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FAYE 'TTEVIGL'Ea' ;PLANNING COMMISSION .)-
CITY ADMINLSTRATION BU ILD IN
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cr BOOK •548
ZONING ORDINANCE
CONTENTS
PAGE
ARTICLE I PURPOSE 0000 . . . 1 - 1
ARTICLE 11 DEFINITIONS 0000 . 0000 . . 2 - 1
ARTICLE III ESTABLISHMENT OF DISTRICTS 3 - 1
Section I . Classification of Districts , ; , , , 3 - 1
Section 2 , Boundaries of Districts 0000 , , , , , 3 - 1
ARTICLE IV GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . 4 - 1
{ Section I . Use of Building and Land 4 - 1
Section 2 . NonconformingUs ¢ s 4 - 1
0000 .
Section 3 . Principal Building on Lot . . . . , , . . 4 -2
Section 4 , Reduction in Lot Area or
Yard Requirements . 0001000 4 -3
Section 5 , Zoning of Annexed Territory . . . . . 4 -3
Section 6 , Off Street Loading and ,
Unloading Space . . . 4 -3
Section 7 , Off Street Parking
Requirements . . , , , . • . , , , 4 -3
Section 8 . Vision Clearance Requirement . 4 -6
ARTICLE V PROVISIONS GOVERNING ZCNING DISTRICTS 0000 . . . 5 - 1
Section 1 . R - IA Single Family
Residential District 5 - 1
Section 2 , R - IB Single Family
Residential District 5 -3
Section 3 , R -2 Two - Family Residential
District 5 -4
Section 4 , R -3 Multi - Family
Residential District 5 -6
Section 5 . R -4 Multi - FamilyResidential
and Dormitory District . . . . . . . . . . 5 - 8
Section 6 , C - 1 Neighborhood Commercial
District 5 -9
Section 7 , C -2 Thoroughfare Commercial
District0000 5 - 11
Section B . C -3 Central Commercial District . . . 5 - 14
Section 9 . I - IA Light Industrial District . . . . 5 - 16
Section 10 . I - IB Light Industrial District . . , . 5 - 17
Section ' Ii . 1 -2 Heavy Industrial District ; , , : . 5 - 17
Section 12 , P - 1 Institutional District , . ; , . 5 - 19
Section 13 . P - IA Special Church District 0000 5 - 19
i
Bum5Y� 2344._
PAGE
ARTICLE VI EXCEPTIONS AND MODIFICATIONS . . : . . . ". . . . . . . . 6 - I
Section I . Lot of Record Prior to
Adoption of Ordinance , : ; : . + : . : : : : 6 - 1
Section 2 , Front Yards i . . i : . : : : . . 6 - 1
Section 3 . Group Housing Projects . . . . . . : . . , 6 - 1
Section 4 , Remodeling and Alteration of
Dwellings in Industrial and
Commercial Districts . . . . . . . . . . . . 6 - 1
Section 5 . Property Rezoned for Commercial
Uses . . . . . . . . . . . . 6 -2
Section 6 , Setback Lines • for � Sign' s � before
Street Widening . . . . . . . . . . . 6 -2
ARTICLE VII ENFORCEMENT . . . . . . . . . . . . , 7 - 1
Section I . Enforcing Officer 7 - 1
Section 2 . Building Permits and
Certificate of Occupancy : : . : . : . . 7 - 1
Section 3 . Violation Penalty . . . . . . . . . . 7 -2
ARTICLE VIII BOARD OF ADJUSTMENT . . . . . . . . . . . . . . . . . . . . . . . . . I 8 - 1
Section I . Creation and Appointments . . . . . : . . 8 - 1 c
Section 2 , Procedure , . , , , , , 8 - 1
Section 3 . Appeals or Variances 8 -2
Section 4 . Expiration of Permits 8 -2
Section 5 . Powers 8 -2
Section 6 , Appeals from Decisions of the
Board . . . . . . 8 -3
ARTICLE IX AMENDMENT 9 - 1
ARTICLE X LEGAL STATUS PROVISIONS 10 - 1
Section I . Conflicting Ordinances Repealed . 110 - 1
Section 2 . Severability
Section 3 . Effective Date . . . . . . . . . . . . . . . . . . 10 - I
ii
BOOK 548 235
ZONING ORDINANCE
FAYETTEVILLE , ARKANSAS
ORDINANCE NO , 1239
AN ORDINANCE RELATING TO THE ZONING LAWS OF THE CiTY OF '
FAYETTEVILLE , ARKANSAS : REPEALING ZONING ORDINANCE 1002 ,
ADOPTED SEPTEMBER 10 , 19519 AND ALL OTHER ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH TO THE EXTENT OF-
SUCH CCNFLICT : PROVIDING FOR THE SEVERABILITY OF THE PRO -
V IS IONS HEREOF
ARTICLE I PURPOSE
The zoning regulations and districts as herein set forth are
enacted to implement in part the land use plan - of the City of
Fayetteville ' and to promote the health , safety , morals , conven -
ience , order , prosperity , and general welfare of the communit-y ;
to provide for the establishment of districts within the cor - '
porate - limits ; to regulate within such districts the Location , -
height , bulk , number of stories , and size of ' buildings and struc -
tures , the percentage of lot occupancy , the required open spaces ,
the density of population and the uses of land and buildings . ThZse
regulations have been made with reasonable consideration , among
other things , as to the character of each district and its
peculiar suitability for particular uses , and with a view of con —
serving the value of buildings and encouraging the most appropriate
use of land throughout the City ,
I - I
4
Boos 54� 236
ARTICLE I I DEFINITIONS
Unless otherwise stated , the following words shall ; for the
purpose of this ordinance , have the meaning herein indicated ,
Words used in the present tense include the future . The singular
number includes the plural and the plural the singular . The
word " shall " is mandatory , not directive . The word "may " is per —
missive . The word " person " includes a firm , association , organi —
zation , partnership , trust , company or corporation , as well as an
individual .
I . Accessory use or building - - A use or building customarily
incident and subordinate - to the actual principal use or building
and located on the same lot with such actual principal use or
building ,
2 . Alley - - A minor public way used for utility easements
and vehicular service access to back or side of property facing
a street .
3 . Buildinq or structure - - Any structure constructed or used
for residence , business , or industry , or other public or private
purposes , or - accessory thereto , and including tents , lunch wagons ,
dining cars , mobile or trailer homes , billboards , signs , swimming
pools , telephone booths , ice makers , vending machines , incinerators ,
and similar structures whether stationary or movable .
a . Principal building - - a building in which is conducted
the principal use of the lot on which - it is located ,
In any residence district any dwelling shall be deemed
to be the principal building on the lot on which same
is located .
b . Accessory build. ing - - a subordinate building , the use of
which is incidental to that of a principal building on
the same lot .
c . Building line , front - - a line established in general ,
parallel to the front street line , between which and
the street no building shall project . This includes
covered porches whether enclosed or unenclosed , eaves
and overhangs , attached car ports and garages , and
steps where the steps project more . than five ( 5 ) feet
from the front building I .ine ,
d . Building height - - the vertical distance from the
established average sidewalk grade or street grade ,
or . finished grade at the building line , whichever is
highest to the highest point of the building , ex —
cluding spires , towers and domes not for human occupancy ,
flag poles , masts , or aerials .
2 - 1
BOB 231
40 Club or Lodge - - A building or portion of a building used
by an association for the promotion of some common objective ,
excepting clubs : the . chief activity of, which is a service customarily
carried on as a business .
5 . Court - - An unoccupied space , open at the top , wholly or
partially enclosed by the walls of a building or group of buildings .
it may serve at the grade level or at the level of any floor of an
adjacent building which it serves .
6 . District - - A section or sections of the City of Fayetteville
for which regulations governing the use of buildings and premises ,
and building height and area , are prescribed .
7 . Dormitory - - A building or group of buildings designed or alter ¢ (
for the purpose of accommodating students or members of religious
orders with sleeping quarters , with or without communal kitchen
facilities , and administered by bona fide education or religious
institutions .
8 . Dwellinq - - A house , apartment building , or other building
designed or used primarily for human habitation . The word " dwelling "
shall not include hotels , motels , motorists hotels or other structures
designed for transient residence .
a . Single - family dwelling - - a detached residence designed
for or occupied by one family only .
b . Two - family dwelling - - a residence designed for or
occupied by two families only , with separate housekeeping
and cooking facilities .for each .
C . Multi -family dwelling - = a residence designed for or
occup. ied by three or more families with separate
housekeeping and cooking facilities for each .
9 . Family - - One or more persons related by blood or marriage , or
a group of not more than four persons who need not be related by
blood or marriage , living together and subsisting in common in a
dwelling unit as a separate non -profit housekeeping unit which pro
vides only one kitchen as distinguished from a group occupying a
boarding house , lodging house , dormitory , sorority or fraternity housE
10 . Fraternity or sorority house - - A building owned or leased by
a general or local c apter of some regularly organized college fra -
ternity or sorority , or . by _ or on - Its behalf by a building corporation
or assoclation composed of members or alumni thereof , and occupied
by the local chapter of such fraternity or sorority as a place of
residence .
2 -2
Q -
eeox 5148 , 4r8
c3
II , Garage apartment-- A family unit located over , or attached
to a private garage and located on the same lot with the 'principal
building .
12 . Gasoline service station - - An establishment the business of
which is the opera ion of a mo or fuel filling station , where repair
work is limited to lubricating and washing of motor vehicles , changing
and minor repair of tires , and where no body work or major chassis
or motor repairs are made ,
13 . Home occupation - - Any occupation of a service character which
is clearly secondary to the main use of the premises as a dwelling
place and does not change the character thereof or have any exterior
evidence of such secondary use . This occupation shall be carried on
or conducted only by members of the family res .idIng in the dwelling
and in connection with which there shall be no stock in trade or
commodity for sale upon the premises . The giving of voice or musical
Instrument lessons shall be limited to a single pupil at a time . Power
shall be limited to one -quarter ( ;) H . P . per machine , or a total of
one ( 1 ) H . P . for machines other than those used for domestic purposes ,
14 . House , boarding - - A dwelling where meals , or lodging and
meals , are provided for compensation , or . where. meals may be available
on a commercial basis , for two ( 2 ) or more persons pursuant to
previous arrangements , but where meals and lodging are not available
to the transient public ,
15 , Hous ¢ lodginq or rooming - - A dwelling or building where
lodging is provide or two ( or more persons for compensation ,
pursuant to previous arrangements , but which is not available to
transients and with which no table board is furnished .
16 . Lot - - 'A piece , parcel or plot of land in . one ownership which
may include one or more ' lots of record , occupied or to be occupied
by one principal building and its accessory buildings and including
the open spaces required under this ordinance . All lots shall front
on and have access to a public street .
a . Lot line - - the boundary dividing a given lot from a
. street , an alley , or adjacent lots ,
b . Lot of record - = a lot the boundaries of which are filed
as legal record .
c . Double frontage lot - - an interior lot having frontages
on two streets , as distinguished { roma corner lot ,
2 - 3
17 . Motel - - A building or overnight cabins for motorists which .
are not over two stories in height and where at least fifty percent
of the guest rooms are on the ground floor level and open directly
on a private roadway or court , and where at least one parking space
is provided for each guest - room ,
a . Motorist hotel - - a hotel for motorists which is more
than two stories in height .
18 . Nonconforming use - - A use of a building or of land which does
not conform with the provisions of this ordinance for the district in
which it is located .
19 . Parking space - - The area required for one automobile , which
In this ordinance is held to be an area ten . feet wide and twenty feet .
long , not including passage ways .
20 . Place of public assembly - - A meeting pla.ce for more than
fifty ( 50 ) persons to which the public or membership groups are
assembled regularly or occasionally , including but not limited to
schools , churches , theatres , auditoriums , funeral homes , stadiums ,
and similar places of assembly . Classrooms within a school , or - school 's
without auditoriums or gymnasiums , nurseries , and a public or private
building or institution without auditorium space are not , according
to this definition , places of public assembly .
21 . Professional office - - An . office of persons of recognized
professions , such as octors , lawyers , architects , engineers , realtors ,
artists , brokers , teachers , and others who through training are
qualified to perform services of a professional nature .
22 , Story - - " That portion of a building , other than a basement ,
included between the surface of any floor and the surface of the
next floor above ; or any portion of a building used for human occupant )
between the topmost floor and the roof . A half story refers to the
space between ' the top floor and a sloping roof ,
23 . Street - - A dedicated public right —of —way which affords
principal means of access to abutting .property . The word " street " shat
include the words " road " , " highway " , and " thoroughfare " ,
24 , Total floor area - - The area of all floors of a building , in —
cluding finished attic ; finished basements , attached car ports ,
attached garages , and covered porches .
25 . Mobile or Trailer court - - Any plot of ground on which there
are Iocdted or intended to be located two or more mobile or trailer
homes to be occupied for dwelling or sleeping purposes .
2 -4
26 . Mobile or Trailer home - - Any vehicle used or so constructed '
as to permit its being used as a conveyance upon the public
streets or highways and duly licensable as such , and constructed
in such a manner as will permit occupancy thereof as a dwelling or
sleeping place for one or more persons .
27 . Variance - - A modification or variation of the provisions of
this ordinance as applied to a specific piece of property .
28 . Yard - - An open space on the same lot with a principal build -
ing , open and unoccupied and unobstructed by buildings from the
ground to the sky except for the ordinary projection of window sills ,
cornices , chimneys or chimney foundation buttresses , and other •
ornamental features , and as further defined below .
a . Front yard - - the yard extending across the entire
width of the lot between the street right - of -way
line and the nearest part of the principal building ,
including covered porches , attached garages , car ports ,
eaves and roof overhangs . If the principal building is
Iocafed . on a lot at the corner of intersecting streets ,
the front yard extends from the side of the structure
with the main entrance to the street line .
b . Rear yard - - the yard extending across the entire width
of the lot between the rear lot line and the nearest
part of the principal building , including covered
porches , attached garages , attached car ports , eaves
and overhangs . The rear of the principal building
shall be interpreted to be that part of the building
which is opposite to the side on which the front entrance
is located .
c . Side yard - - a yard extending along the side lot line
from the front yard to the rear yard and lying between
the side lot line and the nearest part of the principal
building , including porches , attached garages , attached
car ports , eaves and overhangs .
d . Official set -back line - - where an official set -back line
has been established for future widening or opening
of ' a street upon which a lot abuts , then the width or
depth of a yard shall be measured from such official
set -back line to the nearest line of the principal
building , including porches , attached garages , attached
car ports , eaves and overhangs .
2 -5
BDDK 548 241-L A
ARTICLE I ' I I ESTABLISHMENT OF DISTRICTS "
Section I . Classification of Districts
For the purpose of this ordinance , Fayetteville , Arkansas has thir -
teen zoning districts designated as follows :
R - IA Single Family Residential District
R - IB Single Family Residential District
R -2 Two - Family Residential District
R -3 Multi -Family Residential District
R -4 Multi - Family Residential and Dormitory District
C - 1 Neighborhood Commercial District
C -2 Thoroughfare Commercial District
C -3 Central Commercial District
I - IA Light Industrial District
1 - I8 Light Industrial District
I -2 Heavy Industrial District
P - 1 Institutional District
P - IA Special Church District
Section 2 . Boundaries of Districts
I . The boundaries of the zoning districts are hereby established
as shown on the map entitled " Zoning District Map of Fayetteville ,
Arkansas " daied June 13 , 1960 , which is a part of this ordinance
and which is on file in thi office of the City Clerk .
2 . Unless otherwise indicated on the zoning map , the. district
boundaries are lot lines , the center lines of streets or alleys or a
specified - distance therefrom , railroad rights - of -way , or the city
limit lines as they existed at the time of the enactment of this ord -
Inance . Questions concerning the exact locations of district
boundaries shall be determined by the Board of Adjustment .
3 . When the street or property layout existing on the ground is
at variance with that shown on the Zoning District Map or with other
requirements of this article , the Board of Adjustment shall interpret
the boundaries .
4 . Where a district boundary line divides a lot in single owner -
ship at the time of passage of this ordinance , the use , height , and
area authorized in the least restricted district shal . l apply to the
entire lot , but shall not extend beyond a platted lot line ; provided
that . this line does not extend more than twenty -five ( 25 ) feet beyond
the more restricted district boundary line , The use so extended shall
be deemed to be conforming . Where the district boundary is on a
platted lot line , this extension is not permitted .
3 - 1
eook . 548 , 242
5 . Where a lot under single ownership at the time of passage
of this ordinance is a double frontage lot and where the frontage .
on one street is in a commercial or industrial zoned dlstrict . lexcept
corner lots ) and the frontage on the other . streei 1s in a residential
district or faces a residential district , any commercial or industrial
uses placed upon this lot shall be fronted onto the streetjn the
commercial or industrial district . In all cases of ambiguity or
uncertainty , the Board of Adjustment shall have the authority to
determine on which street the commercial or industrial use shall face
or front so that the spirit of these regulations shall be observed .
6 . Where a corner lot with commercial zoning is located on a
predominantly commercial street , 1 , e ., located In a block in which
the frontage is 51 % or more commercial , and the intersecting street
is predominantly residential , i . e . , 51 % or more residential frontage ,
any commercial use placed on the corner lot must have its principal
frontage on the predominantly ( 51 % or morel commercial street .
3 -2
eoox 548 243
t) �� a
c.
ARTICLE IV GENERAL PROVISIONS
For the purpose of this ordinance there shall be certain general
provisions which shall apply to the city . as - ' a whole as follows : .
Sect ( on Is . Use of Building and Land
No building or land shall hereafter be used and no building or part
thereof shall be erected , moved , or altered unless for a use expressly
permitted by and . in conformity with the regulations herein specified
for the district in which it is located .
Section 2 . Nonconforminq Uses
1 , Any lawful u'se of buildings or land existing at the time of
the enactment of this ordinance but not in conformity with its pro —
visions may be confined with the following limitations :
a . A--lawful nonconforming use of a building may not be change (
unless changed to an equal or a higher ( more restricted )
use .
b . Any building that constitutes a nonconforming use which
has been damaged by fire , explosion , act of God , or by
the public enemy to the extent of more than 75 percent of
its value shall not be restored except in conformance
with, the district in- which if , is located . The determina —
tion of whether a building is 75 percent destroyed shall
rest with the city building inspector .
c . A lawful nonconforming use that has been voluntarily
d.iscontinued . for a period - of six calendar months shall
not be continued at a later date .
d . A. lawful nonconforming use , if changed to a conforming
use , may not thereafter be changed to a nonconforming
use .
e . No building whose use does not conform with the provisions
of fhe district within which it is located shall be
enlarged , extended , � ec.onstrucfed , or structurally altered
( except f.or normal maintenance or when so required by
law or ordinance ) unless such u;se . is changed to - a use
that is in conformance with the provisions of the district
within which it is located .
4 - 1