HomeMy WebLinkAboutOrdinance 4004 1
ORDINANCE NO. 4004
AN ORDINANCE AMENDING CHAPTER 160: ZONING, OF
THE CODE OF FAYETTEVILLE TO PROVIDE SITE
DEVELOPMENT STANDARDS AND CONSTRUCTION AND
APPEARANCE DESIGN STANDARDS FOR COMMERCIAL
STRUCTURES .
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS :
Section 1 . That Chapter 160: Zoning, of the Code of Fayetteville is hereby amended
to add the following:
SITE DEVELOPMENT STANDARDS AND CONSTRUCTION AND
APPEARANCE DESIGN STANDARDS FOR COMMERCIAL STRUCTURES .
A. PURPOSES.
1 . To protect and enhance Fayetteville's appearance, identity, natural, and
economic vitality.
2. To address environmental concerns which include, but are not limited to,
soil erosion, vegetation preservation, and drainage.
3. To protect and preserve the scenic resources distributed throughout the
city, which have contributed greatly to its economic development, by attracting
tourists, permanent and part-time residents, new industries, and cultural facilities.
4. To preserve the quality of life and integrate the different zones and uses
in a compatible manner.
5 . To address the issues of traffic, safety and crime prevention.
6. To preserve property values of surrounding property.
7. To provide good civic design and arrangement.
B. ZONING DISTRICTS. The standards set forth herein shall apply in the
following zoning districts, except as noted:
1 . R-O Residential-office
2. C- 1 Neighborhood Commercial
3. C-2 Thoroughfare Commercial
4. C-3 Central Commercial
Page 2
Ordinance No . 4004
5 . C-4 Downtown
6. I- 1 Heavy Commercial and Light Industrial
7. I-2 General Industrial
8. P- 1 Institutional
9. E- I Extraction
10. Any other zoning district when commercial, ,office, institutional and
industrial uses are allowed as a conditional use.
C. SITE DEVELOPMENT STANDARDS. The following site development
standards shall apply when either new development or expansion of of 25% of the existing
building square footage occurs.
1 . Landscaping. Landscaping is required as follows:
a. Landscaping General Provisions.
( 1 ) Landscaping shall be provided which is
sufficient to provide soil stability and suitable drainage.
(2) Trees, shrubs, ground cover and grass shall be the
primary source of landscaping and shall be placed and/or retained
in such a manner as to reduce runoff.
(3) The current property owner shall properly maintain all
landscaping and shall replace any landscaping that dies or is
damaged.
(4) Native vegetation should be used when possible in order
to minimize watering.
(5) Landscaping should attempt to incorporate existing on-
site trees and shrubbery.
(6) Providing outdoor spaces and places for people to gather
is encouraged.
b. Landscaping Along Front Property Lines.
( 1 ) Landscaped Area Required. A 15' wide landscaped area
shall be provided along the front property line exclusive of right-of-
way. Entrance drives, exit drives and sidewalks are allowed to cross
the 15' landscaped area provided the integrity of the landscaped area
is maintained. Residential uses and zoning districts C-3 and C-4
shall be exempt from this requirement.
(2) Variance. The width of the landscaped area may be
reduced in front parking lots when the parking lot setback reduction
option is used pursuant to § 160. 117(G).
Page 3
Ordinance No . 4004
(3) Trees.
(a) Trees shall be planted in the 15' landscaped area
at a ratio of 1 tree per 30 feet of front property line and may
be planted together in groups. No group may count more
than 25% of the required number.
(b) Species selection shall be at the discretion of the
developer. However, species which are listed in the
Landscape Manual under the tree selection guide are
encouraged.
(c) Trees planted shall have a 2" caliper (diameter)
measured 6" above ground level at the time of planting with
at least 50% with an expected mature height of 60' or more.
In cases of existing overhead power lines, trees shall be
planted that will not interfere with existing power lines.
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(d) Each tree shall have a minimum of 100
square feet of permeable surface located under the
potential canopy of the tree. Paving blocks, bricks,
and iron and plastic grates may be used over the tree
root system to allow air and water into the root
system.
Page 4
Ordinance No . 4004
2. Screening for Commercial Buildings and Development.
a. Screening shall mean a view obscuring fence, view obscuring
berm, view obscuring architectural treatment, or view obscuring vegetation,
or a combination of the four, of sufficient height to prevent the view of the
screened items from vehicular and pedestrian traffic on adjacent streets and
from residential property. Vegetation shall be planted at a density sufficient
to become view obscuring within two years from the date of planting.
b. Mechanical and utility equipment, trash enclosures, and outdoor
storage of material and equipment shall be screened if visible from the
highway/street right-of-way or from residential property as set forth below:
( 1 ) Mechanical and Utility Equipment. All mechanical and
utility equipment located on the wall and/or on the ground shall be
screened. All roof-mounted utilities and mechanical equipment
shall be screened by incorporating screening into the structure
utilizing materials compatible with the supporting building.
Mechanical and utility equipment over 30" in height shall meet
building setbacks. (Cross Reference § 160.035 through § 160.047.)
(2) Trash Enclosures. Trash enclosures shall be screened
with access not visible from the street.
(3) Gutdoer Stefage of Material and Equipment. E)utdoar
SECTIOnI 3 _ . starage of material and equipment shall be sereened. Gtitdoor
hAWAGIZAPH 2 (b) 3 storage shallinelude itemsf.._ r-ent sale other
than autefnebile�—
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SEE ATTACHEb LEITER.
3 . Fences. The following types, height, and location of fences shall be
prohibited:
(a) Razor and/or Barbed Wire. Razor and/or barbed wire fences are
prohibited if visible from the street right-of-way or a residence unless and
except barbed wire fences used for agricultural purposes.
(b) Chain Link. Chain link fence is prohibited if closer to the street
than the front of the building in zoning districts C- 1 , C-2, C-3, C-4 and R-
O. Residential uses are exempt from this requirement.
(c) Height of Fences in Front of Buildings. Fences located in front
of the primary structure may be solid up to 30" in height. Any part of a
fence which exceeds 30" in height shall not obstruct the view of the primary
structure from the right-of-way.
4. Site Coverage. A maximum of 85% of the development site may be
covered by the ground floor of any structure, parking lots, sidewalks, and private
Page 5
Ordinance No . 4004
streets and drives or any other impermeable surface. Zoning districts C-3, C-4 and
the design overlay district are exempt from this requirement.
5. Driveways. Shared drives and cross access between properties shall be
encouraged to developed and undeveloped adjoining properties, except in C-3 and
C-4 zones.
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D. DESIGN ELEMENTS GUIDELINES FOR COMMERCIAL
STRUCTURES.
1 . The elements to avoid or minimize include:
(a) Unpainted concrete precision block walls.
(b) Square "boxlike" structures.
(c) Metal siding which dominates the main facade.
(d) Large blank, unarticulated wall surfaces.
(e) Large out of scale signs with flashy colors.
SILN OUT Or SCALe
WITH DUIUILDIN4
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/V^ `✓ OWLOINL FAGAO6
UNPAINTCO CONCRCTD SOUARG DO% LIKG
DLOCK W�ALL /T STRUOTURC
Page 6
Ordinance No . 4nn4
2. Construction and Appearance Design Standards for Commercial Structures.
a. A commercial structure or development shall be designed to
avoid or minimize the elements set forth in D. 1 above.
b. A commercial development which contains more than one
building should incorporate a recurring, unifying, and identifiable theme for
the entire development site.
c. A development should provide compatibility and transition
between adjoining developments.
E. DESIGN REVIEW.
1 . The following drawings, information, and plans shall be submitted to the
Planning Commission for design review and approval with large scale development
applications, when applicable; or, submitted to the planning division for design
review and approval with, or prior to, building permit applications for non-large
scale development.
(a) Rendered elevation drawing of main facade at 1/16" to 1 ' (min.)
scale showing adjoining context and a description of external building
materials.
(b) Proposed landscaping to be used as screening shall be shown on
the tree preservation plan or site plan.
2. Upon approval of a large scale development or issuance of a building
permit, build-out of the project shall conform to the drawings, information, and
plans approved.
(a) Amendments to the drawings, information and plans shall be
submitted to the planning division. Amendments which are determined to
be insignificant or minor may be approved by the planning division.
Significant amendments shall be approved by the Planning Commission
when approval was given through the large scale development process or
by the planning division when approval was given through the building
permit process.
(b) Amendments shall be considered using the same standards as
the initial design approval.
(c) Failure to build-out the project according to the approved
drawings, information and plans or approved amendments thereto shall
render the large scale development approval or the building permit approval
void.
3 . Appeal from the decisions of the planning division shall be to the
Planning Commission. Appeal from the decision of the Planning Commission shall
be to the City Council.
Page 7
Ordinance No . 4nn4
F. VARIANCES.
1 . Requests for variances from site development or construction and
appearance design standards shall be in writing and shall be submitted along with
the large scale development or building permit application, whichever is required.
Such request shall demonstrate:
a. That special conditions or circumstances exist that are not
applicable to other lands, structures, or buildings such that a literal
interpretation of the ordinance would result in an undue hardship, and that
the special conditions or circumstances do not result from the actions of the
applicant, or
b. That requirements for exterior appearance and building materials
should be varied in whole or in part to encourage rehabilitation or
remodeling of an existing structure.
2. The Planning Commission shall grant the minimum variance required
to make possible the reasonable use of the land, building, or structure, provided that
such variance will be in harmony with the general purpose and intent of the
ordinance and will not be injurious to the neighborhood or otherwise detrimental
to the public welfare.
3. With respect to building permit applications, written requests for waivers
from design review may be submitted along with the application demonstrating
such review would constitute an undue burden given the size of the project.
Section 2. 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 circumstances shall not
be-affected thereby.
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A. ;
( = APS SEDAND APPROVED this 15th day of October , 1996.
APPROVE
L6--
^ i' red Hanna, Mayor
ATTEST:
By:
Traci Paul, City Clerk
FAYETTEVILLE
THE MY OF FAYETTEYILLC ARXANSAS
October 21 , 1996
Traci Paul
City Clerk
City of Fayetteville
Fayetteville AR 72701
Dear Madam Clerk :
Pursuant to my authority as Mayor of the City of Fayetteville , I
hereby exercise the mayor ' s power of veto to veto the following :
Sect . 3 , Paragraph 2 ( b ) 3 . of " An ordinance amending Chapter 160 :
Zoning , of the Code of Fayetteville to provide site development
standards and construction and appearance design standards for
commercial structures . "
This ordinance ( commonly referred to as the Commercial Design
Standards Ordinance ) was unanimously approved by the Fayetteville
City Council at its Oct . 15 , 1996 , regular meeting . While I agree
with the spirit and intent of the ordinance as a whole , I have
concerns about Sect . 3 , Paragraph 2 ( b ) 3 . I am exercising my power
of veto to give the Council a chance to reconsider and clarify
this part of the ordinance if they so desire .
As you know several members of the Council expressed concerns
about this section Oct . 15 , and it was my impression that they
desired to look further at it . It is my purpose in vetoing this
section to give the council that opportunity and to consider
whether or not this issue would be better addressed and clarified
in a separate ordinance or resolution .
Sect . 3 , Paragraph 2 ( b ) 3 states : " Outdoor storage of material and
equipment shall be screened . Outdoor storage shall include items
for rent or sale other than automobiles and similar vehicles .
Storage shall mean that the items are located outside for more
than 48 hours . "
113 WEST MOUNTAIN 72701 601 621-7700
FAX 601.6764267
f
Page 2
I believe this section is vague and , unless clarified and made
more specific , could lead to difficulty in interpretation and
enforcement . Sometimes there is a fine line between storage and
display .
For instance , there are a number of items typically found
outdoors at commercial businesses that could properly be
considered " display " rather than " storage " - such as lawn
furniture , nursery items ( including trees , plants , flowers ,
garden timber and yard ornaments ) , playground equipment , swimming
pools , tombstones , boats , trailers , tractors , mowers . Many of
these items could be considered displayed for the purpose of
comparing products for sale rather than as " stored " outside .
I am therefore vetoing this section of the ordinance to allow the
Council to reconsider if they choose to do so .
Please cause this veto to be laid before the next regular meeting
of the Fayetteville City Council as the law requires .
Sin rel
red Hanna
Mayor
FH/ lb
cc : Fayetteville City Council members
Jerry E . Rose , City Attorney
Dp Northwest ArLa 15 Toes, Fri., Nov. 15, 1996
O Fa)<aeville, Arkansas
ORDINANCE NO , 4004
AN ORDINANCE AMENDING CHAPTER 160: ZONING, OF THE CODE
OF FAYETTEVILLE TO PROVIDE SITE DEVELOPMENT STANDARDS
AND CONSTRUCTION AND APPEARANCE DESIGN STANDARDS
FOR COMMERCIAL STRUCTURES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 : That Chapter 160: Zoning, of the Code of Fayetteville is hereby amended to add the following:
SITE DEVELOPMENT STANDARDS AND CONSTRUCTION AND
APPEARANCE DESIGN STANDARDS FOR COMMERCIAL STRUCTURES.
A. PURPOSES.
1 . To protect and enhance Fayetteville's appearance, identity, natural, and economic vitality.
2. To address environmental concerns which include, but are not limited to, soil erosion, vegetation preservation, and drainage.
3. To protect and preserve the scenic resources distributed throughout the city, which have contributed greatly to its economic
development, by attracting tourists, permanent and part-time residents, new industries, and cultural facilities.
4. To preserve the quality of life and integrate the different zones and uses in a compatible manner.
5. To address the issues of traffic, safety and crime prevention.
6. To preserve property values of surrounding property.
7. To provide good civic design and arrangement.
B. ZONING DISTRICTS. The standards set forth herein shall apply in the following zoning districts, except as noted:
I. RIO Residential Office
2. C- 1 Neighborhood Commercial ss,�] p
3. C-2 Thoroughfare Commercial R `�I I v 5. ir'
4. C-3 Central Commercial
5. C-4 Downtown DEC 0 5 1996
6. 1- 1 Heavy Commercial and Light Industrial
7. I-2 General Industrial
8. P- 1 Institutional FINANCE DEPT.
t
9. E- 1 Extraction
10. Any other zoning district when commercial, office, institutional and industrial uses arc allowed as a conditional use.
C. SITE DEVELOPMENT STANDARDS. The following site development standards shall apply when either new development of expansion of
25% of the existing building square footage occurs.
I . Landscaping. Landscaping is required as follows:
a. Landscaping General Provisions.
(1 ) Landscaping shall be provided which is sufficient to provide soil stability and suitable drainage.
(2) Trees, shrubs, ground cover and grass shall be the primary source of landscaping and shall be placed and/or retained in such
a manner as to reduce runoff.
(3) The current property owner shall property maintain alllandscaping and shall replace any landscaping that dies or is
damaged.
(4) Native vegetation should be used when possible in order to minimize watering.
(5) Landscaping should attempt to incorporate existing on-site trees and shrubbery.
(6) Providing outdoor spaces and places for people to gather is encouraged.
b. Landscaping Along Front Property Lines.
( 1 ) Landscaped Amu Required. a 15' wide landscaped area shall be provided along the front property line exclusive of right-of-
way. Entrance drives, exit drives and sidewalks arc allowed to cross the 15' landscaped area provided the integrity of the
landscaped area is maintained. Residential uses and zoning districts C-3 and C-4 shall be exempt from this requirement.
(2) Variance. The width of the landscaped area may be reduced in front parking lots when the parking lot setback reduction
option is used pursuant to § 160. 117(G).
(3) Trees.
(a) Trees shall be planted in the 15' landscaped area at a ratio of 1 into per 30 feet of front property line and may he planted
together in groups. No group may count more than 25% of the required number.
,ter (b) Species selection shall be at the discretion of the developer. However, species which are listed in the Landscape
�+ Manual under the tree selection guide arc encouraged.
(c) Trees planted shall have a 2" caliper (diameter) measured 6" above ground level at the time of planting with at least
50% with an expected mature height of 60' or more. In cases of existing overhead power lines, trees shall be planted
�l that will not interfere with existing power lines.
w L� (d) Each tree shall have a minimum of 100 square feet of permeable surface located under the potential canopy of the tree.
Paving blocks, bricks, and iron and plastic grates may be used over the tree root system to allow air and water into the
root system.
2. Screening for Commercial Buildings and Development.
a. Screening shall mean a view obscuring fence, view obscuring berm, view obscuring architectural treatment, or view obscuring
vegetation, or a combination of the four, of sufficient height to prevent the view of the screened items from vehicular and
pedestrian traffic on adjacent streets and from residential property. Vegetation shall be planted at a density sufficient to become
view obscuring within two years from the date of planting.
b. Mechanical and utility equipment, trash enclosures, and outdoor storage of material and equipment shall be screened if visible
from the highway/street right-of-way or from residential property as set forth below:
( 1 ) Mechanical and Utility Equipment. All mechanical and utility equipment located on the wall and/or on the ground shall be
screened. All roof-mounted utilities and mechanical equipment shall be screened by incorporating screening into the
structure utilizing materials compatible with the supporting building. Mechanical and utility equipment over 30" in height
shall meet building setbacks. (Cross Reference § 160.035 through §160.047,)
(2) Trash Enclosures. Trash enclosures shall be screened with access not visible from the street.
3. Fences. The following types, height, and location of fences shall be prohibited:
a. Razor and/or Barbed Wire. Razor and/or barbed wire fences are prohibited if visible from the street right-of-way or a residence
unless and except barbed wire fences used for agricultural purposes.
b. Chain Link. Chain link fence is prohibited if closer to the street than the front of the building in zoning districts C- 1 , C-2, C-3, C-4
and R-O. Residential uses are exempt from this requirement.
c. Height of Fences in Front of Buildings. Fences located in front of the primary structure may be solid up to 30" in height. Any pan 1
of a fence which exceeds 30" in height shall not obstruct the view of the primary structure from the right-of-way.
4. Site Coverage. A maximum of 85% of the development site may be covered by the ground floor of any structure, parking lots,
sidewalks, and private streets and drives or any other impermeable surface. Zoning districts C-3, C-4 and the design overlay district arc exempt
from this requirement. I
_
5. Driveways. Shared drives and cross access between properties shall be o
encouraged to developed and undeveloped adjoining properties, except in C-3 andct
"
C-4 zones. o
D. DESIGN ELEMENTS GUIDELINES FOR COMMERCIAL STRUCTURES. `—'
I. The elements to avoid or minimize include: zaa '�( I
a. Unpainted concrete precision block walls. r I
T b. Square "box-like" structures. 0 0 ouo o[0
0._
c. Metal siding which dominates the main facade.
d. Large blank, unarticulated wall surfaces.
e. Large out of scale signs with flashy colors.
2. Construction and Appearance Design Standards for Commercial Structures.
a. A commercial structure or development shall be designed to avoid or minimize the elements set forth in D. 1 above.
b. A commercial development which contains more than one building should incorporate a recurring, unifying, and identifiable
theme for the entire development site.
. c. A development should provide compatibility and transition between adjoining developments.
E. DESIGN REVIEW.
I . The following drawings, information, and plans shall be submitted to the Planning commission for design review and approval with large
scale development applications, when applicable; or, submitted to the planning division for design review and approval with, or prior to,
building permit application for non-large scale development.
a. Rendered elevation drawing of main facade at 1/16" to I ' (min.) scale showing adjoining context and a description of external
building materials.
b. Proposed landscaping to be used as screening shall be shown on the tree preservation plan or site plan.
2. Upon approval of a large scale development or issuance of a building permit, built-out of the project shall conform to the drawings,
information, and plans approved.
a. Amendments to the drawings, information and plans shall be submitted to the planning division. Amendments which are
determined to be insignificant or minor may be approved by the planning division. Significant amendments shall be approved by
the Planning Commission when approval was given through the large scale development process of by the planning division when
approval was given through the building permit process.
b. Amendments shall be considered using the same standards as the initial design approval.
c. Failure to build-out the project according to the approved drawings, information and plans or approved amendments thereto shall
render the large scale development approval or the building permit approval void.
3. Appeal from the decisions of the planning division shall be to the Planning Commission. Appeal from the decision of the Planning
Commission shall be to the City Council.
F. VARIANCES.
1 . Requests for variances from site development or construction and appearance design standards shall be in writing and shall be submitted
along with the large scale development or building permit application, whichever is required. Such request shall demonstrate:
a. That special conditions or circumstances exist that are not applicable to other lands, structures, or buildings such that a literal
interpretation of the ordinance would result in an undue hardship, and that the special conditions or circumstances do not result
from the actions of the applicant, or
b. That requirements for exterior appearance and building materials should be varied in whole or in part to encourage rehabilitation
or remodeling of an existing structure. '
2. The Planning Commission shall grant the minimum variance required to make possible the reasonable use of the land, building, or structure,
provided that such variance will be in harmony with the general purpose and intent of the ordinance and will not be injurious to the
neighborhood or otherwise detrimental to the public welfare.
3. With respect to building permit applications, written requests for waivers from design review may be submitted along with the application
demonstrating such review would constitute an undue burden given the size of the project.
Section 1: Should any paragraph, section, clause, phrase, or pan 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 circumstances shall not be affected thereby:
P ' Ep AND APPROVED thisday of October 1996. `�
APPROVED:
By:
Ae
ATTEST: J,��` ,/') Fred Hanna, Mayor
Traci Paul, City Clerk