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HomeMy WebLinkAboutOrdinance 3792 FLED FCR RECORD 194 MY 20 RM 8 03 ORDINANCE NO_ 3792 1VASHINGTON CO AR A . KOLI- MEYER AN ORDINANCE AMENDING CHAPTER 160, ZONING CODE, OF THE CODE OF FAYETTEVILLE, TO PROVIDE FOR NEW ZONING DISTRICTS [ RE: RESIDENTIAL ESTATE DISTRICT, RA : RESIDENTIAL (ACRE LOT) DISTRICT, RL: RESIDENTIAL LARGE LOT DISTRICT AND RS : RESIDENTIAL SMALL LOT DISTRICT 1 ; AND AMENDING USE UNIT 6, SINGLE-FAMILY AND TWO-FAMILY DWELLINGS AND UNIT 26, SINGLE-FAMILY DWELLINGS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS : Section 1 . That Chapter 160, Zoning Code, Section 160. 15 , Establishment of Districts, of the Code of Fayetteville, shall be amended to add the following zoning districts: District RE Residential Estate District RA Residential (Acre Lot) District RL Residential Large Lot District RS Residential Small Lot Section 2 . That Chapter 160, Zoning Code, Section 160.55 , Establishment; Listing, (H) Unit 8. Single-Family and Two-Family Dwellings shall be repealed and the following inserted in its stead: (H) Unit 8 . Single-Family, Duplex, and Townhouse Dwellings. ( 1 ) Description. Unit 8 is provided in order that single-family, two-family and townhouse (no more than two units attached) dwellings may be located in appropriate residential areas. (2) Included uses. Single-family. Home Occupations. Two-family. Townhouse (no more than two units attached) . (3) Off-street parking space requirements. Two off-street parking spaces shall be required for each dwelling unit. 940J®909 Page 2 Ordinance No . 3792 Section 3 . That Chapter 160, Zoning Code, Section 160.055, Establishment;. Listing, (Z) Unit 26. Single-Family Dwellings, shall be repealed and the following shall be inserted in its stead: (Z) Unit 26. Single-Family Dwellings. (1) Description. Unit 26 is provided in order that single-family detached dwellings may be located in appropriate residential areas. (2) Included uses. Single-family detached dwellings. (3) Off-street parking space requirements. Two off-street parking spaces shall be required for each single-family dwelling unit. Section 4. That Chapter 160, Zoning Code, shall be amended to add § 160.0437 DISTRICT RE: RESIDENTIAL ESTATE, § 160.044 DISTRICT RA: RESIDENTIAL (ACRE LOT), § 160.045 DISTRICT RL: RESIDENTIAL LARGE LOT and § 160.46 DISTRICT RS : RESIDENTIAL SMALL LOT, as follows: § 160.43 DISTRICT RE: RESIDENTIAL ESTATE (A) Purposes. 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 unit per acre. (B) Uses permitted. Unit 1 - City-wide uses by right. Unit 26 - Single-family dwelling. (C) Uses permissible on appeal to the Planning Commission. Unit 2 - City-wide uses by conditional use permit. Unit 3 - Public protection and utility facilities. Unit 4 - Cultural and recreational facilities. 940309410 Page 3 Ordinance No . 3792 (D) Bulk and area regulations. Lot width minimum 200' Lot area minimum 2 acre minimum Land area per dwelling unit 2 acre minimum (E) Yard requirements (feet) . Front 35 ' Side 20' Rear 35 ' (F) Height regulations. Maximum building height 35' § 160.44 DISTRICT RA : RESIDENTIAL (ACRE LOT) (A) Purposes. 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 permitted. Unit 1 - City-wide uses by right. Unit 26 - Single-family dwelling. (C) Uses permissible on appeal to the Planning Commission . Unit 2 - City-wide uses by conditional use permit. Unit 3 - Public protection and utility facilities. Unit 4 - Cultural and recreational facilities. (D) Bulk and area regulations. Lot width minimum 150' Lot area minimum 43 ,560 sq. ft. Land area per dwelling unit 43 ,560 sq. ft. 94 �4Q9� Page 4 Ordinance No . 3792 (E) Yard requirements (feet) . Front 35 ' Side 20' Rear 35' (F) Height regulations. Maximum building height 35 ' § 160.045 DISTRICT RL: RESIDENTIAL LARGE LOT (A) Purposes. To provide a single-family dwelling transition zone (Density : 2 units per acre) between single family neighborhoods that have developed with larger lot sizes (one acre and over) and areas that have developed with smaller lot sizes (8,000 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 permitted. Unit 1 - City-wide uses by right. Unit 26 - Single-family dwelling. (C) Uses permissible on appeal to the Planning Commission. Unit 2 - City-wide uses by conditional use. Unit 3 - Public protection and utility facilities. Unit 4 - Cultural and recreational facilities. (D) Bulk and area regulations. Lot width minimum 100' Lot area minimum 21 ,780 sq. ft. Land area per dwelling unit 21 ,780 sq. ft. 940 x091 j Page 5 Ordinance No , 3792 (E) Yard requirements (feet) . Front 30' Side 15 ' Rear 30' (F) Building regulations. Maximum building height 35 ' § 160.046 DISTRICT RS: RESIDENTIAL SMALL LOT (A) Purposes. The Residential Small Lot District of 7 dwelling units per acre or less in the case of single family dwelling units is designed to permit and encourage the development of detached dwellings in suitable environments. The density may be increased to 8.5 dwelling units per acre, as a conditional use, with the option to plat a maximum of 15 % of the lots for duplex or townhouse development within the subdivision. (B) Uses permitted. Unit 1 - City-wide uses by right. Unit 26 - Single-family dwelling. (C) Uses permissible on appeal to the Planning Commission. Unit 2 - City-wide uses by conditional use. Unit 3 - Public protection and utility facilities. Unit 4 - Cultural and recreational facilities. Unit 8 - Single-family, two family, and townhouse dwellings. (D) Bulk and area regulations. Single-family Duplex Townhouse (no more than 2 units attached) Lot width minimum 60' 60' 30' Lot area minimum 6,000 sq. ft. 6,000 sq. ft. 3 ,000 sq. ft. Land area per dwelling unit 6,000 sq. ft. 3,000 sq. ft. 3,000 sq. ft. Page 6 Ordinance No . 3792 (E) Yard requirements (feet) . Front 25 ' Side 08'' Rear 20' Side yards may be waived on one side to permit common walls between townhouses (no more than two units attached. ) (F) Building area. The area occupied by all buildings shall not exceed 50 % of the total lot area. (G) Height regulations. Maximum building height 30' Section 5 . That the City Council hereby determines that the amendment of Chapter 160, Zoning Code, of the Code of Fayetteville, to add additional zoning districts, is necessary to effectuate the purposes of comprehesive planning and zoning within the City of Fayetteville, and unless put into effect immediately, the public health, safety, and welfare of the people of Fayetteville will be adversely affected. Therefore, an emergency is hereby declared to exist and this ordinance being necessary for the public health, safety, and welfare shall be in full force and effect from and after its passage and approval. PASSED AND APPROVED this 17th day of May 1994. APPROVED• By: red Hanna, Mayor ATTEST: In By : Afhu_ O( �sa/ Sherry L. Thomas, City Clerk 94 30914 p, -*Inv Keltmayn• Clrcult Clark and -offldo r-cc"e�r fo \4r•.hinn!ontfils m & al 1n- Moncc 1 la :^.y ofiSr p dvjy ccd _xh ur. and c--- pct, --Fcn, r m 1,- _ cot Y � • • . F._;ccm �Ourj on t.1 L � :'•.�c.cSl.. qRr}:, C!rutl C!'.r:: c `" , _` '.. ..f 7 :.c::-;?a ,•. f, L'd`1Y � Ei?•'. .:7L- 's.-oi4lcta •" -/_ ..c. roti 'i3. (.e 3: _ cGy cre!,- an Zby • �• 01 PPC:.`.: (, C rl!S.v « '1 ::1 jr,f: .(Ep:Cfi76 ll] Crt;;�s lee ii \\AjJiUl+(`l] 370ui: X7( d page_,�A I wir;ems my liic73`er. rna� titls��-d9y Oi ' ORDINANCE NO. 3792 DISTRICT RL: RESIDENTIAL AN ORDINANCE AMEND- LARGE LOT AND 4 160.46 (A) Purposes. To provide . a Land area per dwelling unit: ING .CHAPTER 160, ZON- single-family dwelling trans,- ING CODE OF THE CODE DISTRICT RS: RESIDEN- lion zone (Density: 2 units Single-family - 6.000 sq. ft. • . OF CODE THE E.. ' TETIAL SMALL LOT , as par ,�acre) between single Duplex - 3.000 sq. R. tollo'ws: •- family Aeighborhoccls that Townhouse - 3.000 sq. PROVIDE FOR tJEW ZON- • ' have developed with larger ft. INC DISTRICTS (RE: RESI- 4160.43 DISTRICT RE: RE- let sized (one acre and DENTIAL ESTATE DIS- SIDENTIAL ESTATE TRICT. RA: RESIDENTIAL, deed and areas that have ( e Yard requirements, $TATE OF ARKANSAS (ACRE LOT) DISTRICT, RL: sizdeve (8 with smaller lot Front: RESIDENTIAL LARGE LOT( I a Purposes. A district sizes 18,000 square tour- Front - 25' SS. having single-family de- and to permit and encour- Side - OB' 1 DISTRICT AND RS: RESI-Itached resitlences on lots age the development Of Rear - 20' County of Washington DENTIAL SMALL LOT DIS- w,ith a. minimum size of low density detached dwell- ' TRICT(: AND AMENDING +two (2)' acres_gnd a maxi- ings in suitable environ- Side yards may be waived' USE UNIT 6 . SINGLE - mum gross density of ap- men's, as well as to pro- on one side to permit com I, e - herebyCer- FAMILY AND TWO-FAMILY proximately one-half unit tett existingdevelopment mon walls between town DWELLINGS AND UNIT 26.1 per acre, of these t tify that I am the publisher of THE ORTHWEST ARKANSAS TIMES, a daily S I N G E - F A M I L Y types. I houses (no more than twos DWELLINGS. units attached.) newspaper having a second class mailing privilege, and being not less than four pages of is fel uses Cityper -wide Lel uses permitted: five wlumns each, published at a faced place of business and at a fixed (daily) intervals BE IT ORDAINED BY THE Unit 1 - City-witle uses byBuilding area: right Unit - aThe uses ny Tne area occupied by au continuous) m the Cit of Fayetteville, Count of Washington, Arkansas for more than CITY OF CITY COUNCIL E THE Unit 26 - Single-family right buildings shall not exceed y y y y g ARKANSAS;gYETTVILLE, dwelling unit 26 - Single-family- 50% of the total lot area. • aperiod of twelve months, circulated and distributed from an established place of business � (C) Uses dwelling. to subscribers and readers generally of all classes in the City and County for a definite price Section t. That Chapter permissible on ay IG) Height regulations: for each copy, or a fixed price per annum, which price was fixed at what is considered the peal to the Planningl(C) Uses permissible on Maximum building height 160, Zoning Code, Section Commission: ,,appeal to the Planningl30' value of the publication, based upon the news value and service value it contains, that at 160. 15. Establishment of unit 2 - City--wide uses by Commission: least fifty percent of the subscribers thereto have paid cash for their subscriptions to the Districts, of the Code of conditional use permit. Section 5. That. the City Fayetteville , shall be Unit 3 - Public protection Unit 7 - City-wide uses by Council hereby determine$ newspaper or its agents or through recognized news dealers over a period of at least six amended to add the follow- and utility facilities. conditional use. that the amendment of months; and that the said newspaperpublishes an average of more than forty percent news Ing zoning districts: Unit 4 - Cultural and recrea- Unit 3• - Public protection .Chapter 160, Zoning Code, I tional facilities. and utility facilities, of the Code of Fayetteville, matter. District RE: unit 4 - Cultural and recrea- to add additional zoning dis Residential Estate ( D ) Bulk and area tional facilities. tricts, is necessary no efiec- District RA: regulations: tuate the purposes of com- I further certify that the legal notice hereto attached in the matter of Residential More Lot) ( D ) Bulk and area prehensive planning and District l Lot width minimum - 200' regulations. 'zoning within the . City of Residential terga Lot Lot area minimum - 2 acre Fayetteville, and unless put District RS: Sninimum _ Lot width minimum - 100' into effect immediately, the Residential Small Lot Land area per dwelling unit Lot area minimum - 21 ,780 public health. Safety. and - 2 acre minimum sq. ft welfare of the people ci . was published in the regular daily issue of said newspaper for Section 2. That Chapter I Land area per dwelling unfit Fayetteville will be ud- consecutive insertions as; follows: 160. Zoning Code, Section ( E ) Yard requirements " 21 ,780 sq. ft. . ... , versely affected. Therefore. 160.55. Establishment: List. (feet): „ 1 arf emergency is hereby de. ing, (H) Unit 8. Single- , (E) Yard requirements (feet) Iclared to exist and this ordi- I Family and Twp-Family Front - 35' nance being necessary for The fust insertion on the day of l9 / Dwellings Shall be repealed I Side - 20' Front - 30' the public health, safety. ' and the following inserted I Rear - 35' Side - 15' and welfare shall be in full in its stead: Rear - 30' 'force and effect from and the second insertion on the day of 19 (FI Height regulations: ( 'after its passage shall Hit Unit 8. Single-Family, Maximum building height (F) Building regulations: approval Duplex, and Townhouse 35' PASSED AND APPROVEDi the third insertion on the day of 19 Dwellings. Maximum building height this 17th day of May, 1994. 1 4160.44 DISTRICT RA:. RE- 35' APPROVED: (1 ) Description. Unit 8 is I SIDENTIAL (ACRE LOT) BY: Fred Hanna, Mayor I, and the fourth insertion on the day of 19 provided in order that ' 5160.046 DISTRICT RS: ATTEST: single-family, two-family and (A) Purposes. A district hev- RESIDENTIAL SMALL LOT By: Sherry L. Thomas I townhouse (no more than 'n9 single-family detached City Clerk two units attached) dwell- residences on lots with a IAI Purposes. The Residen-r ings may be located in, lip- 1 minimum size of one ( 1 ) tial Small Lot District of 7rc propriato residential areas. I unit per acre. The district is dwelling units per acre or designed to permit and en- less in the case of single (2) Included uses: courage the development of family dwelling units is de- RECEIVE Publisher General Manager Single-family very low density detached signated to permit and an-. Home Occupations dwellings in suitable envi- courage the development of Two-family ronments, as well as to detached dwellings in suit, Townhouse (no more than protect existing dayelop. able environments . The, I1 'N O 3.r ���� two units attached). mm Veof these types. density may be increased - U to 8.5 dwelling units per (3) Off-street parking space (B) Uses Permitted: acre, as a conditional use, requirements. Two off- Unit 1 - City-wide uses by with the option to plat a FINANCE DEPT. street parking spaces shall right maximum of 15% of the be required for each dwell. Unit 26 - Single-family lots for duplex or [own- ing unit, dwelling house development within the subdivision. Section 3. That Chapter IC) Uses permissible on ap- 160, Zoning Code, Section peal to the Planning 181 Uses permitted: 160.065. Establishment; ) Commission: Listing, (Z) Unit 26. Singly- Unit 1 - City-wide uses by /,, Family Dwellings, shall be Unit 2 - City-wide uses by right Ck Swore to and subscribed before me on this day of repealed and the following conditional use permit. ' Unit 26 - Single-family shall be inserted in its Unit 3 - Public protection clwellina (//1 stead: and utility facilities ICI Uses permissible on ap- , l9 / Unit 4 - Cultural and recrea- peal to the Planning ' (ZI Unit 26. Single-Family tional facilities. Commission: ' Dwellings. - I D I Bulk and area amt 2 - Cuss, tle uses by Ill Description. Unit 26 is regulations: conditional use. singe Provided it order that Unit il - Public protection single-family detached Lot width minimum - 150' and utility facilities y Notary PUbtiC dwellings may be located in Lot area minimum _ Unit 4 - Cultural and recrea- appropriate residential 43.560 sq. f[, tional facilities areas. ; Lantl area per dwelling unit Unit 8 - Single-family, two My Commission Expires" 43,560 sq. ft. family, and townhouse - (2) Included uses: dwellings. Single-family detached ( E ) Yard requirements tlwallinns (feet): ( D ) Bulk and area (3) Off-street parking space regulations: requirements. Two Off- Front - 35' i street parking spaces anal- Side - 20' Lot width minimum: fbe amily ilyrequireddwelling for each single- Rear - 35' Single-family - 60' .. $ 3 97 Duplex - 604 � Fees for Printing fa IFI Heigh Townhouse regulations: '- 30' Cost of Proof $ —� Section That Chapter Maximum building height (no more than 2 units Q � 160. Zoning Code, shall be 35' attached) it Total $ J7 q amended to add 4 160.043, 4160.045 DISTRICT RL: Lot area minimum DISTRICT TE RESIDEN RESIDENTIAL LARG_E__LO_T Single-family - 6.000 s ft. TIAL ESTATE. § SIDE 4 - Duplex - 6.000 s DISTRICT RL RESIDEN- 9 q. TIAL (ACRE LOT(. 4'16D.045 Townhouse - 3.000 sq. It.