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Home My WebLink AboutOrdinance 6945Page 1 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6945 File Number: 2025-2485 AN ORDINANCE TO REPEAL ORDINANCES 6427, 6625, 6710, 6820, 6888, AND 6936 AND TO ENACT THIS REPLACEMENT ORDINANCE TO LEGALIZE THE OPERATION OF SHORT-TERM RENTALS PURSUANT TO REASONABLE REGULATIONS WHEREAS, short-term rentals had not been legal to operate in Fayetteville until the City Council passed Ordinance 6427 on April 20, 2021, which temporarily made short-term rentals legal if and when in conformity with the reasonable regulations; and WHEREAS, Ordinance 6427 contained a Sunset Clause repealing and making void such legalization and all regulation 20 months after its passage unless extended by subsequent ordinance prior to Sunset Clause’s activation date; and WHEREAS, Ordinance 6625 (December 6, 2022); Ordinance 6710 (November 21, 2023), Ordinance 6820 (December 4, 2024), Ordinance 6888 (June 17, 2025), and Ordinance 6936 (November 18, 2025) all extended the temporary legalization and regulations of short-term rentals by amending the Sunset Clause until December 30, 2025; and WHEREAS, the City Council has determined it should allow up to 475 Short-term rentals, Type 2 to operate within residentially zoned districts and other mixed-use/commercial zones in which hotels are not permitted as of right in Fayetteville, but also should require conditional use permits for these short-term rentals so that the Planning Commission can ensure compatibility with nearby residential neighborhoods and restrictions against high density and concentration of Short-term rentals which could damage neighborhood character and compatibility; and WHEREAS, our citizens’ peace, health, and safety require reasonable limitations on and regulations of Short-term rentals allowed in residential and mixed-use districts; and WHEREAS, the City Council has worked for over four years to clarify and improve the short-term rental definitions and regulations and now will enact this new ordinance permanently legalizing and regulating short-term rentals with no sunset clause. 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 repeals Ordinances 6427, 6625, 6710, 6820, 6888, and 6936 including their sunset clauses. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals §118.01 of the Fayetteville Code and enacts a replacement §118.01 Applicability as shown on Exhibit A incorporated herein and make a part hereof. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 118.05 City Service Termination of the Fayetteville Code and enacts a replacement § 118.05 as shown on Exhibit B incorporated herein Ordinance: 6945 File Number: 2025-2485 Page 2 and make a part hereof. Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends Chapter 151 Definitions by repealing and replacing the definitions of “Short-term rental,” “Short-term rental, Type 1” and “Short-term rental, Type 2” with the definitions shown on Exhibit C incorporated herein and made a part hereof, and re-enacting all the other original definitions as also shown in Exhibit C. Section 5: That the City Council of the City of Fayetteville, Arkansas hereby repeals all of Chapter 161, Zoning Regulations and enacts a replacement Chapter 161, Zoning Regulations as shown on Exhibit D incorporated herein and made a part hereof. Section 6: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 162.01 Establish/Listing’s table of use units through unit 46 Short-term rentals and subsections (O) Unit 14. Hotel, Motel and Amusement Facilities and (UU) Unit 46. Short-term Rental; and enacts a replacement § 162.01 Establish/Listing’s table of use units and replacements subsections (O) Unit 14. Hotel, Motel and Amusement Facilities and (UU) Unit 46. Short-term Rentals as shown on Exhibit E attached hereto and made a part hereof. Section 7: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 163.18 and enacts a replacement § 163.18 as shown on Exhibit F incorporated herein and made a part hereof. Section 8: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 164.26 and enacts a replacement § 164.26 as show on Exhibit G incorporated hereto and made a part hereof. Section 9: That the City Council of the City of Fayetteville, Arkansas hereby prohibits any owner or manager of a short-term rental from entering into or advertising any new short-term rental agreement or reservation contrary to the terms of these new regulations, but protects existing contractual rights and obligations of short-term rental owners/managers as shown on Exhibit H incorporated herein and made a part hereof. Section 10: That the City Council of the City of Fayetteville, Arkansas hereby determines that this ordinance should become effective without delay because allowing the City’s Short-term Rental regulations to expire through its Sunset Clause without enacting replacement Short-term Rental authorization and regulation code provisions will likely lead to unregulated and illegal operation of Short-term Rentals not subject to the City’s life safety standards and insurance requirements. Enacting the new Short-term Rental code will legalize and regulate the existing permitted and inspected Short-term Rentals necessary for the public peace as well as the health and safety of Fayetteville residents. Therefore, the City Council hereby declares an emergency exists such that this ordinance shall become effective immediately upon its passage and approval. PASSED and APPROVED on December 16, 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. $PRXQW3DLG Page 3 of 14 EXHIBIT A 118.01 Applicability (A) General Businesses. (1) All businesses, institutions, corporations, LLCs, LLPs, partnerships, non-profit associations or corporations, sole proprietorships or other non-governmental entities with a physical address or which operates either a legally permitted home occupation or a short-term rental within the Fayetteville city limits shall be required to file for the City of Fayetteville Business Registry and License. A covered business or entity with multiple physical addresses in Fayetteville must obtain a separate business license for each such business address. (2) In addition, any person or non-governmental entity who has or should have a sales tax permit and operates out of a physical address within Fayetteville shall be required to file for the City of Fayetteville Business Registry and License. (3) In addition, any person or non-governmental entity who is engaged in any trade or occupation which requires federal or state licenses and who operates out of a physical address within Fayetteville shall be required to file for the City of Fayetteville Business Registry and License. (B) Religious Entities. Churches and other religious institutions are exempt from this chapter unless they are performing functions like daycare that must be licensed by the state or that generate revenue upon which state sales or use taxes must be paid. The city business license shall not be required for the religious entity but only for those functions that require a state license or upon which state sales or use taxes must be paid. (C) Minors Exempt. No individual under eighteen (18) years of age shall be required to register or obtain a business license. Minors are prohibited from leasing, advertising, managing or any other activity involved in STRs unless they are an emancipated minor. (D) Individual Landlords Renting Less Than Three (3) Dwelling Units Exempt. An individual landlord, not operating as a corporation, LLC, LLP, or other business entity, who rents out less than three (3) dwelling units, and no commercial, industrial, or institutional unit, site or building shall be exempt from this chapter. However, a landlord that operates a short-term residential rental shall not be exempt and must apply for and obtain a business license for each individual short-term rental. (E) Short-Term Rentals. A residentialcommercial dwelling unit, portion of a dwelling unit, or bedroom within a residential dwelling unit, leased and/or rented to a guest(s), for a period of less than thirty (30) consecutive days. (1) Short-Term Rental, Type 1. A short-term rental is where the owner or long-term tenant occupies the principal dwelling or the accessory dwelling unit as their primary full-time residence for at least nine (9) months of each calendar year and rents the remaining portion of their residence or their accessory dwelling unit as a short-term rental. An applicant for a Type 1 short-term rental shall provide a copy of the property's Homestead Tax Credit, long-term lease agreement or other comparable evidence of long-term residency to the city to prove the long-term residency requirement. The long-term occupant of the property is responsible for the management and control of occupants in the short-term rental, Type I to ensure no adverse effects or problems are inflicted upon residential neighbors. (2) Short-Term Rental, Type 2. If a desired short-term rental does not qualify as a short-term rental, Type 1, a property owner may seek to be approved as a short-term rental, Type Page 4 of 14 2. A new short-term rental, Type 2 may be permitted in residential zoning districts pursuant to the requirements of §163.18 and in non-residential and mixed-use zoning districts pursuant to §164.26. All short-term rentals, Type 2 must also comply with requirements of §118.01(E). (3) Business License Required. No dwelling unit in the city shall be used as a short-term rental unless: (a) The owner of the dwelling unit or operator of the short-term rental possess a valid and current business license for the dwelling unit, and fully complies with all legal requirements and duties imposed herein with respect to each and every short-term rental; and (b) The owner has designated an agent, where said agent fully complies with all legal requirements and duties imposed herein with respect to every short-term rental. The owner may serve as their own agent. (c) The owner of the dwelling unit or operator of the short-term rental provides proof of a valid and current homeowners insurance rider policy which fully covers each unit when operated as short-term rental unit. (4) (4) Separate Business License required for each Short-term Rental. A separate business license shall be required for each dwelling unit used as a short-term rental. (5) Change of Ownership. Any change in ownership requires a new or amended business license. (6) (6) Contact Information Must be Updated. If any required contact information changes for the associated business license, the person to whom the license was issued shall immediately notify the Development Services Department in writing. (7) License Application. The application for a business license shall include at minimum, the following information from applicants: (a) The property owner's information including legal name, mailing address, immediate contact phone number, and immediate contact E-mail address. (b) Information for the dwelling unit subject to the application, inclusive of the physical street address assigned by the city. (c) The type and total number of dwelling units located on the lot of record containing the dwelling unit subject to the application. (d) If the owner is not their own agent, the owner designated agent's information including legal name, mailing address, immediate contact phone number and immediate contact E-mail address. (e) Documentation of approval of a life safety and egress inspection by the City Building Safety Division for the dwelling unit subject to the application. (f) Proof of application for remittance of hotel, motel and restaurant tax to the City of Fayetteville, and verification that all sales, use, and hotel, motel and restaurant taxes are current. (g) Any additional data as deemed necessary or desirable for permit approval by the Development Services Director. (8) License Renewals. Business licenses for short-term rentals shall be renewed in accordance with Chapter 118 of the Business Regulations (Business Registry and Licenses). (9) Legal Duties of License Holders. An owner possessing a short-term rental license shall comply at all times with the following requirements: (a) Occupancy. Short-term rentals shall be subject to, and may not exceed, the occupancy limits approved with the business license. Page 5 of 14 (b) Advertisements. A short-term rental shall not be advertised if it violates occupancy, density, safety, and any of the other provisions of the Fayetteville Code. No short- term rental unit shall be advertised prior to having obtained a business license and the business license number shall be included in the advertisement listing. (c) Information and Posting. Business licensees shall provide to guests and post conspicuously in the common area of the short-term rental unit the city phone number to report a safety complaint. (10) Owner or Agent Accessibility. The property owner shall ensure that they or a designated agent are available at all times during guest occupancy, including nights and weekends, in order to facilitate compliance with this section. For the purposes of these regulations, "availability" means that the owner or agent is accessible by telephone, and, able to be physically present at the short-term rental within three (3) hours of being contacted. (11) Guest Records. The owner shall maintain summary guest registration records, which shall contain the actual dates of occupancy, total number of guests per party per stay, and the rate(s) charged, but shall not contain any personally identifiable information about guests. Such records shall be maintained for three (3) years and shall be provided to the city upon request. of the Chief Finance Officer of the City of Fayetteville for audit or HMR tax collections. (12) Health and Safety. The owner shall ensure that each dwelling unit governed by this section complies with the applicable provisions of the Unified Development Code Chapter 173, Building Regulations. (13) Criminal Activity. The owner shall timely report any known or reasonably suspected criminal activity by a guest to the Fayetteville Police Department within twelve (12) hours maximum. (14) Taxes and Fees. Except for those instances in which a hosting platform bears the responsibility for collecting and remitting taxes and fees applicable to short-term rentals, the property owner shall timely remit in full Fayetteville Hotel, Motel and Restaurant tax and other applicable local, state, and federal taxes and city fees owed in connection with any short-term rental. The failure of a hosting platform to collect and remit taxes and fees shall not relieve an owner of the obligation to pay taxes and fees owed pursuant to this section. (15) Authorization to Occupy, Use, and Operate. Authorization to operate a short-term rental may be granted by the Development Services Director through the issuance of a City of Fayetteville Business Registry and License (Business License). (16) Density For Type 2 Short-Term Rentals. A city-wide density cap of four hundred seventy-five (475) dwelling units may be Type 2 rentals. A conditional use permit may not permit: (a) More Type 2 short-term rentals than what is allowed by the city-wide density cap. (b) Detached single-family: (i) More than 10% or a single unit whichever is greater;4% of the total number of detached single-family dwelling units as Type 2 rentals within a multi500 feet of the outside boundaries of a detached single-family dwelling complex.proposed as a Type 2 short-term rental. (ii) A property with a detached single-family dwelling proposed to be used as a Type 2 short-term rental within 100 feet of a property developed with a detached single- family dwelling licensed as a Type 2 short-term rental. (c) Individual 2-, 3--, and 4-family buildings: Buildings that are owned by the same person or entity and are not a part of a multi-family complex shall have no more than one (1) Type 2 short-term rental unit per building complex. Page 6 of 14 (d(d) Multi-family: More than 10% or a single unit whichever is greater; of total dwelling units as Type 2 rentals within a multi-family dwelling complex. (e) Where attached residential units are held separately through condominium association, horizontal property regime, fee simple, or similar ownership structure, no cap shall be applied to buildings with attached residential dwellings. Structures of attached residential dwellings where applicants seek more than 10% of total units for licensing as Type 2 rentals shall be evaluated by the Building Safety Director and/or Fire Marshal for adequate fire protection as defined by the adopted Arkansas Fire Prevention Code. Where inadequate fire protection is identified, improvements may be required prior to issuance of a business license. (17) Suspension and Revocation. If the Development Services Director has reason to believe that any of the grounds specified in §118.03(A) of the Fayetteville Code exist, or that any rental unit was rented for less than one (1) full night, or to more than one (1) part of guests for the same period of time, or otherwise failed to comply with all terms and conditions of this section, the Development Services Director may suspend or revoke the short-term rental's business license pursuant to the procedures detailed in §118.03 and in §118.04 of the Fayetteville Code. (18) Short-term rentals must comply with the Unified Development Code including the regulations contained in §163.18 and §164.26 and must successfully obtain a business license prior to operation. Page 7 of 14 EXHIBIT B 118.05 Penalty (A) Fines. No business or other entity who is required by this chapter to obtain a business license shall operate without having and displaying at the business a valid and current City of Fayetteville Business License. Operating without a license shall be a violation punishable by a fine of up to $250.00 per day of operation. (B) (1) City Services Termination. If a business or entity continues to operate without a valid and current City of Fayetteville Business License for a period of one (1) week after written notification by the Director of Development Services, the Mayor may order the withholding of all city services including water, sewer and solid waste for the business premises. (2) A Type 2 short-term rental operator who does not have a valid and legal business license for the Type 2 short-term rental and who has not already been afforded an opportunity for a procedural due process hearing pursuant to subsection 118.01(E)(17) shall be sent a letter to the address of the suspected Type 2 short-term rental in which it is stated that the operator or owner may request a procedural due process hearing prior to withholding city services in not less than five (5) nor more than ten (10) business days. If such due process hearing is requested by the owner or operator prior to the expiration of ten (10) business days, such hearing shall be promptly scheduled. The Chief of Staff shall hear evidence from city staff and others that the subject Type 2 short- term rental does not have a valid current license and has been operating the short-term rental in violation of the City Code. The owner or operator may then explain and/or provide evidence disputing the city's allegations or explaining why city services should not be withheld from the property. The Chief of Staff may then recommend to the Mayor whether or not city services should be withheld from the premises of the Type 2 short- term rental and what could be done by the owner/operator of the premises to obtain city services at this location again. The Mayor may then order the withholding of all city services including water, sewer and solid waste from the premises and property. (3) For the initial violation of an owner or business operating a Type-2 short-term rental without a valid and legal business license, services may be withheld for a period of up to one month. (4) For the second and each subsequent violation of an owner or business operating a Type-2 short-term rental without a valid and legal business license, services may be withheld for up to six months after being afforded an opportunity for a due process hearing as explained in (2). (C) Removal of Licensing Eligibility. In the event of three violations occurring in a twelve-month period, the Development Services Director should remove the property from eligibility for short-term rental licensing beginning at the date of the most recent violation for a period of two years. Page 8 of 14 EXHIBIT C CHAPTER 151. DEFINITIONS Agent. Owner-Designated. A person designated by the owner of a property. where designee has a physical address within the City of Fayetteville is accessible 24-hours a day, and otherwise in compliance with the UDC requirements for short-term rentals. The owner may serve as their own agent. Bedroom. As defined by the International Building Code and International Fire Code as adopted by the State of Arkansas and the City of Fayetteville and listed on the City of Fayetteville STR website. Booking transaction Any contractual agreement between a guest and an owner relative to a short-term rental. Dwelling unit (zoning). One (1) room. or rooms connected together. constituting a separate, independent housekeeping establishment for owner occupancy. or rental or lease on a monthly, or longer basis. and physically separated from any other rooms or dwell ing units which may be in the same structure, and containing independent cooking and sleeping facilities. Guest. Short-term rental. Any person who occupies a short-term rental. for a period of less than 30 consecutive days. pursuant to a short-term rental lease term and/or other like agreement. for the purposes of temporary lodging. Host. Short-term rental. The owner(s) of a short-term rental who has authority to offer the dwelling unit, portion thereof, or a room within the dwelling unit as a legal short-term rental. Owner. A person who owns at least a 50 percent interest in a dwelling unit used for short- term rentals. Permanent residential dwelling. A structure that has been legally permitted or is a legal. non-conforming structure allowed for permanent occupancy as a residential dwelling. Hosting Platform. A person or entity that participates in the short-term rental business by providing and collecting or receiving a fee(s) for facilitating booking transactions through which a short-term rental host may offer a short-term rental to a short-term rental guest. Hosting platforms typically, though not always, facilitate booking transactions through an on line platform that allows a short-term rental host to advertise the short-term rental through a website provided by the hosting platform and the hosting platform conducts a transaction by which potential short-term rental guest reserve a guestroom (s) and arrange payment, whether the short-term rental guest pays rent directly to the short-term rental host or to the hosting platform. Short-term rental. A residentialcommercial dwelling unit, portion of a dwelling unit, or bedroom within a residential dwelling unit, leased and/or rented to a guest(s), for a period of less than thirty (30) consecutive (30) days. Page 9 of 14 Short-term rental, Type 1. A short-term rental where the principal use of the property remains as a full-time residence. The occupants or owner rent their primary residence as a short-term rental. A copy of the Homestead Tax Credit or long-term lease agreement for the subject property is required to be classified as a Type 1 rental. The occupant or owner must occupy the residence for nine (9) months of the year. Accessory dwelling units (ADUs) as defined in Unified Development Code Chapter 151 shall be considered a Type 1 short-term rental. Short-term rental, Type 2. A short-term rental that is not occupied by a permanent resident. The owner lists this property full-time as a short-term rental and has no intention of having permanent residents living in the property. Short-term rental, Type 1. A short-term rental is where the owner or long term tenant occupies the principal dwelling or the accessory dwelling unit as their primary full time residence for at least nine months of each calendar year and rents the remaining portion of their residence or their accessory dwelling unit as a short-term rental. An applicant for a Type 1 Short-Term Rental shall provide a copy of the property’s Homestead Tax Credit, long term lease agreement or other comparable evidence of long-term residency to the City to prove the long-term residency requirement. The long-term occupant of the property is responsible for the management and control of occupants in the short-term rental, Type 1 to ensure no adverse effects or problems are inflicted upon residential neighbors. Short-Term Rental, Type 2. If a desired Short-Term Rental does not qualify as a Short-Term Rental, Type 1, a property owner may seek to be approved as a Short-Term Rental, Type 2. A new Short-Term Rental, Type 2 may be permitted in residential zoning districts pursuant to the requirements of § 163.18 and in non-residential and mixed-use zoning districts pursuant to § 164.26. All Short-Term Rentals, Type 2 must also comply with requirements of § 118.01 (E). Page 10 of 14 EXHIBIT E 162.01 Establishment/Listing The various use units referred to in the zoning district provisions are herein listed in numerical order. Within the use units, the permitted uses are ordinarily listed in alphabetical order. In these use units where there is a preliminary descriptive statement (which may mention specific uses) in addition to the detailed list of uses, the detailed list shall govern. Unit 1 City-wide uses by right Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 6 Agriculture Unit 7 Animal husbandry Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 11 Manufactured home park Unit 12a Limited business Unit 12b General business Unit 13 Eating places Unit 14 Hotel, motel and amusement facilities Unit 15 Neighborhood shopping goods Unit 16 Shopping goods Unit 17 Transportation Trades and services Unit 18 Gasoline service stations and drive-in/drive-through restaurants Unit 19 Commercial recreation, small sites Unit 20 Commercial recreation, large sites Unit 21 Warehousing and wholesale Unit 22 Manufacturing Unit 23 Heavy industrial Unit 24 Home occupation Unit 25 Offices, studios, and related services Unit 26 Multi-family dwellings Unit 27 Wholesale bulk petroleum storage facilities with underground storage tanks Unit 28 Center for collecting recyclable materials Unit 29 Dance halls Unit 30 Extractive uses Unit 31 Facilities emitting odors & facilities handling explosives Unit 32 Sexually oriented business Unit 33 Adult live entertainment club or bar Unit 34 Liquor stores Unit 35 Outdoor music establishments Unit 36 Wireless communications facilities Page 11 of 14 Unit 37 Manufactured homes Unit 38 Mini-storage units Unit 39 Auto salvage and junk yards Unit 40 Sidewalk Cafes Unit 41 Accessory dwellings Unit 42 Clean technologies Unit 43 Animal boarding and training Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rentals Unit 47 Data centers Unit 48 Private dormitories (O) Unit 14.Hotel, Motel, and Amusement Facilities. (1) Description. Unit 14 consists of hotels, motels, and certain types of amusement facilities. (2) Included Uses. Hotel Membership lodge Motel Motion picture theater Night club, not providing dancing or outdoor music Tavern, not providing dancing or outdoor music Use Unit 46, Short-term rental is also permitted within Use Unit 14 (UU) Unit 46. Short-term rental. (1) Description. Unit 46 is provided to allow a permanent residential dwelling unit, portion of a residential dwelling unit, or bedroom within a residential dwelling unit, to be leased and/or rented to a guest(s) for a period of less than thirty (30) consecutive days. (2) Included Uses. Short-term rentals EXHIBIT F 163.18 Type 2 Short-Term Rentals in Residential Zoning Districts (A) Residential Zoning Districts. Type 2 short-term rentals may be permitted as a conditional use in the following residential zoning districts: (1) R-A (2) RSF-.5 (3) RSF-1 (4) RSF-2 (5) RSF-4 (6) RSF-7 (7) RSF-8 (8) RSF-18 (9) RI-12 (10) RI-U (11) RMF-6 (12) RMF-12 (13) RMF-18 (14) RMF-24 (15) RMF-40 (16) NC Short-term rentals may be permitted by right or by conditional use in planned zoning districts subject to the zoning regulations enacted by the City Council for each district. Short-term rentals in non-residential zoning districts, mixed use zoning districts, or other zoning districts not listed above are not required to apply for a conditional use permit. (B) Occupancy. Maximum of two (2) people per bedroom, plus two (2), for the entire unit when operated as a shortShort-term rental.Rental. (C) Parking. Parking is limited to the maximum number of vehicles as allowed by the underlying zoning district for the residential building on the property. (D) Special events are not permitted in a short-term rental. Example of special events include, but are not limited to, weddings, receptions, anniversaries, private parties, fundraisers and business seminars. (E) Short-term rental units are allowed in any structure established as a permanent residential dwelling including an accessory dwelling unit. No recreational vehicle, trailer, other vehicle or structure not classified as a permanent residential dwelling may be used as a short-term rental. (F) Exceptions. Exceptions to the short-term rental standards, except proposals that would exceed the city-wide density maximum, may be granted by the Planning Commission as a conditional use permit. (G) Short-term rentals must comply with all applicable codes under City Code §118.01 and successfully obtain a business license prior to operation. (H) Short-term rentals in residential zoning districts may be subject to denial or additional conditions based upon the Planning Commission's findings on the following factors: (1) Adequate parking infrastructure; 13 (2) Adequate adjoining or nearby streets for on-street parking; (3) Frequency or concentration of nearby licensed Type 2 short-term rentals; (4) Prior zoning or code violations; and (5) Proximity to public or private K-12 schools when the proposed property is within 1,000 feet of the school boundary line. ; (6) Compatibility with nearby residential neighborhood; (7) All standards, requirements, and considerations of § 118.01 (E) Short-term Rentals and §163.02 Authority; Conditions, Procedures. 14 EXHIBIT G 164.26 Type 1 Short-Term Rentals Citywide and Type 2 Short-Term Rentals in Non- Residential and Mixed Use Zoning Districts (A) Commercial and Mixed Use Zoning Districts. Type 2 short-term rentals may be permitted in all zoning districts where hotel/motel uses are permitted by right and shall not count towards the Type 2 short-term rental density cap in these districts except in multi-family buildings as specified in Chapter 118 of the Fayetteville City Code. Type 2 short-term rentals in all other non-residential and mixed-use zoning districts may be permitted but shall count towards the Type 2 short-term rental density cap. Short term rentals may be permitted by right or by conditional use in planned zoning districts subject to the zoning regulations enacted by the City Council for each district. (B) Occupancy. Maximum of two (2) people per bedroom, plus two (2), for the entire unit when operated as a shortShort-term rental.Rental. (C) Parking. Parking is limited to the maximum number of vehicles as allowed by the underlying zoning district for the residential building on the property. (D) Special events are not permitted in a short-term rental. Example of special events include, but are not limited to, weddings, receptions, anniversaries, private parties, fundraisers and business seminars. (E) Short-term rental units are allowed in any structure established as a permanent residential dwelling including an accessory dwelling unit. No recreational vehicle, trailer, other vehicle or structure not classified as a permanent residential dwelling may be used as a short-term rental. (F) Exceptions. Exceptions to the short-term rental standards, except proposals that would exceed the city-wide density maximum, may be granted by the Planning Commission as a conditional use permit. (G) Short-term rentals must comply with all applicable codes under City Code §118.01 and successfully obtain a business license prior to operation. EXHIBIT A 118.01 Applicability (A) General Businesses. (1) All businesses, institutions, corporations, LLCs, LLPs, partnerships, non-profit associations or corporations, sole proprietorships or other non-governmental entities with a physical address or which operates either a legally permitted home occupation or a short-term rental within the Fayetteville city limits shall be required to file for the City of Fayetteville Business Registry and License. A covered business or entity with multiple physical addresses in Fayetteville must obtain a separate business license for each such business address. (2) In addition, any person or non-governmental entity who has or should have a sales tax permit and operates out of a physical address within Fayetteville shall be required to file for the City of Fayetteville Business Registry and License. (3) In addition, any person or non-governmental entity who is engaged in any trade or occupation which requires federal or state licenses and who operates out of a physical address within Fayetteville shall be required to file for the City of Fayetteville Business Registry and License. (B) Religious Entities. Churches and other religious institutions are exempt from this chapter unless they are performing functions like daycare that must be licensed by the state or that generate revenue upon which state sales or use taxes must be paid. The city business license shall not be required for the religious entity but only for those functions that require a state license or upon which state sales or use taxes must be paid. (C) Minors Exempt. No individual under eighteen (18) years of age shall be required to register or obtain a business license. Minors are prohibited from leasing, advertising, managing or any other activity involved in STRs unless they are an emancipated minor. (D) Individual Landlords Renting Less Than Three (3) Dwelling Units Exempt. An individual landlord, not operating as a corporation, LLC, LLP, or other business entity, who rents out less than three (3) dwelling units, and no commercial, industrial, or institutional unit, site or building shall be exempt from this chapter. However, a landlord that operates a short-term residential rental shall not be exempt and must apply for and obtain a business license for each individual short-term rental. (E) Short-Term Rentals. A commercial dwelling unit, portion of a dwelling unit, or bedroom within a residential dwelling unit, leased and/or rented to a guest(s), for a period of less than thirty (30) consecutive days. (1) Short-Term Rental, Type 1. A short-term rental is where the owner or long-term tenant occupies the principal dwelling or the accessory dwelling unit as their primary full-time residence for at least nine (9) months of each calendar year and rents the remaining portion of their residence or their accessory dwelling unit as a short-term rental. An applicant for a Type 1 short-term rental shall provide a copy of the property's Homestead Tax Credit, long-term lease agreement or other comparable evidence of long-term residency to the city to prove the long-term residency requirement. The long-term occupant of the property is responsible for the management and control of occupants in the short-term rental, Type 1 to ensure no adverse effects or problems are inflicted upon residential neighbors. (2) Short-Term Rental, Type 2. If a desired short-term rental does not qualify as a short-term rental, Type 1, a property owner may seek to be approved as a short-term rental, Type 2. A new short-term rental, Type 2 may be permitted in residential zoning districts pursuant to the requirements of §163.18 and in non-residential and mixed-use zoning districts pursuant to §164.26. All short-term rentals, Type 2 must also comply with requirements of §118.01(E). (3) Business License Required. No dwelling unit in the city shall be used as a short-term rental unless: (a) The owner of the dwelling unit or operator of the short-term rental possess a valid and current business license for the dwelling unit, and fully complies with all legal requirements and duties imposed herein with respect to each and every short-term rental; and (b) The owner has designated an agent, where said agent fully complies with all legal requirements and duties imposed herein with respect to every short-term rental. The owner may serve as their own agent. (c) The owner of the dwelling unit or operator of the short-term rental provides proof of a valid and current homeowners insurance rider policy which fully covers each unit when operated as short- term rental unit. (4) Separate Business License required for each Short-term Rental. A separate business license shall be required for each dwelling unit used as a short-term rental. (5) Change of Ownership. Any change in ownership requires a new or amended business license. (6) Contact Information Must be Updated. If any required contact information changes for the associated business license, the person to whom the license was issued shall immediately notify the Development Services Department in writing. (7) License Application. The application for a business license shall include at minimum, the following information from applicants: (a) The property owner's information including legal name, mailing address, immediate contact phone number, and immediate contact E-mail address. (b) Information for the dwelling unit subject to the application, inclusive of the physical street address assigned by the city. (c) The type and total number of dwelling units located on the lot of record containing the dwelling unit subject to the application. (d) If the owner is not their own agent, the owner designated agent's information including legal name, mailing address, immediate contact phone number and immediate contact E-mail address. (e) Documentation of approval of a life safety and egress inspection by the City Building Safety Division for the dwelling unit subject to the application. (f) Proof of application for remittance of hotel, motel and restaurant tax to the City of Fayetteville, and verification that all sales, use, and hotel, motel and restaurant taxes are current. (g) Any additional data as deemed necessary or desirable for permit approval by the Development Services Director. (8) License Renewals. Business licenses for short-term rentals shall be renewed in accordance with Chapter 118 of the Business Regulations (Business Registry and Licenses). (9) Legal Duties of License Holders. An owner possessing a short-term rental license shall comply at all times with the following requirements: (a) Occupancy. Short-term rentals shall be subject to, and may not exceed, the occupancy limits approved with the business license. (b) Advertisements. A short-term rental shall not be advertised if it violates occupancy, density, safety, and any of the other provisions of the Fayetteville Code. No short-term rental unit shall be advertised prior to having obtained a business license and the business license number shall be included in the advertisement listing. (c) Information and Posting. Business licensees shall provide to guests and post conspicuously in the common area of the short-term rental unit the city phone number to report a safety complaint. (10) Owner or Agent Accessibility. The property owner shall ensure that they or a designated agent are available at all times during guest occupancy, including nights and weekends, in order to facilitate compliance with this section. For the purposes of these regulations, "availability" means that the owner or agent is accessible by telephone, and, able to be physically present at the short-term rental within three (3) hours of being contacted. (11) Guest Records. The owner shall maintain summary guest registration records, which shall contain the actual dates of occupancy, total number of guests per party per stay, and the rate(s) charged, but shall not contain any personally identifiable information about guests. Such records shall be maintained for three (3) years and shall be provided to the city upon request of the Chief Finance Officer of the City of Fayetteville for audit or HMR tax collections. (12) Health and Safety. The owner shall ensure that each dwelling unit governed by this section complies with the applicable provisions of the Unified Development Code Chapter 173, Building Regulations. (13) Criminal Activity. The owner shall timely report any known or reasonably suspected criminal activity by a guest to the Fayetteville Police Department within twelve (12) hours maximum. (14) Taxes and Fees. Except for those instances in which a hosting platform bears the responsibility for collecting and remitting taxes and fees applicable to short-term rentals, the property owner shall timely remit in full Fayetteville Hotel, Motel and Restaurant tax and other applicable local, state, and federal taxes and city fees owed in connection with any short-term rental. The failure of a hosting platform to collect and remit taxes and fees shall not relieve an owner of the obligation to pay taxes and fees owed pursuant to this section. (15) Authorization to Occupy, Use, and Operate. Authorization to operate a short-term rental may be granted by the Development Services Director through the issuance of a City of Fayetteville Business Registry and License (Business License). (16) Density For Type 2 Short-Term Rentals. A city-wide density cap of four hundred seventy-five (475) dwelling units may be Type 2 rentals. A conditional use permit may not permit: (a) More Type 2 short-term rentals than what is allowed by the city-wide density cap. (b) Detached single-family: (i) More than 4% of the total number of detached single-family dwelling units within 500 feet of the outside boundaries of a detached single-family dwelling proposed as a Type 2 short-term rental. (ii) A property with a detached single-family dwelling proposed to be used as a Type 2 short-term rental within 100 feet of a property developed with a detached single-family dwelling licensed as a Type 2 short-term rental. (c) 2-, 3-, and 4-family: Buildings that are owned by the same person or entity and are not a part of a multi-family complex shall have no more than one (1) Type 2 short-term rental unit per building complex. (d) Multi-family: More than 10% or a single unit whichever is greater; of total dwelling units as Type 2 rentals within a multi-family dwelling complex. (e) Where attached residential units are held separately through condominium association, horizontal property regime, fee simple, or similar ownership structure, no cap shall be applied to buildings with attached residential dwellings. Structures of attached residential dwellings where applicants seek more than 10% of total units for licensing as Type 2 rentals shall be evaluated by the Building Safety Director and/or Fire Marshal for adequate fire protection as defined by the adopted Arkansas Fire Prevention Code. Where inadequate fire protection is identified, improvements may be required prior to issuance of a business license. (17) Suspension and Revocation. If the Development Services Director has reason to believe that any of the grounds specified in §118.03(A) of the Fayetteville Code exist, or that any rental unit was rented for less than one (1) full night, or to more than one (1) part of guests for the same period of time, or otherwise failed to comply with all terms and conditions of this section, the Development Services Director may suspend or revoke the short-term rental's business license pursuant to the procedures detailed in §118.03 and in §118.04 of the Fayetteville Code. (18) Short-term rentals must comply with the Unified Development Code including the regulations contained in §163.18 and §164.26 and must successfully obtain a business license prior to operation. EXHIBIT B CHAPTER 118: BUSINESS REGISTRY AND LICENSES 118.05 Penalty (A) Fines. No business or other entity who is required by this chapter to obtain a business license shall operate without having and displaying at the business a valid and current City of Fayetteville Business License. Operating without a license shall be a violation punishable by a fine of up to $250.00 per day of operation. (B) (1) City Services Termination. If a business or entity continues to operate without a valid and current City of Fayetteville Business License for a period of one (1) week after written notification by the Director of Development Services, the Mayor may order the withholding of all city services including water, sewer and solid waste for the business premises. (2) A Type 2 short-term rental operator who does not have a valid and legal business license for the Type 2 short-term rental and who has not already been afforded an opportunity for a procedural due process hearing pursuant to subsection 118.01(E)(17) shall be sent a letter to the address of the suspected Type 2 short-term rental in which it is stated that the operator or owner may request a procedural due process hearing prior to withholding city services in not less than five (5) nor more than ten (10) business days. If such due process hearing is requested by the owner or operator prior to the expiration of ten (10) business days, such hearing shall be promptly scheduled. The Chief of Staff shall hear evidence from city staff and others that the subject Type 2 short-term rental does not have a valid current license and has been operating the short-term rental in violation of the City Code. The owner or operator may then explain and/or provide evidence disputing the city's allegations or explaining why city services should not be withheld from the property. The Chief of Staff may then recommend to the Mayor whether or not city services should be withheld from the premises of the Type 2 short-term rental and what could be done by the owner/operator of the premises to obtain city services at this location again. The Mayor may then order the withholding of all city services including water, sewer and solid waste from the premises and property. (3) For the initial violation of an owner or business operating a Type-2 short-term rental without a valid and legal business license, services may be withheld for a period of up to one month. (4) For the second and each subsequent violation of an owner or business operating a Type-2 short-term rental without a valid and legal business license, services may be withheld for up to six months after being afforded an opportunity for a due process hearing as explained in (2). (C) Removal of Licensing Eligibility. In the event of three violations occurring in a twelve-month period, the Development Services Director should remove the property from eligibility for short-term rental licensing beginning at the date of the most recent violation for a period of two years. EXHIBIT C CHAPTER 151. DEFINITIONS Agent. Owner-Designated. A person designated by the owner of a property. where designee has a physical address within the City of Fayetteville is accessible 24-hours a day, and otherwise in compliance with the UDC requirements for short-term rentals. The owner may serve as their own agent. Bedroom. As defined by the International Building Code and International Fire Code as adopted by the State of Arkansas and the City of Fayetteville and listed on the City of Fayetteville STR website. Booking transaction Any contractual agreement between a guest and an owner relative to a short-term rental. Dwelling unit (zoning). One (1) room or rooms connected together constituting a separate, independent housekeeping establishment for owner occupancy. or rental or lease on a monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities. Guest. Short-term rental. Any person who occupies a short-term rental. for a period of less than 30 consecutive days pursuant to a short-term rental lease term and/or other like agreement for the purposes of temporary lodging. Host. Short-term rental. The owner(s) of a short-term rental who has authority to offer the dwelling unit, portion thereof, or a room within the dwelling unit as a legal short-term rental. Owner. A person who owns at least a 50 percent interest in a dwelling unit used for short-term rentals. Permanent residential dwelling. A structure that has been legally permitted or is a legal. non-conforming structure allowed for permanent occupancy as a residential dwelling. Hosting Platform. A person or entity that participates in the short-term rental business by providing and collecting or receiving a fee(s) for facilitating booking transactions through which a short-term rental host may offer a short-term rental to a short-term rental guest. Hosting platforms typically, though not always, facilitate booking transactions through an on line platform that allows a short-term rental host to advertise the short- term rental through a website provided by the hosting platform and the hosting platform conducts a transaction by which potential short-term rental guest reserve a guestroom(s) and arrange payment, whether the short-term rental guest pays rent directly to the short-term rental host or to the hosting platform. Short-term rental. A commercial dwelling unit, portion of a dwelling unit, or bedroom within a residential dwelling unit, leased and/or rented to a guest(s), for a period of less than thirty consecutive (30) days. Short-term rental, Type 1. A short-term rental is where the owner or long term tenant occupies the principal dwelling or the accessory dwelling unit as their primary full time residence for at least nine months of each calendar year and rents the remaining portion of their residence or their accessory dwelling unit as a short-term rental. An applicant for a Type 1 Short-Term Rental shall provide a copy of the property’s Homestead Tax Credit, long term lease agreement or other comparable evidence of long-term residency to the City to prove the long-term residency requirement. The long-term occupant of the property is responsible for the management and control of occupants in the short-term rental, Type 1 to ensure no adverse effects or problems are inflicted upon residential neighbors. Short-Term Rental, Type 2. If a desired Short-Term Rental does not qualify as a Short-Term Rental, Type 1, a property owner may seek to be approved as a Short-Term Rental, Type 2. A new Short-Term Rental, Type 2 may be permitted in residential zoning districts pursuant to the requirements of § 163.18 and in non-residential and mixed-use zoning districts pursuant to § 164.26. All Short-Term Rentals, Type 2 must also comply with requirements of § 118.01 (E). Page 1 of 57 EXHIBIT D CHAPTER 161: ZONING REGULATIONS 161.01 Application Of District Regulations Minimum Regulations/Exceptions. The regulations set by this chapter within each district shall be minimum regulations and shall apply uniformly for each class or kind of structure or land, except as hereinafter provided: (A) General. No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformity with all the regulations herein specified for the district in which it was located. (B) Limitations. No building or other structure shall hereafter be erected or altered: (1) Height/Bulk. To exceed the height or bulk; (2) Number of Units. To accommodate or house a greater number of units; (3) Lot Area. To occupy a greater percentage of lot area; (4) Setback/Open Spaces. To have narrower or smaller rear setbacks, front setbacks, side setbacks, or other open spaces than herein required; or (5) Other. In any other manner contrary to the provisions of this chapter. (C) Independent Compliance. No part of a setback, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter shall be included as part of a setback, open space, or off-street parking or loading space similarly required for any other building. (D) Effective Date. No setback or lot existing on June 29, 1970, shall be reduced in dimension or area below the minimum requirements set forth herein. Setbacks or lots created after June 29, 1970, shall meet at least the minimum requirements established by this chapter. (E) Annexation. All territory which may hereafter be annexed to the city shall be considered to be in District R-A until the territory is rezoned as provided herein. (F) Measuring Setbacks. (1) Front. Measured from the street right-of-way, or street right-of-way setback as required by the Master Street Plan. (2) Side. Measured from the side property line. (3) Rear. Measured from the rear property line. (4) Corner. A corner lot has two fronts and two sides. (G) Conditional Uses. These uses are permissible if approved by the Planning Commission. See Chapter 163, Use Conditions. (H) Authorized Construction/Use. Permits issued on the basis of plans and applications approved by the Zoning and Development Administrator or Planning Commission authorize only the use, arrangements, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. 161.02 Zoning Compliance And Business License (A) Required. It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered, or enlarged Page 2 of 57 in its use or structure until a business license has been issued by the Zoning and Development Administrator stating that the proposed use of the building or land conforms to the requirements of this chapter. (B) Conforming Uses. Uses permitted within the underlying zoning district shall be eligible for a business license, subject to Chapter 118 of the Fayetteville Code. (C) Nonconforming Uses. (1) Except for short-term rental units subject to Chapter 163 of the UDC, uses within the following use unit categories established prior to September 7, 2010 and operating in a zoning district that does not currently allow the use, are for the purposes of zoning compliance determined to be an existing nonconforming use, may continue to operate and are eligible to obtain a city business license. The exemption shall not be construed as relieving the owner or operator of such business from the regulations of the business license ordinance, including grounds for suspension and revocation, or from any other applicable federal, state, or city regulations. Use Units 3 Public protection facilities 4 Cultural and recreational facilities 5 Government facilities 6 Agricultural 7 Animal husbandry 12a Limited business 13 Eating places 15 Neighborhood shopping goods 24 Home occupation 25 Offices, studios, and related services (2) Except for short-term rental units subject to Chapter 163 of the UDC, uses within the following use unit categories established prior to July 15, 2003 and operating in a zoning district that does not currently allow the use, are for the purposes of zoning compliance determined to be an existing nonconforming use, may continue to operate and are eligible to obtain a city business license. The exemption shall not be construed as relieving the owner or operator of such business from the regulations of the business license ordinance, including grounds for suspension and revocation, or from any other applicable federal, state, or city regulations. Use Units 2 City-wide uses by conditional use permit 14 Hotel, motel and amusement facilities 16 Shopping goods 17 Transportation trades and services 18 Gasoline service stations & drive-in/drive-through restaurants 19 Commercial recreation, small sites 20 Commercial recreation, large sites 21 Warehousing and wholesale 22 Manufacturing 23 Heavy industrial 27 Wholesale bulk petroleum storage facilities with underground tanks 28 Center for collecting recyclable materials Page 3 of 57 29 Dance halls 30 Extractive uses 31 Facilities emitting odors/handling explosives 32 Sexually oriented businesses 33 Adult live entertainment club or bar 34 Liquor stores 35 Outdoor music establishments 36 Wireless communications facilities 38 Mini-storage units 39 Auto salvage and junk yards 40 Sidewalk cafes 42 Clean technologies 43 Animal boarding and training (3) Businesses operating in a zoning district that does not allow the use and that cannot provide proof of their establishment in accordance with the criteria above are declared to be incompatible with permitted uses and shall not hereafter continue except in conformity with the regulations of the district in which it is located. These businesses shall not be eligible to obtain a city business license until or unless they are brought into compliance with the zoning district regulations. 161.03 District R-A, Residential-Agricultural (A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly transition to urban development has been accomplished; prevent wasteful scattering of development in rural areas; obtain economy of public funds in the providing of public improvements and services of orderly growth; conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve open space. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 6 Agriculture Unit 7 Animal husbandry Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 37 Manufactured homes Unit 41 Accessory dwellings Unit 43 Animal boarding and training Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 4 Cultural and recreational facilities Unit 5 Government facilities Page 4 of 57 Unit 20 Commercial recreation, large sites Unit 24 Home occupations Unit 35 Outdoor Music Establishments Unit 36 Wireless communications facilities Unit 42 Clean technologies (C) Density. Units per acre One-half (½) (D) Bulk and Area Regulations. Lot width minimum 200 feet Lot Area Minimum: Residential: 2 acres Nonresidential: 2 acres Lot area per dwelling unit 2 acres (E) Setback Requirements. Front Side Rear 35 feet 20 feet 35 feet (F) Height Requirements. There shall be no maximum height limits in the R-A District, provided, however, if a building exceeds the height of one (1) story, the portion of the building over one (1) story shall have an additional setback from any boundary line of an adjacent residential district. The amount of additional setback for the portion of the building over one (1) story shall be equal to the difference between the total height of that portion of the building and one (1) story. (G) Building area. None. 161.04 District RSF-.5, Residential Single-Family—One-Half (½) Unit Per Acre (A) Purpose. A district having single-family detached residences on lots with a minimum size of two (2) acres and a maximum gross density of approximately one-half (½) unit per acre. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rentals Page 5 of 57 (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development (C) Density. Units per acre One-half (approximately) (D) Bulk and Area Regulations. Lot width minimum 200 feet Lot area minimum 71,438 square feet Land area per dwelling unit 71,438 square feet (E) Setback Requirements. Front Side Rear 35 feet 20 feet 35 feet (F) Building Height Regulations. Building Height Maximum 3 stories (G) Building Area. None. 161.05 District RSF-1, Residential Single-Family - One (1) Unit Per Acre (A) Purpose. A district having single-family detached residences on lots with a minimum size of one (1) unit per acre. The district is designed to permit and encourage the development of very low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (C) Permitted Uses. Page 6 of 57 Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rentals (D) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development (E) Density. Units per acre 1 (F) Bulk and Area Regulations. Lot width minimum 150 feet Lot area minimum 35,720 square feet Land area per dwelling unit 35,720 square feet (G) Setback Requirements. Front Side Rear 35 feet 20 feet 35 feet (H) Building Height Regulations. Building Height Maximum 3 stories (I) Building Area. None. 161.06 District RSF-2, Residential Single-Family — Two (2) Units Per Acre (A) Purpose. To provide a single-family dwelling transition zone between single-family neighborhoods that have developed with larger lot sizes (1 acre and over) and areas that have developed with smaller lot sizes (8,000 Page 7 of 57 square feet), and to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (C) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rentals (D) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development (E) Density Units per acre 2 (F) Bulk and Area Regulations. Lot width minimum 100 feet Lot area minimum 17,860 square feet Land area per dwelling unit 17,860 square feet (G) Setback Requirements. Front Side Rear 30 feet 15 feet 30 feet (H) Building Height Regulations. Building Height Maximum 3 stories (I) Building Area. None. Page 8 of 57 161.07 District RSF-4, Residential Single-Family - Four (4) Units Per Acre (A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 9 Two-family dwellings Unit 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development (C) Density. Single-family dwellings Two (2) family dwellings Units per acre 4 or less 7 or less (D) Bulk and Area Regulations. Single-family dwellings Two (2) family dwellings Lot minimum width 70 feet 80 feet Lot area minimum 8,000 square feet 12,000 square feet Land area per dwelling unit 8,000 square feet 6,000 square feet Hillside Overlay District Lot minimum width 60 feet 70 feet Hillside Overlay District Lot area minimum 8,000 square feet 12,000 square feet Page 9 of 57 Land area per dwelling unit 8,000 square feet 6,000 square feet (E) Setback Requirements. Front Side Rear 15 feet 5 feet 15 feet (F) Building Height Regulations. Building Height Maximum 3 stories (G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. Accessory ground mounted solar energy systems shall not be considered buildings. 161.08 District RSF-7, Residential Single-Family - Seven (7) Units Per Acre (A) Purpose The RSF-7 Residential District is designed to permit and encourage the development of detached dwellings in suitable environments. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 9 Two family dwellings Unit 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development (C) Density. Single-family dwelling units per acre 7 or less Page 10 of 57 (D) Bulk and Area Regulations. (E) Lot Width Minimum. Single-family 60 feet Two-family 60 feet Townhouse, no more than two (2) attached 30 feet (F) Lot Area Minimum. Single-family 6,000 square feet Two-family 6,000 square feet Townhouse, no more than two (2) attached 3,000 square feet (G) Land Area Per Dwelling Unit. Single-family 6,000 square feet Two-family 3,000 square feet Townhouse, no more than two (2) attached 3,000 square feet (H) Setback Requirements. Front Side Rear 15 feet 5 feet 15 feet (I) Building Height Regulations. Building Height Maximum 3 stories (J) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. 161.09 District RSF-8, Residential Single-Family - Eight (8) Units Per Acre (A) Purpose. The RSF-8 Residential District is designed to bring historic platted development into conformity and to allow for the development of new single family residential areas with similar lot size, density, and land use as the historical neighborhoods in the downtown area. Page 11 of 57 (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 9 Two-family dwellings Unit 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development (C) Density. By Right Single-family dwelling units per acre 8 or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. Single-family 50 feet Two (2) family 50 feet Townhouse, no more than two (2) attached 25 feet (2) Lot Area Minimum. Single-family 5,000 square feet Two-family 5,000 square feet (3) Land Area Per Dwelling Unit. Page 12 of 57 Single-family 5,000 square feet Two-family 5,000 square feet Townhouse, no more than two (2) attached 2,500 square feet (E) Setback Requirements. Front Side Rear 15 feet 5 feet 5 feet (F) Height Regulations. Building Height Maximum 3 stories (G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area, except when a detached garage exists or is proposed; then the area occupied by all buildings shall not exceed 60% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. 161.10 District RSF-18, Residential Single-Family - Eighteen (18) Units Per Acre (A) Purpose. The RSF-18 Single-family Residential District is designed to promote and encourage the efficient development of single-family detached residences in a variety of densities. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 9 Two-family dwellings Unit 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development Page 13 of 57 (C) Density. Units per acre Eighteen (18) or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. Single-family 30 feet Two (2) family 30 feet (2) Lot Area Minimum. Townhouses: individual lot 1,250 square feet Single-family 2,500 square feet Two-family 2,000 square feet (E) Setback Requirements. Front Side Side-Zero Lot Line* Rear A build-to zone that is located between the front property line and a line 25 ft. from the front property line. 5 feet on both sides A setback of less than five feet (zero lot line) is permitted on one interior side, provided a maintenance agreement is filed**. The remaining side setback(s) shall be 10 feet. 5 feet * A zero lot line is an alternative to the 5 foot building setback. Applicants should consult the International Building Code when locating a structure in close proximity to property lines and/or adjacent structures. ** At least 5 feet of maintenance area shall be provided along a structure that is within 5 feet of a property line. This may be provided through a perpetual maintenance easement on the adjacent property, or through a combination of a maintenance easement and private property. Walls, fences and customary yard accessories are permitted in the maintenance area. (F) Building Height Regulations. Building Height Maximum 3 stories (G) Building Area. The area occupied by all buildings shall not exceed 60% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum Buildable Street Frontage. 50% of the lot width for two-family dwellings. Page 14 of 57 161.11 District RI-12, Residential Intermediate, Twelve (12) Units Per Acre (A) Purpose. The RI-12 Residential District is designed to permit and encourage the development of detached and attached dwellings in suitable environments, to provide a development potential between low density and medium density with less impact than medium density development, to encourage the development of areas with existing public facilities and to encourage the development of a greater variety of housing values. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. Units per acre 12 (D) Bulk and Area Regulations. Single- family Two (2) family Three (3) and four (4) family Lot width minimum 50 feet 50 feet 90 feet Lot area minimum 5,000 square feet 7,260 square feet 10,890 square feet. (E) Setback Requirements. Page 15 of 57 Front Side Other Uses Side Single & Two (2) family Rear Other Uses Rear Single Family A build-to zone that is located between the front property line and a line 25 feet from the front property line. 8 feet 5 feet 20 feet 5 feet (F) Building Height Regulations. Building height maximum 2 stories/3 stories* * A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of three (3) stories. (G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum Buildable Street Frontage. 50% of the lot width. 161.12 District RI-U, Residential Intermediate - Urban (A) Purpose. The RI-U Residential District is designed to permit and encourage the development of detached and attached dwellings in suitable environments, to provide a range of housing types compatible in scale with single-family homes and to encourage a diversity of housing types to meet demand for walkable urban living. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 41 Accessory dwellings Unit 44 Cluster housing development Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 12a Limited business Unit 24 Home occupations Page 16 of 57 Unit 26 Multi-family dwellings Unit 36 Wireless communications facilities Unit 48 Private dormitories (C) Density. None. (D) Bulk and Area Regulations. Dwelling (all types) Lot width minimum 18 feet Lot area minimum None (E) Setback Requirements. Front Side Other Uses Side Single & Two (2) Family Rear Other Uses Rear, from centerline of an alley A build-to zone that is located between the front property, line and a line 25 feet from the front property line. None 5 feet 5 feet 12 feet (F) Building Height Regulations. Building height maximum 2 stories/3 stories* * A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of three (3) stories. (G) Building Area. The area occupied by all buildings shall not exceed 60% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum Buildable Street Frontage. 50% of the lot width. 161.13 District RMF-6, Residential Multi-Family—Six (6) Units Per Acre (A) Purpose. The RMF-6 Multi-family Residential District is designed to permit and encourage the development of multi-family residences at a low density that is appropriate to the area and can serve as a transition between higher densities and single-family residential areas. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Page 17 of 57 Unit 9 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 26 Multi-family dwellings Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 11 Manufactured home park Unit 12a Limited business Unit 24 Home occupations Unit 25 Professional offices Unit 36 Wireless communications facilities Unit 48 Private dormitories (C) Density. Units per acre 6 or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. Manufactured home park 100 feet Lot within a manufactured home park 50 feet Single-family 50 feet Two (2) family 50 feet Three (3) family or more 90 feet Professional offices 100 feet (2) Lot Area Minimum. Manufactured home park 3 acres Lot within a Manufactured home park 4,200 square feet Townhouse: Individual lot 2,500 square feet Single-family 6,000 square feet Two (2) family 7,000 square feet Page 18 of 57 Three (3) family or more 9,000 square feet Fraternity or Sorority 2 acres Professional offices 1 acre (E) Setback Requirements. Front Side Other Uses Side Single & Two (2) Family Rear Other Uses Rear Single Family A build-to zone that is located between the front property line and a line 25 feet from the front property line. 8 feet 5 feet 25 feet 5 feet (F) Building Height Regulations. Building height maximum 2 stories/3 stories* * A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of three (3) stories. If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any side boundary line of an adjacent single family district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum Buildable Street Frontage. 50% of the lot width. 161.14 District RMF-12, Residential Multi-Family - Twelve (12) Units Per Acre (A) Purpose. The RMF-12 Multi-family Residential District is designed to permit and encourage the development of multi-family residences at a moderate density that is appropriate to the area. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Page 19 of 57 Unit 26 Multi-family dwellings Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 11 Manufactured home park Unit 12a Limited business Unit 24 Home occupations Unit 25 Professional offices Unit 36 Wireless communications facilities Unit 48 Private dormitories (C) Density. Units per acre 12 or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. Manufactured home park 100 feet Lot within a manufactured home park 50 feet Single family 45 feet Two (2) family 45 feet Three (3) family or more 80 feet Professional offices 100 feet (2) Lot Area Minimum. Manufactured home park 3 acres Lot within a manufactured home park 4,200 square feet Townhouse: Individual lot 2,500 square feet Single-family 4,500 square feet Two (2) family 6,000 square feet Three (3) family or more 9,000 square feet Fraternity or Sorority 2 acres Page 20 of 57 Professional offices 1 acre (3) Land Area Per Dwelling Unit. Manufactured home 3,000 square feet (E) Setback requirements. Front Side Other Uses Side Single & Two (2) Family Rear Other Uses Rear Single Family A build-to zone that is located between the front property line and a line 25 feet from the front property line. 8 feet 5 feet 20 feet 5 feet (F) Building Height Regulations. Building height maximum 2 stories/3 stories* * A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of three (3) stories. If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any side boundary line of an adjacent single family district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum buildable street frontage. 50% of the lot width. 161.15 District RMF-18, Residential Multi-Family — Eighteen (18) Units Per Acre (A) Purpose. The RMF-18 Multi-family Residential District is designed to permit and encourage the development of multi-family residences at a medium density that is appropriate to the area. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Page 21 of 57 Unit 26 Multi-family dwellings Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 11 Manufactured home park Unit 12a Limited business Unit 24 Home occupations Unit 25 Professional offices Unit 36 Wireless communications facilities Unit 48 Private dormitories (C) Density. Units per acre Eighteen (18) or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. Manufactured home park 100 feet Lot within a manufactured home park 50 feet Single-family 40 feet Two (2) family 40 feet Three (3) family or more 75 feet Professional offices 100 feet (2) Lot Area Minimum. Manufactured home park 3 acres Lot within a manufactured home park 4,200 square feet Townhouse: Individual lot 2,500 square feet Single-family 4,000 square feet Two (2) family 5,000 square feet Three (3) family or more 7,500 square feet Fraternity or Sorority 2 acres Professional offices 1 acre Page 22 of 57 (3) Land Area Per Dwelling Unit. Manufactured Home 3,000 square feet (E) Setback Requirements. Front Side Other Uses Side Single & Two (2) Family Rear Other Uses Rear Single Family A build-to zone that is located between the front property line and a line 25 feet from the front property line. 8 feet 5 feet 20 feet 5 feet (F) Building Height Regulations. Building height maximum 2 stories/3 stories* * A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of three (3) stories. If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any side boundary line of an adjacent single family district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum Buildable Street Frontage. 50% of the lot width. 161.16 District RMF-24, Residential Multi-Family - Twenty-Four (24) Units Per Acre (A) Purpose. The RMF-24 Multi-family Residential District is designed to permit and encourage the developing of a variety of dwelling types in suitable environments in a variety of densities. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 26 Multi-family dwellings Unit 41 Accessory dwellings Page 23 of 57 Unit 44 Cluster Housing Development Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 11 Manufactured home park Unit 12a Limited business Unit 24 Home occupations Unit 25 Professional offices Unit 36 Wireless communications facilities Unit 48 Private dormitories (C) Density. Units per acre 24 or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. Manufactured home park 100 feet Lot within a Manufactured home park 50 feet Single-family 35 feet Two (2) family 35 feet Three (3) family or more 70 feet Professional offices 100 feet (2) Lot Area Minimum. Manufactured home park 3 acres Lot within a mobile home park 4,200 square feet Townhouses: Individual lot 2,000 square feet Single-family 3,000 square feet Two (2) family 4,000 square feet Three (3) family or more 7,000 square feet Fraternity or Sorority 2 acres Professional offices 1 acres Page 24 of 57 (3) Land Area Per Dwelling Unit. Manufactured Home 3,000 square feet (E) Setback Requirements. Front Side Other Uses Side Single & Two (2) Family Rear Other Uses Rear Single Family A build-to zone that is located between the front property line and a line 25 feet from the front property line. 8 feet 5 feet 20 feet 5 feet (F) Building Height Regulations. Building Height Maximum 2 stories/3 stories/5 stories* * A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories, between 10—20 feet from the master street plan right-of-way a maximum height of three (3) stories and buildings or portions of the building set back greater than 20 feet from the master street plan right-of-way shall have a maximum height of 5 stories. If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any side boundary line of an adjacent single family district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum Buildable Street Frontage. 50% of the lot width. 161.17 District RMF-40, Residential Multi-Family - Forty (40) Units Per Acre (A) Purpose. The RMF-40 Multi-family Residential District is designated to protect existing high density multi- family development and to encourage additional development of this type where it is desirable. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 26 Multi-family dwellings Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by CUP Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 11 Manufactured home park Unit 12a Limited business Unit 24 Home occupation Unit 25 Professional offices Unit 36 Wireless communications facilities Unit 48 Private dormitories (C) Density. Units per acre Forty (40) or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. Manufactured home park 100 feet Lot within a Manufactured home park 50 feet Single-family 30 feet Two (2) family 30 feet Three (3) family or more 70 feet Professional offices 100 feet (2) Lot Area Minimum. Manufactured home park 3 acres Lot within a mobile home park 4,200 square feet Townhouses: Individual lot 2,000 square feet Single-family 2,500 square feet Two (2) family 3,000 square feet Three (3) family or more 7,000 square feet Fraternity or Sorority 1 acre (3) Land Area Per Dwelling Unit. Manufactured Home 3,000 square feet Fraternity of Sorority 500 square feet per resident (E) Setback Requirements. Front Side Other Uses Side Single & Two (2) Family Rear Other Uses Rear Single Family A build-to zone that is located between the front property line and a line 25 feet from the front property line. 8 feet 5 feet 20 feet 5 feet (F) Building Height Regulations. Building Height Maximum 2 stories/3 stories/5 stories* * A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories, between 10—20 feet from the master street plan right-of-way a maximum height of three (3) stories and buildings or portions of the building set back greater than 20 feet from the master street plan right-of-way shall have a maximum height of 5 stories. If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any side boundary line of an adjacent single family district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum Buildable Street Frontage. 50% of the lot width. 161.18 NS-L, Neighborhood Services - Limited (A) Purpose. The NS-L Neighborhood Services - Limited district is designed to serve as a mixed use area of low intensity. Neighborhood Services promotes a walkable, pedestrian-oriented neighborhood development form with sustainable and complementary neighborhood businesses that are compatible in scale, aesthetics, and use with surrounding land uses. For the purpose of Chapter 96: Noise Control, the Neighborhood Services district is a residential zone. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 12a Limited Business Unit 24 Home occupations Unit 40 Sidewalk cafes Unit 41 Accessory dwelling units Unit 44 Cluster housing development Unit 46 Short-term rentals Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre-approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 13 Eating places Unit 15 Neighborhood shopping goods Unit 19 Commercial recreation, small sites Unit 25 Offices, studios and related services Unit 26 Multi-family dwellings Unit 36 Wireless communication facilities* Unit 45 Small scale production Unit 48 Private dormitories (C) Density. Units per acre Ten (10) or less (D) Bulk and Area. (1) Lot Width Minimum. Single-family 35 feet Two (2) family or more 35 feet All other uses None (2) Lot Area Minimum. Single-family 4,000 square feet Two (2) family or more 3,000 square feet of lot area per dwelling unit All other permitted and conditional uses None (E) Setback Regulations. Front: A build-to zone that is located between 10 and 25 feet from the front property line. Side 5 feet Rear 15 feet (F) Building Height Regulations. Building Height Maximum 3 stories (G) Building area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of the lot. Accessory ground mounted solar energy systems shall not be considered buildings. (Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1- 20-15; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §§5, 6, 8, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6223, §1, 9-3-19; Ord. No. 6245, §2, 10-15-19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21; Ord. No. 6658, §8(Exh. G), 5-2-23; Ord. No. 6879, §2, 5-20-25) Editor's note(s)—Ord. No. 6888, §1, adopted June 17, 2025 determines that Ordinance 6427 (Sunset Clause), Ordinance 6625 (extending Sunset Clause), Ordinance 6710 (extending the Sunset Clause), and Ordinance 6820 (extending the Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on November 30, 2025 unless prior to that time and date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section. 161.19 NS-G, Neighborhood Services - General (A) Purpose. The Neighborhood Services, General district is designed to serve as a mixed use area of medium intensity. Neighborhood Services, General promotes a walkable, pedestrian-oriented neighborhood development form with sustainable and complementary neighborhood businesses that are compatible in scale, aesthetics, and use with surrounding land uses. For the purpose of Chapter 96: Noise Control the Neighborhood Services district is a residential zone. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 12b General business Unit 24 Home occupations Unit 40 Sidewalk cafes Unit 41 Accessory dwelling units Unit 44 Cluster housing development Page 29 of 57 Unit 46 Short-term rentals Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre-approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 13 Eating places Unit 16 Shopping goods Unit 19 Commercial recreation, small sites Unit 25 Offices, studios and related services Unit 26 Multi-family dwellings Unit 36 Wireless communication facilities Unit 45 Small scale production Unit 48 Private dormitories (C) Density. Eighteen (18) or less per acre. (D) Bulk and Area Regulations. (1) Lot Width Minimum. All dwellings 35 feet All other uses None (2) Lot Area Minimum. Single-family 4,000 square feet Two (2) family or more 3,000 square feet per dwelling unit All other uses None (E) Setback regulations. Front Side Side-Zero Lot Line* Rear Rear when contiguous to a single-family residential district A build-to zone that is located between the front property line and a line 25 feet from the front property line. 5 feet A setback of less than 5 feet (zero lot line) is permitted on one interior side, provided a maintenance agreement is filed**. The remaining side setback(s) shall be 10 feet. None 15 feet Page 30 of 57 (F) Building Height Regulations. Building Height Maximum 3 stories (G) Minimum Buildable Street Frontage. 50% of the lot width. 161.20 District R-O, Residential Office (A) Purpose. The Residential-Office District is designed primarily to provide area for offices without limitation to the nature or size of the office, together with community facilities, restaurants and compatible residential uses. The intent of this district is to allow administrative approval if the developer decides to use urban form, in compliance with the build-to zone and minimum buildable street frontage as specified herein. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 12a Limited business Unit 25 Offices, studios, and related services Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 11 Manufactured home park* Unit 13 Eating places Unit 15 Neighborhood shopping goods Unit 24 Home occupations Unit 26 Multi-family dwellings Unit 36 Wireless communications facilities* Unit 42 Clean technologies Unit 45 Small scale production Unit 48 Private dormitories (C) Density. Units per acre 24 or less Page 31 of 57 (D) Bulk and Area Regulations. (Per dwelling unit for residential structures) (1) Lot Width Minimum. Manufactured home park 100 feet Lot within a manufactured home park 50 feet Single-family 60 feet Two (2) family 60 feet Three (3) or more 90 feet (2) Lot Area Minimum. Manufactured home park 3 acres Lot within a manufactured home park 4,200 square feet Townhouses: Development 10,000 square feet Individual lot 2,500 square feet Single-family 6,000 square feet Two (2) family 6,500 square feet Three (3) or more 8,000 square feet Fraternity or Sorority 1 acre (3) Land Area Per Dwelling Unit. Manufactured home 3,000 square feet Townhouses & apartments: No bedroom 1,000 square feet One bedroom 1,000 square feet Two (2) or more bedrooms 1,200 square feet Fraternity or Sorority 500 square feet per resident (E) Setback Regulations. Front 15 feet Front, if parking is allowed between the right-of-way and the building 50 feet Front, in the Hillside Overlay District 15 feet Side 10 feet Side, when contiguous to a residential district 15 feet Side, in the Hillside Overlay District 8 feet Rear, without easement or alley 25 feet Page 32 of 57 Rear, from center line of public alley 10 feet Rear, in the Hillside Overlay District 15 feet Urban Form Setback Regulations: Front A build-to zone that is located between the front property line and a line 25 feet from the front property line Side 5 feet Side-zero lot line* A setback of less than 5 feet (zero lot line) is permitted on one (1) interior side, provided a maintenance agreement is filed.** The remaining side setback(s) shall be 10 feet Rear None Rear when contiguous to a single family residential district 15 feet (F) Building Height Regulations. Building Height Maximum 5 stories If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any side boundary line of an adjacent single family district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building Area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of such lot. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Urban form minimum buildable street frontage: 50% of the lot width. 161.21 District C-1, Neighborhood Commercial (A) Purpose. The Neighborhood Commercial District is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas. The intent of this district is to allow administrative approval if the developer decides to use urban form, in compliance with the build-to zone and minimum buildable street frontage as specified herein. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 5 Government Facilities Page 33 of 57 Unit 13 Eating places Unit 15 Neighborhood shopping Unit 18 Gasoline service stations and drive-in/drive-through restaurants Unit 25 Offices, studios, and related services Unit 40 Sidewalk Cafes Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 16 Shopping goods Unit 34 Liquor stores Unit 35 Outdoor music establishments* Unit 36 Wireless communications facilities* Unit 42 Clean technologies (C) Density. None. (D) Bulk and Area Regulations. None. (E) Setback Regulations. Front 15 feet Front, if parking is allowed between the right-of-way and the building 50 feet Side None Side, when contiguous to a residential district 10 feet Rear 20 feet Urban Form Setback Regulations: Front A build-to zone that is located between 10 feet and a line 25 feet from the front property line Side and rear None Side or rear, when contiguous to a single-family residential district 15 feet Page 34 of 57 (F) Building Height Regulations. Building Height Maximum 5 stories If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any boundary line of an adjacent residential district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Urban form minimum buildable street frontage: 50% of the lot width. 161.22 Community Services (A) Purpose. The Community Services District is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas and is intended to provide for adaptable mixed use centers located along commercial corridors that connect denser development nodes. There is a mixture of residential and commercial uses in a traditional urban form with buildings addressing the street. For the purposes of Chapter 96: Noise Control, the Community Services district is a commercial zone. The intent of this zoning district is to provide standards that enable development to be approved administratively. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 13 Eating places Unit 15 Neighborhood Shopping goods Unit 24 Home occupations Unit 25 Offices, studios and related services Unit 26 Multi-family dwellings Unit 40 Sidewalk Cafes Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rentals Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre-approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 14 Hotel, motel and amusement services Unit 16 Shopping goods Unit 17 Transportation, trades and services Unit 18 Gasoline service stations and drive-in/drive-through restaurants Unit 19 Commercial recreation, small sites Unit 28 Center for collecting recyclable materials Unit 34 Liquor stores Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities* Unit 42 Clean technologies Unit 48 Private dormitories (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. Dwelling 18 feet All others None (2) Lot Area Minimum. None. (E) Setback regulations. Front: A build-to zone that is located between 10 feet and a line 25 feet from the front property line. Side and rear: None Side or rear, when contiguous to a single-family residential district: 15 feet (F) Building Height Regulations. Building Height Maximum 5 stories (G) Minimum Buildable Street Frontage.50% of the lot width. 161.23 District C-2, Thoroughfare Commercial (A) Purpose. The Thoroughfare Commercial District is designed especially to encourage the functional grouping of these commercial enterprises catering primarily to highway travelers. The intent of this district is to allow administrative approval if the developer decides to use urban form, in compliance with the build-to zone and minimum buildable street frontage as specified herein. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government Facilities Unit 13 Eating places Unit 14 Hotel, motel, and amusement facilities Unit 16 Shopping goods Unit 17 Transportation trades and services Unit 18 Gasoline service stations and drive-in/drive-through restaurants Unit 19 Commercial recreation, small sites Unit 20 Commercial recreation, large sites Unit 25 Offices, studios, and related services Unit 33 Adult live entertainment club or bar Unit 34 Liquor store Unit 40 Sidewalk Cafes Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 21 Warehousing and wholesale Unit 28 Center for collecting recyclable materials Unit 29 Dance Halls Unit 32 Sexually oriented business Unit 35 Outdoor music establishments Unit 36 Wireless communications facilities Unit 38 Mini-storage units Unit 42 Clean technologies Unit 43 Animal boarding and training (C) Density. None. (D) Bulk and Area Regulations. None. (E) Setback Regulations. Front 15 feet Front, if parking is allowed between the right-of-way and the building 50 feet Side None Side, when contiguous to a residential district 15 feet Rear 20 feet Urban Form Setback Regulations: Front A build-to zone that is located between 10 feet and a line 25 feet from the front property line Side and rear None Side or rear, when contiguous to a single-family residential district 15 feet (F) Building Height Regulations. Building Height Maximum 6 stories* * If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from side boundary line of an adjacent residential district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building Area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of such lot. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Urban form minimum buildable street frontage: 50% of the lot width. 161.24 Urban Thoroughfare (A) Purpose. The Urban Thoroughfare District is designed to provide goods and services for persons living in the surrounding communities. This district encourages a concentration of commercial and mixed use development that enhances function and appearance along major thoroughfares. Automobile-oriented development is prevalent within this district and a wide range of commercial uses is permitted. For the purposes of Chapter 96: Noise Control, the Urban Thoroughfare district is a commercial zone. The intent of this zoning district is to provide standards that enable development to be approved administratively. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Page 38 of 57 Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 13 Eating places Unit 14 Hotel, motel and amusement services Unit 16 Shopping goods Unit 17 Transportation trades and services Unit 18 Gasoline service stations and drive-in/drive-through restaurants Unit 19 Commercial recreation, small sites Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi-family dwellings Unit 34 Liquor store Unit 40 Sidewalk cafes Unit 41 Accessory Dwellings Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rentals Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre-approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 20 Commercial recreation, large sites Unit 21 Warehousing and wholesale Unit 28 Center for collecting recyclable materials Unit 29 Dance halls Unit 33 Adult live entertainment club or bar Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities Unit 38 Mini-storage units Unit 42 Clean technologies Unit 43 Animal boarding and training Unit 48 Private dormitories (C) Density. None (D) Bulk and Area Regulations. (1) Lot Width Minimum. Single-family dwelling 18 feet Page 39 of 57 All other dwellings None Non-residential None (2) Lot area minimum. None (E) Setback regulations. Front: A build-to zone that is located between 10 feet and a line 25 feet from the front property line. Side and rear: None Side or rear, when contiguous to a single-family residential district: 15 feet (F) Building Height Regulations. Building Height Maximum 5 stories/7 stories* * A building or a portion of a building that is located between 10 and 15 feet from the front property line or any master street plan right-of-way line shall have a maximum height of five (5) stories. A building or portion of a building that is located greater than 15 feet from the master street plan right-of-way shall have a maximum height of seven (7) stories. If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any boundary line of an adjacent single family district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Minimum buildable street frontage. 50% of the lot width. 161.25 District C-3, Central Commercial (A) Purpose. The Central Commercial District is designed to accommodate the commercial and related uses commonly found in the central business district, or regional shopping centers which provide a wide range of retail and personal service uses. The intent of this district is to allow administrative approval if the developer decides to use urban form, in compliance with the build-to zone and minimum buildable street frontage as specified herein. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 13 Eating places Unit 14 Hotel, motel, and amusement facilities Unit 16 Shopping goods Page 40 of 57 Unit 18 Gasoline service stations & drive-in restaurants Unit 19 Commercial recreation, small sites Unit 25 Offices, studios, and related services Unit 26 Multi-family dwellings Unit 34 Liquor stores Unit 40 Sidewalk Cafes Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 17 Transportation trades and services Unit 28 Center for collecting recyclable materials Unit 29 Dance Halls Unit 35 Outdoor music establishments Unit 36 Wireless communications facilities Unit 42 Clean technologies Unit 48 Private dormitories (C) Density. None. (D) Bulk and Area Regulations. None. (E) Setback Regulations. Central Business District Shopping Center Front 5 feet 25 feet Front, if parking is allowed between the right-of-way and the building 50 feet 50 feet Side None None Side, when contiguous to a residential district 10 feet 25 feet Rear, without easement or alley 15 feet 25 feet Rear, from center line of a public alley 10 feet 10 feet Urban Form Setback Regulations: Page 41 of 57 Front A build-to zone that is located between the front property line and a line 25 feet from the front property line Side None Rear 5 feet Rear, from center line of an alley 12 feet (F) Building Height Regulations. Building Height Maximum 5 stories/7 stories* * A building or a portion of a building that is located between 0 and 15 feet from the front property line or any master street plan right-of-way line shall have a maximum height of five (5) stories. A building or a portion of a building that is located greater than 15 feet from the master street plan right-of-way line shall have a maximum height of seven (7) stories. (G) Urban form minimum buildable street frontage: 80% of the lot width. 161.26 Downtown Core (A) Purpose. Development is most intense, and land use is densest in this zone. The downtown core is designed to accommodate the commercial, office, governmental, and related uses commonly found in the central downtown area which provides a wide range of retail, financial, professional office, and governmental office uses. For the purposes of Chapter 96: Noise Control, the Downtown Core district is a commercial zone. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 13 Eating places Unit 14 Hotel, motel, and amusement facilities Unit 16 Shopping goods Unit 17 Transportation trades and services Unit 19 Commercial recreation, small sites Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi-family dwellings Unit 34 Liquor stores Unit 40 Sidewalk Cafes Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Page 42 of 57 Unit 45 Small scale production Unit 46 Short-term rentals Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre-approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 29 Dance Halls Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities Unit 42 Clean technologies Unit 48 Private dormitories (C) Density. None. (D) Bulk and Area Regulations. None. (E) Setback Regulations. Front A build-to zone that is located between the front property line and a line 25 feet from the front property line. Side None Rear 5 feet Rear, from center line of an alley 12 feet (F) Minimum Buildable Street Frontage. 80% of lot width. (G) Building Height Regulations. Building Height Maximum 5 stories/14 stories* * A building or a portion of a building that is located between 0 and 15 feet from the front property line or any master street plan right-of-way line shall have a maximum height of five (5) stories. A building or portion of a building that is located greater than 15 feet from the master street plan right-of-way shall have a maximum height of fourteen (14) stories. 161.27 Main Street/Center (A) Purpose. A greater range of uses is expected and encouraged in the Main Street/Center. The Center is more spatially compact and is more likely to have some attached buildings than Downtown General or Neighborhood Conservation. Multi-story buildings in the Center are well-suited to accommodate a mix of Page 43 of 57 uses, such as apartments or offices above shops. Lofts, live/work units, and buildings designed for changing uses over time are appropriate for the Main Street/Center. The Center is within walking distance of the surrounding, primarily residential areas. For the purposes of Chapter 96: Noise Control, the Main Street/Center district is a commercial zone. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 13 Eating places Unit 14 Hotel, motel, and amusement facilities Unit 16 Shopping goods Unit 17 Transportation trades and services Unit 19 Commercial recreation, small sites Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi-family dwellings Unit 34 Liquor stores Unit 40 Sidewalk Cafes Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rentals Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre-approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 18 Gasoline service stations and drive-in/drive-through restaurants Unit 28 Center for collecting recyclable materials Unit 29 Dance halls Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities Unit 42 Clean technologies Unit 48 Private dormitories (C) Density. None. (D) Bulk and Area Regulations. Page 44 of 57 (1) Lot Width Minimum. Dwelling (all unit types) 18 feet (2) Lot Area Minimum. None. (E) Setback Regulations. Front A build-to zone that is located between the front property line and a line 25 feet from the front property line. Side None Rear 5 feet Rear, from center line of an alley 12 feet (F) Minimum Buildable Street Frontage. 75% of lot width. (G) Building Height Regulations. Building Height Maximum 5 stories/7 stories* * A building or a portion of a building that is located between 0 and 15 feet from the front property line or any master street plan right-of-way line shall have a maximum height of five (5) stories. A building or a portion of a building that is located greater than 15 feet from the master street plan right-of-way line shall have a maximum height of seven (7) stories. 161.28 Downtown General (A) Purpose. Downtown General is a flexible zone, and it is not limited to the concentrated mix of uses found in the Downtown Core or Main Street/Center. Downtown General includes properties in the neighborhood that are not categorized as identifiable centers, yet are more intense in use than Neighborhood Conservation. There is a mixture of single-family homes, rowhouses, apartments, and live/work units. Activities include a flexible and dynamic range of uses, from public open spaces to less intense residential development and businesses. For the purposes of Chapter 96: Noise Control, the Downtown General district is a residential zone. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 13 Eating places Page 45 of 57 Unit 15 Neighborhood shopping goods Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi-family dwellings Unit 40 Sidewalk Cafes Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rentals Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre-approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 14 Hotel, motel and amusement services Unit 16 Shopping goods Unit 17 Transportation trades and services Unit 19 Commercial recreation, small sites Unit 28 Center for collecting recyclable materials Unit 36 Wireless communication facilities Unit 48 Private dormitories (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. Dwelling (all unit types) 18 feet (2) Lot Area Minimum. None. (E) Setback Regulations. Front A build-to zone that is located between the front property line and a line 25 feet from the front property line. Side None Rear 5 feet Rear, from center line of an alley 12 feet Page 46 of 57 (F) Minimum Buildable Street Frontage. 50% of lot width. (G) Building Height Regulations. Building Height Maximum 5 stories 161.29 Neighborhood Conservation (A) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other zones. Although Neighborhood Conservation is the most purely residential zone, it can have some mix of uses, such as civic buildings. Neighborhood Conservation serves to promote and protect neighborhood character. For the purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a residential zone. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 9 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 12a Limited business* Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 28 Center for collecting recyclable materials Unit 36 Wireless communication facilities Unit 44 Cluster Housing Development (C) Density. Ten (10) Units Per Acre. (D) Bulk and Area Regulations. (1) Lot Width Minimum. All dwelling types 40 feet (2) Lot Area Minimum. 4,000 square feet Page 47 of 57 (E) Setback Regulations. Front A build-to zone that is located between the front property line and a line 25 feet from the front property line. Side 5 feet Rear 5 feet Rear, from center line of an alley 12 feet (F) Building Height Regulations. Building Height Maximum 3 stories 161.30 District I-1, Heavy Commercial And Light Industrial (A) Purpose. The Heavy Commercial District is designed primarily to accommodate certain commercial and light industrial uses which are compatible with one another but are inappropriate in other commercial or industrial districts. The Light Industrial District is designed to group together a wide range of industrial uses, which do not produce objectionable environmental influences in their operation and appearance. The regulations of this district are intended to provide a degree of compatibility between uses permitted in this district and those in nearby residential districts. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government Facilities Unit 6 Agriculture Unit 13 Eating places Unit 16 Shopping goods Unit 17 Transportation trades and services Unit 18 Gasoline service stations and drive-in/drive-through restaurants Unit 21 Warehousing and wholesale Unit 22 Manufacturing Unit 25 Offices, studios and related services Unit 27 Wholesale bulk petroleum storage facilities with underground storage tanks Unit 42 Clean technologies Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Page 48 of 57 Unit 19 Commercial recreation, small sites Unit 20 Commercial recreation, large sites Unit 28 Center for collecting recyclable materials Unit 36 Wireless communications facilities Unit 38 Mini-storage units Unit 43 Animal boarding and training (C) Density. None. (D) Bulk and Area Regulations. None. (E) Setback Regulations. Front, when adjoining A or R districts 50 feet Front, when adjoining C, I, or P districts 25 feet Side, when adjoining A or R districts 50 feet Side, when adjoining C, I, or P districts 10 feet Rear 25 feet (F) Height Regulations. There shall be no maximum height limits in I-1 District, provided, however, that if a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any boundary line of an adjacent residential district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building Area. None. 161.31 District I-2, General Industrial (A) Purpose. The General Industrial District is designed to provide areas for manufacturing and industrial activities which may give rise to substantial environment nuisances, which are objectionable to residential and business use. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 5 Government Facilities Unit 6 Agriculture Unit 7 Animal husbandry Unit 13 Eating places Unit 16 Shopping goods Unit 18 Gasoline service stations and drive-in/drive-through restaurants Unit 20 Commercial recreation, large sites Unit 21 Warehousing and wholesale Unit 22 Manufacturing Page 49 of 57 Unit 23 Heavy industrial Unit 25 Offices, studios, and related services Unit 28 Center for collecting recyclable materials Unit 42 Clean technologies Unit 43 Animal boarding and training Unit 46 Short-term rentals Unit 47 Data centers (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 31 Facilities emitting odors and facilities handling explosives. Unit 36 Wireless communications facilities Unit 38 Mini-storage Units Unit 39 Auto salvage and junk yards (C) Density. None. (D) Bulk and area regulations. None. (E) Setback Regulations. Front, when adjoining A or R districts 100 feet Front, when adjoining C, I or P districts 50 feet Side, when adjoining A or R districts 50 feet Side, when adjoining C, I or P districts 25 feet Rear 25 feet (F) Height Regulations. There shall be no maximum height limits in I-2 Districts, provided, however, that if a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any boundary line of an adjacent residential district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building Area. None. 161.32 District P-1, Institutional (A) Purpose. The Institutional District is designed to protect and facilitate use of property owned by public and religious institutions. Larger facilities and institutions may still use historical setback regulations, but public and religious institutions may also choose to use urban form with build-to zones and minimum buildable street frontage allowing administrative approval. (B) Uses. (1) Permitted Uses. Page 50 of 57 Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 12b General business Unit 20 Commercial recreation, large sites Unit 26 Multi-family dwellings Unit 36 Wireless communications facilities Unit 42 Clean technologies Unit 48 Private dormitories (C) Density. None. (D) Bulk and Area Regulations. None. (E) Setback Regulations. Front 15 feet Front, if parking is allowed between the right-of-way and the building 50 feet Side None Side, when contiguous to a residential district 15 feet Rear 20 feet Urban Form Setback Regulations Front A build-to- zone that is located between 10 feet and a line 25 feet from the front property line Side and rear None Side and rear, when contiguous to a single-family residential district 15 feet (F) Building Height Regulations. Building Height Maximum 6 stories* Page 51 of 57 * If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from side boundary line of an adjacent residential district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building Area. On any lot the area occupied by all buildings shall not exceed 60% of the total area of such lot. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Urban form minimum buildable street frontage: 50% of the lot width. 161.33 District E-1, Extraction (A) Purpose. The Extraction District is designed to provide areas for the commercial removal of natural accumulations of sand, clay, silt, gravel, rock, and any mineral where such removal may cause groundwater problems, noise, dust, traffic problems, erosion, and safety concerns. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 30 Extractive uses (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit (C) Density. None. (D) Bulk and area regulations. (1) Lot Width Minimum. Lot width minimum The proposed development shall have at least 200 feet of frontage on a state road or other adequate means of access compatible with sound land use planning principles. (2) Lot Area Minimum. Lot area minimum 10 acres (E) Setback Regulations. From all property lines (including street frontage) when contiguous to all R districts 200 feet From all property lines (including street frontage) when contiguous to P, A, C, and I districts 100 feet Page 52 of 57 161.34 Reserved 161.35 Planned Zoning District (A) Applicability. To be considered for a Planned Zoning District, the applicant shall meet all of the following criteria: (1) Location. Any property located within the city limits is eligible for a Planned Zoning District. Upon City Council approval, an owner or developer of a specific piece of property located within the City's designated planning area may be authorized to submit a Planned Zoning District application in conjunction with an annexation request, but final approval of the PZD will not be effective until said property is annexed into the City of Fayetteville. (2) Size. There shall be no minimum or maximum tract size for a PZD application. (B) Purpose. The intent of the Planned Zoning District is to permit and encourage comprehensively planned zoning and development whose purpose is redevelopment, economic development, cultural enrichment or to provide a single-purpose or mixed-use planned development and to permit the concurrent processing of zoning and development. The City Council may consider any of the following factors in review of a Planned Zoning District application. (1) Flexibility. Providing for flexibility in the distribution of land uses, in the density of development and in other matters typically regulated in zoning districts. (2) Compatibility. Providing for compatibility with the surrounding land uses. (3) Harmony. Providing for an orderly and creative arrangement of land uses that are harmonious and beneficial to the community. (4) Variety. Providing for a variety of housing types, employment opportunities or commercial or industrial services, or any combination thereof, to achieve variety and integration of economic and redevelopment opportunities. (5) No Negative Impact. Does not have a negative effect upon the future development of the area; (6) Coordination. Permit coordination and planning of the land surrounding the PZD and cooperation between the city and private developers in the urbanization of new lands and in the renewal of existing deteriorating areas. (7) Open Space. Provision of more usable and suitably located open space, recreation areas and other common facilities that would not otherwise be required under conventional land development regulations. (8) Natural Features. Maximum enhancement and minimal disruption of existing natural features and amenities. (9) Future Land Use Plan. Comprehensive and innovative planning and design of mixed use yet harmonious developments consistent with the guiding policies of the Future Land Use Plan. (10) Special Features. Better utilization of sites characterized by special features of geographic location, topography, size or shape. (11) Recognized Zoning Consideration. Whether any other recognized zoning consideration would be violated in this PZD. (C) Rezoning. Property may be rezoned to the Planned Zoning District by the City Council in accordance with the requirements of this chapter and Chapter 154, Amendments. Page 53 of 57 (1) Each rezoning parcel shall be described as a separate district, with distinct boundaries and specific design and zoning standards. Each district shall be assigned a project number or label, along with the designation "PZD". The rezoning shall include the adoption of zoning standards and a specific master plan. (2) All uses identified within §162 Use Units of the Unified Development Code may be allowed as permissible uses or conditional uses, unless otherwise specified, subject to City Council approval of the Planned Zoning District request. (3) Residential Density. Residential densities shall be determined on the basis of the following considerations: (a) The densities of surrounding development; (b) The densities allowed under the current zoning; (c) The urban development goals and other policies of the city's Future Land Use Plan; (d) The topography and character of the natural environment; and (e) The impact of a given density on the specific site and adjacent properties. (4) Building Setback. There shall be no minimum building setback except as may be determined by the Planning Commission and City Council during review of the zoning plan based on the uses within the development and the proximity of the development to existing or prospective development on adjacent properties. Greater setbacks may be established by the Planning Commission or City Council when it is deemed necessary to provide adequate separation from adjacent properties. (5) Building Height. There shall be no maximum building height except as may be determined by the Planning Commission and City Council during the review of the zoning plan based on the uses within the development and the proximity of the development to existing or prospective development on adjacent properties. A lesser height may be established by the Planning Commission or City Council when it is deemed necessary to provide adequate light and air to adjacent property and to protect the visual quality of the community. (6) Building Area. The Planning Commission and City Council shall review specific proposed lot coverages which generally correspond to the guidelines for lot coverage in the respective residential, office, commercial or industrial district which most depicts said development scheme. 161.36 Urban Corridor (A) Purpose. The Urban Corridor District is designed to provide a mix of commercial uses and housing along corridors that provide multi-modal transportation options. The district encourages walkable commercial, residential, and mixed-use developments in urban form that enhance function, economic vitality, and appearance along major urban thoroughfares. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 10 Three- and Four-Family Dwellings Unit 13 Eating places Unit 14 Hotel, Motel, and Amusement Facilities Unit 16 Shopping Goods Unit 19 Commercial Recreation, Small Sites Page 54 of 57 Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi-family dwellings Unit 34 Liquor Stores Unit 40 Sidewalk Cafes Unit 41 Accessory Dwellings Unit 45 Small scale production Unit 46 Short-term rentals Note: Any combination of the above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre-approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 8 Single-Family Dwellings Unit 9 Two-Family Dwellings Unit 17 Transportation trades and services Unit 18 Gasoline Service Stations and Drive-Thru Restaurants Unit 20 Commercial Recreation, Large Sites Unit 21 Warehousing and Wholesale Unit 28 Center for Collecting Recyclable Materials Unit 29 Dance Halls Unit 32 Sexually Oriented Business Unit 35 Outdoor Music Establishments Unit 36 Wireless communication facilities Unit 38 Mini-Storage Units Unit 42 Clean Technologies Unit 43 Animal Boarding and Training Unit 44 Cluster Housing Development Unit 48 Private dormitories (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. None. (2) Lot Area Minimum. None. (E) Setback Regulations. Front A build-to zone that is located between the front property line and a line 30 feet from the front property line. Side and rear: None Side or rear, when contiguous to a single-family residential district: 15 feet (F) Minimum Buildable Street Frontage. 50% of lot width. Page 55 of 57 (G) Building Height Regulations. Building Height Maximum 8 stories 161.37 Urban Neighborhood (A) Purpose. The Urban Neighborhood District is designed to serve as a mixed use area of medium intensity and provide a transition into residential neighborhoods from more intense, mixed-use districts. Urban Neighborhood promotes a walkable, pedestrian-oriented neighborhood development form with a variety of housing options and complementary neighborhood businesses that are compatible in scale and use with surrounding land uses. For the purpose of Chapter 96: Noise Control the Urban Neighborhood district is a residential zone. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 12b General business Unit 13 Eating places Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi-family dwellings Unit 40 Sidewalk cafes Unit 41 Accessory dwelling units Unit 44 Cluster housing development Unit 46 Short-term rentals Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre-approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 5 Government facilities Unit 14 Hotel, motel and amusement services Unit 15 Neighborhood shopping goods Unit 36 Wireless communication facilities Unit 45 Small scale production Unit 48 Private dormitories (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. Page 56 of 57 All dwellings 12 feet All other uses None (2) Lot Area Minimum. None. (E) Setback Regulations. Front A build-to zone that is located between the front property line and a line 25 feet from the front property line. Side None Rear 5 feet Rear, from center line of an alley 12 feet (F) Building Height Regulations. Building Height Maximum 3 stories (G) Minimum Buildable Street Frontage. 50% of the lot width. 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% of the zoned area shall be left undeveloped as green space. (2) No more than 10% 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. Created: 2025-09-23 12:24:18 [EST] (Supp. No. 38) Page 57 of 57 (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 5% of the zoned 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 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. 161.39—161.99 Reserved Page 1 of 2 EXHIBIT E 162.01 Establishment/Listing The various use units referred to in the zoning district provisions are herein listed in numerical order. Within the use units, the permitted uses are ordinarily listed in alphabetical order. In these use units where there is a preliminary descriptive statement (which may mention specific uses) in addition to the detailed list of uses, the detailed list shall govern. Unit 1 City-wide uses by right Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 6 Agriculture Unit 7 Animal husbandry Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 11 Manufactured home park Unit 12a Limited business Unit 12b General business Unit 13 Eating places Unit 14 Hotel, motel and amusement facilities Unit 15 Neighborhood shopping goods Unit 16 Shopping goods Unit 17 Transportation Trades and services Unit 18 Gasoline service stations and drive-in/drive-through restaurants Unit 19 Commercial recreation, small sites Unit 20 Commercial recreation, large sites Unit 21 Warehousing and wholesale Unit 22 Manufacturing Unit 23 Heavy industrial Unit 24 Home occupation Unit 25 Offices, studios, and related services Unit 26 Multi-family dwellings Unit 27 Wholesale bulk petroleum storage facilities with underground storage tanks Unit 28 Center for collecting recyclable materials Unit 29 Dance halls Unit 30 Extractive uses Unit 31 Facilities emitting odors & facilities handling explosives Unit 32 Sexually oriented business Unit 33 Adult live entertainment club or bar Unit 34 Liquor stores Unit 35 Outdoor music establishments Unit 36 Wireless communications facilities Unit 37 Manufactured homes Unit 38 Mini-storage units Page 2 of 2 Unit 39 Auto salvage and junk yards Unit 40 Sidewalk Cafes Unit 41 Accessory dwellings Unit 42 Clean technologies Unit 43 Animal boarding and training Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rentals Unit 47 Data centers Unit 48 Private dormitories (O) Unit 14.Hotel, Motel, and Amusement Facilities. (1) Description. Unit 14 consists of hotels, motels, and certain types of amusement facilities. (2) Included Uses. Hotel Membership lodge Motel Motion picture theater Night club, not providing dancing or outdoor music Tavern, not providing dancing or outdoor music Use Unit 46, Short-term rental is also permitted within Use Unit 14 (UU) Unit 46. Short-term rental. (1) Description. Unit 46 is provided to allow a permanent residential dwelling unit, portion of a residential dwelling unit, or bedroom within a residential dwelling unit, to be leased and/or rented to a guest(s) for a period of less than thirty (30) consecutive days. (2) Included Uses. Short-term rentals EXHIBIT F 163.18 Type 2 Short-Term Rentals in Residential Zoning Districts (A) Residential Zoning Districts. Type 2 short-term rentals may be permitted as a conditional use in the following residential zoning districts: (1) R-A (2) RSF-.5 (3) RSF-1 (4) RSF-2 (5) RSF-4 (6) RSF-7 (7) RSF-8 (8) RSF-18 (9) RI-12 (10) RI-U (11) RMF-6 (12) RMF-12 (13) RMF-18 (14) RMF-24 (15) RMF-40 (16) NC Short-term rentals may be permitted by right or by conditional use in planned zoning districts subject to the zoning regulations enacted by the City Council for each district. Short-term rentals in non-residential zoning districts, mixed use zoning districts, or other zoning districts not listed above are not required to apply for a conditional use permit. (B) Occupancy. Maximum of two (2) people per bedroom, when operated as a Short-term Rental. (C) Parking. Parking is limited to the maximum number of vehicles as allowed by the underlying zoning district for the residential building on the property. (D) Special events are not permitted in a short-term rental. Example of special events include, but are not limited to, weddings, receptions, anniversaries, private parties, fundraisers and business seminars. (E) Short-term rental units are allowed in any structure established as a permanent residential dwelling including an accessory dwelling unit. No recreational vehicle, trailer, other vehicle or structure not classified as a permanent residential dwelling may be used as a short-term rental. (F) Exceptions. Exceptions to the short-term rental standards, except proposals that would exceed the city-wide density maximum, may be granted by the Planning Commission as a conditional use permit. (G) Short-term rentals must comply with all applicable codes under City Code §118.01 and successfully obtain a business license prior to operation. (H) Short-term rentals in residential zoning districts may be subject to denial or additional conditions based upon the Planning Commission's findings on the following factors: (1) Adequate parking infrastructure; (2) Adequate adjoining or nearby streets for on-street parking; (3) Frequency or concentration of nearby licensed Type 2 short-term rentals; (4) Prior zoning or code violations; (5) Proximity to public or private K-12 schools when the proposed property is within 1,000 feet of the school boundary line; (6) Compatibility with nearby residential neighborhood; (7) All standards, requirements, and considerations of § 118.01 (E) Short-term Rentals and §163.02 Authority; Conditions, Procedures. EXHIBIT G §164.26 Type 1 Short-Term Rentals Citywide and Type 2 Short-Term Rentals in Non- Residential and Mixed Use Zoning Districts (A) Commercial and Mixed Use Zoning Districts. Type 2 short-term rentals may be permitted in all zoning districts where hotel/motel uses are permitted by right and shall not count towards the Type 2 short-term rental density cap in these districts except in multi-family buildings as specified in Chapter 118 of the Fayetteville City Code. Type 2 short-term rentals in all other non-residential and mixed-use zoning districts may be permitted but shall count towards the Type 2 short-term rental density cap. Short term rentals may be permitted by right or by conditional use in planned zoning districts subject to the zoning regulations enacted by the City Council for each district. (B) Occupancy. Maximum of two (2) people per bedroom, when operated as a Short-term Rental. (C) Parking. Parking is limited to the maximum number of vehicles as allowed by the underlying zoning district for the residential building on the property. (D) Special events are not permitted in a short-term rental. Example of special events include, but are not limited to, weddings, receptions, anniversaries, private parties, fundraisers and business seminars. (E) Short-term rental units are allowed in any structure established as a permanent dwelling including an accessory dwelling unit. No recreational vehicle, trailer, other vehicle or structure not classified as a permanent dwelling may be used as a short-term rental. (F) Exceptions. Exceptions to the short-term rental standards, except proposals that would exceed the city-wide density maximum, may be granted by the Planning Commission as a conditional use permit. (G) Short-term rentals must comply with all applicable codes under City Code §118.01 and successfully obtain a business license prior to operation. EXHIBIT H The City Council of the City of Fayetteville, Arkansas hereby prohibits any Short-term Rental owner, manager, employee, or agent from creating, authorizing, permitting, or executing any new reservations, leases, contracts, or any advertising contrary to the two person per bedroom occupancy limitation after the effective date of this ordinance. To protect any valid and enforceable pre-existing contractual rights of Short-term Rental owners or managers, all legally authorized and valid Short-term Rental leases or contracts entered into and fully enforceable by both parties prior to the effective date of this ordinance for a rental period after the effective date of this ordinance but prior to June 1, 2026 shall be allowed to honor and enforce these valid pre-existing leases or contracts timely entered into by both the landlord and tenants. Proof of the pre-existing contract or lease shall be provided to the city upon the request of the Development Services Director. An owner or manager of a legally authorized Short-term Rental may petition the Development Services Director to allow use of a Short-term Rental lease compliant with the former occupancy limits if such lease was legally entered into and signed by both landlord and tenant prior to the effective date of this ordinance even for periods of time later than June 1, 2026. To do so, the owner or operator must furnish clear and convincing proof of such pre-existing, signed, valid and enforceable Short-term Rental contracts or leases for such later occupation dates from June 1, 2026 until January 1, 2027 to the Development Services Director. This proof must be sufficient and satisfactory to the Development Services Director and be provided in writing to the Development Services Director no later than March 1, 2026. The Development Services Director shall endeavor to protect all such signed, enforceable, valid pre-existing contractual rights of the owner or manager. Any alleged pre-existing Short-term Rental lease for a period of occupancy after January 1, 2027 may only be approved for such occupancy by City Council Resolution. The applicant must present clear and convincing evidence of a timely, fully signed, enforceable, and valid pre-existing Short-term Rental lease or contract during an applicant’s requested Due Process hearing before the City Council no later than June 16, 2026. The City Council has complete discretion whether or not to grant any relief. The applicant must file the written request for such Due Process hearing at the Fayetteville City Clerk’s Office no later than May 6, 2026. Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2025-2485 MEETING OF DECEMBER 16, 2025 TO:Mayor Rawn and City Council THRU: FROM:Scott Berna, City Council Member - Ward 3 Position 1 SUBJECT: Short-Term Rental Ordinance RECOMMENDATION: The Fayetteville Ordinance Review Committee recommends approval of the proposed ordinance to repeal Ordinances 6427, 6710, 6820, 6888, and 6936 and enact the replacement ordinance to legalize the operation of short-term rentals pursuant to reasonable regulations. BACKGROUND: On April 20, 2021, the City Council passed Ordinance 6427, which temporarily legalized short-term rentals if and when operated in conformity with the City of Fayetteville's regulations. Ordinance 6427 contained a Sunset Clause repealing and making void the regulations and legalization of short-term rentals twenty (20) months after passage unless extended by a subsequent Sunset Clause enacted prior to expiration. Five subsequent Ordinances extended the Sunset Clause while changes were considered and enacted to the temporary regulations. The current Sunset Clause extends until December 30, 2025. The Ordinance Review Committee, comprised of four City Council Members, has been active over the previous years in identifying and recommending changes to the Fayetteville short-term rental regulations. The Committee has met several times in the last year alone to consider amendments to the City of Fayetteville's short-term rental regulations. At its meeting on November 19, 2025, the Ordinance Review Committee unanimously voted to forward the Committee's proposed changes to the short-term rental regulations to the full City Council with recommendation of approval. DISCUSSION: Please see Jonathan Curth's Memorandum. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: 3. Jonathan Curth Memorandum, 4. Exhibit A - 118.01 Applicability, 5. Exhibit B - 118.05 Penalty Provision, 6. Exhibit C - Chapter 151 Definitions, 7. Exhibit D - Chapter 161 Zoning Regulations, 8. Exhibit E - 162.01 Establishment Listing , 9. Exhibit F - 163.18 Type 2 Short-Term Rentals in Residential Zoning Districts, 10. Exhibit G - 164.26 Type 1 Short-Term Rentals Citywide and Type 2 Short-Term Rentals in Non-Residential and Mixed Use Zoning Districts, 11. Exhibit H - STR , 12. Agenda Request Form (signed) Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2025-2485 AN ORDINANCE TO REPEAL ORDINANCES 6427, 6625, 6710, 6820, 6888, AND 6936 AND TO ENACT THIS REPLACEMENT ORDINANCE TO LEGALIZE THE OPERATION OF SHORT-TERM RENTALS PURSUANT TO REASONABLE REGULATIONS WHEREAS, short-term rentals had not been legal to operate in Fayetteville until the City Council passed Ordinance 6427 on April 20, 2021, which temporarily made short-term rentals legal if and when in conformity with the reasonable regulations; and WHEREAS, Ordinance 6427 contained a Sunset Clause repealing and making void such legalization and all regulation 20 months after its passage unless extended by subsequent ordinance prior to Sunset Clause’s activation date; and WHEREAS, Ordinance 6625 (December 6, 2022); Ordinance 6710 (November 21, 2023), Ordinance 6820 (December 4, 2024), Ordinance 6888 (June 17, 2025), and Ordinance 6936 (November 18, 2025) all extended the temporary legalization and regulations of short-term rentals by amending the Sunset Clause until December 30, 2025; and WHEREAS, the City Council has determined it should allow up to 475 Short-term rentals, Type 2 to operate within residentially zoned districts and other mixed-use/commercial zones in which hotels are not permitted as of right in Fayetteville, but also should require conditional use permits for these short- term rentals so that the Planning Commission can ensure compatibility with nearby residential neighborhoods and restrictions against high density and concentration of Short-term rentals which could damage neighborhood character and compatibility; and WHEREAS, our citizens’ peace, health, and safety require reasonable limitations on and regulations of Short-term rentals allowed in residential and mixed-use districts; and WHEREAS, the City Council has worked for over four years to clarify and improve the short-term rental definitions and regulations and now will enact this new ordinance permanently legalizing and regulating short-term rentals with no sunset clause. 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 repeals Ordinances 6427, 6625, 6710, 6820, 6888, and 6936 including their sunset clauses. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals §118.01 of the Ordinance: 6945 File Number: 2025-2485 Page 2 Fayetteville Code and enacts a replacement §118.01 Applicability as shown on Exhibit A incorporated herein and make a part hereof. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 118.05 City Service Termination of the Fayetteville Code and enacts a replacement § 118.05 as shown on Exhibit B incorporated herein and make a part hereof. Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends Chapter 151 Definitions by repealing and replacing the definitions of “Short-term rental,” “Short-term rental, Type 1” and “Short-term rental, Type 2” with the definitions shown on Exhibit C incorporated herein and made a part hereof, and re-enacting all the other original definitions as also shown in Exhibit C. Section 5: That the City Council of the City of Fayetteville, Arkansas hereby repeals all of Chapter 161, Zoning Regulations and enacts a replacement Chapter 161, Zoning Regulations as shown on Exhibit D incorporated herein and made a part hereof. Section 6: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 162.01 Establish/Listing’s table of use units through unit 46 Short-term rentals and subsections (O) Unit 14. Hotel, Motel and Amusement Facilities and (UU) Unit 46. Short-term Rental; and enacts a replacement § 162.01 Establish/Listing’s table of use units and replacements subsections (O) Unit 14. Hotel, Motel and Amusement Facilities and (UU) Unit 46. Short-term Rentals as shown on Exhibit E attached hereto and made a part hereof. Section 7: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 163.18 and enacts a replacement § 163.18 as shown on Exhibit F incorporated herein and made a part hereof. Section 8: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 164.26 and enacts a replacement § 164.26 as show on Exhibit G incorporated hereto and made a part hereof. Section 9: That the City Council of the City of Fayetteville, Arkansas hereby prohibits any owner or manager of a short-term rental from entering into or advertising any new short-term rental agreement or reservation contrary to the terms of these new regulations, but protects existing contractual rights and obligations of short-term rental owners/managers as shown on Exhibit H incorporated herein and made a part hereof. Section 10: That the City Council of the City of Fayetteville, Arkansas hereby determines that this ordinance should become effective without delay because allowing the City’s Short-term Rental regulations to expire through its Sunset Clause without enacting replacement Short-term Rental authorization and regulation code provisions will likely lead to unregulated and illegal operation of Short-term Rentals not subject to the City’s life safety standards and insurance requirements. Enacting the new Short-term Rental code will legalize and regulate the existing permitted and inspected Short- term Rentals necessary for the public peace as well as the health and safety of Fayetteville residents. Therefore, the City Council hereby declares an emergency exists such that this ordinance shall become effective immediately upon its passage and approval. CITY COUNCIL MEMO TO: Mayor & City Council Keith Macedo, Chief of Staff FROM: Jonathan Curth, Development Services Director DATE: November 20, 2025 SUBJECT: Short-term Rental Ordinance and Sunset Amendments Background At the September 23, 2025 Ordinance Review Committee meeting, staff, representatives of the Legal Department, and attending councilmembers reviewed and offered input on potential standards for facilitating compliance and reducing the concentration of Type 2 short-term rentals (STRs) in a given area. With consensus on these items reached (see summary below), the draft ordinance was forwarded to the City Attorney for review, where additional amendments were developed. With these additional proposals, the Committee found it appropriate to reconvene and consider the full extent of the ordinance. Due to the STR ordinance’s November 30, 2025 sunset clause approaching, wherein the standards would be automatically repealed, an item was brought to the City Council on November 18, 2025 extending the sunset to December 30, 2025. Discussion The attached, proposed ordinance amendments include five general categories, including: x Occupancy: The occupancy allowance for STRs is being brought more in-line with conventional housing o Where single- and multi-family housing in Fayetteville allow up to three and four unrelated individuals per unit respectively, STRs currently allow two per bedroom plus an additional two o Proposed Change: Remove the “additional two” allowance x Enforcement: Escalating penalties are proposed, including increasingly length service terminations o Current ordinance allows staff to terminate city services to a property that is operated as an unlicensed Type-2 short-term rental o Proposed Change: Service shut-off will occurs for one month after the initial violation and may increase to a six month period after multiple violations o Proposed Change: Three violations within a twelve-month period can remove the property from short-term rental licensing for two years Page 2 of 14 x Frequency/concentration: How and where Type 2 STRs are licensed is being standardized to reduce the number found in a given area. o Staff and the Planning Commission utilize a broad standard evaluating the “frequency or concentration of nearby licensed Type 2 short-term rentals” that is not specific or objective o Proposed Change: Prohibit Type 2 STRs within 100 feet of a property used as a Type 2 STR o Proposed Change: Limit the number of single-family units used as Type 2 STRs to 4% of the total single-family units within a 500-foot radius x Sunset: Several sections of ordinance are proposed for removal that reference a sunset x Legal: Multiple text edits are proposed addressing recent concerns from local, state, and national legal decisions Attachments: x Exhibits A-C & E-G CivicClerlc No.: 2025- AGENDA REQUEST FORM FOR: Council Meeting of December 2, 2025 FROM: Council Member/ Ordinance Review Committee Chair Scott Berna ORDINANCE OR RESOLUTION TITLE AND SUBJECT: AN ORDINANCE TO REPEAL ORDINANCES 6427, 6625, 6710, 6820, 6888, AND 6936 AND TO ENACT THIS REPLACEMENT ORDINANCE TO LEGALIZE THE OPERATION OF SHORT-TERM RENTALS PURSUANT TO REASONABLE REGULATIONS APPROVED FOR AGENDA: 40,9(0,rcA b -eroAt� Cou cil Member Scot Berna Kit Williams ,Avixbved asno form MayoY AT ly Rawn Acknowl daement %V J,Rnn�• ?,,e , 2-02c- Date Date Williams, Kit From: Berna, Scott Sent: Thursday, November 20, 2025 10:24 AM To: Williams, Kit Subject: Re: short-term rental ordinance Approved From: Williams, Kit <kwilliams@fayetteville-ar.gov> Sent: Thursday, November 20, 2025 10:13 AM To: Berna, Scott <scott.berna@fayetteville-ar.gov> Cc: Curth, Jonathan <jcurth@fayetteville-ar.gov>; Turk, Teresa <teresa.turk@fayetteville-ar.gov>; Wiederkehr, Mike <mike.wiederkehr@fayetteville-ar.gov>; D'Andre Jones <dre91732000@gmail.com>; Rawn, Molly <molly.rawn@fayetteville-ar.gov>; Paxton, Kara <kapaxton@fayetteville-ar.gov>; Hungate, Hannah <h h u ngate @fayettevi I le -a r.gov> Subject: short-term rental ordinance Scott, Please find attached the final version of the Short-term Rental Ordinance that the Ordinance Review Committee recommended for approval to the whole City Council yesterday afternoon. Once you either sign, scan and return the attached agenda request form to or merely approve by email, I can present this ordinance to the Mayor and with Kara's help enter it into Civic Clerk which could possibly even make it onto the Tentative Agenda. If that is not possible, you will be able to present it at the Agenda Session next week. Let me express my thanks for all the hard work and careful consideration of your committee as well as Jonathan to achieve these well balanced, fair and efficient regulations for Short-term Rental operations in Fayetteville. Kit Williams Fayetteville City Attorney 479-575-8313 ORDINANCE NO. AN ORDINANCE TO REPEAL ORDINANCES 6427, 6625, 6710, 6820, 6888, AND 6936 AND TO ENACT THIS REPLACEMENT ORDINANCE TO LEGALIZE THE OPERATION OF SHORT-TERM RENTALS PURSUANT TO REASONABLE REGULATIONS WHEREAS, short-term rentals had not been legal to operate in Fayetteville until the City Council passed Ordinance 6427 on April 20, 2021, which temporarily made short-term rentals legal if and when in conformity with the reasonable regulations; and WHEREAS, Ordinance 6427 contained a Sunset Clause repealing and making void such legalization and all regulation 20 months after its passage unless extended by subsequent ordinance prior to Sunset Clause's activation date; and WHEREAS, Ordinance 6625 (December 6, 2022); Ordinance 6710 (November 21, 2023), Ordinance 6820 (December 4, 2024), Ordinance 6888 (June 17, 2025), and Ordinance 6936 (November 18, 2025) all extended the temporary legalization and regulations of short-term rentals by amending the Sunset Clause until December 30, 2025; and WHEREAS, the City Council has determined it should allow up to 475 Short-term rentals, Type 2 to operate within residentially zoned districts and other mixed-use/commercial zones in which hotels are not permitted as of right in Fayetteville, but also should require conditional use permits for these short-term rentals so that the Planning Commission can ensure compatibility with nearby residential neighborhoods and restrictions against high density and concentration of Short-term rentals which could damage neighborhood character and compatibility; and WHEREAS, our citizens' peace, health, and safety require reasonable limitations on and regulations of Short-term rentals allowed in residential and mixed -use districts; and WHEREAS, the City Council has worked for over four years to clarify and improve the short- term rental definitions and regulations and now will enact this new ordinance permanently legalizing and regulating short-term rentals with no sunset clause. 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 repeals Ordinances 6427, 6625, 6710, 6820, 6888, and 6936 including their sunset clauses. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 118.01 of the Fayetteville Code and enacts a replacement § 118.01 Applicability as shown on Exhibit A incorporated herein and make a part hereof. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 118.05 City Service Termination of the Fayetteville Code and enacts a replacement § 118.05 as shown on Exhibit B incorporated herein and make a part hereof. Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends Chapter 151 Definitions by repealing and replacing the definitions of "Short-term rental," "Short-term rental, Type 1" and "Short-term rental, Type 2" with the definitions shown on Exhibit C incorporated herein and made a part hereof, and re-enacting all the other original definitions as also shown in Exhibit C. Section 5: That the City Council of the City of Fayetteville, Arkansas hereby repeals all of Chapter 161, Zoning Regulations and enacts a replacement Chapter 161, Zoning Regulations as shown on Exhibit D incorporated herein and made a part hereof. Section 6: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 162.01 Establish/Listing's table of use units through unit 46 Short-term rentals and subsections (0) Unit 14. Hotel, Motel and Amusement Facilities and (UU) Unit 46. Short-term Rental; and enacts a replacement § 162.01 Establish/Listing's table of use units and replacements subsections (0) Unit 14. Hotel, Motel and Amusement Facilities and (UU) Unit 46. Short-term Rentals as shown on Exhibit E attached hereto and made a part hereof. Section 7: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 163.18 and enacts a replacement § 163.18 as shown on Exhibit F incorporated herein and made a part hereof. Section 8: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 164.26 and enacts a replacement § 164.26 as show on Exhibit G incorporated hereto and made a part hereof. Section 9: That the City Council of the City of Fayetteville, Arkansas hereby prohibits any owner or manager of a short-term rental from entering into or advertising any new short-term rental agreement or reservation contrary to the terms of these new regulations, but protects existing contractual rights and obligations of short-term rental owners/managers as shown on Exhibit H incorporated herein and made a part hereof. Section 10: That the City Council of the City of Fayetteville, Arkansas hereby determines that this ordinance should become effective without delay because allowing the City's Short-term Rental regulations to expire through its Sunset Clause without enacting replacement Short-term Rental authorization and regulation code provisions will likely lead to unregulated and illegal operation of Short-term Rentals not subject to the City's life safety standards and insurance requirements. Enacting the new Short-term Rental code will legalize and regulate the existing permitted and inspected Short-term Rentals necessary for the public peace as well as the health and safety of Fayetteville residents. Therefore, the City Council hereby declares an emergency exists such that this ordinance shall become effective immediately upon its passage and approval. 12/26/2025 Ordinance: 6945 File Number: 2025-2485 AN ORDINANCE TO REPEAL ORDINANCES 6427,6625,6710, 6820, 6888, AND 6936 AND TO ENACT THIS REPLACEMENT OR- DINANCE TO LEGALIZE THE OP- ERATION OF SHORT-TERM RENTALS PURSUANT TO REA- SONABLE REGULATIONS WHEREAS, short-term rentals had not been legal to operate in Fayetteville until the City Council passed Ordinance 6427 on April 20, 2021, which temporarily made short-term rentals legal if and when in conformity with the reasonable regulations; and WHEREAS, Ordinance 6427 contained a Sunset Clause re- pealing and making void such legalization and all regulation 20 months after its passage un- less extended by subsequent ordinance prior to Sunset Clause's activation date; and WHEREAS, Ordinance 6625 (December 6, 2022); Ordinance 6710 (November 21, 2023), Or- dinance 6820 (December 4, 2024), Ordinance 6888 (June 17, 2025), and Ordinance 6936 (November 18, 2025) all ex- tended the temporary legaliza- tion and regulations of short-term rentals by amending the Sunset Clause until Decem- ber 30, 2025; and WHEREAS, the City Council has determined it should allow up to 475 Short-term rentals, Type 2 to operate within resi- dentially zoned districts and other mixed-use/commercial zones in which hotels are not permitted as of right in Fayet- teville, but also should require conditional use permits for these short-term rentals so that the Planning Commission can ensure compatibility with nearby residential neighbor- hoods and restrictions against high density and concentration of Short-term rentals which could damage neighborhood character and compatibility; and WHEREAS, our citizens' peace, health, and safety re- quire reasonable limitations on and regulations of Short-term rentals allowed in residential and mixed -use districts; and WHEREAS, the City Council has worked for over four years to clarify and improve the short- term rental definitions and reg- ulations and now will enact this new ordinance permanently le- galizing and regulating short- term rentals with no sunset clause. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayet- teville, Arkansas hereby repeals Ordinances 6427, 6625,6710, 6820,6888,and 6936 including their sunset clauses. Section 2: That the City Council of the City of Fayet- teville, Arkansas hereby repeals §118.01 of the Fayetteville Code and enacts a replacement §118.01 Applicability as shown on Exhibit incorporated herein and make a part hereof. Section 3: That the City Council of the City of Fayet- teville, Arkansas hereby repeals § 118.05 City Service Termina- tion of the Fayetteville Code and enacts a replacement § 118.05 as shown on Exhibit B incorpo- rated herein and make a part hereof. Section 4: That the City Coun- cil of the City of Fayetteville, Arkansas hereby amends Chap- ter 151 Definitions by repealing and replacing the definitions of "Short-term rental,' "Short- term rental, Type 1" and "Short- term rental, Type 2" with the definitions shown on Exhibit C incorporated herein and made a part hereof, and re-enacting all the other original definitions as also shown in Exhibit C. Section 5:That the City Coun- cil of the City of Fayetteville, Arkansas hereby repeals all of Chapter 161, Zoning Regula- tions and enacts a replacement Chapter 161, Zoning Regula- tions as shown on Exhibit D in- corporated herein and made a part hereof. Section 6:Thatthe City Coun- cil of the City of Fayetteville, Arkansas hereby repeals § 162.01 Establish/Listing'stable of use units through unit 46 Short-term rentals and subsec- tions (0) Unit 14. Hotel, Motel and Amusement Facilities and (UU) Unit 46. Short-term Rental; and enacts a replacement § 162.01 Establish/Listing's table of use units and replacements subsections (0) Unit 14. Hotel, Motel and Amusement Facilities and (UU) Unit 46. Short-term Rentals as shown on Exhibit E attached hereto and made a part hereof. Section 7:Thatthe City Coun- cil of the City of Fayetteville, Arkansas hereby repeals § 163.18 and enacts a replace- ment § 163.18 as shown on Ex- hibit F incorporated herein and made a part hereof. Section 8:That the City Coun- cil of the City of Fayetteville, Arkansas hereby repeals § 164.26 and enacts a replace- ment § 164.26 as show on Ex- hibit G incorporated hereto and made a part hereof. Section 9:That the City Coun- cil of the City of Fayetteville, Arkansas hereby prohibits any owner or manager of a short- term rental from entering Into or advertising any new short-term rental agreement or reservation contrary to the terms of these new regulations, but protects existing contractual rights and obligations of short-term rental owners/managers as shown on Exhibit H incorporated herein and made a part hereof. Section 10: That the City Council of the City of Fayet- teville, Arkansas hereby deter- mines that this ordinance should become effective with- out delay because allowing the City's Short-term Rental regula- tions to expire through its Sun- set Clause without enacting replacement Short-term Rental authorization and regulation code provisions will likely lead to unregulated and illegal oper- ation of Short-term Rentals not subject to the City's life safety standards and insurance re- quirements. Enacting the new Short-term Rental code will le- galize and regulate the existing permitted and inspected Short- term Rentals necessary for the public peace as well as the health and safety of Fayetteville residents. Therefore, the City Council hereby declares an emergency exists such that this ordinance shall become effec- tive immediately upon its pas- sage and approval. PASSED and APPROVED on December 16, 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: $404.32 December21,2025 563755