HomeMy WebLinkAboutOrdinance 3892 ORDINANCE NO. 3892
AN ORDINANCE AMENDING CHAPTER 160, ZONING
CODE, OF THE CODE OF FAYETTEVILLE TO ESTABLISH
STANDARDS AND REGULATIONS FOR LIMITED
NEIGHBORHOOD COMMERCIAL USES WITHIN
RESIDENTIAL DISTRICTS AS A CONDITIONAL USE.
WHEREAS, the City wishes to implement the 2010 Plan's policies and
recommendations with the adoption of new standards and regulations for the integration of
limited neighborhood commercial uses within residential zoning districts; and,
WHEREAS, the City recognizes the importance of regulating the design, size, scale,
landscaping, screening, and location of limited neighborhood commercial uses within residential
districts; and,
WHEREAS, the City wishes to address the potential adverse impacts of allowing
limited neighborhood commercial uses within residential districts by the adoption of standards
and regulations to allow these types of uses as a conditional use.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS :
Section 1 . Section 160.075 , Use Conditions; Listing, of the Code of Fayetteville is
hereby amended to add to the listing "Limited Neighborhood Commercial Uses within
Residential Districts" .
Section 2 . Chapter 160, Zoning Code, of the Code of Fayetteville is hereby amended
to add standards and regulations for "Limited Neighborhood Commercial Uses within
Residential Districts" .
Limited Neighborhood Commercial Uses Within Residential Districts.
A . Purpose. These regulations are intended to mitigate the potential
adverse impacts associated with commercial uses within residential areas by
allowing limited neighborhood commercial uses that are compatible in size,
scale, massing, and residential appearance with adjoining and surrounding
residential uses. Limited neighborhood commercial uses are regulated in order
to:
1 . Enhance and regulate the appearance of neighborhood
commercial uses within residential areas.
2. Protect adjoining properties from the potential adverse impacts
associated with commercial uses adjacent to residences such as traffic, noise,
Zppearance, lighting, drainage, and effect on property values.
Page 2
Ordinance No , 3892
3 . Provide areas for off-street parking and storage of motor
vehicles that will be appropriate in size, location, and scale within residential
areas.
4. Provide commercial uses that are accessible for the
convenience of individuals living in residential districts.
5 . Reduce the length and number of trips generated by residential
development.
B. Uses Allowed_ Drive-through or drive-in establishments shall
not be allowed as a conditional use under this use category . The following uses
may be allowed as a conditional use within all residential zoning districts subject
to certain conditions:
1 . Personal Services (Maximum gross floor area of 2,000 sq.ft.)
a. Hair salons and barber shops with three
(3) or fewer licensed operators.
b. Tailoring
c. Shoe Repair
d. Dry Cleaning
e. Day Care
2 . Specialized retail (Maximum gross floor area of 3 ,000 sq.ft.)
a. Antique shops
b. Bicycle shops
c . Gift stores
d. Flower shops
e. Book stores
f. Craft and hobby stores
g. Stationery
h . Bakeries
i . Delicatessen
j . Grocery stores
k. Owner occupied " mom and pop" stores
1 . Small appliance repair shops
m. Hardware stores
n. Coffee shops
o. Restaurants
p. Drug stores
Page 3
Ordinance No . 3892
3 . Professional Offices (Maximum of 4 professionals and
maximum gross floor are of 3,000 sq. ft.) Examples of professional offices are
listed below :
a. Doctors office
b. Dentists
c. Insurance sales
d. Welfare agency
e. Architect
f. Engineer
g. Attorney
h. Accountant
i. Business or management consultant
j . Realtor
k. Broker
1 . Interior decorator
in. Veterinary small animal out-patient clinic
4. Studios for: (Maximum gross floor area of 3,000 sq. ft.)
a. Art
b. Dance
c. Music
d. Photography
S . Similar Uses. When a use is not specifically listed above, it
shall be understood that the use may be permitted as a conditional use if it is
determined by the City Planner that the use is similar to other uses listed. In
determining "similarity" the City Planner shall make all of the following
findings:
a. The proposed use meets the purpose of this ordinance
and the goals and policies of the General Plan;
b. The proposed use shall not adversely impact the public
health, safety and general welfare of the neighboring residents;
c. The proposed use shall be similar to the uses listed
above considering use intensity and characteristics.
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Ordinance No . 3892
f. Proportion of openings. Windows and doors shall be
similar to what is found on residential structures.
g. Materials, colors, and textures of buildings. Use
compatible materials, colors, and textures similar to adjacent residential
structures.
h. Outdoor lighting. Any proposed outdoor lighting shall
be shielded. The height and location of lighting shall be designed to minimize
light spread into adjacent properties and shall be turned off at business closing.
3 . The Planning Commission shall have the authority to direct
the placement of landscaping to buffer adjacent properties from adverse effects.
D. Compliance with Zoning Requirements. All new or enlarged
structures shall comply with the zoning requirements including but not limited
to density, height, building coverage, parking, and setbacks. Structures may
combine residential and commercial uses subject to height, setbacks, and density
requirements. Parking requirements for the structure shall be the sum of the
residential and commercial parking required.
E. Design Review and Application Submittal. In addition to the
conditional use application, the following drawings and plans shall be presented
as part of the application:
1 . A site plan drawn to scale showing the flow and location of
parking and the building footprint.
2. Elevation drawings of all sides of the structure and proposed
sign.
3 . Material sample board indicating type of material and colors
to be used on the exterior of the building.
4. A landscape plan (plan view), showing the location of all
proposed landscaping, size of plant material, and species.
Page 6
Ordinance No . 3892
Section . Severability . Should any paragraph, section, clause, phrase or part of this
ordinance, for any reason, be held invalid, such decisions shall not affect the validity of the
remaining provisions of this ordinance and the application of those provisions to any person or
circumstance shall not be affected thereby.
PASSED AND APPROVED this 16th day of May 1995 .
APPROVED :
By: W442u
red Hanna, Mayor
ATTEST
By : //? (1l' �
Traci Paul, City Clerk
Page 4
Ordinance No . 3892
C . Conditions for Approval . The uses listed above may be allowed
as a conditional use within residential districts and shall meet the following
conditions. The Planning Commission shall make findings for each of the
conditions below in additional to those conditions found in § 160. 195 "Conditions
Governing Applications of Conditional Uses; Procedures" of the Zoning Code.
1 . The proposed use shall not adversely affect local traffic
conditions on adjoining streets, require more than one curb cut per lot, or create
greater noise than a permitted use within the district.
2. Before limited neighborhood commercial uses may be allowed
as a conditional use within residential zoning districts, the Planning Commission
or subcommittee shall review the design elements of proposed new structures and
remodeled structures. The Planning Commission shall evaluate the design of the
proposed structure with regard to adjacent and surrounding residential structures
specifically addressing residential design elements as listed below.
a. Building massing (height, width, and bulk of structures,
type and angle of roof line), projections, and materials. Existing and proposed
structures shall incorporate similar residential design elements such as building
widths, heights, roofs, and building shapes found within the neighborhood.
b. Location and design of off-street parking areas, utility
equipment, and trash enclosures. Placement of the parking areas or lots, utility
equipment, and trash enclosures shall be designed to have minimal visual impact
to adjacent property owners and to the street. Screening of these elements may
be accomplished with plantings, walls, architectural features, and/or fencing.
c. Location and use of yard areas. Structures shall be
located on the site to achieve similar residential yard areas and setbacks within
the neighborhood.
d. Ratio of landscaped area to areas covered by
impervious surfaces within the neighborhood. Site plans shall be designed to
maximize unpaved open areas on the site.
e. Location, scale and design of signing. One wall sign
shall be allowed with a maximum area of four square fee. The color of the sign
shall be compatible with the colors of the structure and only indirect external
lighting is allowed.
[ORDINANCE NO. 7892 allowed as a conditional use the di%trict ' ung tlr'awings and plans snail `
AN ORDINANCE AMEND- within all residential zoning 2. Before lim itatl'in presented as part of the a
ING CHAPTER 160, ZON- districts subject to certain neighborhood commercial application; _
ING CODE. OF THE CODE conditions. uses may be allowed as a '
OF FAYETTEVILLE TO ES- 1 . Personal Services Conditional use within resp e A site plan drawn
TABLISH STANDARDS AND (Maximum gross floor bead anual tonin dis[rictt, thq to tale showing ilia Ilow
REGULATIONS FOR LIM- of 2,000 sq.IiJ Planning Commission or and location of parking and
ITED NEIGHBORHOOD building footprint.
a Hair salons iththecom design
a lam review i . Elevation drawings
COMMERCIAL USESIALC barber shops wird the design we'm ants of of all $Itles of the structure STATE OF ARKANSAS
WITHIN RESIDENTIAL DIS- ;here (3) or fewer licensed proposed new stru tures ,�—
TRICTSASACONDI- operators. and remodeled atructuraS'6ntl Proposed3Maters I Ss.
TIONAL USE. 3 . Material sample (`
b. Tailoring The Planning Commissigr�.bnnand ndlcatin t County of Washington
WHEREAS. the City c. $hoe Repair Shall evaluate the desigo-Cf+i. 9 type of ma-I
wishes to implement the a cal and colors to be used
d. Dry Cleaning the proposed structure wit (p
tom Plan's policies and he a. Da Care regard to ad act antl s r• ,1 he exterior of the build-' /nl hereb cer-
comlion of ions with the ^, Specialized retailrounding residential stru�rR, I, � �� 1'� y
'atloption of new standards aures specifically addressing 4. A landscape plant tify that I am the publisher of THE NORTHWEST ARKANSAS TIMES, a daily
and regulations for the in gross floor 'residential design elements,(plan view), showing the Io-i
'tegra[ion of limited neigh- area of 3.000 sq.it.) las listed below. cation of an proposed land- newspaper having a second class mailing privilege, and being not less than four pages of
pithead commercial uses a. Antique shops a. Building massing.scalping, size of plant macer- I five columns each, published at a fixed place of business and at a fixed (daily) intervals
within residential zoning b. Bicycle shops ' !(height, width. and. bulk of ial, and species.
districts: and. c Gift stores structures, type and angle ^ Section 7. Severabll•I continuously in the City of Fayetteville, County of Washington, Arkansas for more than
WHEREAS , the City tL Flower shops of root line), projections. ItY. Should any paragraph, a period of twelve months, circulated and distributed from an established place Of business
recognizes the importance e. Book stores and materials. Existing and section, clause, phrase, or
Of regulating the design, L Craft and hobby proposed structures shah in- part of this ordinance, for to subscribers and readers generally of all classes in the City and County for adefmiteprim
size, scale, landscaping, stores corporate similar residential any reason, be held Invalid, for each co d rice rannum, which rice was fixed at what is considered the
screening and-location of g. Stationery design elements such as such decisions shall not at- copy, fixeP P
4RnUed neighborhood tom- In. Bakens value widths, heights.lfect [he validity of the ra- value of the publication, based upon the news value and service value it contains, that at
marital users within resided- i. Delicatessen roofs, and building shapes malning provisions of this least fifty percent of the subscribers thereto have paid cash for their subscriptions to the
Leal dist HE and. I Grocery stores found within the neighbor.
WHEREAS. the City k. Owner occupied hood 9 ordinance and the applica-1, newspaper or its agents or through recognized news dealers over a period of at least sit
�islias to address the po. "n'onno and pop" scores tion of those provisions to'
'tt�,y( aavar$a impacts or 1. small appliance b. Location and any personor circumstance months; and that the said newspaperpublishes an average of more than forty percent news
a�I#Mng limited noighbor- repair shops 'Idavgn of off-street parking sh all not be affected matter.
areas, utility equipment, and thereby.
hood commercial uses M. Hardware stores ,trash andOtures. Placemenil
within residential districts ^. Coffee shops ' PASSED AND AP-
by the adoption of Stan- o Restaurants of the parking areas or lots. PROVED this 16th day of
motility. equipment, and trash I further certify that the legal notice hereto attached in the matter of
AP-
dards and regulations [o aR Drug stores enclosures shall be de- May, 1995.
low thaw types of uses ass P¢ 7, 09892 - signed to have minimal vis-I APPROVED: / \n O i �� �� 2 O
aconditlonal use. 3. Professional Offices ual impact to adjacent _pro By Fred Hanna, vlC" J
NOW, THEREFORE. (Maximum o44 profession- arty owners and to tli e' Mayor I
BE IT ORDAINED BY THE aIs and maximum gross street. Screening of the- ellATTEST
CITY COUNCIL OF THE floor are of 3.000 sq. ft ) elemenis may be accom- BY_Traci Paul. °-tyclerk'- - was published in the regular daily issue of said newspaper for
CITY OF FAYETTEVILLE, Examples of professionallP pterion s,
ARKANSAS: offices are listetlbelow: ; waslsearchitettural features, consecutive insertions as follows:
Section o Section - a. Doctor's office andlor fencing. 1 �. • '
Lison,, o Use Conditions: b. Dentists c Location and use ) � � dayof l9�
Listing, of the Coda of Fay- c. Insurance sales of yard areas . Structures The first Insertion on the
e[tavala rs hereby amended d. Welfare agency shall be located on the site
to add to the listing -Lim- e: Architect to achieve similar residen;tali
ited Neighborhood Commer - `�!• Engineer
g g. Attorney yard areas and setbacks the second insertion on the day of 19
,cal Users within Residential Y within the neighborhood.
Distdc$,- h. Accountant 0. Ratio of land-
Sectlon 2. Chapter '. Business or man- Seeped area to areas cov- the third insertion on the day of 19
16Q. Zoning Code. of [h9ageman[ ��gqn, aratl by impervious surfaces
satant '
Coda of endoFayetaville is 6 Realribr within the neighborhood..
hereby 'amended to add k. Broker Site plans shall be designed
standartls and regulations I. Interior decorator [o maximize unpavetl open and the fourth insertion on the day of 19
for "Ltm «ed Neighborhood m . Veterinary small to maas imine site,
ComnlerC, a1 Uses within animal. outpatient thLocation, scala
Residential Districts". clinice.
and design of signing. One
Limited Neighborhood 4, Studios for (Maxi- Iwa11 sign shall be allowed
Commercial Uses Within drum gross floor area ofwitha maximum area of (j f (� C I �J
Residential Districts, 3.000 sq. ft.) (� V G Y
a Art ' four square feet. The color)
A. Purpose. These of the sign shall ba compat- Publisher / GenemlMagager
regulations are jnential to b. Ounce ible with the colors of the) g�
mitigate the potential etl- d. Music structure and only indirect; JUN 0 7 1995
verse ern mmet" ts associated d. Photography external lighting is allowed.
With commercial uses 5. Similar Uses. When L Proportion of
within residential areas by a use ,$ not specifically openings. Windows 'and
allowing limitetl neighbor- listed above, It shall be doors shall be similar to FINANCE DEPP,
hood commercial uses that understood that the use what is found on residennalf
are compatible in size, may be permitted as a con- structures.
scale, massing, and residen. ditional use If It is deter.
ors
Tial appearance with adjoin- mined
n by
use Is vm"n t o and textures Sao rials,buildings '
e and surrounding iced rash- . Use compatible materials.
borhol uses. mercia neigh other uses listed. In tlater-
be regal commercial uses mining "similarity" the City colors and textures similar)
are regulated in order to: Plan liar snail make all of to adjacent residential strut-
1 . Enhappearance
of e and regthe following findings: tures.
late the of a. The proposed use In. Outdoor lighting.
neighborhood rcommercial meets the purpose of this Any proposed outdoor Ilghe
uses within residential djarea, ordinance and the goals and ins shall l ca ieltletl. The I ��
rt Protect a peons policies of the General Plan: Ing ht ll b location of light-I Swom to and subscribed before me on this day of
properties from the paten- b. The Proposedslyimpact
use Ing shall ht designed to mi- ^/Y /�
tial adverse impacts assn- shall not adversely impact nimga light spread into ad-
elated
ll J YUUU II(n� C�1 Q
uses adjacent with commercial tee public health, sof may latent properties antl snail 19 �
uses straito residences and general welfare of Ilia be turned alt at business
such as traffic, noise. ge neighboring residents: closing. _ ,t
ped eft, lighting, drainage, c. The prto the
use 3. The Planning
and effect of property shall be similar to the uses Commission shall have the ((((((((((((((!(! ! ! !
values. listed above considering authority to direct the place- !� �L -
Page 2ofOrdinance No. 7892 use intensity and merit of landscaping to but-' ( Cath
characteristics. - for adjacent properties from 3. PubhC, $tato Of Arkansas Notary Public
3. Provide areas for C. Conditions for AP_ adverse effects. owry
oft-street parking and $tor- proval. The uses listed D. Compliance with t WashingronCounty 1
age of motor vehicles that above may be allowed as a Zoning,Aegalrements. All My Commission Exp S. r
will be appropriate in size. Conditional use within res,- pew Of enlarged structures rM ly Commission Expires 01/27/05
location and scale within re- dential districts and shallshall comply with the non- ((((C((((((((C<(CC(CCC(CCCC(CCC((Cr
Sidenifal areas. meet the following condo- 'ng requirements including
4. Provide commercial tions. The Planning Com- but not limited to density,
uses that aro accessible for mission shall make findings height, building dv,du- coverage,
the convenience of infor each of the condmonsparking. and setbacks.l
als living In residential dis- below in additional to those Structures may combine re- I Ii '"7 2 "�
tricts. conditions found In 160. 195sidemial and Commercial i Fees for Printing $ '1 ( a • 30
5. Reduce the length "Conditions Governing Ap- uses subject to height, .set,
and number of trips gener- plications of Conditional backs, and density require. Cost of Proof $
ated by residential develop- Uses: Procedures " of the ments. Parking require.
ment Zoning Code. ments for the structure Total $ /�7 D- J?? c4-
B. Uses Allowed. I . The Proposed use.shall be the sum of the re-
Drive-through or drive-in es- shall not adversely affect socrtial and commercial
tablishments shall not be al- local traffic conditions on parking required.
lowed as a conditional use adjoining Streets, require E. Design Review and
under this use category' more than one curb cut per Application Submittal. Int I
The followina uses may be lot, or create greater noise addition to the conditional!
than a Perm•rt .d use with,muse application, the f011ow-