HomeMy WebLinkAboutOrdinance 6965Page 1
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6965
File Number: 2025-2752
AN ORDINANCE TO REPEAL REGULATIONS ON DEVELOPMENT IN THE CITY’S PLANNING AREA
PURSUANT TO ACT 314 OF 2025 BY AMENDING VARIOUS SECTIONS OF THE UNIFIED
DEVELOPMENT CODE
WHEREAS, Act 314 of 2025 repealed the authority of the City to regulate development outside the City’s corporate
limits; and
WHEREAS, various sections of the Unified Development Code should be amended to comply with the Act.
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 § 150.04 Jurisdiction of the
Unified Development Code and enacts a replacement as follows:
Ҥ 150.04 Jurisdiction
The city’s planning jurisdiction is the area within the corporate boundaries. The city’s planning jurisdiction does not
extend to properties held by federal, state, or county entities.”
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 151.01 Definitions by striking
“planning area” from the definition of “Plan, Master Street”, and by repealing the definitions of “Rural street” and
“Suburban.”
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends § 153.08 Miscellaneous
Remedies by striking “planning area” from subsection (D)(1).
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends § 161.35 Planned Zoning
District by replacing “within the City’s designated planning area” with “outside the city limits” in subsection (A)(1).
Section 5: That the City Council of the City of Fayetteville, Arkansas hereby amends § 166.01 Development
Categories by striking “, or in the city’s planning area boundary” from subsection (C)(4).
Section 6: That the City Council of the City of Fayetteville, Arkansas hereby amends § 166.04 Required
Infrastructure Improvements – Development in City Limits by repealing subsection (A)(2) and enacting a
replacement as follows:
“(2) Standards Applicable. Any required on or off-site improvements in the city shall be installed according to the
city’s standards. The developer shall be required to bear that portion of the cost of off-site improvements which bears a
Ordinance: 6965
File Number: 2025-2752
Page 2
rational nexus to the needs created by the development.”
Section 6: That the City Council of the City of Fayetteville, Arkansas hereby amends § 166.04 Required
Infrastructure Improvements – Development in City Limits by striking “provided, that portion of the cost of off site
improvements to roads located outside the city’s corporate limits but within the city’s planning area shall be determined
by the county” in subsection (A)(4).
Section 7: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 166.05 Required
Infrastructure Improvements and Subdivision Regulations – Development in Planning Area
PASSED and APPROVED on January 20, 2026
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: $226.48
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2025-2752
MEETING OF JANUARY 20, 2026
TO: Mayor Rawn and City Council
THROUGH: Keith Macedo, Chief of Staff
Jonathan Curth, Development Services Director
FROM: Jessica Masters, Planning Director
SUBJECT: ADM-2025-0051: Administrative Item (Amend UDC Chapters 150.04, 151.01, 153.08,
161.35, 166.01, 166.04, 166.05): Submitted by CITY OF FAYETTEVILLE STAFF. The
request is an amendment to multiple portions of the Unified Development Code. The
proposed code changes remove reference to the “Fayetteville Planning Area” or
“Extraterritorial Jurisdiction” in response to a change in Arkansas State Law.
RECOMMENDATION:
City staff recommend approval of the attached code changes to align with requirements as outlined by
Arkansas State Law.
BACKGROUND:
In 2025, the Arkansas State Legislature brought forward a House Bill 1510 which proposed the abolishment of
municipal land use authority beyond city limits. The Bill was signed into law and became Act 314 in March
2025 (see attached), and subsequently went into effect on August 5, 2025. Following enactment, staff ceased
enforcement of existing ordinances related to the Planning Area in advance of an amendment to the Unified
Development Code (UDC).
DISCUSSION:
Commonly referred to as the "Fayetteville Planning Area," unincorporated land outside of the City's limits but
within a 2-mile radius of the City's boundary was regulated similarly to land within the City's limits with regards
to subdivision regulations. Since the City no longer has any regulatory authority in this area, these code
changes are required to bring the UDC into compliance with State Law.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: 3. Staff Review Form, 4. ACT 314, 5. Planning Area in Code - Proposed, 6. Planning Area in
Code - Strikethrough
Page 1
City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2025-2752
AN ORDINANCE TO REPEAL REGULATIONS ON DEVELOPMENT IN THE CITY’S
PLANNING AREA PURSUANT TO ACT 314 OF 2025 BY AMENDING VARIOUS SECTIONS
OF THE UNIFIED DEVELOPMENT CODE
WHEREAS, Act 314 of 2025 repealed the authority of the City to regulate development outside the
City’s corporate limits; and
WHEREAS, various sections of the Unified Development Code should be amended to comply with the
Act.
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 §
150.04 Jurisdiction of the Unified Development Code and enacts a replacement as follows:
Ҥ 150.04 Jurisdiction
The city’s planning jurisdiction is the area within the corporate boundaries. The city’s planning
jurisdiction does not extend to properties held by federal, state, or county entities.”
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends §
151.01 Definitions by striking “planning area” from the definition of “Plan, Master Street”, and by
repealing the definitions of “Rural street” and “Suburban.”
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends §
153.08 Miscellaneous Remedies by striking “planning area” from subsection (D)(1).
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends § 161.35 Planned
Zoning District by replacing “within the City’s designated planning area” with “outside the city limits”
in subsection (A)(1).
Section 5: That the City Council of the City of Fayetteville, Arkansas hereby amends §
166.01 Development Categories by striking “, or in the city’s planning area boundary” from subsection
(C)(4).
Section 6: That the City Council of the City of Fayetteville, Arkansas hereby amends §
166.04 Required Infrastructure Improvements – Development in City Limits by repealing
Ordinance: 6965
File Number: 2025-2752
Page 2
subsection (A)(2) and enacting a replacement as follows:
“(2) Standards Applicable. Any required on or off-site improvements in the city shall be installed
according to the city’s standards. The developer shall be required to bear that portion of the cost of off-
site improvements which bears a rational nexus to the needs created by the development.”
Section 6: That the City Council of the City of Fayetteville, Arkansas hereby amends §
166.04 Required Infrastructure Improvements – Development in City Limits by striking “provided,
that portion of the cost of off site improvements to roads located outside the city’s corporate limits but
within the city’s planning area shall be determined by the county” in subsection (A)(4).
Section 7: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 166.05 Required
Infrastructure Improvements and Subdivision Regulations – Development in Planning Area
Comments:
Purchase Order Number:
Change Order Number:
Previous Ordinance or Resolution #
Approval Date:
Original Contract Number:
Project Number
Budget Impact:
FundAccount Number
Project Title
City of Fayetteville Staff Review Form
2025-2752
Item ID
1/20/2026
City Council Meeting Date - Agenda Item Only
ADM-2025-0051: Administrative Item (Amend UDC Chapters 150.04, 153.08, 151.01, 161.35, 166.01, 166.04,
166.05): Submitted by CITY OF FAYETTEVILLE STAFF. The request is an amendment to multiple portions of the
Unified Development Code. The proposed code changes would remove reference to the “Fayetteville Planning
Area” or “Extraterritorial Jurisdiction” in response to a change in Arkansas State Law.
N/A for Non-Agenda Item
Action Recommendation:
Submitted By
Jonathan Curth DEVELOPMENT REVIEW (630)
Division / Department
12/30/2025
Submitted Date
No
-$
-$
V20221130
Budgeted Item?
Does item have a direct cost?
Is a Budget Adjustment attached?
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
-$
-$
No
No -$
-$
Stricken language would be deleted from and underlined language would be added to present law.
Act 314 of the Regular Session
*SSS123*02/17/2025 3:35:42 PM SSS123
State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1510 3
4
By: Representative Gonzales 5
By: Senator G. Stubblefield6
7
For An Act To Be Entitled 8
AN ACT TO AMEND THE LAW CONCERNING TERRITORIAL 9
JURISDICTION OF MUNICIPALITIES; TO REPEAL THE 10
AUTHORITY FOR A MUNICIPALITY TO EXERCISE TERRITORIAL 11
JURISDICTION OVER AN UNINCORPORATED AREA OF A COUNTY; 12
AND FOR OTHER PURPOSES. 13
14
15
Subtitle 16
TO REPEAL THE AUTHORITY FOR A 17
MUNICIPALITY TO EXERCISE TERRITORIAL 18
JURISDICTION OVER AN UNINCORPORATED AREA 19
OF A COUNTY. 20
21
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 22
23
SECTION 1. Arkansas Code § 14-17-208(i), concerning subdivision, 24
setback, and entry control ordinances for county planning boards, is 25
repealed. 26
(i) In unincorporated areas adjoining the corporate limits of a27
municipality in which the authority to control the subdivision of land is 28
vested and is being exercised in accordance with and under the provisions of 29
§§ 14-56-401 — 14-56-408 and 14-56-410 — 14-56-425, or any amendments thereto30
or thereof, or other acts of a similar nature enacted by the General31
Assembly, the municipal authority shall have subdivision jurisdiction, but32
shall transmit copies of proposed plats for the areas to the county planning33
board and the board of directors of each affected school district for review34
and comment, which shall be made to the municipal authority within sixty (60)35
days from the time it is received by the county planning board and the board36
HB1510
2 02/17/2025 3:35:42 PM SSS123
of directors of each affected school district unless further time is allowed 1
by the municipal authority. 2
3
SECTION 2. Arkansas Code § 14-17-208(l)(1), concerning subdivision, 4
setback, and entry control ordinances for county planning boards, is amended 5
to read as follows: 6
(l)(1) Following the adoption of any subdivision, setback, or entry 7
control ordinances by the court, a plat in an unincorporated area of a county 8
not within the exercised extraterritorial jurisdiction of a municipality 9
shall not be presented for recording without the approval of the county 10
planning board. 11
12
SECTION 3. Arkansas Code § 14-38-101(b)(1)(B), concerning limitations 13
on a petition for incorporation, is repealed. 14
(B) The area in which that existing municipal corporation15
is exercising its planning territorial jurisdiction. 16
17
SECTION 4. Arkansas Code § 14-40-208 is repealed. 18
14-40-208. Annexation of territory under municipal territorial19
jurisdiction. 20
(a) If a municipality states its intent by resolution or ordinance to21
annex a specifically defined territory or portion of the territory over which 22
it is exercising territorial jurisdiction under § 14-56-413, the municipality 23
shall initiate annexation proceedings within five (5) years of the stated 24
intent. 25
(b)(1) During the five (5) years under subsection (a) of this section, 26
the municipality may continue to exercise its territorial jurisdiction under 27
§ 14-56-413, including the defined territory specified within its intent to28
annex.29
(2) If the municipality does not initiate annexation proceedings30
of the territory specified within its intent to annex within five (5) years 31
of the effective date of the resolution or ordinance under subsection (a) of 32
this section, the municipality is prohibited from again exercising 33
territorial jurisdiction over the territory specified within its intent to 34
annex for the next five (5) years. 35
36
HB1510
3 02/17/2025 3:35:42 PM SSS123
SECTION 5. Arkansas Code § 14-56-413 is repealed. 1
14-56-413. Territorial jurisdiction.2
(a)(1)(A) The territorial jurisdiction of the governing body of a3
municipality for the purpose of this subchapter shall not exceed the limits 4
stated under this subsection. 5
(B) If the territorial limits of two (2) or more6
municipalities conflict, the limits of their respective territorial 7
jurisdictions shall be a line equidistant between them, or as agreed on by 8
the respective municipalities. 9
(2) In addition to the powers under this subchapter, cities now10
having eight thousand (8,000) population or more shall have the authority to 11
administer and enforce planning ordinances outside their corporate limits as 12
follows: 13
(A) For cities of eight thousand (8,000) to sixty thousand14
(60,000) population, the jurisdictional area will be one (1) mile beyond the 15
corporate limits; 16
(B) For cities of sixty thousand (60,000) to one hundred17
fifty thousand (150,000) population, the jurisdictional area will be two (2) 18
miles beyond the corporate limits; and 19
(C)(i) For cities of one hundred fifty thousand (150,000) 20
population and greater, the jurisdictional area will be three (3) miles 21
beyond the corporate limits. 22
(ii) Upon July 3, 1989, no city with a population in23
excess of one hundred fifty thousand (150,000) persons shall exercise any 24
zoning authority outside the boundaries of the county wherein it is located 25
without the approval of the quorum court of the county wherein the city is 26
not located and the approval of the governing bodies of all other cities 27
having zoning authority over the area. 28
(3) Cities having a population of eight thousand (8,000) persons29
or less: 30
(A) Shall have a jurisdictional area that does not exceed31
one (1) mile beyond the corporate limits; and 32
(B) Shall not exercise any zoning authority outside the33
corporate limits. 34
(4) Cities now having an eight thousand (8,000) population or35
more and situated on a navigable stream may administer and enforce zoning 36
HB1510
4 02/17/2025 3:35:42 PM SSS123
ordinances outside their corporate limits but may not exceed the territorial 1
limits under subdivision (a)(2) of this section. 2
(5) The city populations will be based on the most recent3
federal decennial census. 4
(b)(1) The planning commission shall designate the area within the 5
territorial jurisdiction for which it will prepare plans, ordinances, and 6
regulations. 7
(2) A description of the boundaries of the area shall be filed8
with the city clerk and with the county recorder. 9
10
SECTION 6. Arkansas Code § 14-56-417(c), concerning the regulations to 11
control development of land, is repealed. 12
(c) A plat within the area within which the municipality intends to13
exercise its territorial jurisdiction as indicated on the planning area map 14
shall not be presented for recording without the approval of the planning 15
commission, if a planning commission exists. 16
17
SECTION 7. Arkansas Code § 14-56-422(5)(B), concerning adoption of 18
plans, ordinances, and regulations for municipal planning, is repealed. 19
(B) The city clerk shall file the plans, ordinances, and20
regulations as pertain to the territory beyond the corporate limits with the 21
county recorder of the counties in which territorial jurisdiction is being 22
exercised. 23
24
SECTION 8. Arkansas Code § 14-284-207(a), concerning a quorum court's 25
establishment of a fire protection district service area, is amended to read 26
as follows: 27
(a)(1) The quorum court of each county in which a fire protection 28
district is located shall establish the service area of the fire protection 29
district. 30
(2) The service area of a fire protection district created after31
January 1, 2021, shall not include any area within the territorial 32
jurisdiction of the governing body of a municipality as established in § 14-33
56-413 that has adopted an ordinance to provide fire protection services to34
the area in accordance with § 14-53-102, unless waived by majority vote of35
the governing body of the municipality.36
HB1510
5 02/17/2025 3:35:42 PM SSS123
1
SECTION 9. Arkansas Code § 17-28-305(b)(3), concerning the local 2
regulatory authority of the licensing of electricians, is repealed. 3
(3) If the city has adopted an ordinance to exercise its4
territorial planning jurisdiction, the city may exercise jurisdiction over 5
the construction, installation, and inspection of electrical work within the 6
city's territorial planning jurisdiction under § 14-56-413 if the city and 7
county agree to the exercise of jurisdiction by the city over electrical work 8
within the city's territorial planning jurisdiction. 9
10
SECTION 10. Arkansas Code § 18-15-1702(6), concerning definitions for 11
the Private Property Protection Act, is repealed. 12
(6) “Territorial jurisdiction” means the territorial jurisdiction13
of a municipality as described in § 14-56-413. 14
15
SECTION 11. Arkansas Code § 18-15-1703(e)(15), concerning the 16
application of takings under the Private Property Protection Act, is 17
repealed. 18
(15) An action by a municipality unless the regulatory program19
has effect in the territorial jurisdiction of the municipality, excluding 20
annexation, and that enacts or enforces a regulatory program that does not 21
impose identical requirements or restrictions in the entire territorial 22
jurisdiction of the municipality. 23
24
25
APPROVED: 3/18/25 26
27
28
29
30
31
32
33
34
35
36
Created: 2025-12-04 14:22:10 [EST]
(Supp. No. 39)
Page 1 of 2
150.04 Jurisdiction
The city's planning jurisdiction is the area within the corporate boundarie s. The city's planning jurisdiction does not
extend to properties held by federal, state, or county entities.
151.01 Definitions
…
Plan, Master Street (development). A part of the Comprehensive Land Use Plan made and adopted by the Planning
Commission and adopted by the City Council that classifying certain streets within the jurisdiction as arterial or
collector streets, consisting of a map and text.
…
153.08 Miscellaneous Remedies
…
(D) Subdivision Regulations. In order to carry out the purposes of these regulations and to assure an orderly
program of development after the effective date of these regulations:
(1) Plat Not Accepted for Filing. No plat of any tract of land within the jurisdiction of the Planning
Commission shall be accepted by the County Recorder for filing unless the plat has been approved by
the Planning Commission.
…
161.35 Planned Zoning District
(A) Applicability. To be considered for a Planned Zoning District, the applicant shal l 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 outside of the city limits
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.
…
166.01 Development Categories
…
(C) Site Plan.
…
(4) Concept Plan. When a developer intends to develop or redevelop greater than 6,000 square feet and
less than 10,000 square feet of total impervious area within the city limits, they shall submit a concept
Created: 2025-12-04 14:22:14 [EST]
(Supp. No. 39)
Page 2 of 2
plan to obtain feedback and recommendations from city staff prior to su bmitting a fully engineered
development plan for review. Developments below or above this threshold may submit a concept plan
to obtain feedback and recommendations prior to submitting a fully engineered developmen t plan for
review.
…
166.04 Required Infrastructure Improvements — Development In City Limits
(A)Generally. Required of developer.
…
(2)Standards Applicable. Any required on or off-site improvements in the city shall be installed according
to the city's standards.The developer shall be required to bear that portion of the cost of off-site
improvements which bears a rational nexus to the needs created by the development.
…
(4)Planning Commission and Planning Division. At the time the Planning Commission or Planning Division
(where applicable for administrative approval) grants development approval, the Planning Commission
or Planning Division shall determine whether the proposed development creates a need for off-site
improvements and the portion of the cost of any needed off-site improvements which the developer
shall be required to bear. In determining that portion of the cost of off-site improvements which the
developer shall be required to bear, the Planning Commission or Planning Division (where applicable
for administrative approval) shall consider the acreage within the proposed development as a
percentage of all the acreage which, when fully developed, will benefit from the off -site improvements;
provided, the Planning Commission or Planning Division may use a different method of measurement if
it determines that use of the acreage standard will not result in the developer bearing that portion of
the cost which bears a rational nexus to the needs created by the development.
…
166.05 Reserved
Created: 2025-12-04 14:21:48 [EST]
(Supp. No. 39)
Page 1 of 3
150.04 Jurisdiction
The city's planning jurisdiction is the area within the corporate boundarie s.s as well as the area described in the
planning area boundary description as filed with the City Clerk and Washington County Cir cuit Clerk's office. Such
planning area boundary description may be modified from time to time in accordance with A.C.A. §14 -56-413. The
city's planning jurisdiction does not extend to properties held by federal, state, or county entities.
151.01 Definitions
…
Plan, Master Street (development). A part of the Comprehensive Land Use Plan made and adopted by the Planning
Commission and adopted by the City Council that classifying certain streets within the planning area jurisdiction as
arterial or collector streets, consisting of a map and text.
…
Rural street (development). A street located, or to be located, outside the city limits of the city but within the
planning area jurisdiction of the city.
…
Suburban (development). Located outside the corporate city limits, but within the city's planning area.
…
153.08 Miscellaneous Remedies
…
(D) Subdivision Regulations. In order to carry out the purposes of these regulations and to assure an orderly
program of development after the effective date of these regulations:
(1) Plat Not Accepted for Filing. No plat of any tract of land within the planning area jurisdiction of the
Planning Commission shall be accepted by the County Recorder for filing unless the plat has been
approved by the Planning Commission.
…
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 outside of the city limits 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
…
Created: 2025-12-04 14:22:14 [EST]
(Supp. No. 39)
Page 2 of 3
166.01 Development Categories
…
(C) Site Plan.
…
(4) Concept Plan. When a developer intends to develop or redevelop greater than 6,000 square feet and
less than 10,000 square feet of total impervious area within the city limits, they shall submit a concept
plan to obtain feedback and recommendations from city staff prior to su bmitting a fully engineered
development plan for review. Developments below or above this threshold , or in the city's planning
area boundary, may submit a concept plan to obtain feedback and recommendations prior to
submitting a fully engineered development plan for review.
…
166.04 Required Infrastructure Improvements — Development In City Limits
(A) Generally. Required of developer.
…
(2) Standards Applicable. Any required on or off-site improvements in the city and within one (1) mile of
the city limits shall be installed according to the city's standards.; provided on or off-site improvements
to roads located outside one mile of the city limits shall be installed to the county's standards. The
developer shall be required to bear that portion of the cost of off-site improvements which bears a
rational nexus to the needs created by the development.
…
(4) Planning Commission and Planning Division. At the time the Planning Commission or Planning Division
(where applicable for administrative approval) grants development approval, the Planning Commission
or Planning Division shall determine whether the proposed development creates a need for off-site
improvements and the portion of the cost of any needed off-site improvements which the developer
shall be required to bear. ; provided, that portion of the cost of off-site improvements to roads located
outside the city's corporate limits but within the city's planning area shall be determined by the county.
In determining that portion of the cost of off-site improvements which the developer shall be required
to bear, the Planning Commission or Planning Division (where applicable for administrative approval)
shall consider the acreage within the proposed development as a percentage of all the acreage which,
when fully developed, will benefit from the off -site improvements; provided, the Planning Commission
or Planning Division may use a different method of measurement if it determines that use of the
acreage standard will not result in the developer bearing that portion of the cost which bears a rational
nexus to the needs created by the development.
…
166.05 Reserved Required Infrastructure Improvements and Subdivision Regulations -
Development In Planning Area
(A) Required Infrastructure Improvements and Subdivision Regul ations Outside the City.
Created: 2025-12-04 14:22:15 [EST]
(Supp. No. 39)
Page 3 of 3
(1)Within 1 Mile of City Limits. On and off-site improvements and subdivision regulations for development
outside the city limits and within one mile of the city are the same as for those developments within
the city limits, with the exception of park land dedication requirement which is not required.
(2)Beyond 1 Mile of City Limits. On- and off-site improvements and subdivision regulations for
development outside 1 mile of the city limits shall meet Washington County standards.
(3)All lots in the planning area shall have direct frontage to a public street, with the minimum frontage
required by Washington County pursuant to residential lot and block standards.
(B)Developments Outside City Developed to All Inside the City Standards. If the City Council grants access to the
City's sewer system pursuant to §51.115. (C) and the owner/develop er agrees to petition for annexation as
soon as legally possible and develop the subdivision in accordance with all city development requirements
including payment of all impact fees, the bulk and area requirements for this subdivision shall conform to
those within the RSF-4 Zoning District or as otherwise designated by the City Council rather than those within
the planning area.
(Code 1965, App. A., Art. 8(11), App. C., Art. IV; Ord. No. 1747, 6-29-70; 1750, 7-6-70; Ord. No. 1999, 5-7-74; Code
1991, §§159.54, 160.120; Ord. No. 3925, §6, 10-3-95; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4753, 9-6-05;
Ord. No. 5215, 1-20-09; Ord. No. 5270, 9-1-09; Ord. No. 5296, 12-15-09; Ord. No. 5546, 12-04-12)
Form 0.55
Account #: NWCL5004205
Company: CITY OF FAYETTEVILLE-CLERKS OFFI
113 W MOUNTAIN
FAYETTEVILLE, AR 72701
Ad number #: 571747
PO #:
Matter of. ORD 6965
AFFIDAVIT • STATE OFARKANSAS
1 Maria Hernandez -Lopez do solemnly swear that I am the Legal Clerk of the NWA Democrat Gazette, a daily
newspaper printed and published in WASHINGTONBENTON county, State of ARKANSAS; that I was so related to
this publication at and during the publication of the annexed legal advertisement in the matter of
ORD 6965
Pending in the court, in said County, and at the dates of the several publications of said advertisement stated below, and
that during said periods and at said dates, said newspaper was printed and had a bona fide circulation in said County,
that said newspaper had been regularly printed and published in said county, and had a bona fide circulation therein for
the period of one month before the date of the first publication of said advertisement; and that said advertisement was
published in the regular daily issues of said newspaper as stated below.
And that there is due or has been paid the NWA Democrat Gazette for publication the sum of $226.48.
(Includes $0.00 Affidavit Charge).
NWA Democrat Gazette 01125126; NWA nwaonline.com 01125126
\\Gl BRAS&///,/
Legal Clerk �� ..�s ;� 1.. ��
State ofARKANSAS, County of Sebastian = :,� �piAR y w;•. �,
Subscribed and sworn to before me on this 26th day of January, 2026 :.z c. moo; z
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NOTARY PUBLIC
Ordinance: 6965
File Number: 2025-2752
AN ORDINANCE TO REPEAL
REGULATIONS ON DEVELOP-
MENT IN THE CITY'S PLANNING
AREA PURSUANT TO ACT 314
OF 2025 BY AMENDING VARI-
OUS SECTIONS OF THE UNIFIED
DEVELOPMENT CODE
WHEREAS, Act 314 of 2025
repealed the authority of the
City to regulate development
outside the City's corporate lim-
its; and
WHEREAS, various sections of
the Unified Development Code
should be amended to comply
with the Act.
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1:That the City Coun-
cil of the City of Fayetteville,
Arkansas hereby repeals §
150.04 Jurisdiction of the Uni-
fied Development Code and en-
acts a replacement as follows:
"§ 150.04 Jurisdiction
The city's planning jurisdic-
tion is the area within the cor-
porate boundaries. The city's
planning jurisdiction does not
extend to properties held by
federal, state, or county enti-
ties.'
Section 2: That the City Coun-
cil of the City of Fayetteville,
Arkansas hereby amends §
151.01 Definitions by striking
"planning area" from the defini-
tion of "Plan, Master Street",
and by repealing the definitions
of "Rural street" and "Subur-
ban."
Section 3: That the City Coun-
cil of the City of Fayetteville,
Arkansas hereby amends §
153.08 Miscellaneous Reme-
dies by striking "planning area"
from subsection (0)(1).
Section 4: That the City Coun-
cil of the City of Fayetteville,
Arkansas hereby amends §
161.35 Planned Zoning District
by replacing "within the City's
designated planning area" with
"outside the city limits" in sub-
section (A)(1).
Section 5: That the City Coun-
cil of the City of Fayetteville,
Arkansas hereby amends §
166.01 Development Categories
by striking ", or in the city's
planning area boundary" from
subsection (C)(4).
Section 6:That the City Coun-
cil of the City of Fayetteville,
Arkansas hereby amends §
166.04 Required Infrastructure
Improvements —Development in
City Limits by repealing subsec-
tion (A)(2) and enacting a re-
placement as follows:
"(2) Standards Applicable.
Any required on or off -site im-
provements in the city shall be
installed according to the city's
standards. The developer shall
be required to bear that portion
of the cost of off -site improve-
ments which bears a rational
nexus to the needs created by
the development."
Section 6:That the City Coun-
cil of the City of Fayetteville,
Arkansas hereby amends §
166.04 Required Infrastructure
Improvements —Development in
City Limits by striking "provided,
that portion of the cost of off
site improvements to roads lo-
cated outside the city's corpo-
rate limits but within the city's
planning area shall be deter-
mined by the county" in subsec-
tion (A)(4).
Section 7: That the City Coun-
cil of the City of Fayetteville,
Arkansas hereby repeals §
166.05 Required Infrastructure
Improvements and Subdivision
Regulations — Development in
Planning Area
PASSED and APPROVED on
January 20,2026
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: $226.48
January 25,2026 571747