HomeMy WebLinkAboutOrdinance 4100 i
ORDINANCE NO. 41 n n
AN ORDINANCE DELETING TITLE 15, LAND USAGE;
CHAPTER 118: SEXUALLY ORIENTED BUSINESS; AND
SECTIONS 98.01 , 98.02, 98.06 AND 98. 12 THROUGH 98.99;
STREETS AND SIDEWALKS; OF THE CODE OF
FAYETTEVILLE; AND ADOPTING THE UNIFIED
DEVELOPMENT ORDINANCE.
WHEREAS, A.C.A.§ 14-55-207 authorizes a municipality to adopt by reference technical
codes and regulations without setting forth the provisions of the code; and,
WHEREAS, three copies thereof are filed in the office of the City Clerk for inspection and
view by the public prior to the passage of said ordinance; and,
WHEREAS, notice the public by publication in a paper of general circulation within
Fayetteville has been given stating that the copies of the Unified Development Ordinance are open
to public inspection prior to the passage of this ordinance adopting said code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FAYETTEVILLE, ARKANSAS:
Section 1 . That Title 15, Land Usage; Chapter 118, Sexually Oriented Business; and
Sections 98.01 , 98.02, 98.06, and 98. 12 through 98.99; Streets and Sidewalks, of the Code of
Fayetteville are hereby deleted.
Section 2. That the Unified Development Ordinance attached hereto as Exhibit "A" and
made a part hereof is hereby adopted by reference.
Section 3. Said Unified Development Ordinance shall be codified in substantially the
same form as shown in the attached Exhibit "A".
PASSED AND APPROVED this 16th day of .Tune , 1998.
APPROVED:
By: /Wjhoro��
Fled Hanna, Mayor
ATTEST:
By: : „ _
Heather Woodruff, City C erk ='?:'> :�=+-� 1�t. .•
;*2. .
�bprd .
MICROIFILWE
STATE OF ARKANSAS I
SS.
County of Washington
ORDINANCE NO. 4M I, RANDALL COPE, hereby certify that I am the publisher of THE
AN ORDINANCE DELETING NORTHWEST ARKANSAS TIMES, a daily newspaper having a second
TITLE 15, LAND USAGE; class mailing privilege, and being not less than four pages of five
CHAPTER 118: SEXUALLY columns each, published at a fixed place of business and at fixed (daily)
ORIENTED BUSINESS; AND
SECTIONS 98.01 , 98.02, 98.06 intervals continuously in the City of Fayetteville, County of Washington,
AND 98.12 THROUGH 98.99; Arkansas for more than a period Of twelve months, Circulated and
STREETS AND SIDEWALKS;
OF THE CODE OF FAYETTE- distributed from an established place Of business to subscribers and
VILLE: AND ADOPTING THE readers generally of all classes in the City and County for a definite price
UNIFIED DEVELOPMENT OR-
DINANCE. for each copy, or a fixed price per annum, which price was fixed at what
is considered the value of the publication, based upon the news value
authorizes a municipallityity tto
WHEREAS, A.C.A. §14and service value it contains, that at least fiftypercent of the subscribers
o
adopt by reference technical thereto have paid for their subscriptions to the newspaper or its agents
codes and regulation without over a
setting forth the provisions of or through recognized news dealers period of at least six months
the code; and, and that the said newspaper publishes an average of more than forty
WHEREAS, three copies there-
percent news matter.
of are filed in the office of the
City Clerk for inspection and
view by the publicdi to the
passage of said ordinance; I further Ify that the legal notice attached in the matter of
WHEREAS, notice the public
by publication in a paper of I
general circulation within Fayet- wasre ublished in the regular daily issue of said r for
teville has been given stating P g y newspaper
that the copies of the Unified consecutive insertions as fo IOwS:
Development Ordinance are ('�
open to public inspection prior X
to the passage of this ordi-
nance
The first insertion on the day of 19
adopting said code.
NOW, THEREFORE, BE IT the second insertion on the day of 19
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF the third insertion on the
FAYETTEVILLE, ARKANSAS: day Of 19
Section 1 That Title 15, Land and the fourth insertion on the day of 19
Usage; Chapter 118, Sexually
Oriented Business; and Sec-
tions 98.01 , 98.02, 98.06, and
98. 12 through 98.99; Streets
and Sidewalks, of the Code of
Fayetteville are hereby deleted. Pub1 a General7ManagerSection 2. That the Unified De-
velopment Ordinance attachedhereto a Exhibit `re antl madeSwom to and subscribed before me on this /a pan hereof is hereby adopted
by reference. M /'}
Section 3. Said Unified Devel- J " ' � 19
opment Ordinance shall be co-
dified in substantially the same
form as shown in the attached
Exhibit "A".
PASSED AND APPROVED1l; awl�� r Notary Public
this 16th day of June, 1998. >r Notary Public, State of Arkansas ,
My Commission Expire: - ,
APPROVED:
), MV Commission Expires 02/27/05 '
By: Fred Hanna, MayorC(<C(CCtt[C(CX�1
ATTEST: Fees for Printing ... . ....... ....... ..... ... . .... . ... ... .. ... ....$ U I . L ( J
By; Heather Woodruff, City . .............. .. ....... ..... ..... ... ............ ... .$
Clerk Cost of Proof
Total.... ........ .. .... .. . .. ......... ... .. .... ... ..... ..... ... ... ......$
1 MICROIFILMED
1 C
�zaG 4// 00
1
1
TITLE XV :
UNIFIED
DEVELOPMENT
ORDINANCE
f
' Passed and Approved : Ordinance No. 4100
June 16, 1998
1
Taylle ®f Conteimt ADMINISTRATIVE REGULATIONS
16F11'
ZONING
EVELOPMENT
1
REE PROTECTION AND PRESERVATION
1 ,
�-
FLOOD DAMAGE PREVENTION CODE
' HYSICAL ALTERATION OF LAND
•
TORMATER MANAGEMENT, DRAINAGE
EROWSION CONTROL
TREETS AND SIDEWALKS
•
' ARKING AND LOADING
UILDING REGULATIONS & INSPECTIONS
IGNS
' OBILE HOMES
INDEX
®AIfVPBV READY INDEX' INDEXING SYSTEM
1
TITLE XV:
UNIFIED DEVELOPMENT ORDINANCE
(DIVIDER 1 : ADMINISTRATIVE REGULATIONS]
CHAPTER 150: General Provisions Page I § 155.07 Appeals from Board of Sign
Appeals
§ 150.01 Title § 155.08 Appeals to the Housing Board
§ 150.02 Purpose
' § 150.03 Authority CHAPTER 156: Variances Page 44
§ 150.04 Jurisdiction
§ 150.05 Relationship to Previous § 156.01 General Requirements
Development Ordinances § 156.02 Zoning Regulations
'
§ 150.06 Relationship to Other § 156.03 Development
Provisions of the Code of § 156.04 Stormwater, Drainage and
Fayetteville Erosion Control
§ 150.07 Conflicts § 156.05 Sign Regulations
§ 150.08 Rules of Construction § 156.06 Airport Zone
§ 150.09 Headings/Catchlinesof
Sections CHAPTER 157: Notifications and Public Hearings
§ 150. 10 No Warranty Implied Page 53
§ 150. 11 Compliance § 157.01 General Requirements/
§ 150. 12 Penalty Information
§ 150. 13 Severability § 157.02 Development
§ 157.03 Zoning
' CHAPTER 151 : Definitions Page 6 § 157.04 Conditional Uses
§ 157.05 Vacation of Streets, Alleys,
CHAPTER 152: Administration Page 30 Rights-of-Way and Easements
§ 157.06 Appeals of Staff Decisions/
' CHAPTER 153: Enforcement Page 31 Interpretations
§ 157.07 Mobile Homes and Mobile
§ 153.01 Complaints Home Parks
§ 153.02 Right of Entry and
' Inspection CHAPTER 158: Bonds and Guarantees Page 59
§ 153.03 Liability
§ 153.04 Notice of Violation § 158.01 Guarantees in Lieu of Installed
' § 153.05 Emergencies Improvements
§ 153.06 Remedial Work § 158.02 Excavation in Public Rights-of-
§ 153.07 Stop Work Order Way
§ 153.08 Miscellaneous Remedies § 158.03 Maintenance
' § 153.09 Appeals - § 158.04 Grading
§ 153. 10 Penalty § 158.05 Off Site Improvement/Delays
§ 158.06 Sidewalks
CHAPTER 154: Amendment Page 37
t CHAPTER 159: Fees Page 62
§ 154.01 CityCouncil
§ 154.02 Planning Commission § 159.01 Fees/Schedule
§ 154.03 Private Parties/Zoning
' Amendment
CHAPTER 155: Appeals Page 40
'
§ 155.01 Circuit Court
§ 155.02 Form/Time/Place
§ 155.03 Stay
§ 155.04 Alderman Appeal on Behalf
' of Resident
§ 155.05 Appeals from Planning
Commission Decisions
§ 155.06 Appeals from Staff
' Interpretations/Actions
TITLE XV :
UNIFIED DEVELOPMENT ORDINANCE
' CHAPTER 150 :
GENERAL PROVISIONS
' §150.01 TITLE. This title shall be known Art. 1 , §A; Ord. No. 1750, 7-6-70; Code 1991 ,
and may be cited as the Unified Development § 158.02; Code 1965, § 17B-14; Ord. No. 1893,
Ordinance, Code of Fayetteville, and may be 12-19-72; Code 1991 , § 160.001 ; Code 1965,
' cited and abbreviated as "UDO." App. A, Art. 13 ; Ord. No. 1747, 6-29-
70)(Code 1991 , 158.02; Code 1965 § 17B- 14;
§150.02 PURPOSE. The UDO is adopted Ord. No. 1893 , 12- 19-72)
' for the purpose of implementing the General
Plan and any other plans or policies adopted §150.03 AUTHORITY. The provisions
or amended by the City Council, in a manner contained in the UDO are adopted pursuant to
' that furthers the health, safety and general the authority conferred on the City by the
welfare of the people of the community and to General Assembly of the State of Arkansas
provide uniform standards for the A.C.A. § 14-54-103, General Powers of Cities
' development of land and the installation of and Towns; A.C.A. § 14-54- 104, Additional
related improvements. The UDO sets forth Powers of Cities of the First Class; and
the procedures, requirements and minimum A.C.A. Title 14, Chapter 56, Municipal
' standards intended to promote an appropriate Building and Zoning Regulations - Planning;
mix of land uses in an orderly manner, as amended.
enhance aesthetic quality, moderate street
' congestion, secure safety from events such as (Code 1991 , § 159.02; Code 1965, App. C,
fire, flood, erosion and landslides, prevent Art. I, §B; Ord. No. 1750, 7-6-70)
overcrowding of land, provide adequate light
' and air, and provide for circulation, recreation, §150.04 JURISDICTION. The City's
and other public services and facilities. The planning jurisdiction is the area within the
UDO provides for, but is not limited to, corporate boundaries as well as the area
' development of land uses which protect described in the planning area boundary
established neighborhoods, and commercial description as filed with the City Clerk and
and industrial districts; allows compatible Washington County Circuit Clerk's office.
' infill of established areas; provides flexibility Such planning area boundary description may
for mixing of uses to achieve traditional be modified from time to time in accordance
neighborhood developments; protects with A.C.A. § 14-56-413 .
significant environmental resources; and
makes a livable community. (Code 1991 ,§ 159.03; Ord. No.3895,§ 1 ,6-
20-95 ; Code 1991 ,§ 163 .04(A); Code 1965,
(Code 1991 , § 159.01 ; Code 19f :,, App. C. App. C, Art. I, §C; Ord. No. 1750, 7-6-70)
' - 1 -
1
§150.05 RELATIONSHIP TO PRE- another section of the UDO, the most stringent '
VIOUS DEVELOPMENT ORDINANCES, section shall apply.
The UDO shall be considered a restatement of '
previously adopted development ordinances C. UDO/General Plan . The
and not a new enactment unless otherwise regulations contained herein are adopted
specifically provided. Any situation which giving due consideration to the General Plan. ,
was considered nonconforming under the Thus, the requirements of the UDO shall take
ordinances previously in force does not precedence over the policies of the General
achieve lawful, conforming status under this Plan. Any conflict therewith should not be '
chapter merely by the repeal of the previous considered basis for challenge.
ordinances to enact the UDO. '
D. UDO/Private Agreements. The
UDO is not intended to abrogate any private
§150.06 RELATIONSHIP TO OTHER agreements: deed restrictions, covenants, '
PROVISIONS OF THE CODE OF easements or other private agreements, on the
FAYETTEVILLE. The use of buildings use of land. Where the UDO is more
and land shall be subject to all other restrictive or imposes higher standards than '
applicable provisions of the Code of the private agreement, the UDO shall control.
Fayetteville regardless of cross references Where the provisions of a private agreement
within the LIDO. Cross references to other are more restrictive or impose higher '
provisions of the Code of Fayetteville are for standards than the LIDO, the provisions of the
the convenience of the reader. Lack of a cross UDO shall be implemented and enforced by
reference shall not be construed as an the City and the private restrictions shall be '
indication that other provisions of the Code of implemented and enforced under the terms of
Fayetteville do not apply. the private agreement. Private agreements
shall not be enforced by the City. '
§150.07 CONFLICTS. E. A.C.A. Amendments. Whenever
any provision of the UDO refers to or cites a '
A. UDO/Other Code Requirements. section of the Arkansas Code Annotated
The provisions of the UDO shall be held to be ("A.C.A.") which is later amended or
minimum requirements. Where requirements superseded, the UDO shall be deemed '
of the UDO are at variance with other amended or superseded in accordance
requirements within the Code of Fayetteville, therewith.
the highest or most restrictive requirement ,
shall apply. (Code 1991 , § 150. 11 ; Code 1965, App. B,
§XII; Ord. No. 2697, 1-20-81); (Code 1991 ,
(Code 1991 , § 162. 12; Ord. No. 3699, § 13, 4- § 158.02; Code 1965, § 1713-14; Ord. No. 1893, '
20-93; Code 1991 , §158.02; Code 1965, § 17- 12-19-72)
B- 14; Ord. No. 1893, 12-19-72; Code 1991 ,
§ 160.001 ; Code 1965, App. A, Art. 13 ; Ord. '
No. 1 = 7, 6-29-70) §150.08 RULES OF CONSTRUCTION.
In the construction of the UDO, the following
UDO/UDO. Where a conflict rules shall be observed, unless the context '
ari ; :een one section of the UDO and clearly indicates otherwise.
-2 '
1
' A. City. The words `the City" I. Owner. The word "owner,"
or "this City" shall be construed as if the applied to a building or land, shall include any
' words ` of Fayetteville" followed it and part owner, joint owner, tenant in common,
include its several officers, agents and tenant in partnership, joint tenant, or tenant by
employees. the entirety, of the whole or of a part of such
' B. City Council. Whenever building or land.
the words "City Council" are used, they shall J. State. The words "the
' be construed to mean "City Council of the State" shall be construed to mean the "State of
City of Fayetteville". Arkansas".
' C. Computation of Time. K. Time. Words used in the
Whenever a notice is required to be given or present or past tense include the future as well
an act to be done, or in computing a certain as the present and past.
' length oftinne before any proceeding shall be
had, the day on which such notice is given, or
such act is done, shall not be counted in §150.09 HEADINGS/CATCHLINES OF
' computing the time. But the day of which SECTIONS. Headings and/or catchlines of
such procetffmg is to be had shall be counted. the several sections of the UDO are intended
as mere catchwords to indicate the contents of
' D. County. The words "the the section and are provided for the
County" yr "this County" shall mean the convenience of the reader. Headings and/or
"County of Washington". catchlines shall not be deemed or taken to be
' the titles of such sections, nor as any part of
E. Gender. A word importing the section. Nor, unless expressly so proved,
the masculine gender only shall extend and be shall they be so deemed when any of such
' applied to females and to firms, partnerships sections, including the catchlines, are
and corporations as well as to males. amended or reenacted.
' F Number. A word importing
the singular number only may extend and be §150.10 NO WARRANTY IMPLIED.
applied to several persons and things as well Nothing contained herein shall be construed or
' as to one person and thing. interpreted to constitute a warranty by the City
of the compliance of any person or persons
' G. Oath. The word "oath" with the provisions of the UDO. No word,
shall be comstzued to include an affirmation in phrase, or paragraph contained herein shall be
all cases invAfich, by -law, an affirmation may interpreted or construed to waive that tort
' be substituted for an oath, and in such cases immunity as set forth under Arkansas law.
the words "swear" and "sworn" shall be
equivalent 'to the words "affirm" and (Code 1991 , § 163. 11 ; Ord. No. 3895, §6-20-
"affirmed". 95)
H. Or/ And. "Or" maybe §150.11 COMPLIANCE. Any parmit,
' read "and:' and "and" may be read "or" if the certifica etc., which is issued in comp.lance
sense requires it. with th , egulations set forth in this L' •O, is
_ -3.
issued only for the stated purpose. No other RESERVED '
use, arrangement, construction, etc. is
authorized. Any use at variance therewith '
shall be deemed a violation of this UDO.
(Code 1991 , § 160. 194; Code 1965, App. A, '
Art. 9(5); Ord. No. 1747, 6-29-70; Code
19915 § 159. 10; Code 1965 , App. C, Art. II;
Ord. No. 1750, 7-6-70) '
§150.12 PENALTY. '
Cross Reference: Enforcement, § 153 . 10;
General Penalty, § 10.99. '
§150.13 SEVERABILITY. If any section, '
paragraph, clause or part of the UDO is for
any reason invalid, such decision shall not
affect the validity of the remaining provisions '
of the UDO and the application of those
provisions to any person or circumstances
shall not be affected thereby. '
(Code 1991 , § 159.69) '
4 '
CHAPTER 151 :
DEFINITIONS '
Definitions. For the purpose of Title displayed are distinguished or characterized '
XV: Unified Development Ordinance, the by the depicting or describing of "specified
following definitions shall apply to the divider sexual activities" or "specified anatomical
sections, chapters, sections or subsections, areas
unless the context clearly indicates or requires
a different meaning. Adult Bookstore or Adult Video
Store. (Zoning) A commercial establishment '
Accessory Community Structures, whose principal business purpose is to offer
(Mobile Homes and Parks Opened or for sale or rental for any form of consideration
Expanded after 4-20-72) A structure or a any one or more of the following: Books, '
portion of a structure for commercial use that magazines, periodicals or other printed matter,
is located in a mobile home park and which is or photographs, films, motion pictures, video
intended solely for the convenience of the cassettes, or video reproductions, slides or ,
residents or occupants of the mobile home other visual representations which depict or
park. describe "specified sexual activities" or
Accessory Structures. (Mobile "specified anatomical areas". '
Homes and Parks Opened or Expanded after
4-20-72) Any structural addition to the Adult Cabaret. (Zoning) A
mobile home such as awnings, cabanas, nightclub, bar, restaurant, or similar '
carports, Florida rooms, porches, patio covers, commercial establishment which regularly
and similar additions. features:
Accessory Use or Structure. A. Persons who appear in a state of ,
(Zoning Regulations) A use or structure on nudity; or '
the same lot with, and of a nature customarily B . Live performances which are
incidental and subordinate to, the principal use characterized by the exposing of "specified
or structure. sexual activities" or "specified anatomical '
areas'; or
Active Open Space. (Development) C. Films, motion pictures, video
An area intended for rigorous activity such as cassettes, slides or other photographic ,
tennis, baseball, badminton, and other games reproductions which are characterized by the
requiring physical exertion. depiction of "specified sexual activities' or
"specified anatomical areas". '
Adult Arcade. (Zoning) Any place
to which the public is permitted or invited Adult Motion Picture Theater.
wherein coin-operated or slug-operated or (Zoning) A commercial establishment where, '
electronically, electrically, or mechanically for any form of consideration, films, motion
controlled image producing devices are pictures, video cassettes, slides, or similar
maintained to show images to five .or fewer photographic reproductions are regularly '
viewras at one time, and where the ii;•ages so shown, excluding those which are rated by the
6 '
' Motion Picture Association of America, which residential subdivision, apartment complex,
emphasize "specified sexual activities". industrial park, mobile home park, or
' shopping center, located at the entrance or
Adult Theaters. (Zonings) A theater, entrances of the area, and consisting of fence
concert hall, auditorium, or similar or wall or archway with letters or symbols
' commercial establishment, which regularly affixed thereto.
features persons who appear in a state of
nudity or live performances which are As-Graded (Physical Alteration of
' characterized by the exposure of "specified Land). The surface condition on completion
sexual activities" or "specified anatomical of grading.
areas".
' Banner. (Signs) Any sign printed or
Airport. ( Airport Zone) Fayetteville displayed upon cloth or other flexible
Airport. material, with or without frames.
Airport Elevation. (Airport Zone) Base Flood. (Stormwater
One thousand two hundred fifty-one feet Management, Drainage and Erosion Control)
' above mean sea level. The flood having a 1 % chance of being
equalled or exceeded in any given year, also
Alley. (Development) A minor public referred to as the 100 year storm event.
' way dedicated to public use for utility
easements and vehicle access to the back or Beacon. (Signs) A stationary or
the side of properties abutting a street. revolving light which flashes or projects
' illumination, single color or multicolored, in
Approach Surface. (Airport Zone) A any manner which is intended to attract or
surface longitudinally centered on the divert attention; except, however, this term is
extended runway centerline, extending not intended to include any kind of lighting
outward and upward from the end of the device which is required or necessary under
primary surface and at the same slope as the the safety regulations described by the Federal
approach zone height limitation slope. In a Aviation Agency or similar agencies.
plane the perimeter of the approach surface
coincides with the perimeter of the approach. Bed and Breakfast Facility.
(Zoning) A permanently owner occupied
Approach, Transitional, Horizontal private home with a maximum of five guest
' and Conical Zones. (Airport Zone) Those rooms furnishing temporary lodging and
zones as set forth in § 165 .01 . breakfast to paying customers.
' Approval. (Physical Alteration of Board of Adjustment. (Airport Zone)
Land) A written authorization by the City The Board of Adjustment established by
Engineer. Chapter 33.
' Area Identification Sign. (Signs) A Buildable Area. (Zoning) The
sign to identify a common area containing a portion of a lot remaining after required yards
group of structures, or a single structure on a hwe been reserved.
' minimum site of five acres, such as a
7
Building Official. (Building City Official, (Streets and Sidewalks)
Regulations) A city building inspector. The Mayor (or other official designated by the
Building Permit. (Mobile Homes and Mayor and authorized to issue the permits
Parks)(Mobile Homes and Parks Opened or granted hereunder) of the City.
Expanded After 4-20-72) A written permit '
issued by the enforcement officer permitting City Planning Commission. (Mobile
construction, erection, alteration, remodeling, Homes and Parks) (Mobile Homes and Parks ,
or repair of a mobile home park. Opened or Expanded After 4-20-72) That .
Commission created for the City by Chapter
Bulletin Board. (Signs) Any sign 33 . ,
erected by a charitable, educational or
religious institution or a public body, which is Club or Lodge. (Zoning) A building
erected upon the same property as said or portion of a building used by an association '
institution, for purposes of announcing events for the promotion of some common objective
which are held on the premises. excepting clubs the chief activity of which is
a service customarily carried on as a business. ,
Chief Administrator. (Building
Regulations) Mayor of the City of Collector Street, (Streets and
Fayetteville. Sidewalks) A street which in addition to '
serving abutting properties, intercepts minor
Chief Appointing Authority. streets, connects with community facilities
(Building Regulations) The City Council. and carries neighborhood traffic to the major ,
arterial street system.
Chief Building Official. (Building
Regulations) Inspection Division Director. Commercial Development. (Tree '
Protection and Preservation) Any
City. (Stormwater Management, development in an R-0, commercial or
Drainage and Erosion Control) The City of industrial zone and any conditional use in any
Fayetteville, including staff and elected other zone which permits activities usually
officials, or designee. conducted within an R-0, commercial or
industrial zone. '
City Engineer. (Stormwater
Management, Drainage and Erosion Control) Commercial Driveway. (Streets and
The City Engineer or his appointed Sidewalks) An entrance on public property '
representatives, including assigned staff or exit from any commercial, business, or
engineers, technicians and inspectors. public establishment adjacent to a public street
or highway. '
City of Fayetteville Landscape
Manual. (Tree Protection and Preservation) Co.nmercial Tree Pruner/Service.
A document having detailed instructions for (Tree Protection and Preservation) A person '
preparing tree preservation plans . and who performs work on trees for profit.
standards and specifications for tee
protection, planting, maintenance, and design, . C( :munity Storage Structure. '
(Mobile Omes and Parks Opened or
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Expanded after 4-20-72) A structure located
in a mobile home park for the convenience of
the residents to provide storage space for often
used outdoor equipment, furniture, tools and
other items which cannot be conveniently
stored in the typical mobile home.
Compact Automobile. (Parking and
Loading) Any vehicle less than six feet wide
and 15 feet long.
Compaction. (Physical Alteration of
Land) The densification of a fill by
mechanical means.
Company Flag. (Signs) A flag
identifying a business or an organization
where the flag is displayed.
Comprehensive Plan. (Development)
A long-range plan for the planning area
including plans for land use, streets and
community facilities.
Conditional Use. (Zoning) A use
permitted in certain zoning districts subject to
certain conditions imposed by the Planning
Commission after review of a development
plat.
Condominium. (Zoning) Two or
more single-family dwelling units constructed
in a series of attached units and submitted to
a horizontal property regime under A.C.A.§8-
13-102 et seq.
Conical Surface. (Airport Zone) A
surface extending outward and upward from
the periphery of the horizontal surface at a
slope of twenty -to -one for a horizontal
distance of 4,000 feet.
Construction Permit. (Stormwater
Management, Dr. l age and Erosion Control)
Stormwater . gement, Drainage and
-9-
Erosion Control Permit issued by the City to
an entiiy with the legal ability to construct the
stormwater management system in accordance
with the approved system design and permit
conditions.
Construction. (Stormwater
Management, Drainage and Erosion Control)
Any on -site activity that would result in the
creation of a new stormwater management
system, including the building, assembling,
expansion modification, or alteration of the
existing contours of the property; the erection
of buildings or other structures, any part
thereof; or land clearing.
Contour Intervals. (Development)
Topographic map lines connecting points of
equal elevations.
Controlled Access Highway. (Signs)
Any state or federal numbered highway
designated by ordinance as a controlled access
highway by the City Council.
Cribbing. (Physical Alteration of
Land) A framework of bars for support or
strengthening.
Cut. (Physical Alteration of Land)
The same thing as an excavation.
Dance Hall. (Zonings) Any building,
premises, pavilion, or place of business
wherein dancing is permitted, conducted or
engaged in by the public in general, including
but not limited to private clubs as defined by
Ordinance and/or the laws of the state of
Arkansas, either for profit or not.
Dead -End Street. (Development) A
street having one end open to traffic and being
permanently terminated by a vehicular
turnaround.
I
Deeioduous Trees. (Physical Alteration
of Land) Trees that shed their leaves annuilly
small deciduous trees are no more than 40 feet
tall at maturity while large deciduous trees
exceed 40 feet in height at maturity.
Dedication. (Development) Land
and improvements offered to the City,
County, or State and accepted by them for
public use, control, and maintenance.
Department of Law. (Building
Regulations) The City Attorney.
Dependent Mobile Home. (Mobile
Homes and Parks) (Mobile Homes and Parks
Opened or Expanded, 4-20-72) A mobile
home which does not have a flush toilet and
bath or shower.
Detention. (Stormwater Management,
Drainage and Erosion Control) The collection
and temporary storage of stormwater with
subsequent gradual release of the stormwater.
Develop. (Physical Alteration of
Land) Permanently altering land by subjecting
it to grading, removal of vegetation, or
construction such as but not limited to
buildings, -parking lots, streets, and sidewalks.
Developer. (Stormwater Management,
Drainage -arid Erosion Control Regulations.)
Any person(s), parties, partnerships, or
corporations, private or public, engaging in
activities described as development.
Developer. (Development) Aperson,
firm or corporation undertaking to develop a
subdivision or large scale development as set
forth in the Development Regulations.
Derelopment. (Tree Protection and
Preservation) To mat :- physical change in
the use or appearanc< <.i ` The land, demolition
of a structure, the division of land into two or
more parcels, removal of trees and removal or
adding soil.
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Development. (Stormwater Manage-
ment, Drainage and Erosion Control
Regulations) To make a site or area available
for use by physical alteration. Development
includes, but is not limited to, providing
access to a site; clearing vegetation; grading;
earth moving; providing utilities and other
services such as parking facilities, stormwater
management and erosion control systems, and
sewage disposal systems; altering landforms;
or construction of a structure on the land.
Development shall also mean any of the
following:
A. Construction, installation,
alteration, demolition, or removal of a
structure, impervious surface, or stormwater
management system; or
B. Clearing, scraping, grubbing, or
otherwise removing or killing the vegetation
of a site; or
C. Adding, removing, exposing,
excavating, leveling, grading, digging,
dumping, or otherwise disturbing the soil or
rock of a site in a manner contrary to the
requirements of the Stormwater Management,
Drainage and Erosion Control Regulations.
Development. (Streets and Sidewalks)
Shall include, but shall not be limited to, the
construction of a new improvement, the
construction of an addition to an existing
improvement, or a parceling which results in
the need for access and utilities.
Development Plan. (Development)
A drawing showing all proposed
improvements to a piece of property such as
streets, parking lots, buildings, drives, signs,
utilities, drainage, grading and planting by
size and location.
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Development Site. (Physical
Alteration of Land) That portion of any lot or
parcel subjected to grading, removal of
vegetation, or construction such as, but not
limited to, buildings, parking lots, streets and
sidewalks.
Diameter Breast Height (DBH).
(Tree Protection and Preservation) The
diameter of a tree measured at a point four and
one-half feet above the ground. If a tree splits
into multi -trunks, the trunk is measured at its
narrowest point below the split.
Directional Sign. (Signs) A sign of
a noncommercial nature which directs the
reader to the location of public or educational
institutions, or to the location of historical
structures or areas, or the location of public
parks or buildings.
Display Surface Area. (Signs) The
net geometric area enclosed by the display
surface of the sign including the outer
extremities of all letters, characters and
delineations; provided, however, "display
surface area" shall not include the structural
supports for free standing signs; provided
further, that only one face of a double-faced
sign shall be considered in determining the
display surface area.
District or Zoning District. (Signs)
A section or sections of the incorporated area
of the City for which the then effective zoning
ordinance governing the use of buildings and
land are uniform for each class of use
permitted therein. References to individual
zoning districts contained herein shall refer to
the zoning districts established by the City
Council in Chapter 160.
Disturb. (Physical Alteration of
Land) To alter the natural state.
Dormitory. (Zoning) A building or
group of buildings designed or altered for the
purpose of accommodating students or
members of religious orders with sleeping
quarters, with or without communal kitchen
facilities, and administered by educational or
religious institutions.
Drainage Area. (StormwaterManage-
ment, Drainage and Erosion Control) The
watershed area contributing surface and
stormwater runoff to a stormwater
management system.
Dripline. (Tree Protection and
Preservation) An imaginary vertical line that
extends downward from the outermost tips of
the tree branches to the ground.
Drive -In Restaurant or Refreshment
Stand. (Zoning) Any place or premises used
for sale, dispensing, or serving of food,
refreshments, or beverages in automobiles,
including those establishments where
customers may serve themselves and may eat
or drink the food, refreshments or beverages
on the premises.
Dwelling, Mobile Home. (Zoning) A
detached residential dwelling unit designated
for transportation on streets or highways on its
own wheels or on flatbed or other trailers, and
arriving at the site where it is to be occupied
as a dwelling complete and ready for
occupancy except for minor and incidental
unpacking and assembly operations, location
on jacks or other temporary or permanent
foundation, connection to utilities, and the
like. A travel trailer is not to be considered as
a mobile home.
Dwelling, Multiple -Family. (Zoning)
A residential building designed for or
occupied by three or more families, with the
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number of families in residence not exceeding
the number of dwelling units provided.
Dwelling, Single -Family. (Zoning)
A detached residential dwelling unit other
than a mobile home, designed for and
occupied by one family only.
Dwelling, Two -Family. (Zoning) A
detached residential building containing two
dwelling units, designed for occupancy by not
more than two families.
Dwelling Unit. (Zoning) One room,
or rooms connected together, constituting a
separate, independent housekeeping
establishment for owner occupancy, or rental
or lease on a weekly, monthly, or longer basis,
and physically separated from any other
rooms or dwelling units which may be in the
same structure, and containing independent
cooking and sleeping facilities.
Easement. (Development) A grant
by the property owner to the public, a
corporation or persons, of the use of a strip of
land for specific purposes.
Energy Code. (Building Regulations)
Arkansas Energy Code.
Enforcement Officer. (Mobile Homes
and Parks)(Mobile Homes and Parks Opened
or Expanded after 4-20-72) The Chief
Building Inspector of the City, or his duly
authorized representative.
Engineer. (Stormwater Management,
Drainage and Erosion Control) A professional
engineer registered in Arkansas, or other
person exempted pursuant to the provisions of
the Arkansas Code Annotated, who is
competent in the fields of hydrology and
stormwater management.
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Erect. (Signs) To build, construct,
attach, hang, place, suspend, or affix, and shall
also include the painting of wall signs.
Erosion. (Stormwater Management,
Drainage and Erosion Control) The removal
of soil particles by the action of water, wind,
ice or other geological agents.
Evergreen. (Physical Alteration of
Land) A plant that retains leaves or needles
year-round.
Excavation. (Physical Alteration of
Land) The mechanical removal of earth
material from water or land.
Facilities Emitting Odors. (Zoning
Regulations) Any function that involves a
process which emits or has the potential for
emitting an odor.
Facilities Handling Explosives.
(Zoning) Any function that involves a process
dealing with a product with explosive
potential.
Family. (Zoning) One or more
persons occupying a single dwelling unit,
provided that unless all members are related
by blood or marriage, no such family shall
contain over three persons, but further
provided that domestic servants employed on
the premises may be housed on the premises
without being counted as a family or families.
FEMA. (Physical Alteration of Land)
Federal Emergency Management Agency.
Fill. (Physical Alteration of Land) A
deposit of earth material placed by artificial
means.
Filling Station. (Zoning)
A. Buildings and premises where
gasoline, oil, grease, batteries, tires, and
automobile accessories may be supplied and
dispensed at retail, and where in addition the
following services may be rendered and sales
made, and no other:
1. Sale and servicing of spark
plugs, batteries, and distributor parts;
2. Tire servicing and repair,
but no recapping or regrooving;
3. Replacement of mufflers
and tail pipes, water hose, fan belts, brake
fluid, light bulbs, fuses, floor mats, seat
covers, windshield wipers and wiper blades,
grease retainers, wheel bearings, mirrors, and
the like;
4. Radiator cleaning and
flushing;
5. Washing and polishing, and
sales of automotive washing and polishing
materials;
6. Greasing and lubrications;
7. Providing and repairing fuel
pumps, oil pumps, and lines;
8. Minor servicing and repair
of carburetors;
9. Emergency wiring repairs;
10. Adjusting and repairing
brakes;
11. Minor motor adjustments
not involving removal of the head or
crankcase or racing the motor;
12. Sales of cold drinks,
package foods, tobacco, and similar
convenience goods for filling station
customers, as accessory and incidental to
principal operations;
13. Provision of road maps.
and other information material to customers;
provision of restroom facilities.
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B. Uses permissible at a filling station
do not include major mechanical and body
work, straightening of body parts, painting,
welding, storage of automobiles not in
operating condition, or other work involving
noise, glare, fumes, smoke, or other
characteristics to an extent greater than
normally found in filling stations. A filling
station is not a repair garage or a body shop.
Fire Official. (Building Regulations)
Fire Chief.
Flashing Sign. (Signs) An
illuminated sign on which artificial or
reflected lights is not maintained stationary
and constant in intensity and color at all times
when in use.
Floodplain. (Stormwater Manage-
ment, Drainage and Erosion Control) For a
given flood event, that area of land that is
temporarily covered by water and that adjoins
a watercourse. In FEMA regulated, or
established floodplains, the floodplains shall
mean the area subject to inundation from any
source during the regulatory event.
Floodway. (Stormwater Management,
Drainage and Erosion Control) The channel of
a stream, plus any adjacent floodplain areas
that must be kept free to encroachment so that
the 100 -year flood discharge can be conveyed
without increases of more than a specified
amount in base elevations, either zero or one
foot depending on specific location. This is
an area of significant depths and velocities
and therefore due consideration should be
given to the effects of fill and loss of cross
sectional flow area. The result of reduced
cross sectional flow area is increased water
surface elevations.
Fraternity or Sorority House.
(Zoning) A building owned or leased by a
general or local chapter of some regularly
organized college fraternity or sorority, or by
or on its behalf by a building corporation or
association composed of members or alumni
thereof, and occupied by the local chapter of
such fraternity or sorority as a place of
residence.
Freestanding Sign. (Signs) A sign
which is attached to or a part of a completely
self-supporting structure. The supporting
structure shall be set firmly in or below the
ground surface and shall not be attached to
any building or any other structure whether
portable or stationary.
Garage Sales. (Zoning) An
occasional sales activity, not to include
activities described elsewhere as home
occupations, but including activities generally
referred to as garage sales, yard sales,
rummage sales, white elephant sales, cleaning
sales, or moving sales, where used goods are
displayed or offered for sale to the general
public in a residential area on the resident's
premises.
Gas Outlet. (Building Regulations)
For the purpose of establishing gas permit
fees for additions, alterations, repair, and new
installations a gas outlet shall be defined as
any service line and/or pipe replacement or
extension and a connection to any device and
equipment that receives, stores, consumes,
transfers, and/or discharges gas.
Grade. (Physical Alteration of Land)
The percentage of rise or fall per 100 feet.
Existing Grade is the grade prior to grading.
Rough Grade is the stage at which the grade
approximately conforms to the approved plan.
Finish Grade is the final grade of the site
which conforms to the approved plan.
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Grading. (Physical Alteration of
Land) Any stripping, cutting, filling, or
stockpiling of earth or land.
Ground Cover. (Physical Alteration
of Land) Plants with low, spreading habit that
form a dense mat in time, preventing erosion.
Hazard to Air Navigation. (Airport
Zone) An obstruction determined to have a
substantial adverse effect on the safe and
efficient utilization of the navigable airspace.
Hazardous Tree. (Tree Protection
and Preservation) A tree or tree parts with
high probability of falling or causing injury or
property loss; also, a tree harboring insects or
a disease that could be detrimental to
surrounding trees.
Health Officer. (Mobile Homes and
Parks)(Mobile Homes and Parks Opened or
Expanded after 4-20-72) The legally
designated health authority of the City or his
authorized representative.
Height (Airport Zone) Sea level
elevation, unless otherwise specified.
Historic Discharge or Volume.
(Stormwater Management, Drainage and
Erosion Control) The peak rate or volume at
which stormwater runoff leaves a parcel of
land in an undisturbed/natural site condition
either by gravity or by the legally allowable
discharge at the time of permit approval.
Home Occupation. (Zoning) An
occupation, profession or avocation conducted
in a dwelling unit on a part-time or full-time
basis for which financial compensation is
received and which generates motor vehicle
traffic to the dwelling unit by patrons or
clients of the occupation, profession or
avocation conducted therein. A non -traffic
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generating occupation, profession or
avocation conducted in a dwelling unit by one
or more members of the family occupying the
premises shall be considered a residential use
and not a commercial use. The term home
occupation shall include a child care facility
handling not more than six children at one
time.
Horizontal Surface. (Airport Zone)
A horizontal plane 150 feet above the
established airport elevation, the perimeter of
which in plane coincides with the perimeter of
the horizontal zone.
Horsepower. (Building Regulations)
The equivalent to 746 watts.
Housing Board. (Mobile Homes and
Parks)(Mobile Homes and Parks Opened or
Expanded after 4-20-72) The housing board
established by the City.
House, Lodging or Rooming.
(Zoning) A dwelling or building where
lodging is provided for 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.
Hydroseed. (Physical Alteration of
Land) A machine blown mixture of mulch,
seed and sometimes fertilizer.
Illuminated Sign. (Signs) Any sign
which has characters, letters, figures, designs
or outline illuminated by electric lights or
luminous tubes as a part of the sign proper.
Illumination, Direct. (Signs)
Illumination which is so arranged that the
light is directed into the eyes of the viewer
from the light source.
Illumination, Indirect. (Signs)
Illumination so arranged that the light is
reflected from the sign to the eyes of the
viewer.
Independent Mobile Home. (Mobile
Homes and Parks)(Mobile Homes and Parks
Opened or Expanded after 4-20-72) A mobile
home which has a flush toilet and a bath or
shower.
Impervious Surface. (Stormwater
Management, Drainage and Erosion Control)
A surface that has been compacted or covered
so that it is highly resistant to infiltration by
water.
Improvements. (Development)
Physical changes made to property to prepare
it for development such as street grading,
drainage structures, street surface, sidewalks,
curbs, gutters, utility lines, bridges and similar
items.
Intermittent Stream. (Stormwater
Management, Drainage and Erosion Control)
A stream that carries water part of the year is
dry another part but receives flow from the
groundwater table when it is high enough.
Joint Identification Sign. (Signs) A
sign which serves as common or collective
identification for a group of persons or
businesses operating on the same zone lot
(e.g., shopping center, office complex, etc.).
Such sign may name the persons or businesses
included but carry no other advertising matter.
Land Disturbance. (Tree Protection
and Preservation) Clearing, scraping,
grubbing, or otherwise removing or destroying
the vegetation of a site, or adding, removing,
exposing, excavi;, leveling, grading,
digging, tunnelir• , trenching, burrowing,
dumping, pilir.r .ging or application of
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toxic substance, storage of materials, and
operation of equipment, or otherwise
significantly disturbing the soil, mud, sand, or
rock of a site.
Landmark Tree. (Tree Protection
and Preservation) A landmark tree is any tree
listed with the State or National registry or
cited in the City's Tree Registry as being
historically significant, by age, species or
form.
Landscape Administrator. (Tree
Protection and Preservation) The person who
is responsible for the administration of Tree
Protection and Preservation, Chapter 167.
Landscape Fabric. (Physical
Alteration of Land) A barrier against soil
erosion, allowing water to pass through while
keeping soil in place.
Landscaping. (Zoning) The area
within the boundaries of a given lot which
consists of planting materials, including but
not limited to trees, shrubs, ground covers,
grass, flowers, decorative rock, bark, mulch,
and other similar materials.
Large -Scale Development.
(Development) The development of a lot or
parcel larger than one acre. The term
development shall include, but shall not be
limited to, the construction of a new
improvement, the construction of an addition
to an existing improvement, or a parceling
which results in the need for access and
utilities.
Larger than Utility Runway.
(Airport Zone) A runway that is constructed
for and intended to be used by propeller -
driven aircraft of greater than 12,500 pounds
maximum gross weight and jet powered
aircraft.
Lease. (Signs) An agreement by
which a property owner conveys, usually for
a specified rent, to other persons, percussion
to erect and maintain an advertising sign upon
his property.
Loading Space, Off -Street. (Zoning)
Space logically and conveniently located for
bulk pickups and deliveries, scaled to delivery
vehicles expected to be used, and accessible to
such vehicles when required off-street parking
spaces are filled.
Lot. (Development.) A portion of a
subdivision or other parcel of land intended as
a unit for transfer of ownership or for
development.
Lot. (Signs) A parcel of land under
one ownership whether described by metes
and bounds or as a platted lot.
Lot. ( Zoning) A parcel of land of at
least sufficient size to meet minimum zoning
requirements for use, coverage and area, and
to provide such yards and other open spaces as
are herein required. The term includes the
words "plot" or "parcel". Such lot shall have
frontage on an improved public street, and
may consist of:
A. A single lot of record;
B. A portion of a lot of record;
C. A combination of complete lots of
record, of complete lots of record and portions
of lots of record, or of portions of lots of
record;
D. A parcel of land described by
metes and bounds; provided that in no case of
division or combinations shall any residential
lot or parcel be created which does not meet
the requirements of the Zoning Regulations,
Chapter 167.
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Lot, Corner. (Zoning) A lot located
at the intersection of two or more streets. A
lot abutting on a curved street or streets shall
be considered a comer lot if straight lines
drawn from the foremost points of the side lot
lines to the foremost point of the lot meet at
an interior angle of less than 135°.
Lot, Depth of. (Zoning) The distance
between the midpoints of straight lines
connecting the foremost points of the side lot
lines in front and the rearmost points of the
side lot lines in the rear.
Lot Frontage. (Zoning) The front of
a lot shall be construed to be the portion
nearest the street.
Lot, Interior. (Zoning) A lot other
than a comer lot with only one frontage on a
street.
Lot, Through. (Zoning) A lot, other
than a comer lot, with frontage on more than
one street. Through lots abutting two streets
may be referred to as double frontage lots.
Lot, Width of. (Zoning) The distance
between straight lines connecting front and
rear lot lines at each side of the lot, measured
across the rear of the required front yard,
provided, however, that width between side
lot lines at their foremost points (where they
intersect with the street line) shall not be less
than 80% of the required lot width except in
the case of lots on the turning circle of a cul-
de-sac, where the 80% requirement shall not
apply.
Lot of Record. (Zoning) A lot which
is part of a subdivision recorded in the office
of the County Recorder, or a lot or parcel
described by metes and bounds, the
description of which has been so recorded.
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Mall. (Signs) Any concentration of
retail stores and/or service establishments
which share customer parking areas and are
located within an enclosure having public
walkways whereby a customer in one store or
establishment may walk to another store or
establishment without leaving the enclosure.
Major Developments. (Develop-
ment) A suburban or urban major
development shall be a large scale
development or subdivision that satisfies
either of the following conditions:
A. It contains forty (40) acres or
more.
B. It contains one hundred (100)
housing units or more.
Whether or not it is planned in one or
more phases, the total possible development
shall be considered when its first stage, phase,
or parcel is presented for review.
Mansard Roof. (Signs) Any roof
that has an angle greater than 45° and which
derives part of its support from the building
wall and is attached to (but not necessarily a
part of) a low slope roof and which extends
along the full length of the front building wall
or three-quarters of the length of a side
building wall. For purposes of Signs, Chapter
174, a low slope roof shall mean any roof with
a pitch less than three inches rise per 12
inches horizontal.
Mature Canopy Area. (Tree
Protection and Preservation) The shade area
a tree will provide at maturity.
May. Is permissive.
Meter. (Building Regulations) For
the purpose of establishing electrical permit
fees for additions, alterations, repair, and new
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installations and to include farm buildings and
owner/occupied dwellings a meter shall be
defined as an apparatus to measure electrical
power and an outlet shall be defined as a point
on the wiring system at which current/voltage
is switched, connected to a lighting fixture or
receptacle, connected to utilization equipment,
and connected to any equipment that receives,
controls, stores, consumes, and/or transfers
electricity.
Ministorage Units. (Zoning) A
structure or structures containing separate,
individual, and private storage spaces of
varying sizes leased or rented on individual
leases for varying periods of time.
Mobile Home. (Mobile Homes and
Parks) A vehicular portable structure, built
on a chassis, and designed to be used without
a permanent foundation as a dwelling or for
sleeping purposes.
Mobile Home. (Mobile Homes and
Parks Opened or Expanded after 4-20-72) A
detached structure designed as a complete
residential dwelling unit and capable of being
transported on its own wheels, or on a trailer,
and constructed to be ready for use upon being
placed on a temporary or permanent
foundation.
Mobile Home Lot. (Mobile Homes
and Park Opened or Expanded after 4-20-72).
A plot of ground or a lot in a mobile home
park designed for the location for only one
mobile home.
Mobile Home Park. (Mobile Homes
and Parks) Any plot of ground of at least one
acre in size upon which two or more mobile
homes, occupied for dwelling or sleeping
purposes, are loca::d.
Mobile H :.ne Park. (Mobile Homes
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and Parks Opened or Expanded after 4-20-72)
Any park, court, site, parcel or tract of land
designed, maintained, intended or used for the
purpose of supplying a location or
accommodations for two or more mobile
homes and shall include all buildings used or
intended for use as part of the equipment
thereof; whether or not a charge is made for
the use of the court and its facilities.
Mobile Home Pad. (Mobile Homes
and Parks Opened or Expanded after 4-20-72)
That part of an individual mobile home lot
which has been reserved for the placement of
a mobile home.
Mobile Home Space. (Mobile Homes
and Parks) A plot of ground within a mobile
home park, designated for the accommodation
of one mobile home.
Mobile Homes and Trailer Sales
Lot. (Mobile Homes and Parks Opened or
Expanded after 4-20-72) A lot on which
unoccupied trailers are parked for purposes of
inspection and sale.
Mobile or Trailer Court. (Zoning)
Any plot of ground on which there are located
or intended to be located two or more mobile
or trailer homes to be occupied for dwelling or
sleeping purposes.
Mulch. (Physical Alteration of Land)
A layer of leaves, straw, bark, or other organic
material spread around plants to retain
moisture, and to control weeds and erosion.
National Electrical Code. (Building
Regulations) Electrical Code as adopted by
the Board of Electrical Examiners of the State
of Arkansas.
Natural Drainage Ways. (Physical
Alteration of Land) Ephemeral, intermittent
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and perennial streams. Chapter 169 is not
concerned with ephemeral streams.
Nonconforming Sign. (Signs) A sign
existing on 12-19-72 which could not be built
under the terms of the UDO.
Nonconforming Use. (Airport Zone)
Any pre-existing structure, object of natural
growth, or use of land which does not
conform to the provisions of Chapter 165 or
an amendment thereto.
Nudity or State of Nudity. (Zoning)
A. The appearance of the bare human
buttocks, anus, male genitals, female genitals
or female breast.
B. A state of dress which fails to
opaquely cover a human buttock, anus, male
genitals, female genitals, or areola of the
female breast.
Obstruction. (Airport Zone) Any
structure, growth or other object, including a
mobile object, which exceeds a limiting height
set forth in Chapter 165.
Off -Site Sign. (Signs) A sign which
directs attention to a business, commodity,
service, entertainment or attraction sold,
offered or existing elsewhere than upon the
same lot where such sign is displayed. The
term off -site sign shall include an outdoor
advertising sign (billboard) on which space is
leased or rented by the owner thereof to others
for the purpose of conveying a commercial or
noncommercial message.
Office of Public Works. (Building
Regulations) Public Works Director.
Official Setback Line. (Zoning)
Where an official setback 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 setback line to the nearest line of
the principal building, including porches,
attached garages, attached carports, eaves and
overhangs.
On -Site Sign. (Signs) A sign which
directs attention to a business, commodity,
service, entertainment or attraction sold,
offered or existing on the same lot where such
sign is displayed; provided, an on -site sign
may also display a noncommercial message.
Operator's Permit. (Mobile Homes
and Parks)(Mobile Homes and Parks Opened
or Expanded after 4-20-72) A written permit
issued by the enforcement officer permitting
the mobile home park to operate under
Chapter 175 and regulations promulgated
thereunder.
Outdoor Advertising Business.
(Zoning) Provision of outdoor displays or
display space on a lease or rental basis only.
Outfall. (Stormwater Management,
Drainage and Erosion Control) The terminus
of a storm drain, where the contents are
released.
Parcel. (Development) An area under
one ownership.
Parking Lot. (Zoning) An ofi street,
surfaced, ground level open area, for the
temporary storage of five or more motor
vehicles.
Parking Space, Off -Street. (Parking
and Loading) A space adequate for parking
an automobile with room for opening doors on
both sides, together with properly related
access to a public street or alley and
maneuv,.r_ng room.
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Parking Informational Sign. (Signs)
A wall sign or a freestanding sign indicating
the location of a motor vehicle parking lot and
designating the persons authorized to park in
said lot. The size of a parking information
sign shall not exceed four square feet. The
number of parking informational signs on a
parking lot shall not exceed the number of
entrances for the parking lot.
Passive Open Space. (Development)
An area intended for tranquil activities such as
walking, sitting, observing and the less active
games like shuffleboard and croquet.
Pavement Width. (Development)
The distance from inside edge of curb to
inside edge of curb (flow line to flow line).
Peak Flow. (Stormwater Manage-
ment, Drainage and Erosion Control) The
maximum rate of flow of water at a given
point and time resulting from a given storm
event.
Peak Flow Attenuation. (Stormwater
Management, Drainage and Erosion Control)
The reduction of the peak discharge of storm
runoff by storage and gradual release of that
stored flow.
Perennial Stream. (Physical
Alteration of Land) A stream that carries
water year round.
Person. (Airport Zone) An
individual, firm, partnership, corporation,
company, association, joint stock association
or government entity, including a trustee, a
receiver, an assignee, or a similar
representative of any of them.
Person. (Mobile Homes and Parks)(
Mobile Homes and Parks Opened or
Expanded after 4-20-72) Any individual,
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firm, partnership, corporation , or association.
Person. (Signs) Any person, firm
partnership, association, corporation, company
or organization, of any kind.
Person. (Tree Protection and
Preservation) An individual, firm, corporation,
partnership, business, group of individuals,
City department or other entity which acts
singly or collectively for a common purpose.
Person. (Zoning) An individual,
proprietorship, partnership, corporation,
association, or other legal entity.
Person. (Zoning) Includes a firm,
association, organization, partnership, trust,
company or corporation as well as an
individual.
Plan, Comprehensive. (Develop-
ment) The plan made and adopted by the
Planning Commission and accepted by the
City Council indicating the general locations
recommended for the various land uses, major
street, parks, public buildings, zoning districts
and other public improvements.
Plan, Major Streets. (Development)
A part of the comprehensive plan made and
adopted by the Planning Commission and
accepted by the City Council classifying
certain streets within the planning area
jurisdiction as arterial or collector streets.
Planned Unit Development
(Development) A comprehensively planned
residential, commercial, office, or industrial
land development project in which the
standard requirements of the Zoning
Regulations and Development Regulations
may be varied to permit design flexibility,
building clustering, grouping of open space,
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increased density and alternatives to public
facility improvements.
Plat, Concept. (Development) A
generalized sketch of an area intended to be
subdivided and containing sufficient
information to allow the Planning
Commission to determine whether a
subdivider can comply with the regulations.
Plat, Final. (Development) A
complete and exact subdivision plat, prepared
for official recording as required by state law,
to define property boundaries and proposed
streets and other improvements.
Plat, Preliminary. (Development) A
preliminary plat for a subdivision shall be a
formal plan, drawn to scale, indicating
prominent existing features of a tract and its
surroundings and the general layout of the
proposed subdivision and shall meet the
requirements outlined in Chapter 166.
Platform Sign. (Signs) A single or
double -face sign attached to a supporting base
placed on the ground surface.
Plumbing Fixture. (Building Reg-
ulations) For the purposes of establishing
plumbing permit fees for additions,
alterations, repairs, and new installations, a
plumbing fixture shall be defined as any
service line and/or pipe replacement or
extension and any device and equipment that
receives, stores, consumes, transfers, and or
discharges liquid and/or waste.
• Portable Swinger Sign and A
Frame or Sandwich Sign. (Signs) An
advertising device which is ordinarily in the
shape of an "A" or some variation thereof,
located on the ground, easily movable, not
'z. 1nanently attached thereto and which is
u& :.11y two-sided.
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Portable Temporary Attraction
Sign Board. (Signs) A single- or double -
surface painted or poster panel type sign or
some variation thereof, which is temporary in
nature, usually mounted on wheels, easily
movable, and not permanently attached
thereto.
Precision Instrument Runway.
(Airport Zone) A runway having an existing
instrument approach procedure utilizing an
instrument landing system (ILS) or a precision
approach radar (PAR). It also means a
runway for which a precision approach system
is planned and is so indicated on an approved
airport layout plan or any other planning
document.
Primary Surface. (Airport Zone) A
surface longitudinally centered on a runway.
When the runway has a specially prepared
hard surface, the primary surface extends 200
feet beyond each end of that runway; for
military runways or when the runway has no
specially prepared hard surface, or planned
hard surface, the primary surface ends at each
end of that runway. The width of the primary
surface is set forth in § 165.01. The elevation
of any point on the primary surface is the
same as the elevation of the nearest point on
the runway centerline.
Projecting Sign. (Signs) Any sign
that shall be affixed at an angle or
perpendicular to the wall of any building in
such a manner to read perpendicular or at an
angle to the wall on which it is mounted.
Public Grounds. (Tree Protection
and Preservation) Areas including street
rights of way, alleys, parks, medians,
substations, treatment plants, plazas, squares,
public buildings and any other area designated
for public use.
Rare Tree. (Tree Protection and
Preservation) A rare tree is a tree with a trunk
diameter of twenty-four(24) inches or more
for large growing species and eight (8) inches
or more for small growing species, over two
hundred (200) years of age, or is
representative of an uncommon or endangered
species as designated in the City of
Fayetteville Landscape Manual.
Real Estate Sign. (Signs) Temporary
sign placed upon property for the purpose of
advertising to the public the sale or lease of
said property.
Regulatory Area. (Stormwater
Management, Drainage and Erosion Control)
That portion of the floodplain subject to
inundation by the 100 -year flood is defined as
the regulatory area. Its width is determined by
the 100 -year flood. Its length or reach is
determined by natural bounds such as a lake,
or by structures such as a dam or bridge, or by
political or legal bounds. In the absence of
complete information to define or estimate a
100 -year flood, an interim regulatory area may
be designated on the basis of satisfactory
existing floodplain information.
Remove. (Signs) Remove shall mean:
A. The sign face, along with the
posts, columns, or supports of freestanding
signs, shall be taken down and removed from
the property.
B. The sign face and supporting
structures of "projecting", "roof' or "wall"
signs shall be taken down and removed from
the property.
C. The sign face of "painted wall
signs" shall be removed by painting over the
wall sign in such a manner as to completely
cover up and hide from sight the sign in
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Residential Driveway. (Streets and
Sidewalks) A driveway on public property
adjacent to a public street or highway to
provide entrance to or exit from residential
property for the exclusive use and benefit of
those residing therein.
Residential Zone. (Streets and
Sidewalks) Any one side of a block in which
50 % or more of the frontage of that side is
used for residential purposes.
Retail Liquor Store. (Zoning) Any
business engaged primarily in the retail sale of
spirituous, vinous or malt beverages or light
wine or beer as said terms are defined by
A.C.A. §3-1-102, §3-1-103 and §3-5-202 for
off -premises consumption.
Retaining Wall. (Physical Alteration
of Land) A structure erected between lands of
different elevation to protect structures and/or
prevent erosion from the upper slope. Any
retaining wall over three feet in height shall be
designed to meet all acting forces.
Retention. (Stormwater Manage-
ment, Drainage and Erosion Control) The use
of complete storage to prevent the discharge
of a given volume of stormwater runoff into
surface waters.
Right -of -Way. (Development) The
land opened, reserved or dedicated for street,
walk, drainage or other public purposes.
Rip -Rap. (Physical Alteration of
Land) A loose assemblage of stones placed
on ground to prevent erosion. Rip -rap shall be
sized so that displacement does not occur due
to velocity of water.
Roof Sign. (Signs) Any sign wholly
erected, constructed or maintained on the roof
structure or parapet wall of any building.
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Runway. (Airport Zone) A defined
area on an airport prepared for landing and
take -off of aircraft along its length.
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.
Safety Zone. (Streets and Sidewalks)
All parts of the street or highway right-of-way
between the curb or shoulder line and the
right-of-way line along the property frontage,
except those areas contained in the access
driveways.
Sediment Basin. (Physical Alteration
of Land) A depression in a waterway
designed to trap sedimentation before entry
into the storm water system.
Separate Offense. (Tree Protection
and Preservation) In relation to trees, each
tree is a separate offense.
Service Building. (Mobile Homes
and Parks)(Mobile Homes and Parks Opened
or Expanded after 4-20-72) A building
housing toilet and bathing facilities for men
and women with laundry facilities and such
other facilities as may be required by Chapter
175.
Setback Lines or Building Lines.
(Development) • A line on a plat generally
parallel to the street right-of-way, indicating
the limit beyond which buildings or structures
may not be erected except as provided in
ordinances.
Sexually Oriented Business.
(Zoning) An adult arcade, adult bookstore or
adult video store, adult cabaret, adult motion
picture theater, or adult theater.
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Shall. (Zoning) Is mandatory.
Shopping Center. (Signs) Two or
more retail stores and/or service
establishments, or one retail store and one
service establishment, sharing customer
parking areas, regardless of whether said
stores and/or establishments occupy separate
structures or are under separate ownership.
Sign. (Signs) Every device, frame,
letter, figure, character, mark, plane, point,
design, picture, stroke, stripe, trademark, or
reading matter, which is used or intended to
be used to attract attention or convey
information when the same is placed out of
doors in view of the general public; in
addition, any of the above which is not placed
out of doors but which is illuminated with
artificial or reflected light not maintained
stationary and constant in intensity and color
at all times when in use shall be considered a
sign within the meaning of Chapter 174, when
placed near the inside surface of a window in
such a way as to be in view of the general
public and used or intended to be used to
attract attention or convey information to
motorists. For the purpose of determining
number of signs, a sign shall be considered to
be a single display surface or display device
containing elements organized, related, and
composed to form a unit. Where matter is
displayed in a random manner, without
organized relationship to elements, or where
there is a reasonable doubt as to the
relationship of elements, each element shall be
considered to be a single sign.
Site. (Physical Alteration of Land)
Any lot or parcel of land or contiguous
combination thereof, under the same
ownership, where grading is performed or
permitted.
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Slope. (Physical Alteration of Land)
An inclined ground surface the inclination of
which is expressed as a ratio of horizontal
distance to vertical distance.
Specified Anatomical Areas.(Zoning)
A. Less than completely and opaquely
covered human genitals, pubic region,
buttock(s), and female breast below a point
immediately above the top of the areola; and
B. Human male genitals in a
discernible turgid state, even if completely
and opaquely covered.
Specified Sexual Activities. (Zoning)
A. Human genitals in a state of sexual
stimulation or arousal;
B. Acts of human masturbation,
sexual intercourse, or sodomy;
C. Fondling or other erotic touching
of human genitals, pubic region, buttocks or
female breast.
Spot Light Illumination. (Signs)
Illumination which comes from lamps, lenses
or devices designed to focus or concentrate the
light rays of the source.
Stabilization. (Physical Alteration of
Land) That which is attained once the site is
restored to its pre -development state in terms
of soil stability and irritability.
Standard Gas Code. (Building
Regulations) Arkansas State Gas Code.
Standard Mechanical Code.
(Building Regulations) The Arkansas State
Mechanical Code.
Standard Plumbing Code. (Building
Regulations) The Arkansas State Plumbing
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Stormwater. (Stormwater Manage-
ment, Drainage and Erosion Control) The
flow of water that results from and occurs
immediately following a rainfall event.
Stormwater Management, Drainage
and Erosion Control Permit. (Stormwater
Management, Drainage and Erosion Control)
A construction permit issued by the City of
Fayetteville in compliance with the provisions
of Chapter 170.
Stormwater Management Plan.
(Stormwater Management, Drainage and
Erosion Control) A plan for receiving,
handling, and transporting storm and surface
waters within the City's stormwater
management system.
Stormwater Management System.
(Stormwater Management, Drainage and
Erosion Control) All natural and man-made
elements used to convey stormwater from the
first point of impact with the surface of the
earth to a suitable outlet location internal or
external to the boundaries of the City of
Fayetteville. The stormwater management
system includes all pipes, channels, streams,
ditches, wetlands, sinkholes, detention/
retention basins, ponds, lakes, and other
stormwater conveyance and treatment
facilities, whether public or private.
Stream Corridor. (Stormwater
Management, Drainage and Erosion Control)
The landscape and physical features on both
sides of a stream, including soils, slope, and
vegetation, whose alteration can directly
impact the stream's physical characteristics
and biological properties.
Street. (Development) A strip of
land, including the entire right-of-way,
intended primrily as a means of vehicular
and pedestrian's :v 1 which may also be used
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to provide space for sewers, public utilities,
trees and sidewalks.
Street, Arterial. (Development) A
street ormad of considerable continuity which
serves or is intended to serve as the principal
traffic way between separated areas or
districts which is the main means of access to
the primary street system or expressways.
Street, Collector. (Development )
A street which in addition to serving abutting
properties, intercepts minor streets, connects
with community facilities and carries
neighboahood traffic to the major arterial
street system. Where possible, houses should
not front on collector streets.
Street, Frontage. (Development) A
minor street which is generally parallel to and
adjacent to a major highway or railroad right-
of-way and which provides access to abutting
properties and protection from through traffic.
Street, Minor. (Development) A
street used primarily to provide access to
abutting properties.
Street Line. (Zoning)(Streets and
Sidewalks) The right-of-way line of street.
Street Right -of -Way. (Development)
(Tree Protection and Preservation) The area
designated for City improvements on both
sides of the street.
Streets. (Streets and Sidewalks) Of
higher use designation than collector street,
including arterial streets and expressways as
definedi n Ordinance No. 1750 of the City of
Fayetteville, Arkansas.
Structure. (Airport Zone) An object,
including a mobile object, , constructed or
installed by man, im;li ling but without
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limitation, buildings, towers, cranes,
smokestacks, earth formation, and overhead
transmission lines.
Structure or Building. (Zoning)
Anything constructed or erected with a fixed
location on the ground, or attached to
something having a fixed location on the
ground. Among other things, structures
include buildings, mobile homes, walls,
fences, billboards and poster panels.
Subdivider. (Development) A person,
firm or corporation undertaking a subdivision
as defined in Development, Chapter 166.
Subdivision. (Development) The
subdividing of land into lots and blocks, the
parceling of land resulting in the need for
access or utilities, or the dividing of an
existing lot or parcel into two or more lots or
parcels.
Suburban. (Development) Located
outside the corporate city limits.
Surface Water. (StormwaterManage-
ment, Drainage and Erosion Control) Water
that finds its way to an open channel without
infiltrating into the soil.
Tandem Lot. (Zoning) A lot which
does not have required frontage on a public
street and which is located behind a lot or a
portion of a lot which does have frontage on a
public street.
Terrace. (Physical Alteration of
Land) A relatively level step constructed in
the face of a graded slop surface for drainage
and maintenance purposes.
Topping. (Tree Protection and
Preservation) Also referred to as stubbing,
dehoming, pollarding and heading; it is the
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severe removal of the tree canopy back to
large stubs.
Town House. (Zoning) Two or more
single-family dwelling units constructed in a
series of attached units with property lines
separating each unit.
Transitional Surfaces. (Airport
Zone) A surface extending outward at 90 -
degree angles to the runway centerline and the
runway centerline extended at a slope of seven
feet horizontally for each foot vertically from
the sides of the primary and approach surfaces
to where they intersect the horizontal and
conical surfaces.
Travel Trailer. (Zoning) A vehicular,
portable structure built on a chassis, designed
to be used as a temporary dwelling for travel
and recreational purposes, having a body
width not exceeding eight feet.
Tree. (Airport Zone) Any object of
natural growth.
Tree. (Tree Protection and
Preservation) Any self-supporting woody
perennial plant, usually having a main stem or
trunk and many branches, and at maturity
normally attaining a trunk diameter greater
than three inches at DBH and a height of over
ten feet.
Tree Preservation Area. (Tree
Protection and Preservation) Those areas
designated for tree protection in a tree
preservation plan or a site plan.
Tree Preservation Plan. (Tree
Protection and Preservation) A site plan that
delineates tree preservation areas and details
measures to be taken to ensure protection and
survivability of trees to be saved, prior to and
din i ... construction.
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Tree Registry. (Tree Protection and
Preservation) A list of trees registered with
the city due to documented historic
association, rare tree species or extraordinary
value because of their age, size or type.
Tree Surgery. (Tree Protection and
Preservation) Includes cavity filling/repair,
bracing, cabling, and wound treatment.
Tree
Committee.
Preservation)
appointed by
Landscape
beautification
and Landscape Advisory
(Tree Protection and
An advisory committee
the City Council to assist the
Administrator with City
and the management of its trees.
Unified Soil Classification System.
(Physical Alteration of Land) A system
adopted jointly by the Corps of Engineers and
Bureau of Reclamation in 1952 to classify
soils according to texture, plasticity, and
performance as engineering construction
material.
Unit. (Building Regulations) A
product or equipment used in heating and air
conditioning, refrigeration, ventilation, or
process cooling and heating system.
Universal Soil Loss Equation.
(Physical Alteration of Land) An equation that
was developed by USDA to determine erosion
based rainfall, soil irritability, slope, length of
slope, plant cover, and mulching.
Urban. (Development) Located
within the corporate city limits.
Urban Street. (Development) A
street located, or to be located, within the city
limits.
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Used or Occupied. (Zoning) Include
the words "intended", "designed", or
"arranged to be used or occupied."
Variance. (Zoning) A variance is a
relaxation of the terms of Zoning, Chapters
160 through 165, where such variance will not
be contrary to the public interest and where,
owing to conditions peculiar to the property
and not the result of the actions of the
applicant, a literal enforcement would result in
unnecessary and undue hardship.
Veterinary Small Animal Out -
Patient Clinic. (Zoning) An office where
vaccination and treatment of small animals is
performed; where no x-rays, surgery or
treatments requiring hospitalization are
performed; where no overnight boarding is
permitted; and where no after-hours or
weekend emergency services are performed.
View Obscuring Vegetation.
(Zoning) A screen of live plant material that
is opaque from the ground to a height of at
least six feet, intended to exclude visual
contact between uses and to create a strong
impression of spacial separation during all
seasons of the year. At maturity, the screen
shall be considered to be view obscuring if
there are no openings of greater than one
square foot.
Visual Runway. (Airport Zone) A
runway intended solely for the operation of
aircraft using visual approach procedures.
Wall Sign. (Signs) Any sign that
shall be affixed parallel to the wall or printed
on the wall of any building in such a manner
as to read parallel to the wall on which it is
mounted; provided, however, said wall sign
shall not project above the top of the wall or
beyond the end of the building. For the
purpose of Chapter 174, any sign display
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surface that is affixed flat against the sloping
surface of a mansard roof shall be considered
a wall sign. Any sign that is affixed to the
face of the building marquee, building
awning, or a building canopy shall be
considered a wall sign.
Windblown Sign. (Signs) Any flag,
pennant, balloon, spinner, or blimp.
Yard, Front. (Zoning)
A. A yard extending between side lot
lines across the front of a lot adjoining a
public street. In the case of through lots,
unless the prevailing front yard pattern on
adjoining lots indicates otherwise, front yards
shall be provided on all frontages.
B. Depth of required front yards shall
be measured at right angles to a straight line
joining the foremost points of the side lot
lines. The foremost point of the side lot line,
in the case of rounded property comers at
street intersections, shall be assumed to be the
point at which the side and front lines would
have met without such rounding.
Yard, Rear. (Zoning)
A. A yard extending across the rear of
the lot between inner side yard lines. In the
case of through lots and corner lots, there will
be no rear yards, but only front and side yards.
B. Width of a required rear yard shall
be measured in such a manner that the yard
established is a strip of the minimum width
required by the district regulation with its
inner edge parallel with the rear lot line.
Yard, Side. (Zoning)
A. A yard extending from the rear line
o`. •.e required front yard to the rear lot line,
the absence of any clearly defined rear
ie to the point on the lot farthest from the
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intersection of the lot line involved with the
public street. In the case of through lots, side
yards shall extend from the rear lines of front
yards required. In the case of comer lots,
yards remaining after full front yards have
been established shall be considered side
yards.
B. Width of a required side yard shall
be measured in such a manner that the yard
established is a strip of the minimum width
required by district regulations with its inner
edge parallel with the side lot line.
Yard, Special. (Zoning) A yard
behind any required yard adjacent to a public
street, required to perform the same functions
as a side or rear yard, but adjacent to a lot line
so placed or oriented that neither the term
"side yard" nor the term "rear yard" clearly
applies.
Yard. (Zoning) A required open
space other than a court unoccupied and
unobstructed by any structure or portion of a
structure 30 inches above the general ground
level of the graded lot upward, provided,
however, that fences, walls, poles, posts and
other customary yard accessories, ornaments,
and furniture may be permitted in any yard
subject to height limitations and requirements
limiting obstruction of visibility.
(Code 1991, §98.60; Code 1965, §18-24; Ord.
No. 1790, 3-15-71); (Code 1991, §158.03;
Code 1965, §1713-2; Ord. No. 1893, 12-19-
72; Ord. No. 3025, 8-21-84; Ord. No. 3231,
12-2-86; Ord. No. 3298, 10-6-87); (Code
1991, §159.04; Code 1965, App. C, Art. I, §D;
Ord. No. 1801, 6-21-71; Ord. No. 1998, 5-7-
74; Ord. No. 2581, 12-4-79; Ord. No. 2789, 1-
18-82; Ord. No.3794, §1, 5-17-94; Ord. No.
3913, §1, 8-1-95); (Code 1991, §160.002;
Code 1965, App. A, Art. 17; Ord. No. 1747,
6-29-70; Ord. No. 2753, 8-18-81; Ord. No.
3138, 11-5-85; Ord. No. 3165, 2-4-86; Ord.
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No. 3870, §2, 2-21-95; Ord. No. 3908, §1, 7-
18-95; Ord. No. 3970, §1, 7-18-95; Ord. No.
3970, §1, 5-7-96; Ord. No. 3971, §1, 5-21-
96); (Code 1991, §161.06; Ord. No. 3551,6-
4-91); (Code 1991, §162.02; Ord. No. 3699,
§2, 4-20-93; Ord. No. 3901, §§1, 2, 7-5-95;
Ord. No. 3963, §1, 4-16-96); (Code 1991,
§163.02; Ord. No. 3895, §, 6-20-95); ( Code
1991, §160.096(A); Ord. No. 3780, §1,4-19-
94); (Code 1991, §160.121); (Code 1991,
§150.02; Code 1965, App. B, §I; Ord. No.
2697, 1-20-81); (Code 1991, §§156.001,
156.065; Code 1965, §13A-1; Ord. No. 1509,
8-8-66; Code 1965, §13B-1, Ord. No. 1859, 3-
20-72; Ord. No.3011, 6-5-84); (Code 1991,
§158.35; Code 1965, §17B -7(a); Ord. No.
1893, 12-19-72; Ord. No. 2934, 8-2-83; Ord.
No. 2948, 9-20-83; Ord. No. 3298, 10-6-87);
(Code 1991, §118.01; Ord. No. 4024, §2, 3-
28-87)
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CHAPTER 152:
ADMINISTRATION
The following listed sections of the Chapter 161.
UDO shall be administered, interpreted, and
enforced by the person designated, or his/her F. Parking and Loading: City
duly authorized representative. Planner
A. Streets and Sidewalks:
1. Streets: City Engineer
2. Sidewalks: Sidewalk and
Trails Coordinator
Cross -Reference: Streets and Sidewalks,
Chapter 171.
B. Flood Damage Prevention
Floodplain Administrator
Cross -Reference: Flood Damage Prevention,
Chapter 168.
C. Signs: Inspections Division
Director
Cross -Reference: Signs, Chapter 174.
D. Development: City Planner
Cross -Reference: Land Development,
Chapter 166.
E. Zoning:
1. UseConditions: City
Planner
2. Nonconforming Uses and
Structures: City Planner
3. Airport Zoning:
Inspections Division Director
ross-Reference: Zoning Regulations,
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Cross -Reference: Parking and Loading,
Chapter 172.
G. Physical Alteration of Land:
City Engineer
Cross -Reference: Physical Alteration of Land,
Chapter 169.
H. Tree Protection and
Preservation: Landscape Administrator
Cross -Reference: Tree Protection and
Preservation, Chapter 167.
I. Stormwater Management,
Drainage and Erosion Control:
1. General. Engineer
2. Vegetative Elements.
Landscape Administrator.
Cross-Reference: Stormwater Management,
Drainage and Erosion Control, Chapter 170.
(Code 1991, §163.06; Ord. No. 3895, §1, 6-
20-95) (Code 1991, §160.190; Code 1965,
App. A, Art. 9(1); Ord. No. 1747, 6-29-70)
(Code 1991, §162.03; Ord. No. 3699, §3, 4-
20-93; Ord. No. 3901, §7-5-95; Ord. No.
3963, §9, 4-16-96)(Code 1991, §159.65; Code
1965, App. C., Art. V, §A; Ord. No. 1750, 7-
6-70)
(Code 1991, §150.08; Code 1965, P p. B,
VII; Ord. No. 2697, 1-20-8 1)
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CHAPTER 153:
ENFORCEMENT
§153.01 COMPLAINTS. All complaints
of violations of the UDO may be submitted in
writing to the appropriate administrator and
shall state the location and the nature of the
alleged violation. Upon receipt, the alleged
violation shall be investigated and appropriate
action taken.
(Code 1991, §160.198; Code 1965, App. A,
Art. 14; Ord. No. 1747, 6-29-70)
Cross Reference: Administration, Chapter
152.
§153.02 RIGHT OF ENTRY AND
INSPECTION.
A. Tree Protection and Preservation.
The Landscape Administrator shall have the
right to inspect the sites within the City
involving tree preservation plans, tree
preservation in rights -of -way and public
grounds, landmark and rare trees, trees that
constitute a hazard or a threat, and trees
involving variance requests, or as otherwise
required under the Code of Fayetteville.
B. Physical Alteration of Land. In
applying for a grading permit, the applicant
shall be deemed to have consented to an
inspection to determine whether construction
is proceeding according to the grading plan.
C. Mobile Homes. The Health
Officer shall have the power to enter at
reasonable times upon any mobile home park
for the purpose of inspecting and investigating
conditions relating to the enforcement of
Chapter 175., or of regulations promulga
thereunder.
(Code 1991, §162.08; Ord. No. 3699, §8, 4-
20-93; Ord. No. 3901, §1, 7-5-95) (Code
1991, §161.14; Ord. No. 3551, 6-4-91) (Code
1991, §156.071(B); Code 1965, §13B-6; Ord.
No. 1859, 3-20-72)
§153.03 LIABILITY.
A. Owner of Record. The owner of
record of any real property or appurtenance
thereto, who participates in, assists, directs,
creates, or maintains any situation in
violation of the UDO may be held liable for
the penalties or remedies ascribed herein.
B. Others. Tenants, occupants,
architects, builders, contractors, agents or
other persons, who participate in, assist,
direct, create, or maintain any situation in
violation of the UDO may be held liable for
the penalties or remedies ascribed herein.
§153.04 NOTICE OF VIOLATION.
A. Content. When an owner or other
person participates in, assists, directs, creates,
or maintains any situation in violation of the
UDO, a notice of violation shall immediately
be issued to the person liable and shall contain
the following:
1. The name of person liable
(owner of record or others).
2. The street address, when
available, or a description of the building,
structure or land where the violation is
occurring.
3. A statement specifying the
nature of the violation.
4. A description of the
remedial actions necessary to bring the
development activity into compliance with the
UDO, and a time schedule for the completion
of such remedial actions.
5. A statement of the penalty
or penalties that shall or may be assessed
against the person(s) to whom the notice is
directed.
6. A statement that an appeal
may be filed.
B. Service. The violation notice shall
be served either personally or by certified
mail, postage prepaid, return receipt
requested.
(Code 1991, § 158.35; Code 1965, §173-7(a);
Ord. No. 1893, 12-19-72; Ord. No. 2934, 8-2-
83; Ord. No. 2948, 9-20-83; Ord. No. 3298,
10-6-87)(Code 1991, §163.12; Ord. No. 3895,
§1,6-20-95)
§153.05 EMERGENCIES. If a violation
exists that poses a danger to the public health
safety, or welfare, or which requires
immediate action to prevent irreparable
damage, the City may invoke any of the
penalties, remedies, revocation of permits or
stop work orders as authorized by the UDO
without service of a written notice.
(Code 1991, §163.12(A); Ord. No. 3895, §1,
6-20-95)
§153.06 REMEDIAL WORK
A. Remedial Wot':.
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1. General. When a violation
notice has been served, remedial work shall
begin, as directed, within 48 hours.
2. Signs. When a violation
notice has been issued, the sign shall be
removed within 30 days.
B. Lien. If remedial work is not
undertaken and completed as described in the
violation notice, within the prescribed time
period, the City is hereby authorized to enter
upon the property and take necessary actions
to correct or remove the conditions described
in the notice. The costs of correcting said
conditions shall be charged to the owner, and
the City shall have a lien against such property
for such costs.
C. Permit Revocation. If remedial
work is not undertaken as directed by the
violation notice, any or all development
related permits may be revoked.
§153.07 STOP WORK ORDER
A. Failure to Perform Remedial
Work. A stop work order may be issued if
remedial work is not being undertaken.
B. Failure to Obtain Permit or
Plan. A stop work order may be issued for all
work being performed without required
permits or plans.
C. Noncompliance/Tree
Preservation Plan. The Landscape
Administrator may issue a stop work order
directing the parties involved to cease and
desist all work which does not comply with
the tree preservation plan.
(Code 1991, §161.20(A)&(B); Ord. No. 3551,
-4-91)( Code 1991, §163.12(A)(2); Ord. No.
:95. §1 6-20-95)
Cross Reference: Appeals, Chapter 155.
§153.08 MISCELLANEOUS REMEDIES.
A. Garage Sale Signs. Any signs not
removed the following day or located in the
public right-of-way may be removed by the
City staff and for any such removal, a
collection fee of up to $25.00 per sign shall be
imposed.
B. Occupancy Without Certificate
of Occupancy. The building official shall
have the right, after notice is given, to
disconnect the water service to a building, if
occupied before a certificate of occupancy is
issued or if all law, ordinances, and code
violations are not remedied and inspected as
approved.
C. Noncompliance with Tree
Preservation and Protection Standards,
Specifications and Guidelines.
Noncompliance with the standards,
specifications and guidelines outlined herein,
as well as those set forth in the City of
Fayetteville Landscape Manual, shall result in
the following actions being taken:
1. First Violation. Warning
issued and repeat educational workshop.
2. Second Violation
Suspension of certificate for 30 days.
3. Third Violation.
Revocation of certificate.
Should a violation result in the
revocation of an individual's certificate, such
individual shall have the right to reapply for a
commercial tree pruner/service certificate after
thirty (30) days. Attendance at the
educational workshop is required prior to
reissuance of such certificate.
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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.
2. No Metes and Bounds
Conveyance. No conveyance by metes and
bounds of tracts coming under the definition
of subdivision without compliance with the
applicable provisions of §166.01., or
amendments thereto, shall be permitted. This
provision is aimed at preventing any attempt
to circumvent these regulations by conveying
by metes and bounds without taking the
necessary steps for filing an approved. plat.
3. No Dedication of Streets.
No dedication of streets shall be accepted by
the City unless the use of the adjoining
affected land is shown. If the purpose of
opening the street is to make the affected land
available for sale as a subdivision, the street
may not be accepted until accompanied by the
required plat.
4. No Building Permit. No
building permit shall be issued for
construction of any building, no person, firm
or corporation shall sell or offer for sale any
lot, no water, sewer, gas or electric service
shall be extended to serve any structure on any
lot, nor shall any land be accepted for
dedication by the County Recorder unless:
a. The lot, building or
structure was established before July 6, 1970.
b. The lot is part of a
subdivision approved by the Planning
Commission.
c. A variance has been
granted under the provisions of Chapter 156.
(Code 1991, §159.67; Code 1965, App. C.,
Art. V, §D; Ord. No. 1847, 1-17-72)
E. Sexually Oriented Business. A
person who operates or causes to be operated
a sexually oriented business in violation
§163.27 will be subject to a suit for injunction
as well as prosecution for criminal violations.
(Code 1991, §118.04; Ord. No. 4024, §5, 3-
18-97)
F. Mobile Homes and Mobile Home
Parks.
1. Inspection/Notice.
Whenever, upon inspection of any mobile
home park, the enforcement officer finds that
conditions or practices exist which are in
violation of any provision of Chapter 175, the
enforcement officer shall give notice in
accordance with Chapter 157. At the end of
the specified period, the enforcement officer
shall reinspect such mobile home park, and if
such conditions or practices have not been
corrected, he shall suspend the applicable
permit or permits and give notice to the person
to whom the permit is issued. Upon receipt of
notice of suspension, regardless of whether a
building permit or an operators permit may be
involved, the operator of such mobile home
park shall cease operation of such park.
2. Emergency Order.
a. Whenever the health officer
finds that an emergency exists which requires
immediate action to protect the public health,
he may, without notice of hearing, request the
enforcement officer to issue an order reciting
the existence of such an emergency and
requiring that such action be taken as he may
deem necessary to meet the emergency
including the suspension of the permit.
Notwithstanding any other provisions of
Chapter 175, such order shall be effective
immediately.
b. Any person to whom such
an order is directed shall comply therewith
immediately.
(Code 1991, §156.019; Code 1965, §13A-42;
Ord. No. 1 509, 8-8-66)
G. Signs.
1. If the Building Inspector
shall find that any sign or other advertising
structure regulated herein is unsafe or
insecure, is a menace to the public, is
abandoned or maintained in a dilapidated
condition, or has been constructed or erected
or is being maintained in violation of the
provisions of Chapter 174, he shall give
written notice to the permittee or property
owner thereof. If the permittee or property
owner fails to remove or alter the sign or
advertising structure so as to comply with the
standards set forth in Chapter 174 within a
reasonable time specified in such notice, such
sign or other advertising structure may be
removed or altered to comply by the Building
Inspector; and expense incidental to such
removal or alteration shall be charged to the
owner of the property upon which the sign is
located and shall constitute a lien upon the
property.
2. The Building Inspector may
cause any sign or other advertising structure
which is an immediate peril to persons or
property to be removed summarily without
notice. Such signs or other advertising
structures are hereby declat&c' to be a public
nuisance. When any t is removed
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' summarily without notice, the owner or lessee
thereof shall have the right to a post -seizure
' administrative hearing to determine whether
there was probable cause to remove the sign.
• (Code 1991, §158.06; Code 1965, §17B -4(c);
• Ord. No. 1893, 12-19-72; Ord. No. 2790, 1-
18-82)
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3. When a business fails to
remove the sign of the business that has
ceased operation for a period of time in excess
of 60 days, the Building Inspector shall issue
a written notice to the sign owner and any
lessee and to the property owner, which notice
shall state that such sign shall be removed
within 30 days. If the sign owner or lessee, or
property owner, fails to comply with such
written notice to remove, the Building
Inspector is hereby authorized to cause
removal of such sign, and any expense
incidental to such removal shall be charged to
the owner of the property upon which the sign
is located and shall constitute a lien upon the
property. For the purpose of this section, the
word "remove" shall mean:
a. The sign face, along with
posts, columns, or supports of freestanding
signs, shall be taken down and removed from
the property.
b. The sign face and
supporting structures of "projecting", "roof'
or "wall" signs shall be taken down and
removed from the property.
c. The sign face of "painted
wall signs" shall be removed by painting over
the wall sign in such a manner as to
completely cover up and hide from sight the
sign in question.
(Code 1991, §158.35; Code 1965, §17B -7(a);
Ord. No. 1893, 12-19-72; Ord. No. 2934, 8-2-
83; Ord. No. 2948,9-20-83; Ord. No. 3298,
10-6-87)
H. Sidewalks. If the owner of any
property shall fail or refuse to comply with the
provisions of §171.12, the City may contract
with some suitable person for the
construction, reconstruction, or repair of such
sidewalk, on the best terms that can be made,
after giving reasonable notice to such owner
or the agent in charge of said property of an
intention to do so, and the City may pay said
person for said construction, reconstruction, or
repairing the same. The amount so paid by
the City, together with 6% penalty added
thereto, shall constitute a charge against the
owner of said property and shall be a lien on
said property from the date of the
commencement of said work.
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Cross Reference: Notification and Public
Hearings, Chapter 157.
§153.09 APPEALS.
Cross Reference: Appeals, Chapter 155.
§153.10 PENALTY.
A. General Penalty.
Cross Reference: General Penalty, §10.99.
B. Other Lawful Action. Nothing
herein contained shall prevent the City from
taking such other lawful action as is necessary
to prevent or remedy any violation of the
UDO.
(Code 1991, §98.99(A)&(B); Code 1965, §§
1-5, 18-47; Ord. No. 1725, 1-8-70; Ord. No.
2128, 7-15-75; Ord. No. 2647, 7-15-80; Ord.
No. 2655, 8-5-80; Ord. No. 2725, 5-19-81)
(Code 1991, §158.99; Code 1965, § 17B-13;
Ord. No. 1893, 12-19-72) (Code 1991, §
161.18; Ord. No. 3551, 6-4-91) (Code 1991,
§163.12; Ord. No. 3895, §1, 6-20-95) ( Code
1991, § 162.99; Ord. No. 3699, §12, 4-20-93)
II
CHAPTER 154:
AMENDMENTS
§154.01 CITY COUNCIL. The City
Council may make amendments to the UDO
as set forth in either A. or B. below:
A. Referral to the Planning
Commission:
1. S t u d y a n d
Recommendation. Proposals maybe referred
by resolution to the Planning Commission for
study and recommendation.
2. Public Hearing. A public
hearing shall be held as provided in Chapter
157.
3. City Council Action.
After consideration of the recommendation of
the Planning Commission, the City Council
may,
a. adopt the amendment,
b. modify the amendment
and adopt,
c. refer to the Planning
Commission for further study, or
d. vote down the
amendment.
B. Without Referral to the Planning
Commission. The proposed amendment may
be adopted by the City Council without prior
referral to the Planning Commission.
(Code 1991, 1, §160.155; Code 1965, App. A,
Art. 5(8); Ord. No. 1747, 6-29-70) (Code
1991, §160.157; Code 1965, App. A, Art.
12(2); Ord. No. 1747, 6-29-70) (Code 1991,
§ 159.68, Code 1965, App. C., Art. V, §F; Ord.
No. 2980, 2-7-84)
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§154.02 PLANNING COMMISSION. The
Planning Commission may initiate
amendments to the UDO as follows:
A. Study and Consideration. The
proposed amendment shall be presented to the
Planning Commission for study and
consideration.
B. Public Hearing. A public hearing
shall be held as provided in Chapter 157.
C. Recommendation to City
Council. Following the public hearing, the
Planning Commission may, upon passage,
present the proposed amendment to the City
Council in whole, or in modified form. The
Planning Commission shall provide a written
statement of the reasons for such
recommendation.
(Code 1991, §160.158; Code 1965, App. A,
Art. 12(3); Ord. No. 1747, 6-29-70; Ord. No.
2920,5-3-83)
§154.03 PRIVATE PARTIES/ ZONING
AMENDMENT.
A. Petition. Any private party or
parties desiring an amendment to Chapter 160,
upon payment of the appropriate fee, shall
submit to the Planning Commission a petition
giving the following information:
1. Legal description of the
property involved.
2. Zoning classification
requested for the property.
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3. Statement and diagram
explaining why the proposed changes will not
conflict with the surrounding land uses.
B. Action by Planning Commission.
The Planning Commission may take one of
the following actions:
1. Approval. The proposed
amendment may be approved as presented.
2. Approval in Modified
Form. Approved in modified form by a
majority of the Planning Commission and
recommended for adoption by the City
Council with the reasons for such
recommendations stated in writing.
3. Disapproval. If the
Planning Commission disapproves a proposed
amendment, the reason for such disposal shall
be given in writing to the petitioner.
4. Neither Approve nor
Disapprove. If the Planning Commission
neither approves nor disapproves a proposed
amendment within 45 days after the public
hearing the action on such amendment by said
Planning Commission shall be deemed
favorable; this period may be further extended
by vote of the Planning Commission if all the
parties involved agree in writing to an
extension.
C. Action by the City Council.
1. Action. The City Council
may take one of the following actions:
a. Approval The City
Council, by majority vote, may by ordinance
adopt the recommended amendment submitted
by the Planning Commission.
b. Modify and Adopt.
By ordinance, may modify and adopt the
proposed amendment.
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c. Return to Planning
Commission. By resolution, may return the
proposed amendment to the Planning
Commission for further study and
recommendation.
2. Vote. When a proposed
amendment affects the zoning classification of
property, and in case a protest against such
change is signed by the owners of 20% or
more either of the area of the lots included in
such proposed change, or of those
immediately adjacent in the rear thereof
extending 300 feet from the street frontage of
such opposite lots, then such amendments
shall not become effective except by the
favorable vote of three -fourths of the City
Council.
D. Re -Petitions for Amendment.
No application for zoning amendments will be
considered by the Planning Commission
within 12 months from the date of final
disapproval of a proposed amendment unless
there is evidence submitted to the Planning
Commission which justified reconsideration.
E. Withdrawal.
1. Before Publication. A
petition for amendment may be withdrawn at
any time before publication of the notice and
posting signs for the public hearing.
2. After Publication and
Posting of Notice. After the publication and
posting of notice, the petition may be
withdrawn at the discretion of the Planning
Commission. If the petition is permitted to be
withdrawn after the public hearing it shall be
in the Planning Commission's discretion
whether or not a petition affecting part or all
of the same property may be refiled sooner
than one year from the date of withdrawal.
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(Code 1991, §160.156; Code 1965, App. A,
Art. 12(1); Ord. No. 1747, 6-29-70; Ord. No.
2538, 7-3-79; Ord. No. 3716, §1, 6-15-93;
Ord. No. 3925, §7, 10-3-95)
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Cross Reference: Notification and Public
Hearings, Chapter 157.
RESERVED
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CHAPTER 155:
APPEALS
§155.01 CIRCUIT COURT. Unless set
forth otherwise below, all appeals from final
actions taken by the City Council, Planning
Commission, Board of Sign Appeal, and the
Board of Adjustment shall be taken to the
Circuit Court of Washington County.
(A.C.A. §14-56-425; Code 1991, §160.175;
Code 1965, App. A, Art. 9(6); Ord. No. 1747,
6-29-70; Ord. No. 2323, 4-5-77; Ord. No.
2538, 7-3-79; Ord. No. 3925, §7, 10-3-95)
§155.02 FORM/TIME/PLACE. Unless an
appeal is filed with the Court, the following
requirements shall be met:
A. Form. All appeals shall be
submitted in writing referencing the
applicable UDO section(s) and setting out the
reasons the applicant contends the decision
was in error.
B. Time.
1. Appeals. Appeals shall be
submitted within 10 working day from the
date of the final action taken.
2. Hearings. The entity
hearing the appeal shall fix a reasonable time
for hearing an appeal.
C. Place. Appeals shall be filed with
the following:
1. City Clerk. Appeals made
to the City Council shall be filed with the City
Clerk.
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2. City Planner. Appeals
made to the Planning Commission; Board of
Adjustment, for zoning matters; and Board of
Sign Appeals shall be filed with the City
Planner.
3. Inspection Division
Director. Appeals made to the Board of
Adjustment shall be filed with the Inspection
Division Director.
§155.03 STAY. An appeal shall stay all
proceedings in furtherance of the action
appealed from unless the person in charge of
administration of the Chapter certifies that a
stay would, in their opinion cause imminent
peril to life or property.
(Code 1991, §160.173; Code 1965, App. A,
Art. 13(3); Ord. No. 1747, 6-29-70)
§155.04 ALDERMAN APPEAL ON
BEHALF OF RESIDENT. An alderman
may bring an appeal on behalf of any resident
of the City on actions which are appealable to
the City Council as set forth below.
§155.05 APPEALS FROM PLANNING
COMMISSION DECISIONS.
A. Appeals to City Council. The
following Planning Commission decisions
may be appealed to the City Council:
1. Rezoning Request.
Owners of record may appeal the decision to
deny a rezoning request.
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2. Preliminary Plat/LSD.
Owners of record or any member of the City
Council may appeal the decision to deny or
approve a preliminary subdivision plat or
large scale development.
(Code 1991, §159.12; Code 1965, App. C,
Art. II; Ord. No. 1750, 7-6-70; Ord. No.
3781, §1, 4-19-94)(Code 1991, §159.66; Code
1965, App. C., Art. V, §B; Ord. No. 1750, 7-
6-70)( Code 1991, §159.54(F)(1)&(2); Code
1965, App. C, Art. IV, §I; Ord. No. 1750, 7-6-
70; Ord. No. 3925, §6, 10-3-95)
3. Neighborhood Park.
Owners of record may appeal the decision to
require joint development of a neighborhood
park.
4. Major Development/
Greenspace. An alderman representing the
ward in which the proposed major
development is located, or any alderman if the
major development is outside the city limits
may appeal the Planning Commission denial
of a variance from the requirements of
§ 159.30.
5. Commercial Design
Standards. Appeals from decisions of the
Planning Commission concerning commercial
design standards shall be to the City Council.
B. Appeals to Housing Board.
1. Denial of Permit. Any
person whose application for a permit under
Mobile Homes and Mobile Home Parks,
Chapter 175, that has been denied shall be
granted a hearing.
2. Suspension or Revocation
of Permit. Any person whose permit has
teen suspended, or who has received a
v:.DIation notice may request and shall be
r anted a hearing.
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(Code 1991, §156.017; Code 1965, §13A-40;
Ord. 1509, 8-8-66)
§155.06 APPEALS FROM STAFF
INTERPRETATIONS/ACTIONS.
A. Appeals to City Council. The
following Staff Interpretations/Actions may be
appealed to the City Council:
1. City Planner/Design
Overlay District Requirements. Owners of
record may appeal the decision of the City
Planner not to exempt property from the
Design Overlay District Requirements as
allowed in §121.22G.
(Code 1991, §160.048; Ord. No. 3806, §1,6-
28-94)
2. City Engineer/Drainage
Requirements. Owners of record may appeal
the decision of the City Engineer to issue a
violation notice related to drainage
requirements.
(Code 1991, §§163.10(D); Ord. No. 3895, §1,
6-20-95) (Code 1991, §161.11; Ord. No.
3551, 6-4-91)
B. Appeals to the Board of
Adjustment. The following Interpretations
and Decisions may be appealed to the Board
of Adjustment:
1. City Planner/Zoning.
Any person aggrieved by an interpretation or
decision of the City Planner regarding zoning
matters may appeal.
2. Inspection Division
Director/Airport Zone. Any person
aggrieved, or any taxpayer affected by any
decision of the Inspection Division Dirto-,
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made in the administration of Airport Zone,
Chapter 165, may appeal.
(Code 1991, §160.172; Code 1965, App. A,
Art. 19(2); Ord. No. 1747, 6-29-70; Ord. No.
2538, 7-3-79; Ord. No. 3716 §2,6-15-93; Ord.
No. 3925, §7, 10-3-95)(Code 1991, § 159.65;
Code 1965, App. C., Art. V,§A; Ord. No.
1750, 7-6-70)(Code 1991, §160.176 (A)&(B);
Code 1965, App. A, Art. 10(6); Ord. No.
1747, 6-29-70; Ord. No. 2252, 7-6-76) (Code
1991, §150.03; Code 1965, App. B, §Ill, Ord.
No. 2697, 1-20-81)
C. Appeals to the Board of Sign
Appeals. The following Staff Interpretations/
Decisions may be appealed to the Board of
Sign Appeals:
Building Inspector. A person
aggrieved by an interpretation or decision of
the Building Inspector regarding signs may
appeal.
(Code 1991, §158.67(B); Code 1965, §17B -
11.2(e); Ord. No. 2109, 6-3-75; Ord. No.
2585, 12-4-79; Ord. No. 3153, 11-19-85; Ord.
No. 3340, 3-15-88) (Code 1991,
§158.68(A)&(B); Code 1965, §17B -11.2(d);
Ord. No. 2109, 6-3-75; Ord. No. 2585, 12-4-
79; Ord. No. 3153, 11-19-85; Ord. No. 3340,
3-15-88; Ord. No. 3587, §1, 1-7-92)
D. Appeals to the Planning
Commission. The following Staff
Interpretations/Actions may be appealed to the
Planning Commission:
1. FloodplaiuAdministrator.
Any person aggrieved may appeal the decision
of the Floodplain Administrator.
2. City Planner/
Development. Owners of Record may appeal
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the interpretation of the development
requirements by the City Planner.
3. City Engineer/Grading
Requirements. Any person aggrieved may
appeal the decision of the City Engineer
related to grading requirements.
4. Landscape Administrator.
Any person aggrieved may appeal the
decisions of the Landscape Administrator
related to landscape and tree preservation and
protection requirements.
(Code 1991, §162.03 (B)&(C); Ord. No. 3699,
§3, 4-20-93; Ord. No. 3901, §1, 7-5-95; Ord.
No. 3963, §9, 4-16-96)
E. Appeals to the Construction
Board of Adjustment and Appeals. When
the administrative authority under Chapter
173. shall disapprove an application, or the
applicant is aggrieved by the interpretation of
the administrative authority, the applicant may
appeal the decision to the Construction Board
of Adjustment and Appeals.
§155.07 APPEALS FROM BOARD OF
SIGN APPEALS.
Appeals to City Council. Board of
Sign Appeals Decisions may be appealed to
the City Council by any member of the City
Council. Following such hearing, the City
Council may affirm, modify, or reverse any
finding and decision of the Board of Sign
Appeals, or may refer the matter back to the
Board of Sign Appeals for additional findings.
(Code 1991, §158.67; Code 1965; §17B -
11.2(e); Ord. No. 2109, 6-3-75; Ord. No.
2583, 12-4-79; Ord. No. 3152, 11-19-85; Oid.
No. 3340, 3-15-88)(Code 1991, §158.67;
Code 1965, §17B -11.2(e); Ord. No. 2109, 6-3-
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75; Ord. No. 2585, 12-4-79; Ord. No. 3153,
11-19-85; Ord. No. 3340, 3-15-88)
§155.08 APPEALS TO THE HOUSING
BOARD.
Mobile Homes and Mobile Home
Parks.
A. Permit Denied. Any person whose
application Tor a permit under Chapter 175 has
been denied may request and shall be granted
a hearing on the matter before the Housing
Board.
(Code 1991, §156.017; Code 1965, §13A-40;
Ord. No. 1509, 8-8-66)
B. Permit Suspended. Any person
whose permit has been suspended or who has
received vv*Jice from the enforcement officer
that his permit will be suspended unless
certain conditions or practices at the mobile
home park are corrected, may request and be
granted a'rearing on the matter before the
Housing Board.
C. Petition Deadline. When no
petition for hearing shall have been filed
within 10 days following the day on which
notice of suspension was served, such permit
shall be deemed to have been automatically
revoked at the expiration of such 10 days.
(Code 199DE,§156.029; Code 1965, §13A-43;
Ord. No. 1509, 8-8-66)
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CHAPTER 156:
VARIANCES
§156.01 GENERAL REQUIREMENTS.
All applications for variances shall be
submitted in writing to the person responsible
for administration of the referenced section.
Cross Reference: Administration, Chapter 152.
§156.02 ZONING REGULATIONS.
Certain variances of the zoning regulations
may be applied for as follows:
A. General Regulations/Applica-
tion. A variance shall not be granted unless
and until an application demonstrates:
1. Special Conditions. That
special conditions and circumstances exist
which are peculiar to the land, structure, or
building involved and which are not
applicable to other lands, structures or
building in the same district.
2. Deprivation of Rights.
That literal interpretation of the provisions of
the zoning regulations would deprive the
applicant of rights commonly enjoyed by
other properties in the same district under the
terms of the zoning regulations.
3. Resulting Actions. That
the special conditions and circumstances do
not result from the actions of the applicant.
4. No Special Privileges.
That granting the variance requested will not
confer on the applicant any special privilege
that is denied by Zoning, Chapters 160-165, to
other lands, structures, or building in the same
district.
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5. Nonconforming Uses. No
nonconforming use of neighboring lands,
structures, or buildings in the same district,
and no permitted or nonconforming use of
lands, structures, or buildings in other districts
shall be considered grounds for the issuance
of a variance.
B. Consideration by the Planning
Commission. Applications for variances of
Zoning and Development shall be considered
by the Planning Commission.
1. Design Overly District.
a. Special Conditions.
The purpose of this section is to authorize
in specific cases such variances from the
regulations of the design overlay district as
will not be contrary to the public interest,
where, owing to special conditions, a literal
enforcement of the design overlay district
regulations would result in unnecessary
hardship.
b. Variance Request-
ed. A variance from the terms of the design
overlay district regulations shall not be
granted by the Planning Commission unless
and until the applicant provides from what
section a variance is requested. This shall be
submitted along with the large scale
development plan.
c. Findings. The
Planning Commission shall make the
following findings:
(1). Require-
ments Met. That the requirements of
§156.02, A. have been met by the applicant
for a variance;
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(2). Minimum
Variance. That the reasons set forth in the
application justify the granting of the
variance, and that the variance is the minimum
variance that will make possible the
reasonable use of the land, building, or
structure;
(3). Harmony
with General Purpose. That the granting of
the variance will be in harmony with the
general purpose and intent of the design
overly district, and will not be injurious to the
neighborhood, or otherwise detrimental to the
public welfare.
d. Conditions and
Safeguards. In granting any variance, the
Planning Commission may prescribe
appropriate conditions and safeguards in
conformity with this section.
2. Buffer Strips and
Screening.
a. Screening. The
Planning Commission shall have the authority
to grant a variance from the screening
requirements prescribed by §166.10.
b. Conditions. The
Planning Commission may impose reasonable
conditions in the granting of a variance to
ensure compliance or to protect adjacent
property.
3. Access to Structure. The
Planning Commission shall have the authority
to waive the requirement that every building
hereafter erected or moved shall be located on
a lot which has frontage on a public street
when the property owner provides safe and
convenient access for fire protection and
sanitation vehicles.
4. Parking Variances.
a. Number of Spaces.
The Planning Commission shall have the
authority to vary the number of off-street
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parking spaces required in C-3 and C-4
districts.
b. Findings. The
Planning Commission shall make findings
indicating:
(1). Parking
Generated. That the proposed use will not
generate as much parking as required under
the existing standards;
(2). Shared
Parking. That shared parking facilities are
available; or
(3). On -Street
Parking. That on -street parking can satisfy
intermittent and occasional demands.
c. Conditions. All
waivers shall meet the conditions listed below.
(1). C-3 and C-
4 Districts. Conditions for waivers in C-3
and C-4 districts:
(a). In Lieu
Fee. An in lieu fee of $1,200.00 for each on -
site parking space shall be paid to the City.
This money shall be held in an interest bearing
account and shall be expended for public
parking facilities within the district it is
collected within ten years from the date it is
collected. If said money has not been so
expended within ten years of the date
collected, said money, together with the
interest thereon, shall be refunded to the
person or entity who made the contribution; or
(b). Shared
Parking. For any parking space which is
proposed to be shared under the provision of
§172.01E.4. the applicant must present a
signed agreement with the owner of the
property. The agreement shall address the
number of spaces required for both properties,
the number of spaces available together with
a site plan, and any other pertinent
information, such as restrictions on sf sting for
certain days or hours.
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(Code 1991, §160.038(E); Code 1965, App.
A. 5(VII(a)); Ord. No. 1747, 6-29-89; Ord.
No. 2148, 10-7-75; Ord. No. 2351, 6-21-77;
Ord. No. 2362, 8-2-77)
C. Consideration by the Board of
Adjustment.
1. Bulk and Area.
Applications for variances of bulk and area
requirements shall be considered by and may
be approved by the Board of Adjustment.
2. Public Hearing. A public
hearing shall be held.
3. Findings. The Board of
Adjustment shall make the following findings:
a. Minimum Variance.
That the reasons set forth in the application
justify the granting of the variance, and that
the variance is the minimum variance that will
make possible the reasonable use of the land,
building, or structure.
(1). Harmony
with General Purpose. The Board of
Adjustment shall further make a finding that
the granting of the variance will be in
harmony with the general purpose and intent
of Zoning, Chapters 160-165, and will not be
injurious to the neighborhood, or otherwise
detrimental to the public welfare.
(2). Reasons set
forth in the application justify granting the
variance, and that the variance is the minimum
variance that will make possible the
reasonable use of the land, building, or
structure.
b. Conditions and
Safeguards. In granting any variance, the
Board of Adjustment may prescribe
appropriate conditions and safeguards in
conformity with the zoning regulations.
c. No Variance
All,j% d. Under no circumstances shall the
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Board of Adjustment grant a variance to allow
a use not permissible under Zoning in the
district involved, or any use expressly or by
implication prohibited by the terms of the
zoning regulations in said district.
4. Action. The Board of
Adjustment may take the following actions:
a. Reverse or affirm,
wholly or partly; or
b. May modify the
order, requirement, decision, or determination
appealed from and may make such order,
requirement, decision, or determination as
ought to be made, and to that end shall have
the powers of the City Planner from whom the
appeal is taken.
5. Vote. The concurring vote
of a majority of the members present shall be
necessary to reverse any order, requirement,
decision or determination of the City Planner,
or to decide in favor of the applicant on any
matter upon which it is required to pass or to
effect any variation in the application.
§156.03 DEVELOPMENT. Certain
variances of the development regulations may
be applied for as follows:
A. General Requirements.
1. Undue Hardship. If the
provisions of Development, Chapter 166, are
shown by the developer to cause undue
hardship as they apply to this proposed
development (including, but not limited to
financial, environmental, or regulatory) and
that the situation is unique to the subject
property, the City Planning Commission may
grant a variance, on a temporary or permanent
basis, to the development from such
provision, so that substantial justice maybe
done and the public interest secured; provided
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that the variation will not have the effect of
nullifying the intent and purpose of the
development regulations. No variance shall
be granted for any property which does not
have access to an improved street.
2. Conditions and
Safeguards. In granting variances, the
Planning Commission may prescribe
appropriate conditions and safeguards to
secure substantially the objectives of the
standards or requirements so varied.
3. Preliminary and Final
Plat. An applicant for a variance of
preliminary and final plat requirements shall
provide the City Planner with a survey,
certified by a registered surveyor or registered
engineer, of the property proposed for
division. Said survey shall indicate the
acreage of all proposed lots.
4. Exception. A transfer or
adjustment of a property line between
adjoining property owners which does not
create a separate, new lot shall not require a
variance by the City Planner of preliminary
and final plat requirements, but must be
approved by the planning office for
conformance with existing zoning
requirements for lot width, lot area, setback
requirements, and buildable area.
B. Consideration by the City
Council.
Urban Subdivision — Required
Dedication of Land for Public Park Sites.
Any variation in the land dedication ratios or
contribution formulas set forth in § 166.03K.
shall be considered a variance and requires
approval of the City Council. Upon
recommendation of the Planning Commission
after consultation by the Commission with the
Parks and Recreation Advisory Board, the
City Council, upon determination that
enforcement of §166.03K. would cause
unnecessary hardship or that the problems or
merits of the development reflect unique
circumstances, may grant a variance of the
requirements, provided:
1. Consistent with Parks
Plan. Any dedication of land or contribution
in lieu of land or combination thereof shall
adequately provide for the park and
recreational needs of the proposed
development and be consistent with the
Fayetteville Parks Plan.
2. Contributions of Services,
Facilities, etc. If the developer proposes to
contribute services, facilities or equipment in
lieu of a cash contribution, such a contribution
shall not be accepted by the City unless the
Parks and Recreation Advisory Board has
been consulted and provides a
recommendation as to the appropriateness and
safety of such contribution.
C. Consideration by the Planning
Commission.
1. Design Standards.
a. Undue Hardship.
If the provisions of these standards are shown
by the developer to cause undue hardship as
they apply to his proposed development, the
City Planning Commission may grant a
variance to the developer from such
provisions, so that substantial justice may be
done and the public interest secured; provided
that the variation will not have the effect of
nullifying the intent and purpose of
development regulations.
b. Conditions. In
granting variances, the Planning Commission
may impose such conditions as will, in its
judgment, secure substantially the objectives
of the standards or requirements so varied.
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(Code 1991, §159.46; Code 1965, App. C.
Art. IV, §A; Ord. No. 1847; 1-17-72; Ord. No.
2293, 12-7-76; Ord. No. 2539; Ord. No. 2588,
12-18-79)
2. Required Off -Site
Improvements.
Grounds. A developer may
petition the Planning Commission for a
variance of off -site improvement requirements
in whole or in part on one or more of the
following grounds:
a. No City Plans. The
City has no plans for upgrading the
substandard street or road on which off -site
improvements are proposed to be required by
the developer.
b. Unfair Imposition.
The proposed development has primary access
to improved streets or roads and the portion of
the development which fronts on a
substandard street or road is so small or
remote from anticipated future traffic patterns
as to cause an unfair imposition on the
development.
c. Alternate Off -Site
Improvements. The developer proposes
alternative off -site improvements which will
protect the health, safety and welfare of
persons residing in the proposed development
and the surrounding area and equally benefit
said persons.
d. Improved Streets
or Roads. The developer does not propose
access to the proposed development from an
existing substandard street or road and
proposes to provide access by way of streets
or roads improved to current City or County
standards.
3. Plsnned Unit
Development:
a. S''•• ; Require-
ments. The Planning Comr may grant
a variance from the setback requirements
prescribed in Development, Chapter 166, for
one of the following reasons:
1) Due to
practical difficulties caused by terrain or other
physical features; or
2) A PUD
shall comply with all City ordinances;
provided if a proposal offered by the
developer will result in a development which
better protects the public health, safety, or
welfare, or which better achieves the purposes
of a PUD than development according to
§ 166.06, the Planning Commission may vary
such requirements, the zoning regulations or
the land development regulations.
b. Public Hearing. A
public hearing shall be held.
4. Major Development/
Greenspace. A developer of a major
development can petition for a variance from
the requirements of § 159.30 to the Planning
Commission. The Planning Commission's
approval of said variance must be affirmed by
the City Council to become effective, and the
Planning Commission's denial may be
appealed to the City Council.
D. Consideration by the City
Planner
1. Subdivisions creating only
one new lot (lot splits).
a. Interference with
Future Subdivision.
(1). Determin-
ation. Whenever the proposed subdivision
creates only one new lot from an existing
parcel, or platted lot or block, the City Planner
shall determine whether said division
interferes with the future subdivision of the
surrounding land. In making said
determination, the City Planner shall
determine whether the proposed division
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cmacorms to the official plans and regulations
that make up the comprehensive plan,
including the land use plan, the street plan,
access control, setback regulations, the
community facilities plan and Zoning,
Chapters, 160-164.
(2). Plat Re-
qa r ements. If the City Planner determines
that the proposed division will not interfere
with the future subdivision of the original
parcel or the future subdivision of the
surrounding land, he may waive the
preliminary and final plat requirements of this
chapter.
(3). Dedication
off Right -of -Way. The City Planner shall not
waive the preliminary and final plat
requirements of this chapter for a proposed
subdivision until the subdivider dedicates
sufficient right-of-way to bring those streets
which the Master Street Plan shows to abut or
i'i tersect the proposed subdivision into
conformance with the right-of-way
requirements of the Master Street' Plan for said
streets; provided, the Planning Commission
may approve a lessor dedication in the event
of undue hardship or practical difficulties.
Such lessor dedication shall be subject to
aipproval by the City Council.
b. Second and Third
Divisions of Parcel The City Planner may
waive the preliminary and final plat
requirement for a second or third division of
any part of the original parcel if the City
Winner determines as aforesaid that the
proposed second or third division will not
interfere with the future subdivision of the
oaigirial parcel or the future subdivision of the
surrounding land.
2. Notice/Circuit Clerk
Office. Upon the waiver of the preliminary
and final plat requirements as aforesaid the
City Planner shall prepare and file notice in
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the Circuit Clerk's office that a waiver of plat
requirement has been granted. In the case of
a first or second waiver said notice shall
further state that future subdivision of said
parcel may require conformity with the
provisions of this chapter. In the case of a
third waiver said notice shall further state that
future subdivision of said parcel will require
conformity with the provisions this chapter.
3. Minimum Size Re-
quirement. The City Planner shall not waive
preliminary and final plat requirement for the
division of any parcel unless each lot which
will be created by the proposed division meets
the following minimum size requirements.
First division: Three acres (each lot);
Second and third divisions: Five acres
(each lot);
4. Survey. An applicant for a
waiver of preliminary and final plat
requirements shall provide the City Planner
with a survey, certified by a registered
surveyor or registered engineer, of the
property proposed for division. Said survey
shall indicate the acreage of all proposed lots.
5. Lot Line adjustment. A
transfer or adjustment of a property line
between adjoining property owners which
does not create a separate, new lot shall not
require a waiver by the City Planner of
preliminary and final plat requirements, but
must be approved by the City Planner for
conformance with existing zoning requirement
for lot width, lot area, setback requirements,
and buildable area.
(Code 1991, §159.46 (C) -(H); Code 1965,
App. C, Art. IV, §A; Ord. No. 1847, 1-17-72;
Ord. No. 2293, 12-7-76; Ord. No. 2539, 7-3-
79; Ord. No. 2588, 12-1&-79
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§156.04 STORMWATER, DRAINAGE
AND EROSION CONTROL. Certain
variances of the Stormwater Management,
Drainage and Erosion Control regulations may
be applied for as follows:
Criteria. A variance may be granted
from any requirement of the Stormwater
Management, Drainage and Erosion Control
regulations using the following criteria:
A. Special Circumstances. There are
special circumstances applicable to the subject
property or its intended use; and
R. Results. The granting of the
variance will not result in:
1. Surface Water Runoff.
An increme in the rate or volume of surface
water runoff,
2. Adjacent Property. An
adverse impact on any adjacent property,
wetlands, watercourse, or water body;
3. Water Quality.
Degradation of water quality; or
4 Objectives. Otherwise
impairing attainment of the objectives of
Chapter 170.
§ 156.05 SIGN REGULATIONS.
Consideration by the Board of Sign
Appeal. Certain variances of the Sign
regulations may be applied for as follows:
A. General The Board of Sign
Appeals shall consider requests for variances
from the literal provisions of the Sign
regulations.for the creation of a new sign in
instances where strict enforcement of the Sign
regulations would cause practical difficulties
due to cammstances unique to the individual
sign under consideration, and granting such
variance only when it is demonstrated that
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such action will be in keeping with the spirit
and intent of the Sign regulations.
1. Prohibited. The Board
shall not permit as a variance any sign the
erection of which or the continuance of which
is prohibited by Chapter 174.
2. Strict Enforcement Un-
reasonable. The Board may grant a variance
from the provisions of Chapter 174 where
strict enforcement would be unreasonable.
3. Unique circumstances.
To hear requests for variances from the literal
provisions of Chapter 174 for the erection of
a new sign in instances where strict
enforcement would cause practical difficulties
due to circumstances unique to the individual
sign under consideration, and grant such
variance only when it is demonstrated that
such action will be in keeping with the spirit
and intent of Chapter 174.
a. The Board shall not
permit as a variance any sign the erection of
which or the continuance of which is
prohibited by §§ 174.05, 174.07, 174.08
A.,B.,C.,D., E., F., G., and I., 174.09, and
174.03 R. The Board may grant a variance
from the provisions of § 174.06 A., B., and D.
where strict enforcement would be
unreasonable.
b. The Board may
impose reasonable conditions in the granting
of a variance to ensure compliance and to
protect adjacent property. A violation of such
conditions shall constitute a violation.
Cross Reference: Enforcement, Chapter 153.
c. In exercising the
above mentioned powers, the Board may
reverse or affirm, wholly or partly, or may
modify the order, requirement, decision, or
determination appealed from, and ma make
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such order, requirement, decision, or
interpretation as ought to be made.
d. A concurring vote of
a majority of the members present shall be
necessary to reverse any order, requirement,
decision or determination of the Building
Inspector, or to decide in favor of the
applicant on any matter upon which it is
required to pass or to effect any variation in
Chapter 174.
e. Any variance
granted by the Board of Sign Appeals shall
automatically be revoked if the applicant does
not comply with the terms of the variance
within 30 days from the granting thereof; and,
the applicant shall be required to comply with
the literal provisions of Chapter 174.
B. Roof Signs. The Board of Sign
Appeals may grant a variance for a roof sign
only in those cases where the applicant
demonstrates practical difficulties in utilizing
a wall sign and demonstrates that the variance
will be in keeping with the spirit and intent of
the Sign regulations.
§156.06 AIRPORT ZONE.
A. Board of Adjustment. The Board
of Adjustment shall have the authority to grant
variances from the height limits prescribed in
Chapter 165. Any person desiring to erect any
structure or increase the height of any
structure or permit the growth of any object
of natural growth, in excess of the heights
prescribed, must apply in writing to the Board
of Adjustment for a variance. Such variance
shall be allowed upon a showing of practical
difficulty or unnecessary hardship, together
with a showing that the structure or object of
natural growth in question will not cause an
undue hazard to aircraft operations at the
airport.
B. Determination from Federal
Aviation Administration. The application
for a variance shall be accompanied by a
determination from the Federal Aviation
Administration as to the effect of a proposal
on the operation of air navigation facilities
and the safe, efficient use of navigable
airspace. Additionally, no application for a
variance may be considered by the Board of
Adjustment unless a copy of the application
has been furnished to the Airport Manager for
comment as to the aeronautical effects of the
variance. If the Airport Manager does not
respond to the application within 15 days after
receipt thereof, the Board of Adjustment may
grant or deny said application.
C. Marking and Lighting. In
granting any application for any permit or
variance, approval may be conditioned as to
require the owner of the structure or object of
natural growth in question to install and
maintain obstruction markings or lights.
D. Findings of Fact. Written
findings of fact and conclusions of law shall
be made by the Board of Adjustment based
upon the evidence offered at the public
hearing.
Cross Reference: Chapter 156, Notification
and Public Hearings
CHAPTER 157:
NOTIFICATION AND PUBLIC HEARINGS
§157.01 GENERAL REQUIREMENTS/
INFORMATION.
A. Notice. Notice shall include the
following information, unless specific
requirements herein provide otherwise:
1. Project Description.
Description of the project or request,
2. Use. The use of the
property,
3. Zoning. Current zoning,
4. Acreage. Acreage of
project,
5. Public Hearing. Time,
date, and location of public hearing,
6. Name. The property
owner's and/or the developer's name, and
7. Review Location. Phone
number, address, project name and
information on where the file may be
reviewed at the City Administration Building.
B. Assessment Records. Property
owners shall be identified from the assessment
records available at the Washington County
Assessor's Office on the date an application
is submitted for processing.
C. Who May be Heard. Any person
desiring to be heard at a public hearing may
appear in person, by agent, or by attorney.
§157.02 DEVELOPMENT.
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A. Large Scale Development. The
following requirements shall apply to Large
Scale Developments.
1. Public Hearing Required.
A public hearing shall be held at the meeting
of the Subdivision Committee at which the
development plan is to be considered.
2. Notice of Public
Hearing/Developer. Prior to a public hearing
being held, the developer shall provide the
following notice:
a.. Who Gets Notice.
Notice of the proposed development shall be
given to owners of any property having a
common boundary with, and a different
zoning classification than the property
proposed for development, no later than seven
(7) calendar days prior to the public hearing.
b. Methods of Notice.
Notice shall be by one of the following
methods:
(1). Mail.
Certified mail, return receipt requested, to at
least one of the record owners of a property,
(2). Publish.
Publish notice in the legal notice section of a
newspaper of general circulation within the
City,
(3). Signa-
tures. Obtaining signatures of at least one of
the record owners of a property on a copy of
the proposed large scale development plan.
3. Proof of Notice. At least
7 days prior to the Subdivision Committee
meeting at which approvai of the large scale
development plans wi'l be considered, the
applicant shall file one of the following with
the Planning Office:
a. Receipts. Return
receipts from the mailing and copy of the
notice,
b. Proof of Pub-
lication. Proof of publication,
c. LSD Plan. Signed
and dated large scale development plan.
(Code 1991, §159.54; Code 1965, App. C.
Art. IV, §I; Ord. No. 1750, 7-6-70; Ord. No.
3925, §6, 10-3-95)
B. Planned Unit Developments.
The following requirements shall apply to
Planned Unit Developments.
1. Public Hearing Required.
a. Small Area PUD.
A public hearing shall be called coincidental
with the concept plan review by the Planning
Commission.
b. Large Area
Concept PUD. If after review, the Planning
Commission deems it advisable to have a
public hearing on the proposed PUD, a public
hearing shall be held.
2. Notice of Public
Hearing/Developer,
a. Who Gets Notice.
Notice of the proposed PUD shall be given by
the developer to all persons owning property
within 100 feet of the perimeter of a PUD at
least ten days prior to the meeting at which the
Planning Commission is to review the concept
plan.
b. Methods of Notice.
Notice shall be by one of the following
methods:
(1). Personal.
Personal contact, or
(2). Mail.
Certified mail, return receipt requested.
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3. Notice of Public
Hearing/City. Notice of public hearing shall
be given by the City in both of the following
manners.
a. Publish. Publish
notice in a newspaper of general circulation in
the City at least one time 15 days prior to the
public hearing,
b. Signs. Posting a
sign or signs, each 18 inches high by 24
inches wide, at conspicuous places in the area
involved, 15 days prior to the date of the
public hearing.
4. Proof of Notice. On or
before the day the Planning Commission
reviews the concept plan, the applicant shall
file one of the fol.owing with the Planning
Office:
a. Receipts. Return
receipts from the mailing and copy of the
notice,
b. Contact. Proof
showing personal contact.
(Code 1991, §160.121(L)(M); Code 1965,
App. A, Art. 8(12); Ord. No. 1747, 6-29-70;
Ord. No. 1903, 3-6-73; Ord. No. 2379, 9-20-
77; Ord. No. 2538, 7-3-79; Ord. No. 2582, 12-
4-79; Ord. No. 2633, 5-20-80; Ord. No. 2710,
3-24-81; Ord. No. 2779, 11-17-81)(Code
1991, §160.156; Code 1965, App. A, Art.
12(1); Ord. No. 1747, 6-29-70; Ord. No. 2538,
7-3-79; Ord. No. 3716, §1, 6-15-93; Ord. No.
3925, §7,10-3-95).
C. Subdivisions. The following
requirements shall apply to Subdivisions.
Public Hearing Required. On
any proposed amendments to the Subdivision
Regulations, the Planning Commission shall
hold a public hearing.
D. Side Yards.
1. Internal side yards may be
varied on one side to permit zero lot line
development, provided the side yard opposite
the zero lot line is at least 15 feet. On the
periphery of the development no structure
shall be placed closer than 8 feet to the side
property line. The intent is to allow freedom
of design within development, but not to
affect future structure placement on adjoining
property.
(Code 1991, §160.032; Code 1965, App. A.
Art. 5 (IIA); Ord. No. 3128, 10-1-85)
2. Side yards may be varied to
permit common walls between town houses.
There shall be no specific requirements as to
minimum lot width, lot area, or minimum area
per dwelling unit for town houses or
condominiums; but town houses and
condominiums shall conform to the district
densities, yard requirements, height
regulations, parking and access requirements,
and all other applicable City ordinances.
(Code 1991, §160.035; Code 1965, App. A.
Art. 5; Ord. No. 1747, 6-29-89; Ord. No.
2603, 2-19-80)
Cross -Reference: Amended by majority of
City Council without first going to the
Planning Commission. §154.01.
3. Notice of Public
Hearing/City. Prior to a public hearing being
held, the City shall provide the following
notice.
a. When. Notice of the
public hearing shall be given 15 daysin
advance of the public hearing.
b. Method of Notice:
Notice shall be by publishing in a local.
newspaper of general distribution.
(Code 1991, §159.68; Code 1965, App. C.,
Art. V, §F; Ord. No. 2980, 2-7-84)
§157.03 ZONING.
A. Zoning Map Amendments
(Rezoning).
1. Public Hearing. Upon
receipt of a petition for an amendment to the
zoning map, the Planning Commission shall
hold a public hearing on the proposed
amendment.
2. Notice of Public
Hearing/City. Notice of public hearing shall
be given by the City in both of the following
manners.
a. Publish. Publish
notice in a newspaper of general circulation in
the City at least one time 15 days prior to the
public hearing.
b. Sign. Posting a sign
or signs, each 18 inches high by 24 inches
wide, at conspicuous places in the area
involved, 15 days prior to the date of the
public hearing.
(Code 1991, §160.156; Code 1965, App. A,
Art. 12(1); Ord. No. 1747, 6-29-70; Ord. No.
2538, 7-3-79; Ord. No. 3716, §1, 6-15-93;
Ord. No. 3925, §7, 10-3-95)
B. Board of Adjustment Hearings.
1. Sign. A sign18 inches high
and 24 inches wide shall be placed upon the
property seven days before the date of the
public hearing. ' L
2. Other Notice. The City
Council shall also give notice of such hearing
to interested persons and organizations as it
deems feasible and practicable.
-55-
§157.04 CONDITIONAL USES.
A. Public Hearing. A public hearing
shall be held by the Planning Commission
for consideration of a conditional use.
B. Notice of Public
Hearing/Applicant. Prior to a public
hearing, the applicant for a conditional use
shall give notice as follows:
1. Dance Halls.
a. Who Gets Notice.
All owners of properties within 500 feet of
the boundary line of the property on which the
dance hall facility is proposed.
b. When. At least ten
days before the Public Hearing.
c. Methods of Notice.
Method of notice shall be in one of the
following manners:
(1). Mail.
Certified mail, return receipt requested,
(2). Signa-
tures. Site plan drawing showing the property
lines, structures on the property, driveways
and parking spaces, together with a brief
written explanation of the proposed use,
circulated among the property owners and
signed by each property owner.
(Code 1991, §160.096; Ord. No. 3780, §1, 4-
19-94)
2. Bed and Breakfasts.
a. Who Gets Notice.
All owners of property within 500 feet of the
boundary of the property on which the bed
and breakfast facility is proposed.
b. When. At least ten
days before the Public Hearing.
c. Methods of Notice.
Method of not�re shall be in one of the
following manna :r^.:
(1). Mail.
Certified mail, return receipt requested,
(2). Plan.
Site plan drawing showing the property lines,
structures on the property, driveways and
parking spaces, together with a brief written
explanation of the proposed use, circulated
among and signed by each property owner.
(Code 1991, §160.095)
3. Home Occupations.
a. Who Gets Notice.
The owners of any dwelling unit located in an
R-1 district within 500 feet of any boundary
line of the property on which the home
occupation is proposed.
b. When. At least
seven days prior to the public hearing.
c. Methods of Notice.
Method of notice shall be in one of the
following manners:
(1). Mail.
Certified mail, return receipt requested,
(2). Publish.
Publication in a newspaper of general
circulation within the City. Notice shall not
be published in the legal notice section and
shall not be less than two columns wide by
three inches high,
(3). Signa-
tures. Obtaining the signature of at least one
owner of each dwelling unit on a written
notice,
(4). Sign.
Upon receipt of the application, a sign, at least
18" high and 24" wide, shall be posted in a
conspicuous place and shall state the date,
time and conditional use to be considered.
(Code 1991, §160.085; Code 1965, App. A,
Art. 7(10); Ord. No. 1747, 6-29-70; Ord. No.
2486, 11-21-78; Ord. No. 2605, 2-19-80; Ord.
No. 3716, §3, 6-15-93)
4. Duplex Uses in R-1
Residential Districts.
a. Who Gets Notice.
The adjoining property owners.
b. When. At least ten
days prior to the public hearing.
c. Methods of Notice.
Method of notice shall be in one of the
following manners:
(1). Mail.
Certified mail, return receipt requested, to the
property owner's last known address,
(2). Sign. By
posting a sign or signs, each 18 inches high by
30 inches wide, or larger, as determined by the
Building Inspector, at conspicuous places in
the area involved.
5. Facilities Emitting Odors
and Facilities Handling Explosives.
a. Who Gets Notice.
All owners of property within 500 feet of
boundary line of the property intended to
contain the use.
b. When. At least ten
days prior to the public hearing.
c. Methods of Notice.
(1). Mail
Certified mail, return receipt requested, to the
property owner's last known address.
(2). Publish.
Publication in a newspaper of general
circulation within the City.
(Code 1991, §160.090; Code 1965, App. A,
Art. 7(20); Ord. No. 1747, 6-29-70; Ord. No.
1880,8-15-72)
C. Proof of Notice. Prior to the
public hearing, the following, if required,
shall be filed with the Planning Office:
1. Receipts. Return receipts,
2. Plan. Site plan drawings,
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3. Proof of Publication.
Proof of publication,
4. Notices. Signed notices.
(Code 1991, §160.095)(Code 1991, §160.096;
Ord. No. 3780, §1, 4-19-94)(Code 1991,
§160.085; Code 1965, App. A, Art. 7(10);
Ord. No. 1747, 6-29-70; Ord. No. 2486, 11-
21-78; Ord. No. 2605, 2-19-80; Ord. No.
3716, §3, 6-15-93)(Code 1991, §160.090;
Code 1965, App. A, Art. 7(20); Ord. No.
1747, 6-29-70; Ord. No. 1880, 8-15-72)
§157.05 VACATIONS OF STREETS,
ALLEYS, RIGHTS -OF -WAY AND
EASEMENTS.
A. Public Hearing Required. The
City Council shall hold a public hearing, after
receiving a recommendation by the Planning
Commission, on applications requesting
vacation of streets, alleys, rights -of -way, and
easements.
B. Notice of Public Hearing. Notice
of public hearing shall be published, by the
City Clerk, in a newspaper of general
circulation in the City prior to the public
hearing.
(Code 1991; §98.13; Code 1965, §18-15; Ord.
No. 1685, 7-7-69; Ord. No. 1898, 1-16-73;
Ord. No. 3925, §1, 10-3-95)
§157.06 APPEALS OF STAFF
DECISIONS/INTERPRETATIONS.
A. Public Hearing Required. The
Board of Adjustments shall hold a public
hearing on appeals of staff decisions/
interpretations co ,rning Zoning, Chapter
160-165.
M1
P
B. Notice of Public Hearing.
1. Zoning Regulations. The
Board of Adjustments shall give the
following notice of appeals of zoning
regulations:
a. Public Notice. 7
days public notice; and
b. Due Notice. Due
notice to the parties in interest.
2. Airport Zone. The Board
of Adjustment shall publish in a local
newspaper of general circulation in the city at
least 15 days prior to the public hearing.
C. Sign. A sign 18 inches high and
24 inches wide shall be placed upon the
property seven days before the date of the
public hearing.
D. City Council. The City Council
shall also give notice of such hearing to
interested persons and organizations as it
deems feasible and practical.
(Code 1991, §160.172; Code 1965, App. A.
Art. 10(2); Ord. No. 1747, 6-29-70; Ord. No.
2538, 7-3-79; Ord. No. 3716, §2, 6-15-93;
Ord. No. 3925, §7, 10-3-95)(Code 1991,
§162.03; Ord. No. 3699, §3, 4-20-93; Ord.
No. 3901, §1, 7-5-95; Ord. No. 3963, §9, 4-
16-96)
§157.07 MOBILE HOMES AND MOBILE
HOME PARKS.
A. Whenever the enforcement officer
determines that there are reasonable grounds
to believe that there has been a violation of
any provision of Chapter 175, or any
regulation adopted pursuant thereto, he shall
give notice of such alleged violation to the
owner of the park and to the person to whom
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the operator's permit was issued, as
hereinafter provided.
B. Such notice shall:
1. Be in writing,
2. Include a statement of the
reasons for its issuance,
3. Allow a reasonable time for
the performance of any act it required,
4. Be served upon the owner
and the operator; provided, that such notice or
order shall be deemed to have been properly
served upon such owner or operator when a
copy thereof has been sent by certified mail to
their last know address, or when they have
been served with such notice by any other
method authorized or required by the laws of
the State, and
5. Contain an outline of
remedial action, which, if taken, will effect
compliance with the provisions of Chapter
175 and with regulation adopted pursuant
thereto.
(Code 1991, §156.077; Code 1965, §13B-13;
Ord. No. 1859, 3-20-72)
CHAPTER 158:
BONDS AND GUARANTEES
§158.01 GUARANTEES IN LIEU OF
INSTALLED IMPROVEMENTS.
A. Subdivisions and Residential
Large Scale Developments. The Planning
Commission may approve a subdivision final
plat or a residential large scale development
plan prior to the installation of the final
pavement, sidewalks, tree replacements or
landscaping if all other required
improvements have been substantially
completed as determined by the City Engineer
after the final inspection, provided the
developer deposits with the City or provides
the following in an amount equal to 150
percent of the estimated cost of the
uncompleted improvements as determined by
the City Engineer:
1. Currency. U.S. currency,
2. Bond. A performance/
surety bond, or
3. Letter of Credit. An
irrevocable letter of credit from a bank or
banking institution doing business in this State
which is a member of the Federal Deposit
Insurance Corporation
B. Other Large Scale Developments.
The Planning Commission may approve an
office, commercial or industrial large scale
development plan prior to the installation of
all the required improvements; however, no
building permits may be issued until one of
the following has occurred:
1. Complete. All of the
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required improvements have been completed,
or
2. Deposit. The developer
deposits with the City or provides the
following in an amount equal to 150 percent
of the estimated cost of the uncompleted
improvements as determined by the City
Engineer:
currency,
a. Currency. U.S.
b. Bond. A per-
formance/surety bond, or
c. Letter of Credit.
An irrevocable letter of credit from a bank or
banking institution doing business in this State
which is a member of the Federal Deposit
Insurance Corporation.
C. Remedies. The City has the
following options if the improvements have
not been constructed after 270 days:
1. Deposit of U.S. Currency.
a. Construct
Improvements. Construct the remaining
improvements using the U.S. currency. Any
balance remaining after the improvements
have been constructed shall be returned to the
developer, or
b. Hold Currency.
Continue to hold the U.S. currency until the
developer completes the required
improvements. After the City Engineer
certifies that the improvements have been
compete, the entire deposit shall be returned to
the developer.
2. Irrevocable Letter of
Credit.
a. Call Letter of
Credit. Call the irrevocable letter of credit
and use the proceeds to construct the
remaining improvements. Any balance
remaining after the improvements have been
constructed, shall be returned to the developer,
or
b. Amend Letter of
Credit. Amend the irrevocable letter of credit
or require the developer to provide another
irrevocable letter of credit for any
uncompleted improvements in an amount
equal to 150 percent of the estimated cost of
remaining improvements as determined by the
City Engineer. After the City Engineer
certifies as to which improvements have been
completed, the guaranteed amount for any
completed improvements may be returned to
the developer.
3. Performance/Surety Bond.
a. Terms of Bond.
The Surety shall be notified and the parties
shall proceed under the terms of the bond, or
b. Amend Bond.
Amend the performance/surety bond or
require the developer to provide another
performance/surety bond for any uncompleted
improvements in an amount equal to 150
percent of the estimated cost of remaining
improvements as determined by the City
Engineer.
(Code 1991, §159.34; Code 1965, App. C,
Art. III, §B; Ord. No. 1979, 2-5-74; Ord. No.
3869, §1,2-21 95; Ord. No. 3958, §1, 4-2-96)
§158.02 EXCAVATION IN PUBLIC
RIGHTS -OF- WAY.
Cash w
. 1d.
No
person shall make
any excavaticrl.
- `a
street
or public right-of-
way unless a cash bond is first deposited with
the City for the purpose of guaranteeing repair
and replacement of said street or public right-
of-way. Said cash bond shall be in an amount
equivalent to the estimated cost of properly
repairing and replacing said street or public
right-of-way, as determined by the mayor or
his duly authorized representative.
(Code 1991, §98.81; Code 1965, §18-41; Ord.
No. 1829, 10-18-71; Ord. No. 2806, 4-20-82)
§158.03 MAINTENANCE.
A. Installed Improvements. An
acceptable maintenance bond shall be
provided in the amount of the contract price of
the improvement against defects in
workmanship and materials for a period of
one year from the date of acceptance of such
improvements. The bond shall be filed with
the City Engineer prior to the acceptance of
the improvements by the City.
(Code 1991, §159.35; Code 1965, App. C,
Art. III, §C; Ord. No. 1750, 7-6-70)
B. Stormwater Management,
Drainage and Erosion Control. A one-year
maintenance bond for the stormwater
management and drainage system shall be
required in the amount of one-half of the total
construction cost of the stormwater
management drainage system. The bond shall
run from the date of final acceptance and for
a one-year period thereafter. A walk-through
shall be performed at the end of the one-year
period and all deficiencies corrected prior to
release of the bond.
(Code 1991, §163.13; Ord. No. 3895, §1, 6-
20-95)
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§158.04 GRADING. Bonds/Sureties. The
Building Official may require bonds or other
sureties in such form and amounts as may be
deemed necessary to assure that the work, if not
competed in accordance with the approved
plans and specifications, will be corrected to
eliminate hazardous conditions.
(Code 1991, §161.23; Ord. No. 3551, 6-4-91)
§ 1 5 8. 0 5 OFF -SITE
IMPROVEMENTS/DELAYS
A. Proportionate Share. If the Planning
Commission determines that a needed off -site
improvement cannot be built until future
development occurs, the subdivider shall pay to
the City an amount determined by the Planning
Commission, in accordance with the standards
prescribed in § 166.07, to be the developer's
proportionate share of the cost of said off -site
improvements as of the date of final plat approval.
1. The City shall deposit said
money into an interest bearing escrow account
until such time as the off -site improvement is
constructed and shall provide for payment of
interest on said amount at the rate of 10% per
annum or the maximum rate allowable under
Arkansas law, whichever is lower.
2. If the off -site improvement is
not constructed within five years from the date of
the first payment into the escrow account by a
developer, the Planning Commission shall hold a
public hearing, after notification to all affected
property owners, to determine the disposition of
all money in the escrow account. Following the
public hearing, the Planning Commission may:
a. Determine that the off -
site improvement is still necessary and feasible
and can be built within a reasonable time, in
which case the escrow account shall be continued
for a period specified by the Planning
Commission; or
b. Determine that the
off -site improvement is not necessary, or will not
be feasible, or that insufficient development has
occurred to render the improvement likely in the
foreseeable future, in which case the Planning
Commission shall either:
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(1). Refund the
money in the escrow account, with accumulated
interest, to the subdivider(s) who made the
contribution; or
(2). Distribute
the money in the escrow account on a pro rata
basis to the property owners who purchased lots
in the subdivision(s) and the developer(s); or
c. With the written consent of a
majority of the property owners who have
purchased lots in the subdivision(s) and the
developer(s), direct that money in the escrow
account be utilized for a different purpose which
will specifically benefit the neighborhood.
B. Bill of Assurance/ Performance
Bond. The developer may, with approval of the
City Council, guarantee payment of said amount
so determined by executing a bill of assurance, or
performance bond, in a form approved by the City
Attorney.
Bills of Assurance and/or Performance
Bonds shall meet the following requirements.
1. Bills of assurance shall be
filed of record and shall be a covenant running
with the land;
2. Bills of assurance, or
performance bonds, shall obligate the landowner
to pay the City the amount so determined by the
Planning Commission within ten days from
receipt of written notice from the City.
§158.06 SIDEWALKS.
In lieu of issuing a notice as set forth in
§ 171.12, the Mayor may accept a bill of assurance
executed by the property owner to guarantee
installation of the sidewalk within three months
from receipt of notice from the Mayor. The
property owner's obligation under the bill of
assurance shall be a covenant running with the
land, and the form of the bill of assurance shall be
approved by the City Attorney.
§158.04 GRADING. nds/Suret' s. The
Building Official may req re bond or other
sureties in such form and unts may be
deemed necessary to assure t t t work, if
not competed in accordance with approved
plans and specifications, will be rrected to
eliminate hazardous conditions.
(Code 1991, §161.23; Ord. No. 3,*51, 6\4-91)
RESERVED
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CHAPTER 159:
FEES
§159.01 FEES/SCHEDULE.
A. Fees. Fees shall be imposed, as
set forth below, to cover the cost of public
notices, and such other expenses as may be
incurred in connection with processing of
applications, plan reviews, amendments,
permits, variances and other matters
pertaining to the UDO.
B. Fee Schedule.
1. General. Unless specific
fees are set forth below, the City Council
shall, by resolution, establish a schedule of
fees and a collection procedure. The Schedule
of fees shall be posted in the Planning Office.
(Code 1991, §160.197; Code 1965, App. A,
Art. 11; Ord, No. 1747, 6-29-70)
2. Signs.
a. Signs. For each sign
or other advertising structure regulated by
Chapter 174 : $10.00 plus $1.00 per square
foot of sign face.
(Code 1991, §158.22; Code 1965, §17B -3(c);
Ord. No. 1893, 12-19-72; Ord. No. 2198, 2-
17-76; Ord. No. 3925, §4, 10-3-95)
b. Windblown Signs.
$10.00.
(Code 1991, §158.45; Code 1965; §17B -7(k);
Ord. No. 1893, 12-19-72; Ord. No. 2934, 8-2-
83; Ord. No. 2948, 9-20-83; Ord. No. 3298,
10-6-87)
c. Sign Variance.
Filing Fee: $350.00
3. Development.
Concurrent Plat
Nonresidential
$800.00
10 or less
$200.00
residential units
25 or less
$400.00
residential units
26 or more
$800.00
residential units
Preliminary Plat
Nonresidential
$800.00
10 or less
$200.00
residential units
25 or less
$400.00
residential units
26 or more
$800.00
residential units
Final Plat
Nonresidential
$800.00
10 or less
$200.00
residential units
25 or less
$400.00
residential units
26 or more
$800.00
residential units.
Concept Plat
$50.00
Lot Split
$200.00
xi.P Crnle Tlevelnnment
Nonresidential
$800.00
10 or less
$200.00
residential units
25 or less
$400.00
residential units
26 or more
$800.00
residential units
(Code 1991, §159.15; Code 1965, App. C,
Art. II, §E; Ord. No. 2581, 12-4-79)
4. Physical Alteration of
Land. Permit Fee:
Less than "/2 Acre
$ 75.00
'h to one Acre
$100.00
Over 1 Acre
$100.00 - $200.00
Appeals
$100.00
5. Drainage. Nonrefundable permit
application fee:
Up to 0.5 acre
$ 75.00
0.51 to 1.0 acre
$100.00
Over 1, O acre
$200.00
Apps
$100.00
6. Private Party Zoning
Amendments. Fee: $325.00.
7. Streets and Sidewalks.
Permit Fee:
Driveway and Curb
$20.00
Cut
Sidewalk
$20.00
Driveway, Curb
$25.00
Cut and Sidewalk.
Excavation of
$ 5.00
Streets and Other
Public Ways
(Code 1991, §98.62; Code 1965, §18-27; Ord.
No. 1790, 3-15-71; Ord. No. 3230, 11-8-86)
Cross Reference: Excavations, §171.14.
8. Conditional Uses. Filing
Fee: $100.00.
9. Board of Adjustment.
Fees:
Administrative Review
$ 25.00
Variance Applications:
- Before any violation
has occurred
$ 25.00
- After any violation has
occurred
$100.00
(Code 1991, §160.172; Code 1965, App. A,
Art. 10(2); Ord, No. 1747, 6-29-70; Ord. No.
2538, 7-3-79; Ord. No. 3716, §2, 6-15-93;
Ord. No. 3925, §7, 10-3-95)
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10. Building Permits.
a. General Fees: The
following general provisions shall apply to all
permits, including but not limited to building,
electrical, gas, mechanical and plumbing; and
shall apply in addition to the fees and
requirements set forth in each separate code.
(1) Permit Fees.
(a) Design/ Build
Fee. In addition to the permit fees, a
design/build fee for fast -track, design -build,
and buildings permitted with construction
progressing as design and construction plans
are in progress shall be equal to one-half the
permit fee but shall not be more than
$1,000.00.
(b) . Emergency,
Investigative and After Hour. In addition to
the permit fee, an emergency fee for after
hours inspection, investigations and
emergency inspections shall be $20.00 per
inspection.
(c) Outside City
Limits. In addition to the permit fee, each
inspection required outside Fayetteville City
limits shall be $20.00 per inspection.
(d) Work Without
Permit. Where work for which a permit is
required is started or proceeded prior to
obtaining said permit, the fees herein specified
shall be doubled. Payment of such double fee
shall not relieve any persons from fully
complying with the requirement of any code
in the execution of the work nor from any
other applicable penalties.
(e) Reinspection.
For each reinspection for correction of
violations and/or if installation is not ready for
requested inspections the fee shall be $20.00.
(2) Permit 'l:'uation.
(a) Permit' ..'.uation
is the reasonable valuation of al' vices,
labor, materials and appliances c 'vices
• entering into and necessary to the p c.:.tion
and coninletion of the work for
occupancy.
(b) The permit
valuation shall include total cost such as
plumbing, electrical, gas, mechanical,
equipment, and other systems, however, the
cost of excavation or grading, paving, and
land cost, are not deemed a part of such
permit valuation.
(c) The building
permit fee shall be based on the valuation as
determined by the building code data or as
submitted by the applicant, whichever is
greater.
(3). Exemptions from Permit
Fees.
(a) Historical Buildings.
(1) Buildings identified
and classified as Historical Buildings or
Structures by state or local jurisdiction shall
be exempt from permit fees.
(2) The Mayor may
exempt all or part of the applicable permit fees
for buildings that can be proven to be more
than fifty years old that are judged by the
Building Official to be safe and in the public
interest of health, safety and welfare regarding
any proposed construction, alteration, repair,
enlargement, restoration or relocation, or
moving of buildings within fire districts.
(b) City. The City shall be
exempt from permit fees.
b. Building Construction. Building
Construction Fees shall be as set forth in the
Building Code, Fees Appendix, except as set
forth below:
Partial C of O
$ 25.00
Original C of O -
$ 15.00
New Building
Certificate of
$ 15.00
Completion
I
I
II
II
ri
II
II
II
I,
I
C of O - Existing
$ 25.00
Building and/or
Change of
Occupancy Use
TemporaryC of O
$ 25.00
Annual C of O
$ 12.50
Renewal
Annual C of O
$ 25.00
Renewal - if
expired
Footing/Foundation
$ 50.00
Only
Appeal of Building
$ 50.00
Official to
Construction Board
of Adjustment and
Appeal
Permit Extension
$ 50.00
Plan View Fee -
$1,000.00
shall not exceed
c. Electrical.
(1) Electrical Permit Fees.
Fees for permit shall be paid to the City, as
follows:
(a) First four
meters, new or replacement, $20.00,
(b) $5.00 for each
additional meter on a building,
(c) $0.25 per outlet,
and $10.00 per inspection with electrical
wiring in concrete.
(d) Neon tube
lighting shall be $10.00 for each transformer.
(e) A minimum fee
for any electrical permit shall be $20.00.
(2) Apprentice Electrician.
Registration of an Apprentice Electrician.
$10.09,
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d. Gas.
(1) Gas Permit Fees.
Fees for gas permit shall be paid to the City,
as follows:
First 5 fixtures for $20.00 plus $2.00
for each additional fixture.
(2) Exceptions. Gas
ranges/ovens, domestic clothes dryers, and
space heaters not required to have a vent are
exempted and gas permits are not required to
connect these appliances to an existing gas
outlet in an existing piping system.
e. Mechanical Permit Fees. Fees
for a mechanical permit shall be paid to the
City as follows:
Minimum Permit
$ 20.00
Fee for the First
Unit
Additional Units
$ 5.00
Greater than 1/3
Horse Power
Fractional
$ 2.00
Horsepower
Mechanical
Exhaust System
Gas Vent Per Unit
$ 5.00
f. Plumbing.
(1) Plumbing Permit
Fees. Fees for plumbing permits shall be
paid to the City, as follows:
(a) First 5
fixtures for $20.00 plus $1.75 for each
additional fixture, and
(b) $10.00 for
each inspection required for plumbing under
slab.
11. Zoning.
A. Appeal. Fee for an
appeal from an interpretation or
administration of Zoning, Chapters 160-165.
Administrative
review
$25.00
Variance
applications:
- before any
$25.00
violation has
occurred
-after any
$100.00
violation has
occurred
B. Conditional Uses.
Filing Fee, $100.00.
(Code 1991, §160.172; Code 1965, App. A.
Art. 10(2); Ord. No. 1747, 6-29-70; Ord. No.
2538, 7-3-79; Ord. No. 3716, §2, 6-15-93;
Ord. No. 3925, §7, 10-3-95); (Code 1991,
§ 160.195; Code 1965, App. A, Art. 9 (6); Ord.
No. 1747, 6-29-70; Ord. No. 2323, 4-5-77;
Ord. No. 2538, 7-3-79; Ord. No. 3925, §7 10-
3-95).
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§ 160.02 Official Zoning Map
§ 160.03 Rules of Interpretation of District
Boundaries
CHAPTER 161: Zoning Regulations Page 4
' §161.01 Application of District
Regulations
§ 161.02 Certificate of Zoning Compliance
' §161.03 District A -I Agricultural
§161.04 District RI Low Density
Residential
§161.05 District R-1.5 Moderate Density
Residential
§161.06 District R-2 Medium Density
Residential
§161.07 District R-3 High Density
' Residential
§161.08 District RE Residential Estate
§ 161-09 District RA Residential (Acre
Lot)
' §161.10 District RL Residential Large Lot
§161.11 District RS Residential Small Lot
§ 161.12 District R=O Residential Office
§161.13 District C -I Neighborhood
' Commercial
§161.14 District C-2 Thoroughfare
Commercial
§161.15 District C-3 Central Commercial
' §161.16 District C-4 Downtown
§161.17 District I- I Heavy Commercial
and Light Industrial
§161.18 District 1-2 General Industrial
§ 161.19 District P -I Institutional
§161.20 District E-1 Extraction
§161.21 Design Overlay District (U.S. 71
' Highway Corridor)
CHAPTER 162: Use Units Page 34
' §162.01 Establishment/Listing
§ 162.02 Interpretation
§ 162.03 Conditions of Use
§ 162.04 Enclosure of Uses
' CHAPTER 163: Use Conditions Page 49
§163.01 Listing
' § 163.02 Authority; Conditions; Procedures
§ 163.03 Accessory Commercial Uses
§163.04 Accessory Structures and Uses
§ 163.05 Accessory Residential Uses in
Nonresidential Districts
§ 163.06 Animals and Fowl
§ 163.07 Automobile Garages
§ 163.08 Automobile Wash Service
§163.09 Bed and Breakfast Facilities
[DIVIDER 2: ZONING]
CHAPTER 160: Zoning Districts Page I
§160.01 Establishment of Districts
§163.10 Carnival, Circus, or Similar
Temporary Open -Air Enterprise
§163.11
Child Care; Nursery School
§163.12
Dance Halls
§163.13
Detached Second Dwelling Units
(Granny Unit)
§ 163.14
Drive -In Facilities
§163.15
Duplex Uses in R-1 Residential
Districts
§ 163.16
Facilities Emitting Odors and
Facilities Handling Explosives
§163.17
Garage Sales
§163.18
Gasoline Service Stations
§163.19
Home Occupations
§ 163.20
Industrial Parks
§ 163.21
Limited Neighborhood
Commercial Uses within
Residential Districts
§163.22
Mobile Homes
§ 163.23
Nonresidential Uses in R Districts
§ 163.24
Prefabricated Construction
§ 163.25
Retail Liquor Stores
§ 163.26
Riding Stables
§ 163.27
Sexually Oriented Businesses
§ 163.28
Tandem Lot Development
CHAPTER 164: Supplementary District Regulations
Page 68
§164,01
Visibility at Intersections in
Residential, Nonresidential Districts
§ 164.02
Fences, Walls, and Vegetation
§164.03
Erection of More Than One
Principal Structure on a Lot of
Record
§ 164.04
Height Regulations; Exceptions
§ 164.05
Structures to Have Access
§164.06
Extraction
§ 164.07
Nonconforming Uses and
Structure
§ 164.08
Parking and Storage of Certain
Vehicles
CHAPTER 165:
Airport Zone Page 75
§ 165.01
Airport Zones; Establishment
§165.02
Airport Zone Height Limitations
§ 165.03
Use Restriction
§165.04
Nonconforming Uses
§ 165.05
Permits
CHAPTER 160:
ZONING DISTRICTS
§160.01 ESTABLISHMENT OF
DISTRICTS. The following zoning districts
are hereby established:
ZONING DISTRICTS
A-1
Agricultural
R-1
Low Density Residential
R- 1.5
Moderate Density
Residential
R-2
Medium Density Residential
R-3
High Density Residential
RE
Residential Estate
RA
Residential (Acre Lot)
RL
Residential Large Lot
RS
Residential Small Lot
R -O
Residential -Office
C-1
Neighborhood Commercial
C-2
Thoroughfare Commercial
C-3
Central Business
Commercial
C-4
Downtown
I-1
Heavy Commercial and
Light Industrial
I-2
General Industrial
P-1
Institutional
E-1
Extraction
Design
Overlay District
-1-
(Code 1991, §160.015; §160.047, and
§160.048; Code 1965, App. A, Art. 5; Ord.
No. 1747, 6-29-70; Ord. No. 3115, 9-3-85;
Ord. No. 3128, 10-1-85; Ord. No. 3792, §1,5-
17-94)
§160.02 OFFICIAL ZONING MAP.
A. Map. The City is hereby divided
into zones, or districts, as shown on the
official zoning map, which, together with all
explanatory matter whereon, is hereby
adopted by reference and declared to be a part
of this chapter.
B. Signature/Seal. The official
zoning map shall be identified by the
signature of the Mayor attested by the City
Clerk, and bearing the Seal of the City under
the following words: "This is to certify that
this is the Official Zoning Map referred to in
Section I of Ordinance Number of
the City of Fayetteville", together with the
date of the adoption of the ordinance.
C. Location. The official zoning map
shall be located in the office of the City Clerk.
A conformed copy of the official zoning map
shall be located in the office of the City
Planner.
D. Changes.
1. Entry on Map. If in
accordance with the provisions of the State
law, changes are made in the district
boundaries or other matter portrayed on the
official zoning map such changes shall be
entered on the official zoning map as
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promptly as is possible after the amendment
has been approved by the City Council, with
an entry on the official zoning map as follows:
"Amended to by Ordinance No. _
2. Effective Date.
Amendments to this ordinance which involve
matter portrayed on the official zoning map
shall be effective upon the passage, approval
and publication of the amended ordinance.
3. Changes/Unauthorized.
No changes of any nature shall be made in the
official zoning map or matter shown except in
conformity with the procedures set forth in
this chapter.
E. Damaged/Destroyed. In the event
that the official zoning map becomes
damaged, destroyed, lost or difficult to
interpret because of the nature or number of
changes and additions, the City Council may
by resolution adopt a new official zoning map
which shall supersede the prior official zoning
map. The new official zoning map may
correct drafting or other errors or omissions in
the prior official zoning map, but no such
corrections shall have the effect of amending
the original official zoning map or any
subsequent amendment thereof. The new
official zoning map shall be identified by the
signature of the Mayor attested by the City
Clerk, and bearing the Seal of the City under
the following words: "This is to certify that
this Official Zoning Map supersedes and
replaces the Official Zoning Map adopted
(date of adoption of map being replaced) as
part of Ordinance No. of the City of
Fayetteville."
F. Preservation. Unless the prior
official zoning map has been lost, or has been
totally destroyed, the prior map or any
significant parts thereof remaining, shall be
-2-
preserved, together with all available records
pertaining to its adoption or amendment.
(Code 1991, §160.018; Code 1965, App. A,
Art. 1; Ord. No. 1765, 10-19-70)
Cross Reference: Enforcement, Chapter 153.
§160.03 RULES OF INTERPRETATION
OF DISTRICT BOUNDARIES. Where
uncertainty exists as to the boundaries of
districts as shown on the official zoning map,
the following rules shall apply:
A. Center Lines. Boundaries
indicated as approximately following the
center lines of streets, highways, or alleys
shall be construed to follow such center lines;
B. Platted Lot Lines. Boundaries
indicated as approximately following platted
lot lines shall be construed as following such
lot lines;
C. City Limits. Boundaries indicated
as approximately following the city limits
shall be construed as following such city
limits;
D. Railroad Lines. Boundaries
indicated as following railroad lines shall be
construed to be midway between the main
tracks;
E. Bodies of Water. Boundaries
indicated as approximately following the
center lines of streams, rivers, canals, lakes or
other bodies of water shall be construed to
follow such center lines;
F. Extensions. Boundaries indicated
as parallel to or extensions of features
indicated in Subsections A. through E. above
shall be so construed. Distances not
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specifically indicated on the official zoning
map shall be determined by the scale of the
map;
G. Physical or Cultural Features.
Where physical or cultural features existing on
the ground are at variance with those shown
on the official zoning map, or in other
circumstances not covered by Subsections A.
through F. above, the City Planner shall
interpret the boundaries;
H. Divided Lot/ Single Ownership.
Where a district boundary line divides a lot
which was in single ownership, the City
Planner may permit the extension of
regulations for either portion of the lot not to
exceed 50 feet beyond the district line into the
remaining portion of the lot.
(Code 1991, §160.017; Code 1965, App. A,
Art. 2; Ord. No. 1747, 6-29-70)
-3-
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CHAPTER 161:
ZONING REGULATIONS
§161.01 APPLICATION OF DISTRICT
REGULATIONS.
Minimum Regulations/Exceptions.
The regulations set by this chapter within each
district shall be minimum regulations and
shall apply uniformly for each class or kind of
structure or land, except as hereinafter
provided:
A. General. No building, structure or
land shall hereafter be used or occupied, and
no building or structure or part thereof shall
hereafter be erected, constructed,
reconstructed, moved or structurally altered
except in conformity with all the regulations
herein specified for the district in which it is
located.
B. Limitations. No building or other
structure shall hereafter be erected or altered:
1. Height/Bulk. To exceed
the height or bulk;
2. Number of Families. To
accommodate or house a greater number of
families;
3. Lot Area. To occupy a
greater percentage of lot area;
4. Yard/Open Spaces. To
have narrower or smaller rear yards, front
yards, side yards, or other open spaces than
herein required; or
5. Other. In any other manner
contrary to the provisions of this chapter.
C. Independent Compliance. No
part of a yard, or other open space, or off-
street parking or loading space required about
or in connection with any building for the
purpose of complying with this chapter shall
be included as part of a yard, open space, or
off-street parking or loading space similarly
required for any other building.
D. Effective Date. No yard or lot
existing on June 29, 1970, shall be reduced in
dimension or area below the minimum
requirements set forth herein. Yards or lots
created after June 29, 1970, shall meet at least
the minimum requirements established by this
chapter.
E. Annexation. All territory which
may hereafter be annexed to the City shall be
considered to be in District A-1 until the
territory is rezoned as provided herein.
(Code 1991, §160.016; Code 1965, App. A,
Art. 3; Ord. No. 1747, 6-29-70)
§161.02 CERTIFICATE OF ZONING
COMPLIANCE.
A. Required. It shall be unlawful to
use or occupy or permit the use or occupancy
of any building or premises, or both, or part
thereof hereafter created, erected, changed,
converted, or wholly or partly altered or
enlarged in its use or structure until a
certificate of zoning compliance shall have
been issued therefor by the City Planner
stating that the proposed use of the building or
land conforms to the requirements of this
chapter.
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B. Nonconforming Use/Structure.
No nonconforming structure or use shall be
renewed, changed, or extended until a
certificate of zoning compliance shall have
been issued by the City Planner. The
certificate of zoning compliance shall state
specifically wherein the nonconforming use
differs from the provisions of this chapter.
The City Planner shall maintain a record of all
certificates of zoning compliance, and a copy
shall be furnished upon request to any person.
(Code 1991, § 160.192; Code 1965, App. A,
Art. 9(3); Ord. No. 1747, 6-29-70)
C. Authorized Construction/Use.
Certificates of zoning compliance issued on
the basis of plans and applications approved
by the City Planner authorize only the use,
arrangements, and construction set forth in
such approved plans and applications, and no
other use, arrangement, or construction.
(Code 1991, §160.194; Code 1965, App. A,
Art. 9(5); Ord. No. 1747, 6-19-70)
Cross Reference: Enforcement, Chapter 153.
§161.03 DISTRICT A-1 AGRICULTURAL.
A. Purposes. The regulations of the
Agricultural District are designed to protect
agricultural land until an orderly transition to
urban development has been accomplished;
prevent wasteful scattering of development in
rural areas; obtain economy of public funds in
the providing of public improvements and
services of orderly growth; conserve the tax
base; prevent unsightly development, increase
scenic attractiveness; and conserve open
space.
B. Uses.
1. Permitted Uses.
Unit 1
City -Wide Uses by Right
Unit 3
Public Protection and Utility
Facilities
Unit 6
Agriculture
Unit 7
Animal Husbandry
Unit 8
Single -Family and Two -Family
Dwellings
2. Uses Permissible on
Anneal to the Planning Commission.
Unit 2
City -Wide Uses by Conditional
Use Permit
Unit 4
Cultural and Recreational
Facilities
Unit 20
Commercial Recreation; Large
Sites
C. Bulk and Area Regulations.
Lot Width Minimum
200 ft.
Lot Area Minimum:
Residential
2 acre
Nonresidential
2 acre
Lot Area Per Dwelling Unit
2 acre
D. Yard Requirements (feet).
FRONT
YARD
SIDE
YARD
REAR
YARD
35
20
35
E. Height Requirements. There shall
be no maximum height limits in the A-1
District, provided, however, that any building
-5-
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which exceeds the height of 15 feet shall be
setback from any boundary line of any
residential district a distance of 1.0 foot for
each foot of height in excess of 15 feet. Such
setbacks shall be measured from the required
yard lines.
(Code 1991, § 160.030; Code 1965, App. A,
Art. 5(I); Ord. No. 1747, 6-29-89)
§ 161.04 DISTRICT R-1: LOW DENSITY
RESIDENTIAL.
A. Purpose. The Low Density
Residential District is designed 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.
1. Permitted Uses.
Unit 1
City -Wide Uses by Right
Unit 26
Single -Family Dwelling
2. Uses Permissible on
Anneal to the Plannin2 Commission.
Unit 2
City -Wide Uses by Conditional
Use Permit
Unit 3
Public Protection and Utility
Facilities
Unit 4
Cultural and Recreational
Facilities
Unit 8
Single -Family and Two -
Family Dwellings
C. Density.
SINGLE-
TWO FAMILY
FAMILY
DWELLINGS
DWELLINGS
4 or Less Families
7 or Less Families
Per Acre
Per Acre
D. Bulk and Area Regulations.
Single-
Two -Family
Family
Lot
70 ft.
80 ft.
Minimum
Width
Lot Area
8,000 sq. ft.
12,000 sq.ft.
Minimum
Land Area
8,000 sq. ft.
6,000 sq. ft.
Per
Dwelling
Unit
F._ Vnrd Renuirements (feet).
FRONT
YARD
SIDE
YARD
REAR
YARD
25
8
20
F. Building Area. On any lot the area
occupied by all buildings shall not exceed
40% of the total area of such lot.
(Code 1991, §160.031)
§161.05 DISTRICT R-1.5 MODERATE
DENSITY RESIDENTIAL.
A. Purpose. The Moderate Density
Residential District is designed to permit and
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encourage the development of detached and
attached dwellings in suitable environments,
to provide a development potential between
low density and medium density with less
impact than medium density development, to
encourage the development of areas with
existing public facilities and to encourage the
development of a greater variety of housing
values.
B. Uses.
1. Permitted Uses..
Unit I
City -Wide Uses by Right
Unit 2
Single -Family and Two -Family
Dwellings
Unit 26
Single -Family Dwellings
Unit 29
Single -Family, Two -Family
and Three -Family Dwellings
2. Uses Permissible on
Anneal to the Plannine Commission
Unit 2
City -Wide Uses by Conditional
Use Permit
Unit 3
Public Protection and Utility
Facilities
Unit 4
Cultural and Recreational
Facilities
C. Density.
Families Per Acre 12 or Less
D. Bulk and Area Regulatinns.
One-
Two-
Three -
Family
Family
Family
Lot
60 ft.
70 ft.
90 ft.
Minimum
Width:
Lot Area
6,000
7,260
10,890
Minimum:
sq. ft.
sq. ft.
sq. ft.
Land Area
6,000
3,630
3,630
Per
sq. ft.
sq. ft.
sq. ft.
Dwelling
Unit:
E. Yard Requirements (feet).
FRONT
YARD
SIDE
YARD
REAR
YARD
25
8
20
Cross Reference: Variance, Chapter 156.
F. Building Area. The area occupied
by all buildings shall not exceed 50% of the
total lot area.
G. Height Regulations. No building
shall exceed a height of 30 feet.
(Code 1991, §160.032; Code 1965, App. A,
Art. 5(IIA); Ord. No. 3128, 10-1-85)
§161.06 DISTRICT R-2 MEDIUM
DENSITY RESIDENTIAL.
A. Purpose. The High Density
Residential District is designed to permit and
encourage the developing of a variety of
dwelling types in suitable environments in a
variety of densities.
B. Uses.
1. Uses Permitted.
Unit 1
City -Wide Uses by Right
Unit 8
Single -Family Dwellings
Unit 9
Multifamily Dwellings -
Medium Density
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2. Uses Permissible on
Anneal 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
Unit 11
Mobile Home Park
Unit 25
Professional Offices
C. Density.
Families Per Acre 4 to 24
D. Bulk and Area Regulations.
1. Lot Width Minimum.
Mobile Home Park
100 Feet
Lot within a
Mobile Home Park
50 Feet
One Family
60 Feet
Two Family
60 Feet
Three or More
90 Feet
Professional
Offices
100 Feet
2. Lot Area Minimum.
Mobile Home Park
3 Acres
Lot Within a
4,200 Sq. Ft.
Mobile Home Park
Row House:
Development
10,000 Sq. Ft.
Individual Lot
2,500 Sq. Ft.
Single -Family
6,000 Sq. Ft.
Two -Family
7,000 Sq. Ft.
Three or More
9,000 Sq. Ft.
Fraternity or
Sorority
2 Acres
Professional
Offices
1 Acre
3. Land Area Per Dwelling
Unit_
Mobile Home
3,000
Sq.
Ft.
Apartments:
Two or More
2,000
Sq.
Ft.
Bedrooms
One Bedroom
1,700
Sq.
Ft.
No Bedroom
1,700
Sq.
Ft.
Fraternity or
1,000
Sq.
Ft. per
Sorority
Resident
E. Yard Reouirements (feet).
FRONT
YARD
SIDE
YARD
REAR
YARD
25
8
25
Cross Reference: Variances Chapter 156.
F. Height Regulations. Any building
which exceeds the height of 20 feet shall be
set back from any side boundary line an
additional distance of one foot for each foot of
height in excess of 20 feet.
(Code 1991, § 160.033; Code 1965, App. A,
Art. 5(III); Ord. No. 2320, 4-5-77; Ord. No.
2700,2-2-81)
§161.07 DISTRICT R-3 HIGH DENSITY
RESIDENTIAL
A. Purpose. The High Density
Residential District is designated to protect
existing high density multifamily
development and to encourage additional
development of this type where it is desirable.
B. Uses.
1. Permitted Uses.
Unit I
City -Wide Uses by Right
Unit 8
Single -Family Dwellings
and Two -Family Dwellings
Unit 9
Multi -Family
Dwellings/Medium Density
Unit 10
Multifamily Dwellings -High
Density
2. Uses Permissible on
Anneal 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
Unit 11
Mobile Home Park
Unit 25
Professional Offices
C. Density.
Families Per Acre 16 to 40
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D. Rulk and Area Regulations.
Lot Width
Mobile Home
100 ft.
Minimum:
Park
Lot Within a
50 ft.
Mobile Home
Park
One Family
60 ft.
Two Family
60 ft.
Three or More
90 ft.
Professional
100 ft.
Offices
Lot Area
Mobile Home
3 acres
Minimum:
Park
Lot Within a
4200
Mobile Home
sq. ft.
Park
Row Houses:
Development
10,000
sq. ft.
Individual Lot
2500
sq. ft
Single Family
6000
sq. ft
Two Family
6500
sq. ft
Three or More
8000
sq. ft
Fraternity or
1 acre
Sorority
Professional
Offices
1 acre
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Per
Dwelling
Unit:
Mobile Home
3000 sq.
ft.
Row Houses &
Apartments:
Two or More
1200 sq.
Bedrooms
ft.
One Bedroom
1000 sq.
ft.
No Bedroom
1000
sq. ft.
Fraternity or
500 sq.
Sorority
ft., per
resident
F. Yard Requirements (feet).
FRONT
YARD
SIDE
YARD
REAR
YARD
25
8
20
Cross Reference: Variance, Chapter 156.
F. Height Regulations. Any building
which exceeds the height of 20 feet shall be
set back from any side boundary line an
additional distance of one foot for each foot of
height in excess of 20 feet.
(Code 1991, §160.034; Code 1965, App. A,
Art. 5(IV); Ord. No. 1747, 6-29-89; Ord. No.
2320, 4-5-77; Ord. No. 2700, 2-2-81)
§161.08 DISTRICT RE RESIDENTIAL
ESTATE.
A. Purpose. A district having single-
-10-
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.
1. Permitted Uses.
Unit 1
City -Wide Uses by Right
Unit 2
Single -Family Dwellings
2. Uses Permissible on
Anneal 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
C. Density.
Units Per Acre One -Half
(approximately)
D. Bulk and Area Regulations.
Lot Width Minimum
200 ft.
Lot Area Minimum
2 Acres
Land Area Per
2 Acres
Dwelling Unit
Minimum
R_ Yard Renuirements (feet).
FRONT
YARD
SIDE
YARD
REAR
YARD
35
20
35
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F. Height Regulations.
Building Height 35 ft.
Maximum
(Code 1991, §160.043, Ord. No. 3792, §4, 5-
17-94)
§161.09 DISTRICT RA RESIDENTIAL
(ACRE LOT).
A. Purpose. A district having single-
family detached residences on lots with a
minimum size of one 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.
1. Permitted Uses.
Unit I
City -Wide Uses by Right
Unit 26
Single -Family Dwellings
2. Uses Permissible on
Anneal 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
C. Density.
Units Per Acre 1
-11-
D. Bulk and Area Regulations.
Lot Width
150 ft.
Minimum
Lot Area Minimum
43,560 sq. ft.
Land Area Per
43,560 sq. ft.
Dwelling Unit
E. Yard Requirements (feet).
FRONT
YARD
SIDE
YARD
REAR
YARD
35
20
35
F. Height Regulations.
Maximum Building 35 ft.
Height
(Code 1991, §160.044; Ord. No. 3792, §4, 5
17-94)
§161.10 DISTRICT RL RESIDENTIAL
LARGE LOT.
A. Purpose. To provide a single-
family dwelling transition zone 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 sq. ft.), 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.
1. Permitted I1ses_
Unit 1
City -Wide Uses by Right
Unit 26
Single -Family Dwellings
2. Uses Permissible on
Anneal fn the Plannino Commission.
p.
Unit 2
City -Wide Uses by
Conditional Use Permit
Unit 3
Public Protection and
Utility Facilities
Unit 4
Cultural and Recreational
Facilities
C. Density.
Units Per Acre 2
It Bulk and Area Regulations.
Lot Width Minimum:
100 ft.
Lot Area Minimum:
21,780 sq. ft
Land Area Per
Dwelling Unit
21,780 sq. ft.
F_ Vard Renuirements (feet).
FRONT
YARD
SIDE
YARD
REAR
YARD
30
15
30
F. Height Regulations.
Building Height Maximum 35 ft.
(Code 1991, §160.045; Ord. No. 3792, §4, 5-
17-94)
§161.11 DISTRICT RS RESIDENTIAL
SMALL LOT.
A. Purpose. The Residential Small
Lot District is designed to permit and
encourage the development of detached
dwellings in suitable environments.
-12-
B. Uses.
1. Permitted Uses.
Unit I
City -Wide Uses by Right
Unit 26
Single -Family Dwellings
2. Uses Permissible on
Anneal to the Plnnnino Commission.
Unit 2
City -Wide Uses by
Conditional Use Permit
Unit 3
Public Protection and
Utility Facilities
Unit 4
Cultural and Recreational
Facilities
Unit 8
Single -Family, Two -
Family, and Townhouse
Dwellings
r nensity_
By Right
Conditional
Use
Single-
7 or Less
8.5
Family
Dwelling
Units Per
Acre
Duplex
--
Option:
and/or
15% of the
Townhouse
Lots,
Maximum
D. Bulk and Area Reolll2tinnc
Single-
Duplex
Town -
Family
house/
no more
than 2
units
attached
Lot Width
60 ft.
60 ft.
30 ft.
Minimum
Lot Area
6,000
6,000
3,000
Minimum
sq. ft.
sq. ft.
sq. ft.
Land Area
6,000
3,000
3,000
Per
sq. ft.
sq. ft.
sq. ft.
Dwelling
Unit
E. Yard Renuirementc /fnot
FRONT
YARD
SIDE
YARD
REAR YARD
25
08
20
Cross Reference: Variance, Chapter 156.
F. Building Area. The area occupied
by all buildings shall not exceed 50% of the
total lot area.
G. Height Regulations.
Building Height 30 ft.
Maximum
(Code 1991, §160.046; Ord. No. 3792. §4,5-
17-94)
§161.12 DISTRICT R -O RESIDENTIAL
OFFICE.
A . Purpose. The Residential -Office
District is designed primarily to provide area
for offices without limitation to the nature or
size of the office, together with community
facilities, restaurants and compatible
residential uses.
B. Uses.
1. Uses Permitted_
Unit
1
City -Wide Uses by Right
Unit
5
Government Facilities
Unit
8
Single -Family and Two -
Family Dwellings
Unit
12
Offices, Studios and Related
Services
Unit
25
Professional Offices
2. Uses Permissible on
Appeal to the Plannino Cnmmiccinn
Unit
2
City -Wide Uses by
Conditional Use Permit
Unit
3
Public Protection and Utility
Facilities
Unit
4
Cultural and Recreational
Facilities
Unit
9
Multi -Family Dwelling -
Medium Density
Unit
10
Multi -Family Dwelling -
High Density
Unit
13
Eating Places
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C. Bulk and Area Regulations.
( Per Dwelline Unit for Residential Structures)
Lot
Mobile Home
100 ft.
Minimum
Park
Width:
Lot Within a
50 ft.
Mobile Home
Park
One Family
60 ft.
Two Family
60 ft.
Three or More
90 ft.
Lot Area
Mobile Home
3 acres
Minimum:
Park
Lot Within a
4200 sq.
Mobile Home
ft.
Park
Row Houses:
Development
10,000
sq. ft.
Individual Lot
2500
sq. ft
Single Family
6000 sq.
ft
Two Family
6500 sq.
ft
Three or More
8000 sq.
ft
Fraternity or
1 acres
Sorority
Land Area
Mobile Home
3000 sq.
Per
ft.
Dwelling
Unit:
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Row Houses
&Apartments:
Two or More
1200 sq.
Bedrooms
ft.
One Bedroom
1000 sq.
ft.
No Bedroom
1000
sq. ft
Fraternity or
500 sq.
Sorority
ft., per
resident
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D. Bulk and Area Regulations/
Setbacks. Setback lines shall meet the
followine minimum reauirements.
From Street ROW
30 ft.
From Street ROW if Parking
50 ft.
is Allowed Between the
ROW and the Building
From Side Property Line
10 ft.
From Side Property Line
15 ft.
When Contiguous to a R-1,
R-2 or R-3 District
From Back Property Line
25 ft.
Without Easement or Alley
From Center Line of Public
10 ft.
Alley
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E. Building Area. On any lot the
area occupied by all buildings shall not exceed
60% of the total area of such lot.
F. Height Regulations. There shall
be no maximum height limits in R -O Districts,
provided, however, that any building which
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exceeds the height of 20 feet shall be set back
from any boundary line of any R-1, R-2, or R-
3 District an additional distance of one foot
for each foot of height in excess of 20 feet.
(Code 1991, §160.041; Code 1965, App. A,
Art. 5(x); Ord. No. 1747, 6-29-89; Ord. No.
2414, 2-7-78; Ord. No. 2603, 2-19-80; Ord.
No. 2621, 4-1-80)
§161.13 DISTRICT C-1 NEIGHBOR-
HOOD COMMERCIAL.
A. Purpose. The Neighborhood
Commercial District is designed primarily to
provide convenience goods and personal
services for persons living in the surrounding
residential areas.
B. Uses.
1. Permitted Uses.
Unit 1
City -Wide Uses by Right
Unit
12
Offices, Studios and Related
Services
Unit
13
Eating Places
Unit
15
Neighborhood Shopping
Unit
18
Gasoline Service Stations and
Drive -In Restaurants
Unit
25
Professional Offices
2. Uses Permissible on
Anneal 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
-15-
C. Bulk and Area
Regulations/Setbacks. Setback lines shall
meet the followine minimum requirements:
From
Street ROW
50 ft.
From
Side Property Line
None
From Side Property Line
When Contiguous to a
Residential District
10 ft.
From
Back Property Line
20 ft.
D. Building Area. On any lot the
area occupied by all buildings shall not exceed
40% of the total area of such lot.
E. Height Regulations. There shall
be no maximum height limits in C-1 District,
provided, however, that any building which
exceeds the height of ten feet shall be set back
from any boundary line of any residential
district a distance of one foot for each foot of
height in excess of ten feet.
(Code 1991, §160.035; Code 1965, App. A,
Art. 5(V); Ord. No. 1747, 6-29-89; Ord. No.
2603, 2-19-80)
§161.14 DISTRICT C-2 THOROUGH-
FARE COMMERCIAL.
A. Purpose. The Thoroughfare
Commercial District is designed especially to
encourage the functional grouping of these
commercial enterprises catering primarily to
highway travelers.
B. Uses.
1. Permitted Uses.
Unit
1
City -Wide Uses by Right
Unit
4
Cultural and Recreational
Facilities
Unit
12
Offices, Studios and Related
Services
Unit
13
Eating Places
Unit
14
Hotel, Motel and Amusement
Facilities
Unit
15
Neighborhood Shopping
Goods
Unit
16
Shopping Goods
Unit
17
Trades and Services
Unit
18
Gasoline Service Stations and
Drive -In Restaurants
Unit
19
Commercial Recreation
Unit
20
Commercial Recreation, Large
Sites
Unit
24
Outdoor Advertising
Unit
33
Adult Live Entertainment Club
or Bar
2. Uses Permissible on
Anneal to the Planning Commission.
Unit 2
City -Wide Uses by
Conditional Use Permit
Unit 3
Public Protection and Utility
Facilities
Unit 21
Warehousing and Wholesale
Unit 28
Center for Collecting
Recyclable Materials
Unit 32
Sexually Oriented Business
-16-
C. Bulk and Area Regulations.
Setback lines shall meet the following
minimum renuirements[
From
Street ROW
50 ft.
From
Side Property
None
Line
From
Side Property
15 ft.
Line When Contiguous
to a Residential District
From
Back Property
20 ft.
Line
D. Building Area. On any lot the
area occupied by all buildings shall not exceed
60% of the total area of such lot.
E. Height Regulations. In District C-
2 any building which exceeds the height of 20
feet shall be set back from any boundary line
of any residential district a distance of one
foot for each foot of height in excess of 20
feet. No building shall exceed six stories or
75 feet in height.
(Code 1991, §160.036; Code 1965, App. A,
Art. 5(VI); Ord. No. 1747, 6-29-89; Ord. No.
1833, 11-1-71; Ord. No. 2351, 6-2-177; Ord.
No. 2603, 2-19-80; Ord. No. 4034, §§3,4, 4-
15-97)
§161.15 DISTRICT C-3 CENTRAL
COMMERCIAL.
A. Purpose. The Central Commercial
District is designed to accommodate the
commercial and related uses commonly found
in the central business district or regional
shopping centers which provide a wide range
of retail and personal service uses.
B. Uses.
1. Permitted Uses.
Unit
1
City -Wide Uses by Right
Unit
4
Cultural and Recreational
Facilities
Unit 5
Government Facilities
Unit
9
Multifamily Dwelling -
Low Density
Unit
10
Multifamily- High Density
Unit
12
Offices, Studios and
Related Services
Unit
13
Eating Places
Unit
14
Hotel, Motel and
Amusement Facilities
Unit
15
Neighborhood Shopping
Goods
Unit
16
Shopping Goods
Unit
18
Gas Service Stations and
Drive -In Restaurants
Unit
19
Commercial Recreation
2. Uses Permissible on
Anneal to the Planning Commission.
Unit 2
City -Wide Uses by
Conditional Use Permit
Unit 3
Public Protection and
Utility Facilities
Unit 19
Trades and Services
Unit 28
Center for Collecting
Recyclable Materials
-17-
C. Bulk and Area Regulations/
Setbacks. Setback lines shall meet the
following minimum requirements:
Central
Shopping
Business
Center
District
From Street
5 ft.
25 ft.
ROW
From Street
50 ft.
50 ft.
ROW if Parking
is Allowed
Between the
ROW and the
Building
From Side
None
None
Property Line
From Side
10 ft.
25 ft.
Property Line
When Contiguous
to a Residential
District
From Back
15 ft.
25 ft.
Property Line
Without Ease-
ment or Alley
From Centerline
10 ft.
10 ft.
Line of a Public
Alley
.
(Code 1991, §160.037; Code 1965, App. A,
Art. 5(VII); Ord. No. 1747, 6-29-89; Ord. No.
2351, 6-21-77; Ord. No. 2603, 2-19-80)
§161.16 DISTRICT C-4 DOWNTOWN.
A. Purpose. The Downtown District
is designed to accommodate the commercial,
office, governmental and related uses
commonly found in the central downtown area
which provide a wide range of retail, financial,
professional office, and governmental office
uses.
B. Uses.
1. Permitted Uses.
Unit 1
City -Wide Uses by Right
Unit
4
Cultural and Recreational
Facilities
Unit 5
Government Facilities
Unit
12
Offices, Studios and Related
Services
Unit
13
Eating Places
Unit
14
Hotel, Motel and
Amusement Facilities
Unit
15
Neighborhood Shopping
Goods
Unit
16
Shopping Goods
Unit
19
Commercial Recreation
Unit
25
Professional Offices
2. Uses Permissible on
Anneal to the Planning Commission.
Unit 2
City -Wide Uses by
Conditional Use Permit
Unit
3
Public Protection and Utility
Facilities
Unit
10
Multifamily Dwelling- High
Density
Unit
17
Trades and Services
Unit
18
Gas Service Station and Drive -
In Restaurants
SIC
Unit 28 Center for Collecting
Recyclable Materials
C. Bulk and Area
Regulations/Setbacks. Setback lines shall
meet the fnllnwinn minimum requirements:
From Street ROW
5 ft.
From Street ROW if a
None
Sidewalk is in Existence
or to be Provided
From Side Property Line
None
From Side Property Line
10 ft.
When Contiguous to a
Residential District
From Back Property Line
None
without Easement or
Alley
From Center Line of an
8 ft.
Easement or Alley
(Code 1991; §160.038; Code 1965, App. A,
Art. 5 (VII(a)); Ord. No. 1747, 6-29-89; Ord.
No. 2148, 10-7-75; Ord. No. 2351, 6-21-77;
Ord. No. 2362, 8-2-77)
§161.17 DISTRICT I-1 HEAVY
COMMERCIAL AND LIGHT
INDUSTRIAL.
A. Purpose. The Heavy Commercial
District is designed primarily to accommodate
certain commercial and light industrial uses
which are compatible with one another but are
inappropriate in other commercial or
industrial districts. The light industrial district
is designed to group together a wide range of
industrial uses, which do not produce
objectionable environmental influences in
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their operation and appearance. The
regulations of this district are intended to
provide a degree of compatibility between
uses permitted in this district and those in
nearby residential districts.
B. Uses.
1. Permitted Uses.
Unit I
City -Wide Uses by Right
Unit 3
Public Protection and Utility
Facilities.
Unit
4
Cultural and Recreational
Facilities
Unit
6
Agriculture
Unit
12
Offices, Studios and Related
Services
Unit
13
Eating Places
Unit
17
Trades and Services
Unit
18
Gas Service Stations and
Drive -In Restaurants
Unit
21
Warehousing and Wholesale
Unit
22
Manufacturing
Unit
25
Professional Offices
Unit
27
Wholesale Bulk Petroleum
Storage Facilities with
Underground Storage Tanks
' 2. Uses Permissible on
Anneal to the Planning Commission.
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Unit 2
City -Wide Uses by
Conditional Use Permit
Unit 19
Commercial Recreation
-19-
Unit 20
Commercial Recreation -
Large Sites
Unit 28
Center for Collecting
Recyclable Materials
C. Bulk and Area
Regulations/Setbacks. Setback lines shall
meet the following minimum requirements:
From Street
R -O -W (when
50 ft.
adjoining A
or R districts)
From Street
R -O -W (when
25 ft.
adjoining C, I or P districts)
Side (when
adjoining A or R
50 ft.
districts)
Side (when
adjoining C, I or
10 ft.
P districts)
Rear (when
adjoining C, I or
10 ft.
P districts)
D. Height Regulations. There shall
be no maximum height limits in I-1 District,
provided, however, that any building which
exceeds the height of 25 feet shall be set back
from any boundary line of any residential
district a distance of one foot for each foot of
height in excess of 25 feet.
(Code 1991, §160.039; Code 1965, App. A,
Art. 5(VIII); Ord. No. 1747, 6-29-89; Ord.
No. 2351, 6-2-77; Ord. No. 2430, 3-21-78;
Ord. No. 2516, 4-3-79)
§161.18 DISTRICT I-2 GENERAL
INDUSTRIAL.
A. Purpose. The General Industrial
District is designed to provide areas for
manufacturing and industrial activities which
may give rise to substantial environmental
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residential and business use.
B. Uses.
1. Uses Permitted.
Unit 1
City -Wide Uses by Right
Unit 3
Public Protection and
Utility Facilities
Unit 6
Agriculture
Unit 7
Animal Husbandry
Unit 12
Offices, Studios and
Related Services
Unit 18
Gas Service Stations and
Drive -In Restaurants
Unit 20
Commercial Recreation,
Large Sites
Unit 21
Warehousing and
Wholesale
Unit 22
Manufacturing
Unit 23
Heavy Industrial
Unit 28
Center for Collecting
Recyclable Materials
2. Uses Permissible on
Anneal to the Planning Commission.
Unit 2
City -Wide Uses by
Conditional Use Permit
Unit 31
Facilities Emitting Odors
and Facilities Handling
Explosives
C. Bulk and Area
Regulations/Setbacks. Setback lines shall
meet the following minimum requirements:
-20-
From Street R -O -W (when
100 ft.
adjoining A or R districts)
From Street R -O -W (when
50 ft.
adjoining C, I or P districts)
Side (when adjoining A or R
50 ft.
districts)
Side (when adjoining C, I or
25 ft.
P districts)
Rear (all districts)
25 ft.
D. Height Regulations. There shall
be no maximum height limits in I-2 Districts,
provided, however, that any building which
exceeds the height of 25 feet shall be set back
from any boundary line of any Resident I
District a distance of one foot for each foot of
height in excess of 25 feet.
(Code 1991, §160.040; Code 1965, App. A,
Art. 5(IX); Ord. No. 1747, 6-29-89; Ord. No.
2351, 6-21-77; Ord. No. 2516, 4-3-79; Ord.
No. 3971, §2, 5-21-96)
§161.19 DISTRICT P-1
INSTITUTIONAL.
A. Purpose. The Institutional District
is designed to protect and facilitate use of
property owned by larger public institutions
and church related organizations.
B. Uses.
1 _ Permitted Uses.
Unit I
City -Wide Uses by Right
Unit 4
Cultural and Recreational
Facilities
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2. Uses Permissible on §161.20. DISTRICT E-1 EXTRACTION.
Anneal to the Planning Commissinn_
Unit 2
City -Wide Uses by
Conditional Use Permit
Unit 3
Public Protection and
Utility Facilities
Unit 10
Multi -Family Dwelling -
High Density
C. Bulk and Area
Regulations/Setbacks. Setback lines shall
meet the following minimum requirements:
From Street ROW
30 ft.
From Street ROW if
50 ft.
Parking is Allowed between
the ROW and the Building
From Side Property Line
20 ft.
From Side Property Line
25 ft.
When Contiguous to a
Residential District
From Back Property Line
2511.
From Center Line of Public
10 ft.
Alley
D. Height Regulations. There shall
be no maximum height limits in P-1 District,
provided, however, that any building which
exceeds the height of 20 feet shall be set back
from any boundary line of any residential
district a distance of one foot for each foot of
height in excess of 20 feet.
E. Building Area. On any lot the
area occupied by all buildings shall not exceed
60% of the total area of such lot.
(Code 1991, §160.042; Code 1965, App. A,
Art. 5(XI); Ord. No. 1747, 6-29-89; Ord. No.
2603, 2-19-80; Ord. No. 2621, 4-1-80)
-21-
A. Purpose. The Extraction District
is designed to provide areas for the
commercial removal of natural accumulations
of sand, clay, silt, gravel, rock and any
mineral where such removal may cause
groundwater problems, noise, dust, traffic
problems, erosion, and safety concerns.
B. Uses.
1. Permitted IJsec
Unit
1
City -Wide
Uses by Right
Unit
30
Extractive
Uses
2. Uses Permissible on
Appeal to the Planning Commission.
Unit 2 City -Wide Uses by
Conditional Use Permit
C. Bulk and Area Regulations/
Setbacks. Setback lines shall meet the
following minimum requirements.
From all Property
200 ft.
Lines (Including
Street Frontage)
When Contiguous
to all R Districts
From all Property
100 ft.
Lines (Including
Street Frontage)
When Contiguous
to P,A,CandI
Districts
Minimum Lot Size
10 Acres
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Lot Width The Proposed
Minimum Development Shall
Have at Least 200
Feet of Frontage on
a State Road or
Other Adequate
Means of Access
Compatible With
Sound Land Use
Planning
Principles.
(Code 1991, § 160.047; Ord. No. 3546, 4-16-
91)
§161.21 DESIGN OVERLAY DISTRICT
(U.S. 71 HIGHWAY CORRIDOR).
A. Purpose. The purpose of
establishing a Design Overlay District for the
U.S. 71 Highway Corridor is as follows:
1. To protect and enhance the
distinctive scenic quality of the U.S. 71
Highway Corridor by providing for
nonresidential developments which will
maximize preservation and enhancement of
the natural, rural, and open character of the
terrain and foliage.
2. To address the issues of
traffic and safety.
3. To address environmental
concerns which include but are not limited to,
soil erosion, vegetation preservation, drainage
and heat islands.
4. To preserve and enhance the
economic value and viability of property
within and near the overlay district for the
U.S. 71 Highway corridor.
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B. Overlay District Boundaries. The
overlay district encompasses all lands lying
within 660 feet of each side of the right-of-
way of U.S. Highway 71 from the intersection
of U.S. Highway 71 and State Highway 471
(a/k/a 71B) north to the city limits of
Fayetteville, (a/k/a the 71 Bypass and/or John
Paul Hammerschmidt Expressway), and also
that portion known as State Highway 471S
described more fully as that portion of State
Highway 471 which connects U.S. Highway
71 to State Highway 471 (a/k/a North
College) and all future extensions of U.S.
Highway 71 within the City of Fayetteville.
Said boundaries are set out on the official plat
pages along with a legal description of such
boundaries located in the planning office.
C. Application of Overlay District
Regulations and Standards. The regulations
and standards contained herein shall apply to
all nonresidential properties, (including but
not limited to new development,
redevelopment and expansions of existing
development), located within the overlay
district boundaries. Such regulations and
standards shall be in addition to and shall
overlay all other ordinance regulations and
standards, including but not limited to
nonresidential zoning district and signage
regulations and standards. Should the
regulations and standards of the underlying
and overlay districts conflict, the overlay
district regulations and standards shall control.
D. Nonresidential Site Design and
Development Standards.
1. Setback from Right -of -
Way. All principal and accessory
nonresidential structures shall have a 50 foot
building setback from the highway or street
right-of-way. Nonresidential uses may reduce
their building setback to 25 feet if parking is
not located between the structure and highway
or street right-of-way.
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2. Green Space. A minimum
of 25 feet of landscaped green space exclusive
of right-of-way shall be provided along the
highway right-of-way and any public street to
which the development has frontage. Parking
lots shall not encroach into the green space
and shall be screened when abutting a required
green space area. Trees shall be planted at the
interval of one tree per 30 linear feet of green
space area when practicable.
R.O.W.
3. Parking Lots. All parking
lots for nonresidential development shall have
one tree per 10 parking spaces. Trees shall be
placed uniformly within the parking lot or in
islands within the lot providing a minimum of
25 square feet of unpaved area per tree.
Parking lots shall be set back a minimum of
five feet from any side property line.
-23-
Side Property Line
4. Landscaping Treatment.
Landscaping shall be required which is
sufficient to provide soil stability and promote
suitable drainage. Landscaping shall be
primarily living plants and shall attempt to
1452'
Screen: Fence, Berm, or
Landscaping Combination
incorporate existing on -site trees and
shrubbery into the landscaping scheme and the
landscaping plans shall indicate such
incorporation.
Yu n In, p IIY a
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2gb ill := Illl �� 1450'
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100'
2% Minimum Slope for Grass Drainage
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33% ≥ NI = II 1450' 25%
100' v YII 100'
33% Maximum Slope for Groundcover 24% Maximum Slope for Mowing Grass '
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a. Replacement. Any b. Native Species.
required landscaping that dies or is damaged Tree species planted within these corridors
' shall be replaced by the current owner of the should be consistent with other species
property. Where possible, native vegetation present. preferably native. Trees shall be 1 '/2
should be used in order to minimize the inches DBH at planting with an expected
' amount of watering required. The city shall height of 60 feet or more at maturity. Species
require replacement vegetation if it is not selection shall be at the discretion of the
maintained, developer but if root or branching habits of
plant material should be a nuisance (for
'
example: roots breaking through the sidewalk,
messy fruit, etc.), plant materials shall be
replaced at the owner's expense.
' 60 Tall
at Maturity
til�f _ 1
'
at Time of
Planting
' 5. Signage.
Standing Signs.
nonresidential lot
ground -mounted (i
the building site.
a. Nonresidential Free
(1). Each separate
will be allowed a single
nonument) sign located on
In the case of lots with
' double frontage, two ground -mounted
(monument) signs shall be allowed.
I
75 Square Feet
Maximum
' City
of
6• Fayetteville
1
Do This Don't Do This
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(2). The sign shall be a
maximum of six feet high, 75 square feet in
area, and set back a minimum of 10 feet from
the property line
Property Line 3
-26-
b. Nall Signs. One
wall sign may be installed per business. Sign
area shall not exceed 20% of that wall area or
200 square feet, whichever is less. A second
sign may be allowed if it is determined that
the structure has more than one front facing a
street or highway right-of-way.
c. Illumination. Only
indirect lighting may be used for illumination
of all signs.
d. Multiple Tenants.
The owner of the building shall be responsible
for the provision of one monument sign with
sign area for multiple tenants.
e. Sign Content.
Content of monument and wall signs shall be
limited to the name of the business.
Advertising shall not be permitted on the
structure, wall sign or monument.
6. Curb Cuts. One curb cut
shall be allowed per 200 feet of frontage. No
curb cuts shall be allowed within 250 feet of
any intersection.
Curb Cuts Must be
at Least 250from
Intersections
ofl r
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100'
One Curb Cut per 200Frontage
7. Lighting. Parking lot
lighting shall be designed and located in such
a manner to preserve the scenic appearance of
the corridor. Lighting shall be shielded and
directed downward to the parking lot and light
spread shall not reflect into the adjacent
neighborhood. Lighting shall not exceed 35
feet in height and shall utilize sodium lighting
fixtures.
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8. Screening. All mechanical
and utility equipment, trash enclosures, and
parking lots shall be screened in the following
manner:
a. Equipment. All
mechanical and utility equipment on the side
of the building and/or on the ground shall be
screened by fencing and/or vegetation if
visible from the highway/street right-of-way
or residential property. Screening of roof -
mounted utilities shall be incorporated into the
structure, utilizing materials compatible with
the supporting building.
Utility Equipment
i
Landscape
Screening
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Screen Roof -Mounted
Utilities
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b. Trash. Trash
enclosures shall be screened on three sides
with the access not visible from the street.
c. Parking. Parking
lots shall be screened by a four -foot high
view -obscuring landscaped berm, wall,
landscaping, or combination of berm/wall
and/or landscaping. If view obscuring walls
Sight Line
4Above Street
Street
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Trash
Enclosure
are utilized, they shall be set back a minimum
of five feet from the property line with
landscaping located between the waif and
property line. All walls shall be constructed of
wood, masonry, or natural -looking materials.
4' Berm, Parking
Wall, and I Lot
Landscape
Combination
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Lot
_;o_
Street
Do This Parking Lot
Don't Do This Parking Lot
Property
Line JI
View-obscuri
Landscaping
9. Exterior Appearance. All
structures shall be architecturaiiv designed to
have front facades facing all street and
highway
shall be
right-of-way.
submitted
An
for
elevation drawing
each side of the
building
that faces a
street
or highway.
10. Building Material.
Buildings shall be constructed of wood.
masonry, or natural looking materials. No
structures shall be allowed that have metal
side walls UNLESS such metal siding is
similar in appearance to wood, masonry or
natural looking material.
11. Site Coverage. 25% of
the site shall be left in open space. 80% of the
open space shall be landscaped which may
include ponds and fountains.
12. Utilities. Aboveground
utilities may be located at the rear property
line. In the event it is not feasible to place
utilities at the rear property line, utilities shall
be placed underground.
13. Optional Fencing. All
fencing shall be constructed of wood,
masonry, or natural -looking materials. No
optional fencing shall be located within the
green space required by section D.2. No metal
fencing shall be allowed except in the
following cases:
a. Wrought iron
fencing.
b. If other types of
metal fencing are necessary for security
purposes, they may be used if the area is first
fenced off with a view -obscuring natural or
natural -looking fencing material. The metal
fencing shall be placed inside the view -
obstructing fencing, and the view -obscuring
fencing shall be at least the height of the metal
fencing.
Security Fence) Aesthetic Fence
4
Parking Lot Street
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14. Outdoor Storage of
Material and Equipment. All outdoor
storage of material and equipment shall be
screened with natural vegetation.
15. Access.
a. Pedestrian.
Pedestrian access shall be provided from the
street to the entrance of the structure by way
of a designated trail or sidewalk.
Bike Rack
b. :Multi -Modal.
Multi -modal access may be required on
nonresidential sites within the design overlay
district. (For example: The provision of bus
stops, bicycle racks, parking stalls for car
pools, and bicycle and pedestrian walks and
trails).
Sidewalk
Bus Stop
lfulti•modal Access
'edestrian Sidewalk —Trails
Commercial —4
Residential —a ❑ ❑ o ❑ ❑ O
❑❑❑❑❑❑ o
Link Different Zones with Trails
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16. Plans/Drawings Required.
The following plans and drawings shall be
submitted prior to large scale development
review and approval:
a. Landscaping plan.
b. Screening elevation.
e. Front facade
elevation.
d. Monument sign
elevation.
e. Scaled drawings of
signage.
f. Large scale
development plan.
Drawings, plans and elevations may be
combined when possible.
E. Nonresidential Developments
and Multiple Building Sites. In the case of
nonresidential development involving
multiple building sites, whether on one or
more platted lots, the above described
regulations shall apply to the development as
an entire tract rather than to each platted lot.
F. Large Scale Development. All
nonresidential development within the design
overlay district shall be reviewed through the
large scale development procedure and shall
meet all those requirements regulating large
scale developments regardless of the size of
the tract.
G. Exemptions.
1. Undeveloped or partially
developed lots in nonresidential subdivisions
lying within the design overlay district for
U.S. 71 Highway corridor which have
received preliminary or final approval as
nonresidential subdivision prior to June 28,
1994, are hereby exempt from compliance
with Ordinance No. 3806 [§161.21].
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2. Owners of lots within
nonresidential subdivisions which obtained
preliminary or final approval as nonresidential
subdivisions prior to June 28, 1994, and not
included in the specifically exempted
properties may apply for an exemption to the
Fayetteville City Planner. The City Planner
shall respond to the application in writing
within ten working days of the receipt of the
application.
3. Completed development
upon property subject to such exemption not
in compliance with the standards set forth in
Ordinance No. 3806 [§161.21] shall be
considered pre-existing nonconforming
structures.
4. Nothing contained herein
shall limit or prohibit property owners from
utilizing the variance provisions contained in
Ordinance No. 3806 .[§ 161.21 ].
(Code 1991,
§160.048;
Ord.
No. 3821, §§ 1,
3--5, 8-9-94;
Ord.
No. 3806,
6-28-94)
Cross Reference: Variances, Chapter 156;
Appeals, Chapter 155.
CHAPTER 162:
USE UNITS
§162.01 Establishment/Listing. The various
use units referred to in the zoning district
provisions are herein listed in numerical order.
Within the use units, the permitted uses are
ordinarily listed in alphabetical order. In these
use units where there is a preliminary
descriptive statement (which may mention
specific uses) in addition to the detailed list of
uses, the detailed list shall govern.
T 1SF I INTTS
Unit I
City -Wide Uses by Right
Unit 2
City -Wide Uses by Conditional Use
Permit
Unit 3
Public Protection and Utility Facilities
Unit 4
Cultural and Recreational Facilities
Unit 5
Government Facilities
Unit 6
Agriculture
Unit 7
Animal Husbandry
Unit 8
Single -Family, Duplexes, and
Townhouse Dwellings
Unit 9
Multifamily Dwellings - Medium
Density
Unit 10
Multifamily Dwellings -
High Density
Unit 11
Mobile Home Park
Unit 12
Offices, Studios and Related Services
Unit 13
Eating Places
Unit 14
Hotel, Motel and Amusement
Facilities
Unit 15
Neighborhood Shopping Goods
Unit 16
Shopping Goods
Unit 17
Trades and Services
Unit 18
Gasoline Service Station and Drive -In
Restaurants
Unit 19
Commercial Recreation
Unit 20
Commercial Recreation, Large Sites
Unit 21
Warehousing and Wholesale
Unit 22
Manufacturing
Unit 23
Heavy Industrial
Unit 24
Outdoor Advertising
Unit 25
Professional Offices
Unit 26
Single -Family Dwellings
Unit 27
Wholesale Bulk Petroleum Storage
Facilities with Underground Storage
Tanks
Unit 28
Center for Collecting Recyclable
Materials
Unit 29
Single -Family, Two -Family and
Three -Family Dwellings
Unit 30
Extractive Uses
Unit 31
Facilities Emitting Odors and
Facilities Handling Exposives
Unit 32
Sexually Oriented Businesses
Unit 33
Adult Live Entertainment Club or Bar
A. Unit 1. City -Wide Uses by
Right.
1. Description. Unit I consists
of public uses, essential services, agricultural
uses, open land uses, and similar uses which
are subject to other public controls or which
do not have significantly adverse effects on
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other permitted uses and are, therefore,
permitted as uses of right in all districts.
2. Included Uses. Public
facilities of the types embraced within the
recommendations of the comprehensive plan.
Agricultural, Forestry,
-Field Crop Farms
and Fishery:
-Fishery
-Forest
-Fruit, Tree, and
Vegetable Farm
Essential Services
-Fire Alarm Box
Located in Public
-Fire Hydrant
Rights -of -Way:
-Passenger Stop for
Bus
-Police Alarm Box
- Sidewalk
-Street, Highway, and
Other Thoroughfare
Street Signs, Traffic
Signs and Signals
- Utility Mainline,
Local Transformer
and Station and
Similar Facilities
Customarily
Located in Public
ROW
Recreations and
-Arboretum
Related Use:
-Historical marker
-Park Area
-Parkway
-Wildlife Preserve
Water Facilities:
-Reservoir, Open
-Watershed
-Conservation or Flood
Control Project
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B. Unit 2. City -Wide Uses by
Conditional Use Permit.
1. Description. Unit 2 consists
of uses which may be conducted anywhere in
the territorial jurisdiction, but which can be
objectionable to nearby uses and are therefore
permitted subject to conditional use permits in
all districts.
2. Included Uses.
Public and Private
Facilities:
-Antique Shop
-Airport, Flying Fields and
Heliport
-Bed and Breakfast
Facilities
-Campground
-Plant Nursery
-Sewage Disposal Facility
-Solid Waste Disposal
Facility
-Water Recreation Area
Temporary -Carnival, Circus and Tent
Facilities: Revival
-Construction Facility
-Real Estate Sales Office
(located at a specific
location in an
underdeveloped or
partially developed
subdivision and operated
for the purpose of
developing said
subdivision)
-Sanitary Landfill Area
C. Unit 3. Public Protection and
Utility Facilities.
1. Description. Unit 3
consists primarily of public protection and
utility equipment which:
a. Is ordinarily
not located in the street right-of-way and can
be significantly objectionable to nearby
residential, commercial, and light industrial 2. Included Uses. '
uses, and
b. Have requirements Art Gallery, Library,
for specific locations or are needed to serve Museum
residential neighborhoods or other local areas, Child Care Center,
and Nursery School
c. Are, therefore, '
permitted only on review. Church
College or University
2. Included Uses.
Dormitory
Facilities of -Electric Regulating Auditorium, Stadium 1
Public Service Station
Corporations: - Pressure Control Station Corrununity Center
-Transmitting Station or Detention Home
Tower, Radio, Telegraph, '
Telephone, Television Golf Courses
Other Utility and -Airway Beacon Hospital
Protective -Fire Protection ,
Facilities: -Police Protection Park
-Public Utility Maintenance
Building, Warehouse, or Playfield, Playground '
Storage Building
-Water Pipeline Rights -of- Private Club or Lodge
Way, Treatment Plant, Riding Stables
Water Storage Facility '
School: Elementary, Junior
Railroad Rights- High, Senior High
of -Way
Swimming Pool
Communication
and Utility Tennis Court
Transmission ,
Line Rights -of- Theater (legitimate)
Way Zoo
U. Unit 4. Cultural and Cross Reference: Parking and Loading, '
Recreational Facilities. Chapter 172 .
1. Description. Unit 4 E. Unit 5. Government Facilities. I
consists of cultural and recreational uses to 1. Description. Unit 5 consists
serve the residents of the community.
of the main facilities of government agencies.
1
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2. Included Uses.
City or County Jail
Courts of Law
Fire Station
Governmental Agencies and Offices
Library
Police Station
Post Office
F. Unit 6. Agriculture.
1. Description. Unit 6 consists
of agricultural uses and services and certain
other uses suitable for location near, but not
in, residential district.
2. Included Uses.
Agricultural
Farm:
-Crop
Uses and
-Egg
Services:
-Truck
Services:
-Hay baling
-Smoking,
curing and
selling of
smoked or
cured poultry
and livestock
-Sorting,
packing and
selling of
fruits,
vegetables and
flowers
-Threshing
Cemetery
Crematorium
Mausoleum
Institutional
-Hospital
Use:
-Convalescent
Home
G. Unit 7. Animal Husbandry.
1. Description. Unit 7
consists of livestock raising and related
activities which are ordinarily objectionable to
other uses and require, therefore, a buffer strip
when abutting a C or R District.
2. Included Uses.
Animal Farms for
Show, Breeding,
and Training
Farms with
Livestock
Livestock Services:
-Animal Hospitals
-Shipping of
Livestock
-Training of Horses
-Veterinarians'
Treatment Areas
Recreational Uses:
-Guest Ranch
-Riding Stable
-Rifle Range
-Rodeo Ground
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)
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I. Unit 9. Multifamily
Dwellings -Medium Density.
1. Description. Unit 9
consists of units of two or more family
dwellings, which have been grouped
separately to allow an intermediate residential
density of four to 24 families per acre.
2. Included Uses.
Fraternity or Sorority Houses
Home Occupations
Multifamily Dwellings
Townhouse Developments
Two -Family Dwellings
J. Unit 10. Multifamily
Dwellings -High Density.
1. Description. Unit 10
includes multifamily dwellings which provide
areas for high density of 16 to 40 families per
net acre.
2. Included Use.
Convalescent Home
Dormitory
Fraternity or Sorority Houses
Home Occupations
Multifamily Dwelling
Rooming/Boardinghouse
Townhouse Development
K. Unit 11. Mobile Home Park.
1. Description. Unit 11
consists of a separate use of mobile home
parks, in order that they may be located in
appropriate residential areas.
2. Included Uses.
Mobile Home Park
Cross Reference: Use Conditions, Chapter
163.
L. Unit 12. Offices, Studios and
Related Services.
1. Description. Unit 12
consists of offices, studios, medical and dental
labs, and other compatible or supporting
services and sales.
2. Included Uses.
Advertising
Agency
Artist's Studio
Barber and
Beauty Shops
(with six or fewer
chairs)
Computing
Service
Data Processing
Service
Drafting Service
Dental Clinic
Financial
Institution
Funeral Home
Medical Clinic
Office Buildings
Social and
Welfare Agencies
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Sale of Supplies
-Architects and Artists
and Equipment
Supplies
-Business Machines
-Dental Supplies
-Medical and Optical
Supplies
-Office Furnishing
Scientific
Instruments
Services:
-Auto Parking Garage
-Blueprinting
-Employment Agency
-Photocopying
-Printing
-Ticket Office,
Transportation
and Amusement
-Travel Agency
-Veterinary Small Animal
Out -Patient Clinic
M. Unit 13. Eating Places.
1. Description. Unit 13 is
established so that eating places can be
located as needed without necessarily
introducing other commercial uses.
2. Included Uses.
Eating Places, Other Than=Drive�-Ins,Which DoNot Provide Dancing or E
N. Unit 14. Hotel, Motel and
Amusement Facilities.
1. Description. Unit 14
consists of hotels, motels and certain types of
amusement facilities.
Auditorium
Dance Hall
2. Included Uses.
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Hotel
Membership Lodge
Motel
Motion Picture Theater
Night Club
Restaurant Providing Dancing and/or
Entertainment
Tavern
0. Unit15. Neighborhood
Shopping Goods.
1. Description. Unit 15
includes a variety of frequently purchased
commercial goods, where convenience of
location is more important than comparative
shopping. These uses are grouped in limited
areas while prohibiting all others not
necessary near the residential areas.
2_ inrindad I1cac
Retail
Bookstores
Trade:
Food:
-Bakery
-Food
specialties
store
-Dairy
products
-Grocery
-Super-
markets
-Delicatessen
-Health food
store
Drugstore
Florist
C
2. Included Uses.
Hardware
Store Retail Trade 7shopop
Establishments: nd AccessoryHome relFurniture Store oreService -Dry
Establishment: cleaning -Tailoring '
-Barber and
beauty shop '
-Laundry Automotive, Marine -Auto Accessory Store
Craft Establishment: -Auto Sales
-Boat and Accessories
News and -Bicycle Shop '
Magazine -Bookstore
Stand -Camera Shop
-Dry Goods
Laundry -Coin -Garden Supply
Operated
General Merchandise -Department Store
Service Station Establishment: -Mail Order
-Trading Stamp
Picture Redemption Store
Framing, retail -Hardware Store
-Hobby Shop
P. Unit 16. Shopping Goods.
Home Furniture: -Appliances ,
-China, Glassware
1. Description. Unit 16 -Draperies, Curtains
consists of stores selling retail goods which -Floor Coverings
are ordinarily purchased less frequently and -Furniture
Music Instruments
often have a community -wide or regional -Radio and Television
market. Store
-Record and Tape Shop '
Jewelry '
Leather Goods and
Luggage
Optical Goods '
Pet Shop
Sporting Goods
Stationery Store
Toy Shop
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Service
Establishments
-Branch Community
Facility
-Library
-Post Office
Personal Services:
-Auto Rental Agency
Office
-Barber and Beauty
Shops (with more than 4
chairs)
-Costume Rental Service
-Detective Service
-Dry-Cleaning Service
-Interior Decorating
-Optician/Optometrist
-Photo Finishing
-Photographic Studio
-Picture Framing
-Reading Rooms
-Reducing Salon
-Sign Painting
-Social and Welfare
Agency
-Gunsmith
-Locksmith
-Watch and Jewelry
Repair
Transportation
-Bus Station
Service:
-Express Service
-Helistop
-Railway Terminal
-Taxicab Station
Q. Unit 17. Trades and Services.
1. Description. Unit 17
consists of establishments engaged primarily
in providing household and automotive
maintenance and similar services which fulfill
recurrent needs of residents of nearby areas,
but are generally incompatible with primary
retail districts because they break the
continuity of retail frontage.
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2. Included Uses.
Retail Trade
-Automotive Sales, Service
Establishments,
and Repair, Including Body
General
Shop
-Buses
-Mobile Home
-Motorcycle, Including
Service and Repair
-Trucks, Including Service
and Repair
-Trailers, Camping, Hauling,
Travel
-Uses Car Lots
-Farm Supplies and Equip-
ment, Including Service and
Repair
-Farm Supplies and Equip-
ment, Including Service and
Repair
General
-Direct Selling
Merchandise
Establishment
Merchandise
Vending
Machine
Operations
Institutional
Furniture and
Furnishings
Marine Craft,
-Boats and Accessories
Sales & Service
Medical and
Orthopedic
Appliances
Personal Help -Animal Hospital
-Auctioneer
-Barber and Beauty Shop
-Bindery
-Cabinetmaker
-Frozen Food Locker
-Drapery Service
-Dry Cleaning
-Laundry
-Linen Supply and Industrial
Laundry
-Packing and Crating
-Rug Cleaning
-Taxidermist
-Tool Sharpening
Repair Service -Armature Rewinding
-Auto Repair
-Auto Wash
-Electrical Repair Service
-Furniture
-Mattresses
-Motors
-Radio and Television Repair
-Reupholstry
R Unit 18. Gasoline Service Station
and Drive -In Restaurants.
1. Description. Gasoline
service stations and drive-in restaurants can be
significantly objectionable to nearby uses, so,
therefore, have been allowed only in districts
where necessary to provide this use.
2. Included Uses.
Gasoline Service Station
Self -Service Auto Wash ( in conjunction with a
gasoline service station)
Drive -In Restaurant
S. Unit 19. Commercial Recreation.
1. Description. Unit 19
consists of commercial amusements which
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ordinarily do not require large sites and often
seek location in or near developed commercial
areas.
2. Included Uses.
Billiard and Pool Parlor
Bowling Alley
Domino
Slot Car Track
Skating Rink
Penny Arcade
Indoor Theater
Cross Reference: Parking and Loading,
Chapter 172 .
T. Unit 20. Commercial Recreation,
Large Sites.
1. Description. Unit 20
consists of commercial recreation facilities
which are usually conducted out-of-doors, on
large sites, and in undeveloped, outlying parts
of the City. Uses in the unit have an adverse
effect on certain other uses, in that they are
often noisy and are large traffic generators.
2. Included Uses.
Amusement Park
Drag Strip
Drive -In Theater
Fairgrounds
Fishing Dock
Go -Cart Track
Golf Range
Miniature Golf
Race Track
I
U. Unit 21. Warehousing and
Wholesale.
1. Description. Unit 21
includes warehousing, wholesaling and
trucking of the type which is usually located
to serve the central business district and is
easily serviced by rail and highway
transportation.
2. Included Uses.
Warehouses
Wholesale
Establishments
Trucking Establishments
Building Material
-Air Conditioning
Establishments:
-Building Materials
-Electrical Supply
-Glass
-Heating Equipment
-Lumber
-Paint
-Plumbing Supplies
-Wallpaper
Fuel and Ice
-Bottled Gas
Establishments:
-Fuel Dealer
-Fuel Oil
-Ice House
Ministorage Units
Monument, Including
Processing
Vending Machines
Amusement Park
Service Establishments:
-Disinfecting and
Building Services
Exterminating
Services
-Janitorial Service
-Window Cleaning
Service
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Service Establishments:
Contract
Construction Service
-Air Conditioning
-Building
Construction
-Carpentry
-Cesspool Cleaning
-Concrete
-Decorating
-Electrical
-Furnace Cleaning
-Heating
-Heavy Construction
-Masonry
-Oil Well Drilling
-Painting
-Paper Hanging
-Plastering
-Plumbing
-Roofing
-Sheet Metal
-Stonework
-Tile Setting
-Water Well Drilling
-Housing for
Caretakers
V. Unit 22. Manufacturing.
1. Description. Unit 22
consists of industrial uses which usually
generate some adverse environmental effects
and for this reason they should be located
away from uses which do not produce adverse
effects.
2. Included Uses.
Fabricated Metal -Cutlery Engraving
Products: -Fire Control
Equipment
-Guns and Related
Equipment
-Machinery
-Tanks
-Transportation
Equipment,
Including Body
Shops
Fabricated -Air Conditioning
Structural Products: and Cooling
Apparatus
-Fabricated Wire
Products
-Fire Control
Equipment
-Hardware
Products
-Heating Apparatus
-Metal Cans
Miscellaneous -Athletic Goods
Manufacturing: -Amusements
-Musical
Instruments
-Plated Ware
-Silverware
-Sporting Goods
-Toys
-Textile Products
-Housing for
Caretakers
W. Unit 23. Heavy Industrial
1. Description. Unit 23
consists of uses which cause the greatest
adverse environmental effects because of
odor, noise, unsightliness, air pollution and
explosions.
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Manufacturing
-Fabricated Metal
Uses:
Products
-Primary Metal Industries
-Textile Mill Products
Processing and
-Auto Salvage
Sales:
-Junk Yards
-Scrap Metal
-Refuse
Repair Service
-Tire Recapping
Wrecking and
Demolition Services
Apparel Products:
-Industrial Leather Belting
Clay Products
Food and Allied
Products
Furniture and Allied
Products
Glass Products
Lumber and Wood
-Millware Products
Products
-Plywood Products
-Prefabricated Structural
Wood
-Veneer Products
-Wooden Container
Paper and Allied
-Paperboard Containers
Products:
Petroleum and
-Coal Yard
Related Industries:
-Lubricating Oils and
Greases
Primary Metal
-Foundry
Industry
Stone Products
Housing for
Caretakers
X. Unit 24. Outdoor Advertising.
1. Description. Unit 24
consists of outdoor advertising signs
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(billboards) on which space is leased or rented
by the owners thereof to others for the purpose
of conveying a commercial or noncommercial
message. Outdoor advertising is set forth as a
single use unit in order to provide maximum
control over the location of outdoor
advertising signs.
2. Included Use.
Outdoor Advertising Signs
Y. Unit 25. Professional Offices.
1. Description. Unit 25
consists of small professional offices that are
compatible with medium and high density
residential areas.
2. Included Uses.
Doctor's Office (no more than four doctors)
Dentist's Office ( no more than four dentists)
Insurance Sales
Studio for Teaching Any of the Fine or Liberal
Arts
Photography Studio
Welfare Agencies
Architect
Engineer
Attorney
Accountant
Business or Management Consultant
Realtor
Broker
Interior Decorator
Veterinary Small Animal Out -Patient Clinic
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Z. Unit 26. Single -Family
Dwellings.
1. Description. Unit 26 is
provided in order that single-family detached
dwelling may be located in appropriate
residential areas.
2. Included Uses.
Single -Family Detached Dwellings
AA. Unit 27. Wholesale Bulk
Petroleum Storage Facilities with
Underground Storage Tanks.
1. Description. Unit 27 is
provided in order that wholesale bulk
petroleum storage facilities with underground
storage tanks may be located in the
appropriate industrial areas.
2. Included Uses.
Wholesale Bulk Petroleum Storage Facilities with
Underground Storage Tanks
BB. Unit 28. Center for Collecting
Recyclable Materials.
1. Description. Unit 28 is
provided in order that centers for collecting
recyclable material may be located in
appropriate commercial and industrial areas.
2. Included Uses.
Center for Collecting Recyclable Materials
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CC. Unit 29. Single -Family, Two -
Family and Three -Family Dwellings.
1. Description. Unit 29 is
provided in order that single-family, two-
family, and three-family dwellings may be
located in appropriate residential areas at a
density of 12 families or less per acre.
2. Included Uses.
Single -Family, Two -Family and Three -Family
Dwellings.
DD. Unit 30. Extractive Uses.
1. Description. Unit 30
consists of extractive uses which generate
substantial nuisances and adverse
environmental effects.
2. Included Uses.
Mining:
-Coal and Ores
-Clay, Sand and
Silt
-Rock and Gravel
-Other Minerals
-Petroleum
Extraction
-Natural Gas
Extraction
Other:
-Rock Crushing
-Sorting and
Washing of Earth
Products
Cross Reference: Supplementary District
Regulations, Chapter 164.
EE.
Unit 31.
Facilities
Emitting
Odors and
Facilities
Handling
Explosives.
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1. Description. Unit 31
consists of facilities which are heavy
industrial in nature, but which have the
potential to have adverse effects such as odor
or the potential for explosions.
2. Included Uses.
Manufacturing
Chemical
Uses:
and Allied
Products
Food and
-Animal facts
Kindred
and oils
Products:
rendering
-Beverages
distilling
-Meat
slaughtering
and packaging
Paper and
Allied
Products
Rubber
and Plastic
Products
Processing and
Explosives
Sales:
Wholesale and
Livestock,
Warehousing:
Stockyards
Explosive
Materials
Apparel
Leather
Products:
Tanning
Chemical and
Any
Allied
Process
Products:
Likely to
Emit Odor
or Have
the
Potential
for
Explosion
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Paper and
-Building
Allied
Paper and
Products:
Board
-Paper
Petroleum and
Bulk
Related
Station and
Industries:
Terminal
Rubber and
-Inner
Miscellaneous
Tubes
Plastic
-Tires
Products:
FF. Unit 32. Sexually Oriented
Business.
1. Description. Unit 32
consists of adult arcades, adult bookstores or
adult video stores, adult cabarets, adult motion
picture theaters or adult theaters whose
inventory, merchandise or performances are
characterized by a preponderance of
"specified sexual activities" or "specified
anatomical areas" all as more fully set forth in
Ordinance No. 4024, §123.26, as may be
amended from time to time.
2. Included Uses.
Adult Arcade
Adult Bookstore
Adult Video Stores
Adult Cabarets
Adult Motion Picture Theaters
Adult Theaters
(Code 1991, §118.01; Ord. No. 4024; §3, 3-
18-97)
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GG. Unit 33. Adult Live
Entertainment Club.
1. Description. Unit 33
includes fixed places of business selling or
dispensing alcoholic beverages including
private clubs which emphasize and seek
through one or more dancers to arouse or
excite the patrons' sexual desires.
2. Included Uses.
Semi-nude Club or Bar
Exotic Dance Club or Bar
Go -Go- Dance Club or Bar
Strip Club or Bar
Gentleman's Club or Bar
(Code 1991, §160.055; Code 1965, App. A,
Art. 6(A), (F); Ord. No. 1747, 6-29-89; Ord.
No. 3129, 10-1-85; Ord. No. 3165, 2-4-86;
Ord. No. 3341,3 15 88; Ord. No. 3546, 4-19-
91; Ord. No. 3792, §§2, 3, 5-17-94; Ord. No.
3870, §1 (Exh. A), 2-21-95; Ord. No. 3909,
§1, 7-18-95; Ord. No. 3971, §§3,4, 5-21-96;
Ord. No. 4034, §§1, 2,4-15-97)
§162.02 INTERPRETATION.
A. In each use unit division, permitted
uses are set forth in the division entitled
"Included Uses." In the event of a conflict
between such divisions and the "description"
divisions, the former shall prevail.
B. In any case where there is a
question as to whether or not a particular use
is included in a particular use unit, the City
Planner shall decide. A use shall not be
interpreted as being in any use unit if it is
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chapter.
(Code 1991, §160.056; Code 1965, App. A,
Art. 6(B); Ord. No. 1747, 6-29-70; Ord. No.
2181, 1-6-76)
§162.03 CONDITIONS OF USE.
A. A use shall be subject to the
provisions of the district in which the use is
permitted. Certain uses shall be subject to
additional conditions as set forth separately
herein. Reference will be made in the chapter '
to conditions applicable to a particular use in
the unit where the use is listed.
B. Uses which are permitted both as
principal and accessory uses shall be subject
to the conditions set forth for the use as a
principal use.
(Code 1991, §160.057; Code 1965, App. A, '
Art. 6(C); Ord. No. 1747, 6-29-70; Ord. No.
4034, §6, 4-15-97)
§162.04 ENCLOSURE OF USES.
Where so specified in a use unit
listing, a use shall be operated only within a
fully enclosed structure. (The excepting of
certain districts from this requirement with
respect to certain uses does not indicate that
such uses are necessarily permitted in such
districts.) (In districts where enclosure of use
is required, accessory off-street parking and
loading shall be exempted from this enclosure
requirement.)
(Code 1991, §160.059; Code 1965, App. A,
Art. 6(E); Ord. No. 1747, 6-29-70)
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Chapter 163:
Use Conditions
§163.01 LISTING. The use conditions set
forth in this chapter are the following:
Accessory Commercial Uses
Accessory Structures and Uses: General
Accessory Residential Uses in Nonresidential
Districts
Animals and Fowl
Automobile Garages
Automobile Wash Service
Bed and Breakfast Facilities
Carnival, Circus, Amusement Park or Similar
Temporary Open -Air Enterprise
Child Care: Nursery School
Dance Hall
Detached Second Dwelling Units Within
Residential Districts
Drive -In Facilities
Duplexes Uses in R-1 Residential District
Facilities Emitting Odors and Facilities
Handling Explosives
Garage Sales
Gasoline Service Station
Home Occupations
Industrial Parks
Limited Neighborhood Commercial Uses
Within Residential District
Mobile Homes
Nonresidential Uses in R Districts
Prefabricated Construction
Retail Liquor Stores
Riding Stables
Sexually Oriented Business
Tandem Lot Development
(Code 1991, §160.075; Code 1965, App. A,
Art. 7; Ord. No. 1747, 6-29-70; Ord. No.
3887, §1, 4-18-95; Ord. No. 3892, §1, 5-16-
95)
§163.02. AUTHORITY; CONDITIONS;
PROCEDURES.
A. Applications. The requirements
contained herein shall apply to all conditional
uses in addition to the specific requirements
set forth in each individual conditional use.
B. Authority; Conditions. The
Planning Commission shall:
1. Hear and decide only such
special exemptions as it is specifically
authorized to pass on by the terms of this
chapter.
2. Decide such questions as
are involved in determining whether a
conditional use should be granted; and,
3. Grant a conditional use with
such conditions and safeguards as are
appropriate under this chapter; or
4. Deny a conditional use
when not in harmony with the purpose and
intent of this chapter.
C. Procedures. A conditional use
shall not be granted by the Planning
Commission unless and until:
1. A written application for a
conditional use is submitted indicating the
section of this chapter under which the
conditional use is sought and stating the
grounds on which it is requested.
2. The applicant shall pay a
filing fee as required under Chapter 159 to
cover the cost of expenses incurred in
connection with processing such application.
3. The Planning Commission
shall make the following written findings
before a conditional use shall be issued:
(a). That it is
empowered under the section of the chapter
described in the application to grant the
conditional use; and,
(b). That the granting
of the conditional use will not adversely affect
the public interest.
(c). The Planning
Com-mission shall certify:
(1). Compliance
with the specific rules governing individual
conditional uses; and,
(2). That satis-
factory provisions and arrangements have
been made concerning the following, where
applicable:
( a). Ingress to
and egress from property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and
convenience, traffic flow and control and
access in case of fire or catastrophe;
(b). Off-street
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parking and loading areas where required,
with particular attention to ingress and egress,
economic, noise, glare, or odor effects of the
special exception on adjoining properties and
properties generally in the district;
(c). Refuse
and service areas, with particular reference
ingress and egress, and off-street parking and
loading,
(d). Utilities,
with reference to locations, availability, and
compatibility;
(e). Screening
and buffering with reference to type,
dimensions, and character;
(f). Signs, if
any, and proposed exterior lighting with
reference to glare, traffic safety, economic
effect, and compatibility and harmony with
properties in the district;
(g). Required
yards and other open space; and
(h). General
compatibility with adjacent properties and
other property in the district.
D. Disapproval/Recon-
sideration. No application for a conditional
use will be considered by the Planning
Commission within 12 months from the date
of final disapproval of a proposed conditional
use unless there is evidence of changed
conditions or new circumstances which justify
reconsideration submitted to the Planning
Commission.
(Code 1991. §160.195; Code 1965, App. A,
Art, 9(6); Ord. No. 1747, 6-29-70; Ord. No.
2322,4-5-77; Ord. No. 2538, 7-3-79; Ord. No.
3925, §7, 10-3-95)
§163.03 ACCESSORY COMMERCIAL
USES. Permitted accessory uses in R-2, R-3,
and R -O districts shall include accessory
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commercial uses of the types included in Unit
13 provided that:
A. Convenience. Such uses are
located entirely within a multifamily dwelling
or office building as an accessory use for the
convenience of the occupants of said building,
B. Gross Floor Area. Do not occupy
more than 10% of the gross floor area of the
building in which located,
C. Signs. Have no signs or other
advertising visible from outside the zoning lot
on which located,
D. Location. Are located in or
contiguous to the lobby of the principal
building, and
E. Lobby Entrance. Have at least
one lobby entrance.
(Code 1991, § 160.077; Code 1965, App. A,
Art. 7(2); Ord. No. 1747, 6-29-70)
§163.04 ACCESSORY STRUCTURES
AND USES. Accessory structures and uses
shall be subject to the applicable use
conditions set forth in Zoning, Chapters 160-
165, and to the following general conditions:
A. Accessory Buildings.
1. When Erected. No
accessory building shall be erected on any
property prior to the construction of the
principal building, UNLESS such accessory
building shall have been approved by the
Planning Commission as a conditional use. An
approved accessory building erected prior to
the principal building shall not be inhabited.
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2. Integral Part of Principal
Building. An accessory building erected as
an integral part of the principal building shall
be made structurally a part thereof, shall have
a common wall therewith, and shall comply in
all respects with the requirements of the
building code applicable to the principal
building. .
3. Where Erected. No
accessory building shall be erected in any
required yard.
B. Trash Containers. "Lo -Dal" type
trash containers located in any required yard
shall be screened along the side(s) of the
container which encroach into the required
yard, except that screening shall not be
required on the access side of the container.
Where a trash container encroaches totally
within a required yard, either the front or the
back of the container shall not be screened.
C. Swimming Pools. Swimming
pools shall not be located in any required front
yard.
(Code 1991, §160.076; Code 1965, App. A,
Art. 7(1); Ord. No. 1747, 6-29-70; Ord. No.
2177, 12-16-75; Ord. No. 3131, 10-1-85)
§163.05 ACCESSORY RESIDENTIAL
USES IN NONRESIDENTIAL
DISTRICTS.
A. Attached Residential Use.
Attached residential uses shall be permitted in
the C-1, C-2, I-1, and I-2 zoning districts as a
use by right. Density limitations for attached
residential uses in such zoning districts shall
be governed by § 162.02(I).
Cross Reference: Parking and Loading,
Chapter 172.
B. Detached Residential Dwelling.
A detached residential dwelling unit may be
permitted in the C-1, C-2, I-1, and 1-2 zoning
districts as a conditional use. Density
limitations shall be governed by § 162.02(I).
The building site and yard area must be
separate and distinct from off-street parking
spaces and setback areas required for the
principal structure and shall include a
minimum of 4,2000 square feet of land area.
The residential structure shall be located to
meet required setbacks from exterior
boundaries of the total tract. The property
owner shall execute and record a covenant
provided that the residential structure shall not
be sold separately from the principal structure;
the covenant shall run with the land.
Cross Reference: Parking and Loading,
Chapter 172.
(Code 1991, §160.094; Code 1965, App. A,
Art. 7(24); Ord. No. 1747, 6-29-70; Ord. No.
3132, 10-1-85)
§163.06 ANIMALS AND FOWL. The
following uses, where permitted, shall be
conducted no nearer than the following stated
number of feet to the boundary of an R
district, or to a dwelling on the same premises:
50 Feet
Animal Hospital: serving household pets
and similar small animals
Commercial Breeding, Raising, Boarding:
breeding, raising, or boarding of
household pets or similar small animals
for commercial purposes
Kennel
Egg Fami
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100 Feet
Animal Hospital: serving livestock and
similar animals
Boarding or Training of Horses
Dairy Farm
Poultry Farm
Farm: for raising cattle, goats, horses,
sheep, rabbits, and poultry
200 Feet
Hog Raising
Livestock: assembly, breeding, feeding,
sales or shipment
(Code 1991, §160.078; Code 1965, App. A,
Art. 7(3); Ord. No. 1747, 6-29-70)
§163.07 AUTOMOBILE GARAGES. In
any district where permitted, automobile
garages shall be subject to the regulations set
forth in §163.14 for drive-in facilities and all
appurtenances used for repair or servicing of
vehicles which are not enclosed shall be
located at least 12 feet from a street lot line
and 25 feet from any lot line in an A or R
district.
(Code 1991, §160.079; Code 1965, App. A,
Art. 7(4); Ord. No. 1747, 6-29-70)
§163.08 AUTOMOBILE WASH
SERVICE. Automobile wash service shall
be subject to the provisions set forth in §
163.14 drive-in facilities. The following
provisions shall also be required: Paved
parking space on the lot for not less than five
cars per washing lane shall be provided.
(Code 1991, § 160.080; Code 1965, App. A,
Art. 7(5); Ord. No. 1747, 6-29-70; Ord. No.
2380, 9-20-77)
§163.09 BED AND BREAKFAST
FACILITIES. Bed and breakfast facilities
shall be a temporary conditional use in all
zoning districts subject to the following
conditions:
A. Term. A conditional use permit
for a bed and breakfast facility shall be
effective for one year. After approval of a
conditional use permit by the Planning
Commission, the applicant must obtain a
certificate of occupancy from the planning
office and inspection department before the
facility begins operation. If no complaints
regarding those times required to be
considered by the Planning Commission prior
to the issuance of a conditional use permit as
described in §163.02 are received by the
planning office from neighborhood residents,
the planning office may issue a renewal
certificate of occupancy annually subject to
the inspection requirements of Subsection G.
below. If such complaints are received, the
owner or operator of the bed and breakfast
facility must apply to the Planning
Commission for a new conditional use permit.
B. Lot Size. Where a new structure is
constructed, the lot on which the bed and
breakfast facility is located must comply with
the minimum lot size for the zoning district in
which the property is located.
C. Parking. One off-street parking
space per guest room shall be required;
provided, the Planning Commission may
allow the use of on -street parking to meet this
requirement upon a determination by the
Planning Commission that traffic safety will
not be impaired. The parking of motor
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vehicles may be stacked in a driveway with
the owner of the bed and breakfast facilities
being responsible for the handling of ingress
and egress.
D. Length of Stay. The maximum
length of stay of any one guest at a bed and
breakfast facility shall be 14 days.
E. Meals. The only meal which may
be served at a bed and breakfast facility shall
be breakfast. Only guests of the bed and
breakfast facility may be served breakfast.
F. Parties/Receptions, No parties or
receptions shall be allowed at a bed and
breakfast facility.
G. Inspection. Before a conditional
use permit is issued for a bed and breakfast
facility, the building must be inspected by the
fire inspector and/or building inspector to
assure compliance with the Arkansas State
Fire Code and to assure that no significant
safety hazard exists. No conditional use
permit shall be issued for a bed and breakfast
facility if the building does not pass the
inspection.
(Code 1991, §160.095)
§163.10 CARNIVAL, CIRCUS, OR
SIMILAR TEMPORARY OPEN-AIR
ENTERPRISE.
A. Location of Structure. Any
carnival, circus, amusement park, tent revival
or similar temporary open-air enterprise shall
be so located that no facilities are nearer than
500 feet to any occupied dwelling. Adequate
off-street parking, access controls, lighting
and utility connections shall be provided.
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B. Temporary Use Permit. All such
enterprises shall obtain a temporary
occupancy permit which shall be valid for not
more than seven days and shall not be granted
for more than three such periods for the same
location within any 90 -day period.
(Code 1991, §160.081; Code 1965, App. A,
Art. 7(6); Ord. No. 1747, 6-29-70)
§163.11 CHILD CARE; NURSERY
SCHOOL. All such establishments shall be
located on lots which:
A. Minimum Area. Contain a
minimum area of 250 square feet per child;
and
B. Minimum Outdoor Play Space.
Provide a minimum outdoor play space of 80
square feet per child, calculated on the basis of
the number of children occupying the outdoor
play space at one time. Where any such use is
located on a lot abutting an R or R -O district
and where any part of such use lies within 50
feet of such district boundary line, there shall
be built along such line a screening wall as
provided in § 166.10.
C. Number of Children. In an R-1
zone, a child care facility may be approved as
a conditional use for no more than ten
children, or the number of children approved
by the State's licensing board, whichever is
fewer.
(Code 1991, 160.082; Code 1965, App. A,
Art. 7(7); Ord. No. 1747, 6-29-70; Ord. No.
2604, 2-19-80)
§163.12 DANCE HALLS. Dance halls
shall not be allowed in any zoning district
except C-2, C-3, and C-4, where they may be
allowed as conditional uses subject to the
following conditions:
A. Site Plan. A site plan showing the
property lines, structures on the property,
driveways and parking spaces shall be filed
with the planning office at least 15 days
before the Planning Commission meeting at
which the conditional use application will be
considered.
B. Inspection. Before a conditional
use permit is issued for a dance hall, the
building must be inspected by the Fire
Marshal and Building Inspector to assure
compliance with the Arkansas State Fire Code
and to assure that no significant safety hazards
exist. No conditional use permit shall be
issued for a dance hall facility if the building
does not pass inspection.
(Code 1991, §160.096; Ord. No. 3780, § 1, 4-
19-94)
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§163.13 DETACHED SECOND
DWELLING UNITS. (Granny Units)
A. Purpose. These regulations are
intended to mitigate the potential adverse
impacts associated with detached second
dwelling units within residential districts by
requiring compatible size, scale, massing, and
appearance of the structures with regard to
adjoining and surrounding residential uses.
Detached second dwelling units are regulated
in order to:
1. Enhance and regulate the
appearance of detached second dwelling units
within residential districts.
2. Protect adjoining properties
from the adverse impacts associated with
detached second dwelling units such as noise,
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appearance, lighting, drainage, and effect on
property values.
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 additional
alternative affordable housing within existing
residential neighborhoods to serve a growing
elderly, single occupant, and rental market.
B. Detached second dwelling
unit/"granny house" design and location
standards. Detached second dwelling units
shall require a conditional use permit and shall
be constructed in the following manner:
1. No more than one detached
second dwelling unit shall be permitted on any
parcel or lot.
2. A detached second dwelling
unit may only be permitted on a residential lot
on which there is an existing one owner
occupied single-family detached dwelling unit
(main unit) subject to all setback requirements
of the district.
3. A detached second dwelling
unit may not be permitted on residential lots
already having two or more dwelling units.
4. The maximum building area
(coverage) required by the zone shall prevail.
5. The total area of floor space
for a detached second unit shall not exceed
1,200 square feet.
6. The detached second
dwelling unit shall be architecturally
compatible with the main dwelling.
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7. The detached second
dwelling unit shall be provided with parking
in addition to and at the same ratio as that
required for the main dwelling and shall be
located to the rear of the main structure.
Parking for the detached second dwelling unit
shall be located within the required setbacks.
8. The detached second
dwelling unit may be metered separately from
the main dwelling for gas, electricity, and
water/sewer services. The applicant is
responsible for any associated cost of
providing and/or relocating utilities to the
detached second dwelling unit.
9. Prior to issuance of a
building permit for the second detached
dwelling unit, a deed restriction to run with
the land shall be recorded which specifies that
the use of the detached second unit as an
independent dwelling may continue only as
long as one unit on the property is owner
occupied.
10. The applicant for the
conditional use permit shall be the owner of
the subject property.
11. This section shall not
validate any existing illegal detached second
dwelling unit. An application for a conditional
use permit may be made to convert an illegal
detached second unit to a conforming legal
detached second dwelling unit, and the
standards and requirements for said
conversion shall be the same as for newly
proposed detached second dwelling units.
C. Conditions For Approval. The
following findings shall be made by the
Planning Commission in order to approve a
conditional use permit for a detached second
dwelling unit in addition to those conditions
found within §163.02. Before detached
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second dwelling units are allowed as a
conditional use within residential zoning
districts, the Planning Commission or a
subcommittee shall review the design
elements of the proposed structure and site
plan in relation to adjacent and surrounding
structures. The following elements shall be
looked at in evaluating the design of the
structure:
1. Building massing (height
and bulk of structures, type and angle of roof
line) and materials for the principal structure.
2. Building width to height
ratio.
3. Location and design of
landscaped and paved areas.
4. Location and use of yard
areas.
5. Ratio of landscaped area to
areas covered by impervious surfaces.
6. Location, size, and type of
projections (porches and roof lines).
of the facade.
7. Major divisions or rhythms
8. Proportion of openings.
9. Materials, colors, and
textures of buildings.
D. 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. Site plan drawn to scale
showing the location of parking, and building
footprint.
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2. Elevation drawings of all
sides of the structure.
3. Material sample board
indicating type of materials and colors to be
used on the exterior of the building.
4. Landscape plan (plan view)
showing the location of all proposed
landscaping, size of plant materials and
species.
(Code 1991, 160.097; Ord. No. 3887, §2, 4- '
18-95)
§163.14 DRIVE-IN FACILITIES. Drive-
in
facilities, including but not limited to
banks, restaurants, theaters, gasoline stations,
garages, automobile washes, and parking lots
shall be subject to the following conditions: '
No vehicular entrance or exit shall be
established within 200 feet of any existing
school, playground, park, church, hospital,
library, nursery school, or day care center,
except where such facility or institution is in
another block or on another street which the
lot in question does not abut.
(Code 1991, §160.083; Code 1965, App. A,
Art. 7(8); Ord. No. 1747, 6-29-70; Ord. No.
2380, 9-20-77)
§163.15 DUPLEX USES IN R-1
RESIDENTIAL DISTRICT. Duplex uses
in the R-1, low density residential district,
shall be permitted only on appeal to the
Planning Commission.
Cross Reference: Notification and Public
Hearings, Chapter 157.
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§163.16 FACILITIES EMITTING
ODORS AND FACILITIES HANDLING
EXPLOSIVES. Facilities Emitting Odors
and Facilities Handling Explosives, shall be a
conditional use in the I-2, General Industrial,
zoning district subject to the following
conditions:
A. Notice. Notice shall be given as set
forth in §157.04 B. 5.
B. Inspection. Before a conditional
use permit is issued for a facility emitting
odors or handling explosives, the building
must be inspected by the Fire Marshall and
Building Inspector to assure compliance with
the Arkansas State Fire Code and to assure
that no significant safety hazards exist. No
conditional use permit shall be issued for a
facility emitting odors or a facility handling
explosives if the building does not pass
inspection.
C. LSD Review. All facilities
emitting odors or handling explosives shall be
subject to the large scale development review
process.
D. Reasonable Satisfaction. The
Planning Commission shall be reasonably
satisfied that the permitted use will not
generate generally offensive or noxious odors
or create an unreasonable hazard to the public.
(Code 1991, §160.101)
§163.17 GARAGE SALES. Garage Sales
are permitted in any zoning district subject to
the following conditions:
A. Frequency. Garage sales
shall not locate in one location more than four
times per year.
B. Term. Garage sales may
be held for a duration not to exceed three
consecutive days.
C. Signs. One on -site and
three off -site temporary signs are allowed to
be posted, however, posting may not occur
more than two days before the sale begins.
Signs are not to be located in public rights -of -
way. Each sign shall not exceed 4.5 square
feet in area. The off -site signs shall include
address and date(s) of sale. All signs shall be
removed by 8:00 a.m. on the day following
the sale. Any such signs not so removed the
following day or located in public rights -of -
way may be removed by city staff and for any
such sign removed, a collection fee shall be
imposed.
(Code 1991, §160.103; Ord. No. 3970, §3,5-
7-96)
§163.18 GASOLINE SERVICE
STATIONS. A gasoline service station
shall be subject to the following requirements:
A. Bulk and Area. Gasoline service
stations shall be regulated by the bulk and area
requirements of the district in which it is
located, but in no case shall the site for such a
use be less than the following:
Minimum Lot Area:
12,000
sq. ft.
Minimum Frontage:
120 ft.
Maximum Width Curb Cuts
40 ft.
or Driveway Width
Minimum Distance of
40 ft.
Driveways From Right -of -
Way Intersections
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Minimum Setback of Service
Building From All Street
Right -of -Way Lines
50 ft.
Minimum Setback of pump
25 ft.
Island, Compressed Air
Connection and Similar
Equipment From All Right -
of -Way Lines
Minimum Setback of
20 ft.
Canopy Covering Pump
Island, Compressed Air
Connection and Similar
Equipment From all Right -
of -Way Lines. (** Canopies
shall not be considered a part
of the building for
determining building
setbacks even if said
canopies are attached to the
principal structure.)
B. Signs. Any permitted sign shall be
stationary and shall conform in all respects to
the applicable regulations pertaining to signs.
C. Auto Washing. Washing of autos
shall be entirely within an enclosed structure.
(Code 1991, §160.084; Code 1965, App. A,
Art. 7(9); Ord. No. 1747, 6-29-70; Ord. No.
1870, 6-19-72; Ord. No. 2126, 7-15-75)
§163.19 HOME OCCUPATIONS. In any
dwelling unit in an A-1, R-1, R-2, R-3 or R -O
district where home occupations are
permitted, said home occupations shall not
occupy more than 30% of the gross floor area
of one floor of said dwelling unit, nor more
than 300 square feet of the gross floor area,
whichever is greater. These limitations shall
not apply to foster family care, or the
providing of room or board as an accessory
use only. Home occupations in an A-1, R-1,
R-2, R-3 or R -O district shall be subject to the
following regulations:
A. Exterior Alterations. No exterior
alterations of the structure may be made
which are of a nonresidential nature.
B. Sign/Evidence of Business. No
advertising, display, storage or other external
evidence of business shall be permitted,
except that for each dwelling unit with a
permitted home occupation, one unanimated,
nonilluminated home occupation sign which
identifies the home occupation shall be
permitted, if such sign is erected flat against a
wall or door or is displayed in a window, and
does not exceed three square feet in area;
provided no such sign shall be permitted in an
R-1 district.
C. Employees. No person may be
employed other than a member of the
immediate family residing on the premises.
D. Mechanical Equipment. No
mechanical equipment may be used which
creates a disturbance such as noise, dust, odor
or electrical disturbance.
E. Parking. No parking spaces other
than normal residential parking spaces shall be
permitted.
F. Additional Regulations. Home
occupations in an R-1 district shall be subject
to the following additional regulations:
1. Term. No conditional use
permit for a home occupation in an R-1
district shall be issued for a period exceeding
one year, but such a permit may be for a
period shorter than one year. Upon expiration
of a conditional use permit, the City Planner
shall have the authority to renew a conditional
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use permit for the same period as originally
authorized, if the City Planner has received no
complaints or opposition from residents of the
neighborhood in which the home occupation
is located. The City Planner may refer any
proposed renewal of a conditional use permit
to the Planning Commission for final decision.
2. Hours. No home
occupation shall be open to the public earlier
than 7:30 a.m. or later than 5:30 p.m.;
provided, the Planning Commission may vary
the restrictions imposed hereby upon a
determination that such a variance will not
adversely affect the health, safety, peace,
tranquility, or welfare of the neighborhood in
which the home occupation is located.
3. Traffic. No home
occupation shall be allowed in an R- I district
if the Planning Commission determines that
the home occupation would generate such
excessive traffic as would adversely affect the
safety, peace, tranquility or welfare of the
neighborhood.
(Code 1991, §160.085; Code 1965, App. A,
Art. 7(10); Ord. No. 1747, 6-29-70; Ord. No.
2486, 11-21-78; Ord. No. 2605, 2-19-80; Ord.
No. 3716, § 3, 6-15-93)
§163.20 INDUSTRIAL PARKS. Sites for
industrial parks shall be developed according
to the following requirements:
A. Landscaping. The first ten feet of
depth of required front yards and of required
rear yards facing a street and the first ten feet
of width of a required exterior yard shall be
permanently maintained in suitable
landscaping, a plat of the design of which
shall be filed with the City Planner prior to the
issuance of building permit.
B. Grading and Drainage. All open
portions of any lot shall have adequate
grading and drainage, and shall be
continuously maintained in a dust -free
condition by suitable landscaping with trees,
shrubs, or planted ground cover, or by paving
with asphaltic concrete, rock, portland cement,
concrete, or other resilient materials.
(Code 1991, 160.089; Code 1965, App. A,
Art. 7(15); Ord. No. 1747, 6-29-70; Ord. No.
2380, 9-20-77)
§163.21 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 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, appearance, lighting,
drainage, and effect on property values.
3. Provide areas for off-street
parking and storage of motor vehicles that will
be appropriate in size, location, and scale
within residential areas.
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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 square
feet):
a. Hair salons and
barber shops with three 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 square
feet):
stores
a. Antique shops
b. Bicycle shops
c. Gift stores
d. Flower shops
e. Book stores
f. Craft and hobby
g. Stationery
h. Bakeries
i. Delicatessen
j. Grocery stores
k. Owner occupied
"mom and pop" stores
1. Small appliance
repair shops
m. Hardware stores
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n. Coffee shops
o. Restaurants
p. Drug stores
3. Professional Offices
(maximum of four professionals and
maximum gross floor area of 3,000 square
feet) 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
m.Veterinary small
animal out -patient clinic.
4. Studio
gross floor area of 3,000
a.
b.
c.
d.
is For: (maximum
square feet):
Art
Dance
Music
Photography
5. 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 section 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.
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 addition to
those conditions found in § 163.02:
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 Macs
(height width and bulk ofs i it c type and
angle of roof 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 Jmpeious
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
feet. The color of the sign shall be compatible
with the colors of the structure and only
indirect external lighting is allowed.
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 Light
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. Landscape and Buffer.
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
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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 @lan
view), showing the location of all proposed
landscaping, size of plant material, and
species.
(Code 1991, §160.098; Ord. No. 3892, §2, 5-
16-95)
§163.22 MOBILE HOMES.
A. Mobile Home Parks. Mobile
home parks shall be subject to the provisions
of Mobile Homes and Mobile Home Parks,
Chapter 175, and Development, Chapter 166.
1. Accessory Commercial
Uses. In a mobile home park there may be
provided accessory commercial uses intended
solely for the convenience of the residents of
the development, provided that:
a. All such units are
operated within an enclosed structure.
b. The gross floor area
of such accessory uses shall not exceed 25
square feet for each mobile home space in the
park.
c. No such structure
shall be closer than 100 feet to any property in
an R or R -O district outside the development.
d. All accessory
commercial uses shall be located in a manner
that the use is surrounded by the mobile home
park and is not located on the outer boundaries
of said park.
2. Dwelling Units. No single-
family, two-family, or multifamily dwelling
unit may be erected or placed upon any lot
within a mobile home park UNLESS said lot
and dwelling meet all requirements of the
zoning regulations for such a dwelling in the
zoning district where the mobile home park is
located.
B. Location of Mobile Homes.
1. Mobile Home Parks/
Exceptions. Mobile homes are permitted in
mobile home parks and shall not be placed in
any other location in the city, except:
a. Temporary
occupancy permits may be issued when
permitted by the other provisions of Mobile
Homes and Mobile Home Parks, Chapter 175
and Building Regulations, Chapter 173.
b. Temporary
occupancy permits may be issued for mobile
homes subject to the following requirements:
(1). The owner
of three acres or more of land having no
permanent residences and zoned A -I may
install one mobile home on this property for
his own personal use or for a use beneficial to
the owner but not for rental for money to the
general public.
(2). The owner
of three or more acres of land having only one
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permanent residence on the entire property,
which he uses for his own personal residence,
and zoned A-1 may install one mobile home
for a use beneficial to the owner but not for
rental for money to the general public.
2. Temporary Occupancy
Permit. Upon application the enforcement
officer may, if no nuisance to neighbors is
apparent, issue a temporary occupancy permit
for the location of a mobile home under the
provisions of Chapter 175. Provided, however,
that the issuance shall be subject to the
following conditions:
a. The applicant shall
sign a statement recognizing that:
(1). Thepermit
is temporary;
(2). The permit
is an exception under the mobile home
ordinance; and
(3). He will
abide by the conditions contained in Chapter
175.
b. Permits must be
renewed annually.
c. The mobile home
may not be sold as a part of the conveyance of
the property on which it is located.
d. Permits are not
transferable.
e. If, by action of the
owner, the property is rezoned the temporary
permit is automatically revoked and the
mobile home must be removed.
f. If the property is
reduced in size to less than three acres the
temporary permit is automatically revoked
and the mobile home must be removed.
g. If a residence or
additional residence is located on property
where a temporary permit for the location of
a mobile home has been issued, the temporary
permit is automatically revoked and the
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mobile home must be removed, UNLESS the
use meets the standards found in Subsection
B.1.b.2. above.
h. The mobile home
must be located at least 100 feet from any
property line.
(Code 1991, §160.086; Code 1965, App. A,
Art. 7(12); Ord. No. 1747, 6-29-70; Ord. No.
1869, 6-19-72; Ord. No. 2320, 4-5-77)
§163.23 NONRESIDENTIAL USES IN
R DISTRICTS. The following requirements
apply to charitable, cultural, educational,
recreational, health, institutional, religious,
social, and similar nonresidential facilities
where permitted in or abutting an R district.
The Planning Commission may reduce these
requirements after receiving and reviewing a
development plan under the provisions of
§ 166.05 or § 166.06. Separation of structures
of areas for uses listed above shall be as
follows:
Type of Structure or
Element of the Facility
Minimum
Separation
(ft.)
Outdoor Facility or Use:
Eating or Picnic Area
100 ft.
Entrance Driveway
20 ft.
Outdoor Activity Area
75 ft.
Outdoor Lighted Area
200 ft.
Outdoor Spectator Facilities
50 ft.
Outdoor Sports Area
Without Spectator Facilities
100 ft.
Tool or Equipment Storage
200 ft.
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Indoor Facilities:
Air -Conditioning Tower or
50 ft.
Dispenser Unit
Auditorium, Ballroom,
Dining Room or Meeting
Room Having a Floor Area
of More than 1200 Square
Feet, Game Court, Game
Room, Gymnasium, Locker
or Shower Room, Place
Where Alcoholic Beverages
are Served, Spectator
Facilities, Swimming Pool,
Theater, or Similar Indoor
Facility:
100 ft.
-If fully air-conditioned
-If not fully air-
200 ft.
conditioned
Building of a General
50 ft.
Hospital or Convalescent
Home
Building of a Hospital,
Sanitarium or Convalescent
Home for Alcoholic,
Mental, Nervous, Narcotic
or Contagious Patients
200 ft.
All other indoor facilities:
If fully air-conditioned
50 ft.
-If not fully air-
conditioned
100 ft.
( Code 1991, §160.088; Code 1965, App. A,
Art. 7(14); Ord. No. 1747, 6-29-70)
§163.24 PRE -FABRICATED
CONSTRUCTION.
A. Residential Unit. Prefabricated
residential units shall be considered as a
single-family or multifamily residential unit,
whichever is appropriate, and shall meet the
requirements of the governing district.
B. Additional Requirements. In
addition it shall be necessary for all units to
meet the following requirements:
1. The building codes of the
City;
2. Be secured to a permanent
masonry or concrete foundation; and
3. Have permanent water and
sewer connections.
(Code 1991, §160.087; Code 1965, App. A,
Art. 7(13); Ord. No. 1747, 6-29-70)
§163.25 RETAIL LIQUOR STORES.
Retail liquor stores may be located in those
zoning districts where such use is permitted,
subject to the following conditions;
A. Church/School/Hospital. No
retail liquor store shall be located within 600
feet (200 yards) of any church, hospital, or
school house. For the purpose of this section,
"schoolhouse" shall include classroom and
dormitory buildings of the University of
Arkansas.
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B. Residential Zone. No retail
liquor store shall be located on any property
two or more sides of which abut or are across
the street from and perpendicular to property
zoned residential (R-1, R-2, R-3, or R -O). For
the purpose of this section the term "street"
shall not include any federal highway.
(Code 1991, §160.092; Code 1965, App. A,
Art. 7(22); Ord. No. 1747, 6-29-70; Ord. No.
2122, 7-25-75; Ord. No. 2380, 9-21-77)
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§163.26 RIDING STABLES. In any
district where permitted, riding stables shall
be subject to the following conditions.
A. Minimum Area. Riding stables
shall not be located on any property which
does not contain a minimum of 40 acres of
undeveloped land.
B. Setback from Residential
Property Lines. No riding stable shall be
located within 250 feet of the property line of
any abutting property zoned residential and no
riding path shall be located within 100 feet of
the property line of any abutting property
zoned residential.
C. Extent of Operations. The
operation of a riding stable shall be limited to
the boarding of horses, the providing of riding
lessons, and the renting of riding horses,
saddles, bridles, and other accessories for use
on the premises. No horse racing or horse
shows shall be permitted on the premises;
provided, horse shows displaying only those
horses used in the daily operation of a riding
stable may be permitted. The operation of a
riding stable shall be limited to the hours of
6:00 a.m. to 10:00 p.m.
D. Number of Horses Permitted.
The number of horses permitted on premises
used for a riding stable shall be limited to one
horse for every three -fourths acre of
undeveloped land.
(Code 1991, §160.093; Code 1965, App. A,
Art. 7(23); Ord. No. 1747, 6-29-70; Ord. No.
2123, 7-15-75)
§163.27 SEXUALLY ORIENTED
BUSINESSES.
A. Classification. Sexually oriented
businesses are classified as follow:
video stores.
1. Adult arcade.
2. Adult bookstores and adult
3. Adult cabarets.
4. Adult motion picture
theaters.
5. Adult theaters.
(Code 1991, §118.02; Ord. No. 4024; §3, 3-
18-97)
B. Conditional Use. Sexually
oriented businesses shall not be allowed in
any zoning district except C-2 where they may
be allowed as conditional uses subject to the
following:
1. No sexually oriented
business may be operated within 500 feet of:
a. A church
b. A public or private
elementary, secondary or post -secondary
school, pre-school or child care facility
c. A public park
2. No sexually oriented
business may be operated:
a. Within 200 feet of a
boundary of a residential zone or any
residential use.
b. Within 400 feet of a
residential zone or any residential use as
measured by automobile travel distance from
the exit of a sexually oriented business
property to the property line of the residential
zone or use.
3. No sexually oriented
business may be operated within 1000 feet of
another sexually oriented business or within
200 feet of any room, building, premises,
place or establishment that sells or dispenses
alcohol or beer.
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4. For the purposes of this
Subsection I., measurement shall be made in
a straight line, without regard to intervening
structures or objects, from the nearest portion
of the building or structure used as part of the
premises where sexually oriented business is
conducted, to the nearest property line of the
premises of a church or public or private
elementary or secondary school, or to the
nearest boundary of an affected public park,
residential district or residential lot.
§163.28 TANDEM LOT
DEVELOPMENT.
A. Where Allowed. Tandem lot
development shall be permitted for single-
family dwellings only and shall be a
conditional use in all districts where single-
family dwellings are permitted. The
development of one tandem lot behind another
tandem lot shall be prohibited.
B. Requirements. Before any
conditional use for tandem lot development
shall be granted, the Planning Commission
shall determine that:
1. Tandem lot development
will not significantly reduce property values in
the neighborhood. In determining whether
property values will be significantly reduced,
the Planning Commission shall consider the
size of nearby lots in comparison with the
proposed tandem lot or lots.
2. The terrain of the area in
which the tandem lot is proposed is such that
subdivision of said area into a standard block
in accordance with Development, Chapter
166, is not feasible.
3. The tandem lot will have
access to a public street by way of a private
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drive with a minimum width of 25 feet of
equal and uniform width. The tandem lot
owner shall be responsible for maintaining
said 25 -foot private drive so that sanitation
and emergency vehicles have safe access to
the dwelling located on the lot. The tandem lot
owner shall have title to, or a perpetual private
easement in, the private drive. If the private
drive intersects a paved street, the private
drive shall be paved for a minimum distance
of 25 feet from said intersection.
4. The safety zone between the
private drive of a tandem lot and any adjacent
driveway will not be less than the minimum
distance between curb cuts in the standards for
street design of Development, Chapter 166,
for streets having a use designation higher
than collector, the standards for collector
streets shall apply.
5. The tandem lot, excluding
the 25 -foot private drive, will conform to the
minimum lot width and lot area requirements
of the zoning district in which it is located.
Lot area calculations to determine whether a
tandem lot meets minimum lot area
requirements shall not include any portion of
the lot having less than the required minimum
width. No structure shall be placed on any
portion of a tandem lot having less than the
required minimum width.
C. Setback. Each tandem lot shall
have a minimum building setback requirement
of 20 feet from all property lines and 25 feet
from all street right-of-way lines.
D. Vehicle/Private Drive. No
vehicles shall be parked at any time on that
portion of a tandem lot utilized as a private
drive or on the vehicular turnaround required
by Subsection E. below. The dwelling
structure on a tandem lot shall not be located
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more than 200 feet from the end of the private
drive nearest the structure.
E. Certificate of Occupancy. Before
a certificate of occupancy is issued for a
dwelling located on a tandem lot, the property
owner shall:
1. Construct a 30 -foot by 40 -
foot hard surface vehicular turnaround
equivalent to SB-2 base or better at the end of
the private drive and shall execute a written
agreement granting the City permission to
enter upon the private drive and turn around
with sanitation vehicles; or
2. Shall construct a masonry
garbage can holder, with screening, for each
garbage can to be used, which garbage can
holder shall be constructed alongside the street
onto which the private drive leads.
(Code 1991, §160.091; Code 1965, App. A,
Art. 7(21); Ord. No. 1747, 6-29-70; Ord. No.
1993, 3-19-74; Ord. No. 2693, 1-6-81)
Cross Reference: Enforcement, Chapter 153.
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CHAPTER 164:
SUPPLEMENTARY DISTRICT REGULATIONS
§164.01 VISIBILITY AT
INTERSECTIONS IN RESIDENTIAL/
NONRESIDENTIAL DISTRICTS.
A. Residential. On a comer lot in
any residential district, nothing shall be
erected, placed, planted, or allowed to grow in
such a manner as materially to impede vision
between a height of 2'/z and ten feet above the
centerline grades of the intersecting streets in
the area bounded by the street lines of such
comer lots and a line adjoining points along
said street lines 25 feet from the point of the
intersection.
B. Nonresidential. On a corner lot in
any nonresidential district, nothing shall be
erected, placed, planted, or allowed to grow,
and no motor vehicle or mobile home shall be
parked in a manner as to materially impede
vision between a height of 2'z and ten feet
above the centerline grades of the intersecting
streets in the area bounded by the street lines
of such corner lots and a line adjoining points
along said street lines ten feet from the point
of the intersection; provided, this restriction
shall not be applicable to a comer lot located
in a C-4 zoning district.
(Code 1991, §160.110; Code 1965, App. A,
Art. 8(1,1.1); Ord. No. 1747, 6-29-70; Ord.
No. 2193, 2-3-76)
§164.02 FENCES, WALLS, AND
VEGETATION. Subject to the provisions
of § 164.01, fences, walls, and vegetation may
be permitted in any required yard or any
required setback area, or along the edge of any
yard, provided the fence, wall, or vegetation
does not materially impede vision, as
determined by the City Planner, between
vehicular or pedestrian traffic. In any required
yard or any required setback area, nothing
permanent over 2'/z feet high may be installed
which materially impedes vision between
vehicular or pedestrian traffic.
(Code 1991, §160.111; Code 1965, App. A,
Art. 8(2); Ord. No. 1747, 6-29-70; Ord. No.
2380, 9-20-77)
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§164.03 ERECTION OF MORE THAN
ONE PRINCIPAL STRUCTURE ON A
LOT OF RECORD. In any district, more
than one structure housing a permitted
principal use may be erected on a single lot,
provided that yard and other requirements of
this chapter shall be met for each structure as
though it were on an individual lot.
(Code 1991, §160.112; Code 1965, App. A,
Art. 8(4); Ord. No. 1747, 6-29-70)
§164.04 HEIGHT REGULATIONS;
EXCEPTIONS. The height limitations
contained in the Zoning Regulation, Chapter
161, do not apply to spires, belfries, cupolas,
antennas, water tanks, ventilators, chimneys,
or other appurtenances usually required to be
placed above the roof level and not intended
for human occupancy.
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(Code 1991, §160.13; Code 1965, App. A,
Art. 8(5); Ord. No. 1747, 6-29-70)
§164.05 STRUCTURES TO HAVE
ACCESS. Every building hereafter erected
or moved shall be located on a lot which has
frontage on a public street; provided, the
Planning Commission shall have the authority
to waive this requirement where the property
owner provides safe and convenient access for
fire protection and sanitation vehicles. All
structures shall be so located on lots as to
provide safe and convenient access for
servicing, fire protection, and required off-
street parking.
(Code 1991, §160.14; Code 1965, App. A,
Art. 8(6); Ord. No. 1747, 6-29-70; Ord. No.
2555, 8-21-79)
§164.06 EXTRACTION.
A. Rezoning. Extractive uses are
generally incompatible with other land uses
and cannot be permitted as a use by right in
any district. Such uses are to be considered by
rezoning request. In an extraction district, no
building or premises shall be used and no
building shall be erected or altered except for
one or more of the following uses:
1. Extractive uses as described
in Use Unit 30;
2. City wide uses by right as
described in Use Unit 1;
3. Park, playground, or
preserve operated on a noncommercial basis;
buildings.
4. Accessory uses and
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B. Exception. Extractions which
occur in association with development
activities and not for the primary purpose of
exporting earth products (any material of
commercial value found in the earth) shall be
subject to Chapter 169 without requirement
for extraction district rezoning.
C. Operational Requirements.
Operations at the site shall not create unusual
traffic hazards or the need for special public
improvements, nor the need for special
protection, repair or maintenance of adjacent
property. Blasting operations shall be limited
to Mondays through Fridays between 8:00
a.m. and 5:00 p.m. Creation of undrained
pockets and stagnant pools shall be avoided to
the maximum extent. The operation of
machinery (other than extraction equipment)
such as sorters, crushers, or other processing
devices shall not be permitted within 500 feet
of any lot lines. While excavation is in
progress, effective steps shall be taken to
control erosion of disturbed areas. Such
measures may include seeding, mulching,
screening, stabilizing or other cover as
appropriate.
D. Fencing and Screening. Where
deemed necessary by the Planning
Commission, approved safety fences shall be
provided. In addition, where deemed
necessary to protect abutting property from
diminution of land value or use, the Planning
Commission may require approved fencing
and/or screening of at least 75% opaqueness.
E. Rezoning Application. The
application shall include the following:
1. Arkansas Open Cut
Reclamation Act. A letter from the State
Department of Pollution Control and Ecology
stating whether the proposed operation is
subject to or not subject to the Arkansas Open
Cut Reclamation Act.
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2. Development Plan. The
plan for development shall show the proposed
development as planned and staged in relation
to surrounding property and shall include
topographic surveys indicating present
conditions (including drainage) and the
conditions (including topography), drainage
and soils to be left at the end of the extraction
phase. Contour intervals shall be five feet. The
plan for development shall demonstrate the
feasibility of the operation proposed without
hazard or damage to other properties because
of increased flooding or runoff, undesirable
rise or reduction in ground water levels,
erosion, or undermining or settlement in
adjoining areas. This plan shall also show
important locational aspects of the stages of
exploitation, where and how traffic will be
handled, where equipment will be operating,
the location and dimension of structures,
safety safeguards, depth of excavation and
hydrogeology in the area.
3. Plan for Reuse. A site plan
of the restored property showing its proposed
future use shall be submitted. Such proposed
reuse shall be compatible with surrounding
property. Where conditions are suitable,
permanent lakes may be permitted, but
intermittent lakes and marshes shall not be
allowed. Excavation shall be phased so that no
more than 10 acres shall be in use or
unrestored at any time. Restoration standards
shall conform to § 161.06 of this Code and
shall result in conditions appropriate for the
planned reuse of the site.
§164.07 NONCONFORMING USES
AND STRUCTURES.
A. Intent.
1. Within the districts
established by this chapter or amendments that
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may later be adopted, if there exist lots,
structure, uses of land and structures, and
characteristics of use which are lawful before
this chapter was passed or amended, but
which would be prohibited, regulated, or
restricted under the terms of this chapter or
future amendment, it is the intent of this
chapter to permit these nonconformities to
continue until they are removed, but not to
encourage their survival. It is further the
intent of this chapter that nonconformities
shall not be enlarged upon, expanded, or
extended, nor be used as grounds for adding
other structures or uses prohibited elsewhere
in the same district.
2. It is not the intent of this
section to prohibit the improvement of
nonconforming residences by adding bath
facilities or connecting to utilities as long as
the bulk and area requirements of the R-3
District are met.
3. Nonconforming uses are
declared by this chapter to be incompatible
with permitted uses in the districts involved.
4. A nonconforming use of a
structure, a nonconforming use of land, or a
nonconforming use of a structure and land in
combination shall not be extended or enlarged
after passage of this chapter by the addition of
other uses of a nature which would be
prohibited generally in the district involved.
(Code 1991, §160.135; Code 1965, App. A,
Art 4(1); Ord. No. 1747, 6-29-70; Ord. No.
1918, 5-15-83; Ord. No. 2126, 7-14-75)
B. Nonconforming Lots of Record.
1. In any district in which
single-family dwellings are permitted, a
single-family dwellings and customary
accessory buildings may be erected on any
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single lot of record at the effective date of
adoption or amendment of this chapter,
notwithstanding limitations imposed by other
provisions of this chapter. Such lot must be in
separate ownership and not of continuous
frontage with other lots in the same
ownership. This provision shall apply even
though such lot fails to meet the requirements
for area or width, or both, that are generally
applicable in the district, provided that yard
dimensions and requirements other than these
applying to area or width, of both, of the lot
shall conform to the regulations for the district
in which such lot is located. In a previously
developed subdivision, platted prior to June
29, 1970, and with the approval of the
subdivision committee, a new single-family
dwelling or an addition or repair to an existing
single-family dwelling may be constructed in
all residential zones in keeping with the
existing standard in the neighborhood so long
as the interior side setback is no less than five
feet. Variance of yard requirements shall be
obtained only through action of the board of
adjustment.
2. If two or more or
combination of lots and portion of lots with
continuous frontage in single ownership are of
record at the time of passage or amendment of
this chapter, and if all parts of the lots do not
meet the requirements established for lot
width and area, the lands involved shall be
considered to be an undivided parcel for
parcel the purposes of this chapter, and no
portion of said parcel shall be used or sold in
a manner which diminishes compliance with
lot width and area requirements established by
this chapter, nor shall any division of any
parcel be made which creates a lot with width
or area below the requirements stated in this
chapter. The prohibition prescribed hereby
shall not apply to a nonconforming lot on
which a principal structure existed on the
effective date of adoption of this chapter and
which adjoins a nonconforming lot on which
a principal structure existed on the effective
date of the adoption of this chapter.
(Code 1991, §160.136; Code 1965, App. A,
Art. 4(2); Ord. No. 1747, 6-29-70; Ord. No.
2505, 2-20-79; Ord. No. 3114, 9-3-85; Ord.
No. 3124, 9-17-85)
C. Nonconforming Uses of Land
(or Land with Minor Structures Only).
Where at the time of passage of this chapter
lawful use of land exists which would not be
permitted by the regulations imposed by this
chapter, and where such use involves no
individual structure with a replacement cost
exceeding $1,000, the use may be continued
so long as it remains otherwise lawful,
provided:
1. No such nonconforming use
shall be enlarged or increased, nor extended to
occupy a greater area of land than was
occupied at the effective date of adoption or
amendment of this chapter.
2. No such nonconforming use
shall be moved in whole or in part to any
portion of the lot or parcel other than that
occupied by such use at the effective date of
adoption or amendment of this chapter.
3. If any such nonconforming
use of land ceases for any reason for a period
of more than 120 days, any subsequent use of
such land shall conform to the regulations in
which such land is located; and
4. No additional structure not
conforming to the requirements of this chapter
shall be erected in connection with such
nonconforming use of land.
(Code 1991, §160.137; Code 1965, App. A,
Art. 4(4); Ord. No. 1747, 6-29-70)
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D. Nonconforming structures.
Where a lawful structure exists at the effective
date of adoption or amendment of this chapter
that could not be built under the terms of this
chapter by reason of restriction on areas, lot
coverage, height, yards, its location in the lot,
or other requirements concerning the
structure, such structure may be continued so
long as it remains otherwise lawful, subject to
the following provisions:
1. No such nonconforming
structure may be enlarged or altered in a way
which increases its nonconformity but any
structure or portion thereof may be altered to
decrease its nonconformity, provided, the
following structures may be enlarged or
altered as hereinafter provided:
a. Nonconforming
residential structures may be enlarged or
altered by increasing the height of said
structures.
b. Carports in
residential zones may extend into the required
yard setbacks if: the carport is set back at
least ten feet from the street right-of-way; the
carport is set back at least five feet from any
interior side property line; the carport is set
back at least ten feet from the rear property
line; the area below the roof is open on the
sides; and the carport does not materially
obstruct vision.
c. In residential zones,
detachable awnings which are not structurally
a part of the building may be erected in any
required front yard or rear yard if the awning
does not project more than six feet.
Detachable awnings which are not structurally
a part of the building and which project no
more than four feet may be erected in any
required interior side yard.
d. In residential zones,
porch roofs and open porches may extend into
required yards by one foot on each side of the
entry door to a maximum depth of six feet in
required front yards and rear yards and to a
maximum depth of four feet in required
interior side yards.
2. Should such nonconforming
structure or nonconforming portion of
structure be destroyed by any means to an
extent of more than 50% of its replacement
cost at time of destruction, it shall not be
reconstructed except in conformity with the
provisions of this chapter.
3. Should such structure be
moved for any reason for any distance
whatever, it shall thereafter conform to the
regulations for the district in which it is
located after it is moved.
(Code 1991, §160.138; Code 1965, App. A,
Art. 4(4); Ord. No. 1747, 6-29-70; Ord. No.
3130, 10-1-85)
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E. Nonconforming Uses of
Structures or of Structures and Premises in
Combination. If lawful use involving
individual structures with a replacement cost
of $1,000 or more, or of structure and
premises in combination, exists at the
effective date of adoption or amendment of
this chapter, that would not be allowed in the
district under the terms of this chapter the
lawful use may be continued as long as it
remains otherwise lawful, subject to the
following provisions:
1. No existing structure
devoted to a use not permitted by this chapter
in the district in which it is located shall be
enlarged, extended, constructed,
reconstructed, moved or structurally altered
except in changing the use of the structure to
a use permitted in the district in which it is
located or as required by other ordinances;
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2. Any nonconforming use may
be extended throughout any parts of building
which were manifestly arranged or designed
for such use at the time of adoption or
amendment of this chapter, but no such use
shall be extended to occupy any land outside
such building.
3. If no structural alterations
are made, any nonconforming use of a
structure, or structure and premises, may as a
conditional use be changed to another
nonconforming use provided that the Planning
Commission, either by general rule or by
making findings in the specific case, shall find
that the proposed use is equally appropriate or
more appropriate to the district that the
existing nonconforming use. In permitting
such change, the Planning Commission may
require appropriate conditions and safeguards
in accord with the provisions of this chapter.
4. Any structure, or structure
and land in combination, in or on which a
nonconforming use is superseded by a
permitted use, shall thereafter conform to the
regulations for the district, and the
nonconforming use may not thereafter be
resumed;
5. When a nonconforming use
of a structure, or structure and premises in
combination, is discontinued or abandoned for
six consecutive months or for 18 months
during any three-year period (except where
government action impedes access to the
premises), the structure or structure and
premises in combination, shall not thereafter
be used except in conformity with the
regulations of the district in which it is
located;
6. Where nonconforming use
status applies to a structure and premises in
combination, removal or destruction of the
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structure shall eliminate the nonconforming
status of the land. Destruction for the purpose
of this division is defined as damage to an
extent of more than 50% (or other figure) of
the replacement cost of time of destruction;
7. All outdoor advertising
signs (billboards) not conforming with the
provisions of this chapter shall be removed
within the period prescribed by § 174.06.
(Code 1991, §160.139; Code 1965, App. A,
Art. 4(5); Ord. No. 1747, 6-29-70; Ord. No.
1806, 7-19-71; Ord. No. 2126, 7-15-75)
F. Repairs and Maintenance.
1. On any nonconforming
structure or portion of a structure containing a
nonconforming use, work may be done in any
period of 12 consecutive months on ordinary
repairs, or on repair or replacement of non-
bearing walls, fixtures, wiring, or plumbing,
to an extent not exceeding 10% of the current
replacement cost of the nonconforming
structure or nonconforming portion of the
structure as the case may be, provided that the
cubic content existing when it became
nonconforming shall not be increased.
2. If a nonconforming structure or
portion of a structure containing a
nonconforming use becomes physically
unsafe, or unlawful due to lack or repairs and
maintenance, and is declared by any duly
authorized official to be unsafe or unlawful by
reason of physical condition, it shall not
thereafter be restored, repaired, or rebuilt,
except in conformity with the regulations of
the district in which it is located or as required
by other ordinances.
(Code 1991, §160.140; Code 1965, App. A,
Art. 4(6); Ord. No. 1747, 6-29-70)
G. Conditional Use Provisions Not
Nonconforming Uses. Any use which is
permitted as a conditional use in a district
under the terms of this chapter (other than a
change through Planning Commission action
from a nonconforming use to another use not
generally permitted in the district) shall not be
deemed a nonconforming use in such district,
but shall be without further action considered
a conforming use.
(Code 1991, §160.141; Code 1965, App. A,
Art. 4(7); Ord. No. 1747, 6-29-70)
H. Owner -occupied Nonconforming
Residences. Notwithstanding any other
provision in this subchapter, any owner -
occupied nonconforming residence may be
enlarged, extended, constructed,
reconstructed, or structurally altered to permit
expansion up to 25% of the square footage of
the structure as it existed on the date it became
nonconforming, and customary accessory
structures may be located on property where
an owner -occupied nonconforming residence
is located subject to the following conditions:
An owner -occupied nonconforming residence
so expanded or any accessory structure so
located may be enlarged, extended,
constructed, reconstructed, structurally
altered, or located in conformity with the bulk
and area regulations, yard requirements, and
building area requirements in the R-1, low
density residential district.
(Code 1991, §160.42; Code 1965, App. A,
Art. 5(8); Ord. No. 1747, 6-29-70; Ord. No.
1891, 12-5-72)
§164.08 PARKING AND STORAGE OF
CERTAIN VEHICLES. Automotive
vehicles or trailers of any kind or type without
current license plates shall not be parked or
stored in any zones except those allowing auto
sales of salvage unless completely enclosed in
buildings or carports connected to the
principal structure. Disabled vehicles must be
stored inside buildings except in zones
allowing auto salvage.
(Code 1991, §160.115; Code 1965, App. A,
Art. 8(7); Ord. No. 1747, 6-29-70)
Cross Reference: Administration, Chapter
152; Appeals, Chapter 155; Enforcement,
Chapter 153; Notification and Public
Hearings, Chapter 157; General Provisions,
Chapter 150; Streets and Sidewalks, Chapter
171.
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CHAPTER 165:
AIRPORT ZONE
§165.01 AIRPORT ZONES;
ESTABLISHMENT. There are hereby
created and established zones, which zones
include all of the land lying beneath the
approach surfaces, transitional surfaces,
horizontal surfaces, and conical surfaces as
they apply to the municipal airport. Said zones
are shown on the airport zoning map
consisting of one sheet, which shall be made
a part hereof by reference. An area located in
more than one of the following zones is
considered to be only in the zone with the
more restrictive height limitation. The various
zones are hereby established and defined as
follows:
A. Runway Larger than Utility
Visual Approach Zone. The inner edge of
this approach zone coincides with the width of
the primary surface and is 500 feet wide. The
approach zone expands outward uniformly to
a width of 1,500 feet at a horizontal distance
of 5,000 feet from the primary surface. Its
centerline is the continuation of the centerline
of the runway.
B. Precision Instrument Runway
Approach Zone. The inner edge of this
approach zone coincides with the width of the
primary surface and is 1,000 feet wide. The
approach zone expands outward uniformly to
a width of 16,000 feet at a horizontal distance
of 50,000 feet from the primary surface. Its
centerline is the continuation of the centerline
of the runway.
C. Transitional Zones. The
transitional zones are the areas beneath the
transitional surfaces.
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D. Horizontal Zone. The horizontal
zone is established by swinging arcs of 5,000
feet radii for all runways designated utility or
visual and 10,000 feet for all others from the
center of each end of the primary surface of
each runway and connecting the adjacent arcs
by drawing lines tangent to those arcs. The
horizontal zone does not include the approach
and transitional zones. The radius used shall
be the longest determined for either end.
E. Conical Zone. The conical zone is
established as the area that commences at the
periphery of the horizontal zone and extends
outward therefrom a horizontal distance of
4,000 feet.
(Code 1991, §150.03; Code 1965, App. B,
§III, Ord. No. 2697, 1-20-81)
§165.02 AIRPORT ZONE HEIGHT
LIMITATIONS. Except as otherwise
provided in this chapter, no structure shall be
erected, altered, or maintained, and no tree
shall be allowed to grow in any zone created
by this chapter to a height in excess of the
applicable height established for such zone.
Such applicable height limitations are hereby
established for each of the zones in question
as follows:
A. Runway Larger than Utility
Visual Approach Zone. Slopes 20 feet
outward for each foot upward beginning at the
same elevation as the primary surface and
extending to a horizontal distance of 5,000
feet along the extended runway centerline.
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B. Precision Instrument Runway
Approach Zone. Slopes 50 feet outward for
each foot upward beginning at the end of and
at the same elevation as the primary surface
and extending to a horizontal distance of
10,000 feet along the extended runway
centerline; thence slopes upward 40 feet
horizontally for each foot vertically to an
additional horizontal distance of 40,000 feet
along the extended runway centerline.
C. Transitional Zones. Slope seven
feet outward for each foot upward beginning
at the sides of and at the same elevation as the
primary surface and the approach surface, and
extending to a height of 150 feet above the
airport elevation which is 1,251 feet above
mean sea level. In addition to the foregoing,
there are established height limits sloping
seven feet outward for each foot upward
beginning at the sides of and the same
elevation as the approach conical surface.
Where the precision instrument runway
approach zone projects beyond the conical
zone, there are established height limits
sloping seven feet outward for each foot
upward beginning at the sides of and the same
elevation as the approach surface, and
extending a horizontal distance of 5,000 feet
measured at 90 -degree angles to the extended
runway centerline.
D. Horizontal Zone. 150 feet above
the airport elevation; 1,401 feet above mean
sea level.
E. Conical Zone. Slopes 20 feet
outward for each foot upward beginning at the
periphery of the horizontal zone and at 150
feet above the airport elevation and extending
to a height of 350 feet above the airport
elevation.
F. Excepted Height Limitation.
Nothing in this chapter shall be construed as
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prohibiting the construction or maintenance of
any structure, or the growth of any tree, to a
height up to 25 feet above the surface of the
land; provided, the 25 foot height limitation
prescribed hereby shall not apply where the
Federal Aviation Administration has approved
a greater height limitation.
G. Primary Surface Elevation. The
elevation of any point on the primary surface
is the same as the elevation of the nearest
point on the runway centerline.
(Code 1991, §150.04; Code 1965, App. B,
§IV; Ord. No. 2697, 1-20-81; Ord. No. 3027,
8-21-84)(Code 1991, §150.02; Code 1965,
App. B, §I; Ord. No. 2697, 1-20-8 1)
§165.03 USE RESTRICTION.
Notwithstanding any other provisions of this
chapter, no use may be made of land or water
within any zone established by this chapter in
such a manner as to create electrical
interference with navigational signals or radio
communication between the airport and
aircraft; make it difficult for pilots to
distinguish between airport light and other,
result in glare in the eyes of pilots using the
airport; impair visibility in the vicinity of the
airport; create bird strike hazards; or otherwise
in any way endanger or interfere with the
landing, takeoff or maneuvering of aircraft
intending to use the airport.
(Code 1991, §150.05; Code 1965, App. B,
§V; Ord. No. 2697, 1-20-8 1)
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§165.04 NONCONFORMING USES. '
A. Permit Authorizing Continuance.
The owner of any structure or object of natural
growth existing at the time of the adoption of
this chapter which does not conform hereto
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shall be granted a permit authorizing
continuance of such nonconforming use upon
application therefor by him to the Inspections
Division Director; provided, if such
application is not made within 90 days of the
effective date of this chapter, said owner shall
be compelled, at his expense, to lower or
remove such object to the extent necessary to
conform to this chapter.
B. Alterations. Before any existing
nonconforming structure or object of natural
growth for which a permit has been issued in
accordance with Subsection A. of this section
may be altered or repaired, rebuilt, allowed to
grow higher, or replanted, a permit must be
secured from the Inspections Division
Director authorizing such change or repair.
1. Increased Hazard. No
such permit shall be granted that will permit
the structure or object of natural growth in
question to be made higher or become a
greater hazard to air navigation than it was
when the permit for the continuance was
granted under A. above.
2. 50% Destroyed. Where
the structure or object of natural growth has
been more than 50% tom down or destroyed,
whether voluntarily, by activity, or otherwise,
or has become more than 50% deteriorated or
decayed, no permit shall be granted that will
permit such structure or object of natural
growth to exceed the applicable height limit
prescribed by the zoning regulations; instead,
in all such cases of 50% destruction,
deterioration, or decay, whether application is
made for a permit for repair or not, the
Inspections Division Director shall compel the
owner of the nonconforming structure or
object of natural growth, at his own expense,
to lower or remove such object to to extent
necessary to conform to the said height limit.
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C. Change or Repair. Except
as indicated, all applications for permits for
change or repair of nonconforming uses shall
be granted.
(Code 1991, §150.06; Code 1965, App. B,
§VI; Ord. No. 2697, 1-20-81)
§165.05 PERMITS.
A. Required. Except as specifically
provided in this section, no material change
shall be made in the use of land, no structure
shall be erected or otherwise established, and
no tree shall be planted in any zone hereby
created unless a permit therefor shall have
been applied for and granted by the
Inspections Division.
B. Application. Each application for
a permit shall indicate the purpose for which
the permit is desired, with sufficient
particularity to permit it to be determined
whether the resulting use, structure or tree
would conform to the regulations herein
prescribed. If such determination is in the
affirmative, the permit shall be granted.
Cross Reference: Variance, Chapter 156.
C. Exception.
1. Less than 75 Feet Vertical
Height. In the area lying within the limits of
the horizontal zone and conical zone, no
permit shall be required for any tree or
structure less than 75 feet of vertical height
above the ground, except when, because of
terrain, land contour, or topographic features,
such tree or structure would extend above the
height limits prescribed for such zones.
2. Approach Zone. In areas
lying within the limits of the approach zones,
but at a horizontal distance of not less than
4,200 feet from each end of the runway, no
permit shall be required for any tree or
structure less than 75 feet of vertical height
above the ground, except when such tree or
structure would extend above the height limit
prescribed for such approach zones.
3. Excessive Heights.
Nothing contained in any of the foregoing
exceptions shall be construed as permitting or
intending to permit any construction or
alteration of any structure or growth of any
tree in excess of any of the height limits
established by this chapter except as set forth
in §165.0213.
(Code 1991, §150.07; Code 1965, App. B.
§VII; Ord. No. 2697, 1-20-81)
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[DIVIDER 3: DEVELOPMENT]
CHAPTER 166: Land Development
§ 166.01
Subdivision Approval
§ 166.02
Plat Requirements
§ 166.03
Urban Subdivision
§ 166.04
Suburban Subdivision
§ 166.05
Large Scale Development
§ 166.06
Planned Unit Development
§ 166.07
Required Off -Site Improvements
§ 166.08
Design Standards
§ 166.09
Condition of Acceptance
§166.10
Buffer Strips and Screening
§166.11
Conformance to Plans and
Regulations
§ 166.12
Structures not Allowed Over
Public Easements
§166.13
Underground Utility Wires
§ 166.14
Site Development Standards and
Construction and Appearance
Design Standards for Commercial
Structures
§16615
Application for Building Permit
§ 166.16
Construction to be as Provided in
Application Plan, and Permits
§166.17
Suspending Issuance of Permits
Pending Zoning Amendments
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CHAPTER 166:
DEVELOPMENT
Cross Reference: Departments, Boards,
Commissions and Authorities, Chapter 33.
§166.01 SUBDIVISION APPROVAL. The
subdivider shall follow the procedures in this
chapter for the approval of a subdivision plat.
(Code 1991, §159.10; Code 1965, App. C,
Art. II; Ord. No. 1750, 7-6-70)
A. Concept Plat. When a developer
intends to subdivide land within the City's
planning area boundary he may first submit a
concept plat to the City Planner for the
Planning Commission's consideration.
1. Purpose. The purpose of
the concept plat process is to allow all
interested parties an opportunity to provide the
developer with their input or requirements
before the developer invests a great deal of
time or money into the preparation of a
detailed plat.
2. Submittal. The concept
plat shall be submitted to the City Planner at
least seven days prior to the Planning
Commission meeting at which it is to be
considered.
3. Information. The concept
plat shall contain the following information:
a. Copies. Eighteen
copies of the plat drawn at 1 inch = 100 feet or
1 inch = 200 feet on any material so long as it
portrays the intent of the developer;
b. Vicinity Map. A
vicinity map which shows the proposed
subdivision location in relation to the nearest
arterial and collector streets on the Master
Street Plan or Washington County Highway
Plan;
c. Topography.
Topography (USGS is sufficient);
d. Natural or Physical
Features. Existing watercourses, floodplains,
tree cover and other natural or physical
features or restricting elements;
e. Utilities. Type of
utilities to be provided;
f. Proposed Use.
Proposed use of all land;
g. Traffic System.
Existing and proposed traffic system;
h. Structures.
Proposed type and number of structures;
i . Developer
Identification. Name, address and telephone
number of owner, developer, and engineer or
surveyor; and
j. Subdivision
Identification. Subdivision name, scale, date,
north arrow and acreage.
4. Distribution. The concept
plat will be distributed to the City's
department heads, members of the technical
advisory committee and other affected parties.
Any comments concerning the proposed
subdivision received by the City Planner shall
be passed on to the developer.
5. Planning Commission
Review. The Planning Commission will
review the proposed subdivision considering
all applicable City plans and ordinances and
comments received from technical review
people and the City Planner. Following its
review, the Planning Commission will
determine any potential problems which could
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result in refusal to approve a final plat.
Following Planning Commission review the
City Planner will advise the developer in
writing of the review comments.
(Code 1991, §159.11(C); Code 1965, App. C.
An. II, §A; Ord. No. 2581, 12-4-79)
Cross Reference: Notification and Public
Hearings, Chapter 157.
B. Preliminary Plat.
1. Application/Information.
When a subdivision of land is proposed, the
first formal application for approval shall be
directed to the Planning Commission and
submitted to the City Planner and shall
consist of the following:
a. Application for
preliminary subdivision plat approval.
b. Payment of the
preliminary plat fee.
c. Eighteen copies of
a preliminary plat of the proposed subdivision
which plat shall include the information
indicated for preliminary plats in § 166.02.
The preliminary plat shall be reviewed first by
the Plat Review Committee. The developer
shall then submit ten copies of the plat, with
revisions as recommended by the Plat Review
Committee, for distribution to the Planning
Commission.
2. Submittal. Application for
preliminary plat approval shall be submitted
to the City Planner at least 15 days prior to the
meeting of the Planning Commission at which
consideration is requested.
3. Plat Review Committee
and Subdivision Committee Procedure.
Following submittal of a preliminary plat,
final plat or large scale development plan the
City Planner shall:
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a. Distribution to Plat
Review Committee. Distribute the proposed
development to the Plat Review Committee
for its review and comment.
b. Schedule Meeting.
Schedule a meeting of the Plat Review
Committee to consolidate comments on all
plats submitted for consideration.
c. Comments Provided
to Subdivision Committee. The Plat Review
Committee comments shall be provided to the
subdivision committee for its review and
decision or recommendation.
d. Recommendation
to Planning Commission. The Subdivision
Committee will review the Plat Review
Committee comments and make a
recommendation to the Planning Commission.
The Subdivision Committee will usually meet
just prior to the Planning Commission.
e. Final Approval of
Large Scale Development. Final approval of
a large scale development may be made by the
Subdivision Committee.
4. Planning Commission
Action.
a. Consideration of
Reports and Comments. The Planning
Commission shall consider the preliminary
plat along with all reports and comments by
utility companies, City departments and
others.
b. Approval/
Disapproval/Conditions. Within 30 days
after the City Planner's receipt of the
preliminary plat, the Planning Commission
shall indicate its approval, disapproval or
approval with conditions.
Cross Reference: Appeals, Chapter 155;
Notification and Public Hearings, Chapter
157.
5. Approval. Approval of the
preliminary plat shall be subject to the
following qualifications:
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a. No Authorization
to Proceed. Such approval does not
constitute authorization to proceed with
construction until plans have been approved.
b. Tentative Approval.
Approval of the preliminary plat is tentative
pending submission and approval of the final
plat.
c. Effectiveness.
Approval of the preliminary plat shall be
effective for one year and thereafter as long as
work is actively progressing on the
installation of required improvements.
d. Site Preparations.
Receipt by the subdivider of the Planning
Commission's written approval of the
preliminary plat authorizes the subdivider to
proceed with:
( 1 ) . T h e
preparation of site improvement plans and
specifications including:
(a). Street plans,
profiles and specifications accompanied by
soil analyses and design calculations;
(b).Storm
drainage plans, profiles and specifications
accompanied by soil analyses and design
calculations; and
(c). Water and
sewer plans, profiles and specifications,
accompanied by design calculations, to be
reviewed and approved by City officials.
( 2 ) . Sit e
Improvements. The installation of site
improvements after plans and profiles for such
improvements have been approved by the
appropriate official; and
e. Preparation of
Final Plat. Preparation of the final plat of the
subdivision or of a portion of the subdivision.
(Code 1991, §159.12; Code 1965, App. C,
Art. II, § B; Ord. No. 1750, 7-6-70; Ord. No.
3781, § 1,4-19-94)
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C. Concurrent Plat. When a property
owner wishes to transfer one or more parcels,
each of which contains more than five acres,
or wishes to transfer parts of recorded lots that
do not require replatting, dedications,
vacations, reservations, changes in alignments
of easements or rights -of -way or the extension
of utilities, the Planning Commission may
waive the preliminary plat and approve the
final plat (a concurrent plat) for filing with the
County Recorder.
(Code 1991, §159.14; Code 1965, App. C,
Art. II, § D; Ord. No. 2581, 12-4-79; Ord. No.
2789, 1-18-82)
D. Final Plat.
1. Application for Approval.
While the Planning Commission's approval of
the preliminary plat is in effect, the subdivider
may submit to the City Planner an application
for approval of the final plat which shall
consist of:
a. Application.
Application for final subdivision plat
approval.
b. Fee. Payment of the
final plat fee.
c. Copies of Plat.
Eighteen reproductions or copies of the final
plat, which plat shall include the information
required for final plats by § 166.02. Following
review of the final plat by the Plat Review
Committee, the development shall submit ten
copies of the plat, with any revisions, for
distribution to the Planning Commission.
d. Certification by
City Staff. Certification by the Street
Superintendent and City Engineer that all
improvements have been installed as
approved.
Cross reference: Bonds and Guarantee,
Chapter 158.
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2. Submittal. An application
for approval of a final subdivision plat shall be
submitted to the City Planner not less than 15
days prior to the meeting of the Planning
Commission at which consideration is
requested.
3. Action, Within 60 days
after receipt of the final plat and other
required information, the Planning
Commission shall approve or disapprove the
final plat, which approval or disapproval shall
be communicated to the applicant in writing.
4. After Approval. When the
final plat has been approved by the Planning
Commission, the subdivider shall submit the
following to the City Planner:
a. Two original
reproducible transparent mylars:
( 1 ) . O n e
reproducible transparent mylar copy of the
final plat containing the certification of the
Planning Commission shall be retained by the
City Planner for city records.
(2). The
developer shall file the other mylar and any
covenants with the county recorder and shall
provide the City Planner with proof of filing.
No building permits shall be issued until proof
of filing has been provided by the developer.
b. 22 copies with the
approval of the Planning Commission
certified thereon including all signatures.
5. Dedications. Approval of a
final plat by the Planning Commission shall
not be deemed acceptance of any of the
dedications shown on the plat. Such
acceptance shall be made by the City or the
County in the manner prescribed by law.
(Code 1991, §159.13; Code 1965, App. C,
Art. II, § C; Ord. No. 2581, 12-4-79)
Cross Reference: Bonds and Guarantees,
Chapter 158; Fees, Chapter 159.
§166.02 PLAT REQUIREMENTS.
A. Original Plan Drawings. The
original plan shall be drawn in waterproof ink
on mylar or other reproducible, stable base
material at a scale which best suits the size of
the property being platted. If the scale is other
than 1 inch = 100 feet, then the developer
shall provide one print or photo conversion at
a scale 1 inch = 100 feet. Mylar sheets shall be
18 inches by 23 inches.
B. Plat Information. The following
information shall be submitted to the Planning
Commission for a plat review and approval:
Preliminary
Final
Concurrent
Plat
Plat
Plat
(1) General
Name and
X
X
X
address of owner,
developer,
engineer,
surveyor and
person preparing
the plat.
Subdivision
X
X
X
name, date,
graphic scale,
north arrow,
acreage and
zoningdistricts.
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Legal description X X X Location of all X
of the property prominent
' with dimensions physical features
and angles such as buildings,
sufficient to railroads, parks,
locate all lines on creeks and public
the ground. Lots open spaces.
' and block shall
be identified, Names of X
boundaries shall adjacent
be shown by subdivisions and
' distance, and owners of
property shall be adjacent
located by property.
section, range
and township and Location and size X
' by corporate of utility lines,
limits. watercourses,
bridges, culverts.
Locale and X X wooded areas,
description of all lakes, flood -
stakes and plains and
monuments, underground
installations
' Vicinity sketch to X X X within or
show the relation adjacent to the
of plat to streets subdivision.
and
developments (3) Proposals
' surrounding the
subdivision, and
other information General drainage X
requested by the plan.
' Planning
Commission. Drainage plan X
with proposed
(2) Existing cuts and fills.
conditions
' Location and X X X
dimension of all
Original X proposed lot
topography at lines, lot and
' five-foot contour block numbers,
intervals along building lines,
with street lines,
watercourses and easements,
' rock dedications and
outcroppings. reservations.
(May be changed
at the engineer's Radial and linear X X
discretion if dimensions
' another topo including angles,
interval better bearings,
suits the land). reference to true
north, and
' Locations and X X X distances
names of existing sufficient to
platted streets reproduce the
and utility plat on the
easements within ground.
' or abutting the
subdivision. Proposed use of X
all land in the
subdivision.
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Location and size
X
X
of utility lines.
Location and size
X
X
of any property
to be dedicated or
reserved with
conditions for
special uses.
(4) Information
to Supplement
the Plat
Letter of
X
X
X
transmittal.
Profiles of streets
X
and sidewalks
and utility plans
with profiles.
Protective
X
X
X
covenants.
Certificate of
X
X
survey and
accuracy by
surveyor.
Certificate of
X
X
ownership, title.
and dedication.
Certificate of
X
X
accuracy by the
developer's
engineer.
Signature block
X
X
X
for the City
Planning
Commission.
Signature block
x
X
to certify
approval of
streets,
sidewalks, street
lights, easements.
grading, and
drainage by the
City Engineer.
Location and
X
X
X
dimension of
sidewalks and
location of street
lights.
Signature block
X
X
to certify
acceptance of
dedications by
the City Council.
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Signature block
X
X
for Water and
Sewer
Superintendent to
certify State
Health
Department
approval of water
and sewer plans.
Guarantees in
X
X
lieu of
improvements.
(Code 1991, §159.16; Code 1965, App. C,
Art. II, § F; Ord. No. 2581, 12-4-79)
C. Signatures Required. The final
plat or concurrent plat may be signed by any
officer of the Planning Commission.
(Code 1991, §159.17; Code 1965, App. C,
Art. II, § G; Ord. No. 2581, 12-4-79)
D. Number of Plats. The City
Planner may request additional copies of plats
if the amount required by this chapter is not
sufficient for distribution to the various
committee members.
(Code 1991, §159.18; Code 1965, App. C,
Art. II, § H; Ord. No. 2581, 12-4-79)
§166.03 URBAN SUBDIVISION. Before
the Planning Commission may grant final plat
approval for an urban subdivision, the
subdivider shall have installed, or shall have a
guarantee in lieu of installation, either at his
expense or in accordance with the existing
policy of the City, the following
improvements:
Cross Reference: Bonds & Guarantees,
Chapter 158.
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A. Monuments. Reinforced concrete
monuments 4 inches x 4 inches x 30 inches
at quarter section comers and subdivision
comers.
B. Lot Stakes. Metal stakes %2 inch x
30 inches at all lot comers, points of tangency,
points of curvature and angles in property
lines or easements.
C. Streets. Street grading, base, and
paving according to existing City standards
and specifications as adopted by the City
Council.
D. Curbs and Gutters. Curbs and
gutters according to existing City standards
and specifications as adopted by the City
Council.
E. Sidewalks. Sidewalks shall be
installed, according to existing City standards
and specifications as adopted by the City
Council and shall be set four feet back from
the curb where practicable. The construction
of all sidewalks shall be inspected by the
Street Superintendent to ensure compliance
with City specifications. The developer shall
pay for the sidewalk installation by placing
the estimated cost into a City escrow account
and entering into a contract that will require
that developer to install the sidewalk at or by
the time that one-half of the lots or units in the
subdivision have received building permits.
After the sidewalk is installed, the developers
shall be entitled to withdraw the entire
contribution made to the escrow account. If,
after a period of five years, there has been any
development, but the threshold of 50% of the
total lots or units has not been achieved, the
City may install the sidewalks utilizing the
escrow funds. In the event the cost of
sidewalk installation is less than the escrow
cost of the sidewalk, the developer shall be
entitled to a refund of the surplus. If there has
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been no development after five years, the
developer is entitled to a refund of the total
escrow account and a replat of the subdivision
or a new large scale development plan shall be
required prior to further development.
F. Storm Drainage System.
1. The subdivider shall install
storm drainage facilities, including drains,
sewers, catch basins, and culverts necessary
for the proper drainage of all surface water.
2. All drainage facilities shall
be so designed to serve the entire drainage
area.
3. All surface water drainage
shall be transported to existing storm sewers,
drainage facilities, or natural drainage ditches
approved by the City Engineer.
4. The City Engineer shall
approve all drainage features.
G. Culverts and Bridges. Culverts
and bridges shall be installed where needed in
accordance with existing State Highway
Department standards and specifications.
H. Water Supply.
1. Accessible Public Water
Supply. When an approved public water
supply is reasonably accessible, the subdivider
shall install a system of water mains and shall
connect to such supply so that each lot within
the subdivision shall be provided with a
connection to said public water supply. All
connections shall be approved by the City
Engineer. Individual service lines shall be
installed, and individual connections shall be
made prior to the paving of the street, if
possible.
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2. Nonaccessible Public
Water Supply. Where an approved public
water supply is not reasonably accessible, any
private water supply system proposed by the
subdivider must be approved by the County
Sanitarian and the City Engineer in order to
assure that the private water supply system
will provide an adequate supply of potable
water to every lot in the subdivision.
Individual service lines shall be installed and
individual connections shall be made prior to
the paving of the street, if possible.
3. Fire Hydrants. Fire
hydrants for single-family dwellings and
duplexes shall be installed so that the distance
between two consecutive fire hydrants does
not exceed 800 feet, and no lot is more than
400 feet from a fire hydrant. Fire hydrants for
apartment complexes, commercial structures,
and industrial structures shall be installed so
that the distance between two consecutive fire
hydrants does not exceed 600 feet; provided,
the Fire Chief shall have the authority to
require additional fire hydrants upon a
determination that such additional fire
hydrants are necessary to provide adequate
fire protection. The Fire Chief shall develop
written criteria to be applied in determining
whether additional fire hydrants shall be
required.
I. Sanitary Sewer System.
1. Public Sanitary Sewer
Accessible. Where a public sanitary sewer is
reasonably accessible, the subdivider shall
connect with such sewer, and each lot within
the subdivision shall be provided with a
connection thereto. All connections shall be
subject to the approval of the City Engineer.
Individual service lines shall be installed, and
individual connections shall be made prior to
the paving of the street, if possible.
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2. Public Sanitary Sewer Not
Accessible. Where a public sanitary sewer is
not reasonably accessible, the subdivider shall
be required to install a community sewage
system, as defined by Act 402 of the 1977
Arkansas General Assembly, in compliance
with State Health Department's standards and
regulation; provided, if a community sewage
system is not reasonably available or
economically feasible, and the subdivision has
been platted so that each lot has a minimum
gross area of one and one-half acres, an
individual sewage disposal system for each lot
may be used; for lots having a gross area of
less than one and one-half acres, an individual
sewage disposal system may be used for each
individual lot when a permit for a septic
system is granted by the Arkansas Department
of Health. Individual service lines and
connections shall be installed prior to the
paving of the street, if possible. The minimum
gross area requirement prescribed hereby for
an individual sewage disposal system shall not
apply to any subdivision for which an
approved plat has been filed of record prior to
July 5, 1977.
J. Streetlights. Standard 8,000
lumen mercury vapor or low-pressure sodium
streetlights shall be installed at each
intersection or cul-de-sac and along one side
of each street or cul-de-sac at intervals of no
more than 300 feet; provided, streetlights of
higher intensity may be required at
intersections with collector streets or arterial
streets.
K Required Dedication of Land for
Public Park Sites, or a Reasonable
Equivalent Contribution in Lieu of
Dedication of Land. (Greenspace
Requirements.)
1. Subdivision.
a. When a proposed
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subdivision does not provide an area or areas
for a public park based on the Fayetteville
Parks Plan, the developer shall be required to
make a reasonable dedication of land for
public park facilities, or to make a reasonable
equivalent contribution in lieu of dedication of
land, such contribution to be used for the
acquisition and development of park land that
serves the subdivision or development.
b. Prior to submittal of
a preliminary plat or large scale development
plan, the developer shall submit to the Parks
and Recreation Advisory Board a concept plat
or plan.
c. The developer and
the Parks and Recreation Advisory Board
shall make a joint recommendation to the
Planning Commission as to the land
dedication or contribution in lieu of
dedication. In the event the they are unable to
agree, the developer and advisory board shall
make separate recommendations to the
Planning Commission who shall determine the
issue.
d. The Planning
Commission shall determine if the developer
will dedicate land or contribute money in lieu
of dedication. No land dedication will be
accepted as a public park unless it is
determined by the Planning Commission, after
consultation with the Parks and Recreation
Advisory Board, that the physical
characteristics of the site, and its surroundings
make the site suitable for park purposes and
the proposed dedication is consistent with the
Fayetteville Parks Plan.
e. The Planning
Commission's decision must be incorporated
into the developer's preliminary plat or large
scale development plan prior to plat or plan
approval.
f. Land shall be
dedicated at a ratio of 0.025 acre of land for
each single-family dwelling unit, 0.02 acre of
land for each multifamily dwelling unit, and
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0.015 acre of land for each mobile home
dwelling unit permitted under Zoning,
Chapters 160-165.
g. A contribution in
lieu of land dedication shall be made
according to the following formula: $375 for
each single-family unit, $300 for each
multifamily unit, and $225 for each mobile
home unit permitted under the City's zoning
regulations. The Parks Department shall
review the contribution formula every two (2)
years and make recommendations to the City
Council following such review.
h. If the developer
legally restricts the number of dwelling units
to be constructed to less than the maximum
density permitted by Zoning, Chapters 160-
165, required landdedication or cash
contribution in lieu thereof shall be based
upon actual density.
I. If a developer
dedicates park land which exceeds the
requirement of this subsection, the Planning
Commission may grant the developer a credit
equivalent to said excess. Said credit shall be
applied toward the developer's obligation
under this subsection for any subsequent
development located in the same park
quadrant.
2. All dedications of land must
be made before final plat approval or large
scale development approval. A final plat shall
not be released for recordation until the deed
for a land dedication is received. Deeded land
is dedicated public park land and not subject
to any right of reversion or refund. A cash
contribution in lieu of required land dedication
in a subdivision or large scale development
shall be payable within 30 days of final plat
approval or large scale development approval.
With the approval of the Planning
Commission a developer may pay such
contribution in three equal installments to be
paid in full within one year of final plat
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approval. If a developer makes a cash
contribution in lieu of land dedication, the
developer shall be entitled to a pro rata refund,
together with the accrued interest therefrom,
in the event actual density is less than the
density used as the basis for the developer's
contribution; provided, no refund shall be
made unless application therefor is made in
writing to the City Planner within one year
from the date of final plat approval. In the
event actual density is more than the density
used as the basis for a dedication of land or
cash contribution the developer must make an
additional land dedication or contribution in
lieu of dedication.
3. The requirements of this
subsection shall apply to lot splits, replats of
subdivisions and large scale developments;
provided, said requirements shall not apply to
a lot split or replat which does not create one
or more vacant lots on which a structure could
be erected under the City's zoning regulations.
4. All money received under
this subsection shall be deposited in an
interest bearing account. Said money together
with the interest, shall be expended within
three calendar years of the last date of the
calendar year in which it was received for the
acquisition and development of park land that
serves the subdivision for which a
contribution in lieu of dedication has been
made. If said money has not been so expended
within the three-year period, said money,
together with the interest thereon, shall be
refunded to the developer who made the
contribution.
5. The requirements of this
subsection shall not apply to any development
where the subdivision plat was filed of record
after September 12, 1960, and before January
20, 1981.
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Cross Reference: Variances, Chapter 156.
(Code 1991, §159.30k.; Code 1965, App. C,
Art. III, § A(1); Ord. No. 2695, 1-20-8 1; Ord.
No. 3080, 4-2-85; Ord. No. 3201, 8-5-86; Ord.
No. 3315, 11-17-87; Ord. No. 3578, 11-19-91;
Ord. No. 3615, §1, 6-2-92; Ord. No. 3738,§1,
11-16-93; Ord. No. 3797, §1, 5-17-94)(Ord.
No. 4068, 11-4-97)
6. Greenspace Requirements
for Major Development.
a. In addition to the
procedure provided herein and other
requirements found in the Code of
Fayetteville, a developer of a major
development shall include on his concept
plan, preliminary plat and final plat a
proposed neighborhood or subdivision park in
which the required dedication of land for
greenspace pursuant to K. 1.-5. above has
been incorporated. The plat with the
neighborhood or subdivision park shall be
submitted to the Parks and Recreation
Advisory Board for its approval. The approval
shall then be included in all plats presented to
the Planning Commission. Any modification
by the Planning Commission of the
subdivision or neighborhood park shall be
referred back to the Parks and Recreation
Advisory Board for its approval.
b. The Parks and
Recreation Advisory Board shall ensure that
the neighborhood park meets these
requirements:
(1). The
physical characteristics of the designated land
are suitable for park purposes.
(2). The
proposed park areas and any included
recreational facilities are sufficient to
adequately serve the residents of the
development/neighborhood.
(3). Adequate
sidewalks, trails, and/or bikeways shall
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subdivision/neighborhood to the park, but no
vehicle parking shall be required.
c. The developer does
not have the discretion to pay a cash
contribution in lieu of the dedication of land
' for the establishment of this neighborhood or
subdivision park. However, if the Parks and
Recreational Advisory Board determines that
' a neighborhood park is not feasible or
advisable, it may recommend to the City
Council that a cash contribution pursuant to
' ordinance be accepted in lieu of land
dedication. The City Council will either
accept the recommendation for a cash
' contribution or return the subdivision plat to
the Parks and Recreation Advisory Board with
instructions or for further study.
Id. When it appears to
the Planning Commission that one or more
adjoining subdivisions or large scale
' developments are being developed, planned,
or in the near future will probably be
developed so that the total area or housing
' units meet the requirements of a major
development, the Planning Commission may
notify the owners/developers that their
' subdivision or developments shall be
considered a major development and require
coordination among the owners/developers to
' develop a neighborhood park pursuant to this
section.
(Code 1991, §159.05; Ord. No. 3793, §1, 5-
17-94)
' Cross Reference; Variance, Chapter, 156;
Appeals, Chapter 155.
§166.04 SUBURBAN SUBDIVISIONS.
' A. Requirements. Before the
Planning Commission may grant final plat
' approval for a suburban subdivision located
within the City's designated planning area, the
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subdivider shall have installed, or shall have
made a guarantee of, in lieu of installation, as
provided by Chapter 158, either at his expense
or in accordance with the existing policy of
the City, the following improvements:
Cross Reference: Bonds and Guarantees,
Chapter 158.
1. Monuments. Reinforced
concrete monuments 4 inches x 4 inches x
30 inches at quarter section comers and
subdivision comers.
2. Lot Stakes. Metal stakes V2
inch x 30 inches at all lot corners, points of
tangency, points of curvature and angles in
property lines or easements.
3. Streets. Street grading, base,
and paving according to existing City
standards and specifications as adopted by the
City Council.
4. Curbs and Gutters. Curbs
and gutters according to existing City
standards and specifications as adopted by the
City Council.
5. Storm Drainage System.
a. The subdivider shall
install storm drainage facilities, including
drains, sewers, catch basins, and culverts
necessary for the proper drainage of all
surface water.
b. All drainage
facilities shall be so designed to serve the
entire drainage area.
c. All surface water
drainage shall be transported to existing storm
sewers, drainage facilities, or natural drainage
ditches approved by the City Engineer.
d. The City Engineer
shall approve all drainage features.
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6. Culverts and Bridges.
Culverts and bridges shall be installed where
needed in accordance with existing Arkansas
State Highway Department standards and
specifications.
7. Water Supply.
a. Accessible Public
Water Supply. When an approved public
water supply is reasonably accessible, the
subdivider shall install a system of water
mains and shall connect to such supply so that
each lot within the subdivision shall be
provided with a connection to said public
water supply. All connections shall be
approved by the City Engineer. Individual
service lines shall be installed, and individual
connections shall be made prior to the paving
of the street, if possible.
b. Nonaccessible
Public Water Supply. Where an approved
public water supply is not reasonably
accessible, any private water supply system
proposed by the subdivider must be approved
by the County Sanitarian and the City
Engineer in order to assure that the private
water supply system will provide an adequate
supply of potable water to every lot in the
subdivision. Individual service lines shall be
installed, and individual connections shall be
made prior to the paving of the street, if
possible.
8. Sanitary Sewer System.
a. Public Sanitary
Sewer Accessible. Where a public sanitary
sewer is reasonably accessible, the subdivider
shall connect with such sewer, and each lot
within the subdivision shall be provided with
a connection thereto. All connections shall be
subject to the approval of the City Engineer.
Individual service lines shall be installed, and
individual connections shall be made prior to
the paving of the street, if possible.
b. Public Sanitary
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Sewer Not Accessible. Where a public
sanitary sewer is not reasonably accessible,
the subdivider shall be required to install a
community sewage system, as defined by Act
402 of the 1977 Arkansas General Assembly,
in compliance with State Health Department
standards and regulations; provided, if a
community sewage system is not reasonably
available or economically feasible, and the
subdivision has been platted so that each lot
has a minimum gross area of one and one-half
acres, an individual sewage disposal system
for each lot may be used. Individual service
lines and connections shall be installed prior
to the paving of the street, if possible. The
minimum gross area requirements prescribed
hereby for an individual sewage disposal
system shall not apply to any subdivision for
which an approved plat has been filed of
record prior to July 5, 1977.
9. Require Dedication of
Land for Public Park Sites, or an
Equivalent Contribution in Lieu of
Dedication of Land. (Greenspace
Requirements). The subdivider shall comply
with the provisions of § 166.03(K).
(Code 1991, §159.31; Code 1965, App. C,
Art. III, § A(2); Ord. No. 1979, 2-5-74; Ord.
No. 2353,7 5 77; Ord. No. 2755,9 1 81)
B. Exceptions to Required
Improvements for Suburban Subdivisions.
1. The following improvements
shall not be required in a suburban subdivision
which is not adjacent to the City's corporate
limits, where the installation of said
improvements is not necessary to conform
with existing development in the general
neighborhood of the proposed subdivision:
a. Street paving
according to existing City standards and
specifications as adopted by the City Council.
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' b. Curbs and gutters
according to existing City standards and
' specifications as adopted by the City Council.
c. Storm drainage
facilities; provided, where storm drainage
' facilities are not required, the subdivider shall
be required to install stabilized shoulders at
least four feet wide and a sodded drainage
' swale at least five feet wide and 12 inches
deep with a slope of three to one on the street
side and at least two to one on the other side.
2. Where City standards and
specifications are not required, County
standards and specifications shall apply.
(Code 1991, §159.32; Code 1965, App. C,
Art. III, § A(3); Ord. No. 1979, 2-5-74; Ord.
No. 2353, 7-5-77)
§166.05 LARGE SCALE
DEVELOPMENT.
A. Requirement. The development
of a lot or parcel larger than one acre must be
processed in accordance with the requirements
for a large-scale development.
(Code 1991, §160.120; Code 1965, App. A,
Art. 8(11); Ord. No. 1747, 6-29-70; Ord. No.
1999, 5-7-74)
B. Review and Approval. All large
scale developments, not hereinafter excluded,
must be reviewed by the Plat Review
Committee and the Subdivision Committee
and must be approved by the Planning
Commission, after having afforded the
opportunity for public comment, before a
building permit may be issued. Approval by
the City Council shall not be required unless
an appeal is taken and heard.
Cross Reference: Appeals, Chapter 155
C. Building Permit/Large Scale
Development. Before a building permit for a
large scale development may be issued, the
developer shall:
1. Development Plan. Submit
a development plan to the City Planner for
review by the Plat Review Committee. The
development plan shall consist of a black line
site location map drawn to scale and not to
exceed 14 inches by 18 inches, and an
accurate black line vicinity map not to exceed
14 inches by 18 inches. The vicinity map need
not be drawn to scale.
2. Site Location Map. The site
location map shall depict the following:
a. The size and shape
of the property on which the development is to
be located.
b. The location, size
and arrangement of existing buildings, signs,
outdoor advertising, and other improvements,
water courses, ponds and streams, and any
other distinctive or unusual features that will
remain after the development is completed.
c. The location, size
and arrangement of proposed buildings or
additions, parking and loading areas and the
type of surfacing proposed for such areas,
streets, driveways, curb cuts, community
facilities, pedestrian ways, and open spaces.
3. Legal Description. A
correct legal description of the property
located within the large scale development,
and a correct legal description, certified by an
abstractor or surveyor, of street right-of-way
dedications and vacations and utility and
drainage easements.
4. Vicinity Map. The vicinity
map shall depict the following:
a. The location and
name of any street which abuts or intersects
the large scale development.
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b. The location and
name of any other street building or landmark
necessary to clearly indicate the location of
the large scale development.
5. Preliminary Street and
Drainage Plans. (Required only where the
developer proposes new streets or an
alteration in the existing street plan.) Submit
to the City Planner for review by the Plat
Review Committee preliminary street and
drainage plans, showing alignment of streets
and direction of flow of storm and sanitary
sewers in relation to topography. Where an
official street and drainage plan exists, it shall
be submitted for purposes of comparison.
6. Dedication of Right -of -
Way. Dedicate sufficient right-of-way to
bring those streets which the Master Street
Plan shows to abut or intersect the large scale
development into conformance with the right-
of-way requirements of the master street plan
for said streets; provided, the Planning
Commission may recommend a lesser
dedication in the event of undue hardship or
practical difficulties. Such lesser dedication
shall be subject to approval by the City
Council.
7. Miscellaneous Require-
ments.
a. Comply with those
requirements of §§ 166.03 through 166.04 of
the Development regulations pertaining to
streets, surface drainage system, water system,
sanitary sewer systems; and, if the
development is multifamily housing, said
requirements pertaining to public parks; and
install a sidewalk adjacent to all abutting
streets or highways in accordance with City
specifications for sidewalk construction.
b. The developer may
be required to install off -site improvements,
where the need for such improvements is
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created in whole or in part by the proposed
large scale development. For purposes of this
section, an off -site improvement shall mean
all, or any part of, a street, surface drainage
system, water system, or sanitary sewer
system, which is to be installed on property
located outside the proposed large scale
development.
c. Any required off -site
improvements shall be installed according to
City 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 large scale
development.
d. The Subdivision
Committee or Planning Commission may
refuse to approve a large scale development
for any of the following reasons:
(1). The
development plan is not submitted in
accordance with the requirements of this
section.
(2). The
proposed development would violate a City
ordinance, a State statute, or a Federal statute.
(3). The
developer refuses to dedicate the street right-
of-way, utility easements or drainage
easements required by this chapter.
( 4 ) . The
proposed development would create or
compound a dangerous traffic condition. For
the purpose of this section, a "dangerous"
traffic condition shall be construed to mean a
traffic condition in which the risk of accidents
involving motor vehicles is significant due to
factors such as, but not limited to, high traffic
volume, topography, or the nature of the
traffic pattern.
(5). City water
and sewer is not readily available to the
property within the large scale development
and the developer has made no provision for
extending such service to the development.
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(6). The
developer refuses to comply with subsection
7. b. and c. pertaining to required on -site and
off -site improvements.
Cross Reference: Notifications and Public
Hearings, Chapter 157; Appeals. Chapter 155.
D. Certificate of Occupancy. No
certificate of occupancy shall be issued until
the improvements required by subsection 7. a.,
b. and c. are installed to City specifications.
E. Completion of Development/As
Built Plot Plan. Upon completion of the
development, the developer shall file with the
City Planner an "as built" plot plan for the
large scale development showing:
1. The location of all buildings
and the setback distance for said buildings
from street right-of-way and adjoining
property lines;
2. The location of any free-
standing signs and the setback distance of said
signs from street right-of-way and adjoining
property lines;
3. The location, number,
dimensions and surfacing of all parking spaces
and of all screens or fences.
4. The location and size of all
water, sewer, gas, electric, telephone and
television cable lines.
F. Minor Modifications. The City
Planner may authorize minor modifications in
an approved large scale development. Minor
modifications shall include, but not be limited
to, substitutions of one approved structural
type for another or minor variations in
placement of buildings in such a way that the
overall limits of approved floor area, open
space or rooms per acre are not increased. In
the event that a developer wishes to make
major modifications to an approved
development, such modifications shall be
submitted to the Subdivision Committee in a
form which compares the approved
submission with the desired changes. After
submission, the Subdivision Committee shall
approve or disapprove the requested
modifications at its next meeting.
G. Excluded developments. The
following large scale developments shall be
excluded from the requirements of this
section:
1. A single-family residence,
an addition to a single-family residence, or an
accessory structure for a single-family
residence;
2. An addition to an existing
structure if the addition will not:
a. Exceed 10,000
square feet; or
b. Require more than
25 additional parking spaces under the
provisions of Chapter 172, Parking and
Loading;or
c. Require a change in
existing ingress or egress;
3. An additional structure
when erected as part of an existing
development, subject to the limitations of G.2.
above.
4. A prefabricated, movable
accessory building.
Cross Reference: Notification and Public
Hearings, Chapter 157.
H. Building and Moving
Permits. If a large scale development (LSD)
which is excluded from the requirements of
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this section meets the requirements of a
building and moving permit, the Building
Inspector shall issue such permit immediately
upon determination that the development will
not conflict with the City's Master Street Plan,
provided, if the City water and sewer service
is not available to the development, no
building or moving permit shall be issued
until the water supply and waste disposal
system proposed for the development has been
approved by the City Engineer.
Cross Reference: Committees and Boards,
Chapter 33; Appeals, Chapter 155; Fees,
Chapter 159.
(Code 1991, §159.54; Code 1965, App. C,
Art. IV; Ord. No. 1750, 7-6-70; Ord. No.
3925, §6, 10-3-95.)
§166.06 PLANNED UNIT
DEVELOPMENT.
A. Purpose. To be approved, a PUD
must comply with the provisions of this
section and must achieve all the following
purposes:
1. More efficient use of land;
2. More efficient use of public
facilities;
3. More useable open space
through structure grouping and other design
techniques; and
4. Preservation of appropriate
natural or physical features.
B. Approval. The Planning
Commission shall not approve any PUD
unless it expressly finds that satisfactory
provision has been made concerning the
following, where applicable:
1. Ingress and Egress.
Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and
convenience, traffic flow, and control and
access in case of fire or catastrophe.
2. Off -Street Parking and
Loading. Off-street parking and loading
areas where required, with particular attention
to the items in Subsection 1. above and the
economic, noise, glare, or odor effects of the
special exception on adjoining properties and
properties generally in the district.
3. Refuse and Service Areas.
Refuse and service areas, with particular
reference to the items in subsections 1. and
2. above.
4. Utilities. Utilities, with
reference to locations, availability, and
compatibility.
5. Screening and Buffering.
Screening and buffering with reference to
type, dimensions, and character.
6. Signs. Signs, if any, and
proposed exterior lighting with reference to
glare, traffic safety, economic effect, and
compatibility and harmony with properties in
the district.
7. Yards and Open Space.
Required yards and other open space.
C. Authorization and Permitted
Uses.
1. Zoning Districts. PUDs
are authorized in the following zoning
districts: R, R -O, C, and I. The uses permitted
in the PUD shall be the same use permitted in
the zoning district(s) in which the PUD land
area lies, except:
a. R-1 District. A
PUD in a R-1 district may include all uses
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other than home occupations allowed in Use
Unit 9 of Zoning; and
b. C-1 and C-2
Districts. A commercial PUD in a C-1 or C-2
district may include all uses allowed as a
matter of right in R-2 or R-3 districts.
2. Commercial and Industrial
Uses. Commercial or industrial uses are not
permitted in a PUD unless the land on which
such uses are to be placed is zoned or rezoned
commercial or industrial. Commercial zoning
and uses at locations other than that
recommended by the general plan may be
considered for approval in connection with a
residential PUD when the proposed dwelling
units exceed 500 in number; provided,
nonresidential uses of a service nature for the
convenience of the residents and their guests
and not designed to attract people living
outside the PUD may be permitted in a
residential PUD having less than 500 dwelling
units. Nonresidential uses of a service nature
include, but are not limited to, laundries, child
care facilities, exercise facilities, game rooms,
meeting rooms, and recreation facilities; uses
not listed herein but determined by the
Planning Commission (after public hearing) to
be similar in nature may be permitted.
3 PUD Types. Two kinds of
PUDs may be approved under this section:
a. Large Area PUD.
Five acres or more; and
b. Small Area PUD.
Less than five acres.
4. Processing PUD's. Both
kinds of PUDs shall be processed according to
the requirements of this section; provided, in
approving a small area PUD the Planning
Commission may restrict from use any
provision(s) of this section.
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5. Density.
a. Dwelling Unit
Density. The dwelling unit density shall be
the density allowed in the zoning district in
which the PUD is being planned. If more than
one zoning district permitting residential uses
is involved, then the maximum number of
dwelling units shall be the combined total of
all districts, each district being calculated
separately according to its land area times the
density of the zoning district covering that
land area.
b. Bonus Density. In
addition to the dwelling unit density otherwise
permitted, a density bonus for additional open
space may be allowed at the option of the
Planning Commission, up to the following
maxima, in the R-1 District or setback area in
all districts.
OPEN SPACE
% Open Space
(Gross Land
Area)
Permitted
Dwelling Units Per
Acre
35
7.50
40
8.00
45
8.50
50
9.00
6. Setback Area. In an R-1,
R-2, and R-3 District, one additional dwelling
unit may be permitted for each additional
2,200 square feet of additional setback area
measured from an existing R-1 District or
single-family development. Only one of the
above density bonus methods may be granted
by the Planning Commission for any PUD.
7. Perimeters. When a PUD
has a common perimeter with an R-1 District,
any use of land within an R-1 PUD, other than
a single-family detached dwelling, shall be set
back at least 250 feet from the common
perimeter; provided, two-family detached
dwellings shall be a conditional use within
said 250 -foot setback area and may be
permitted on appeal to the Planning
Commission. The Planning Commission shall
not grant a variance from the setback
requirement prescribed hereby without first
giving public notice as provided in Chapter
156.
Cross Reference: Variance, Chapter 156;
Notification and Public Hearings, Chapter
157.
8. Setbacks. External setbacks
when a PUD abuts any other zoning district or
development (including another PUD in an A-
I or R-1 District) shall be the same as that
provided by Zoning for the district(s)
covering the PUD. In addition to the above,
any single structure containing more than two
units which exceeds one story shall be set
back an additional one foot for each one foot
of height in excess of 10 feet when adjacent to
an R-1 District, A -I District, or single-family
development.
9. Internal Spacing. Internal
spacing between structures shall be a
minimum of 10 feet, measured to the nearest
point of the structure.
10. PUD Expansion. A PUD
may be expanded beyond its original
boundaries following the requirements of this
chapter. The developer shall submit a
development plan showing the entire property
within the PUD.
11. Changes Within a PUD.
Minor changes caused by conditions
unforeseen at the times of initial approval may
be authorized by the City Planner without
Planning Commission approval. These
changes include, but are not limited to:
structure location, structure character, location
of sidewalks, trails, street lighting, parking,
and changes in landscaping. All other changes
which in the opinion of the City Planner or
Planning Commission are major changes must
be approved by the Planning Commission.
12. Lot Splits within a PUD.
Following Planning Commission approval of
a final Planning Commission plan the City
Planner may approve an unlimited number of
lot splits within a PUD provided the character
or intent of the approved development plan is
not being changed.
3. ReviewProcedure/Concept
Plan. Whenever a developer intends to
develop a PUD under the provisions of this
section he may submit a concept plan prior to
initiating the detailed work involved in the
preparation of a preliminary plat. The purpose
of the concept plan is to allow the developer,
the Planning Commission, and the general
public to discuss the proposed development
before a great deal of time and money are
committed to any project.
a. The concept plan
shall include the following information.
(1). Total area to
be included in the PUD;
(2). Topography
(USGS 20 -foot intervals is sufficient);
(3). Public
facilities intended to be provided;
(4). Areas with
potential flood problem, wetlands or any other
features presenting development difficulty;
(5). Unique
physical features;
(6). Nature of
surrounding development;
(7). Nature and
extent of tree cover;
(8). Nature of
proposed development;
(9).Tentative
street layout; and
(10). Any other
information deemed necessary by the
Planning Commission.
b. The developer shall
submit 13 copies of the concept plan to the
City Planner.
14. Preliminary PUD Plan. A
preliminary PUD plan shall be submitted to
the Planning Commission following the same
procedures and requirements outlined in this
chapter. In addition to the requirements of the
subdivision regulations, the following
information shall be submitted:
a. An estimate of the
number of units for sale and lease;
b. Identification and
size (acres or square feet) of all open space
and proof that the developer has the capacity
to maintain the open space until accepted by
the City or assumed by the property owners
association (POA);
c. Identification and
location of all nonresidential structures
proposed in the PUD;
d. All information
relating to the establishment, operation, and
perpetuation of the POA;
covenants;
e. Proposed protective
f. Natural features;
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g. Written request for
any desired variances from the zoning or
subdivision regulations; and
h. Location, size, and
number of all proposed parking spaces and all
pertinent information relating to maintenance
thereof and access thereto. Maintenance of
parking spaces in a nonresidential PUD shall
be the responsibility of the landowner, or a
POA and shall not be the responsibility of the
City. The method for maintenance shall be
established by the PUD covenants.
15. Final PUD Plan. A final
PUD plan shall be submitted following the
procedures and requirements outlined in this
chapter. In addition to the requirements of the
subdivision regulations, the following
information shall be submitted.
a. Location of
recreation facilities;
b. Proposed treatment
and ownership of open spaces;
c. Relationship of
dwelling units, recreation facilities, and open
space;
d. Proposed trails,
walks, waterbodies, and other special features;
e. Final protective
covenants and property owners association
agreement. Any property owners association
agreement shall apply to all property owners
within the PUD and the protective covenants
shall so provide; and
f. Location, size, and
number of all proposed parking spaces and all
pertinent information relating to maintenance
thereof and access thereto. Maintenance of
parking spaces in a nonresidential PUD shall
be the responsibility of the landowner, or a
property owners' association and shall not be
the responsibility of the City. The method for
maintenance shall be established by the PUD
covenants.
16. Design Standards.
a. Sidewalks. As
required by § 166.03E.
b. Street Lights. As
required by §166.03J.
c. Water. As required
by §166.03H or §166.04 A.7.
d. Sewer. As required
by § 166.03I. or § 166.04A.8.
e. Parking. As required
by Chapter 172.
f. Streets. Streets
within a residential PUD may be either public
or private.
(1). Public
Streets. Public streets shall be constructed
according to the adopted standards of the City.
(2). Private Streets.
Private streets within a residential PUD shall
be permitted subject to the following
conditions:
(a).Private
streets shall be permitted for only a loop
street, or street ending with a cul-de-sac. Any
street connecting one or more public streets
shall be constructed to existing City standards
and shall be dedicated as a public street.
(b).Subbase,
base, and paving shall meet the City's
standards.
(c). An adequate
storm drainage system approved by the City
Street Superintendent shall be required for all
private streets. Where curbs and gutters are
not installed, bar "V" ditches adhering to the
natural drainage and with a slope of 3 to I on
the upslope side and 2 to I on the downslope
side shall be required on each side of all
private streets. Underdrains shall be installed
where necessary.
(d). Maximum
density served by a cul-de-sac shall be 40
units. Maximum density served by a loop
street shall be 80 units.
(e). The plat of
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the planned development shall designate each
private street as a "private street."
(f). Maintenance
of private streets shall be the responsibility of
the developer or of a neighborhood property
owners association (POA) and shall not be the
responsibility of the City. The method for
maintenance and a maintenance fund shall be
established by the PUD covenants. The
covenants shall expressly provide that the City
is a third party beneficiary to the covenants
and shall have the right to enforce the street
maintenance requirements of the covenants
irrespective of the vote of the other parties to
the covenants.
( g ) . T h e
covenants shall provide that in the event the
private streets are not maintained as required
by the covenants, the City shall have the right
(but shall not be required) to maintain said
streets and to charge the cost thereof to the
property owners within the PUD on a pro rata
basis according to assessed valuation for ad
valorem tax purposes and shall have a lien on
the real property within the PUD for such
cost. The protective covenants shall grant the
City the right to use all private streets for
purposes of providing fire and police
protection, sanitation service and any other of
the municipal functions. The protective
covenants shall provide that such covenants
shall not be amended and shall not terminate
without approval of the City Council.
(h). The width
of private streets may vary according to the
density served. The following standard shall
be used:
Paving Width
(No On -Street Parking)
Dwelling
Units
One -Way
Two -Way
1-20
14'
22'
21+
14'
24'
*Note: If on -street parking is desired, 6 feet
must be added to each side where parking is
intended.
(i). All of the
traffic laws prescribed by Title VII shall apply
to traffic on private streets within a PUD.
(j). There shall
be no minimum building setback requirement
from a private street.
( k ) . T h e
developer shall erect at the entrance of each
private street a rectangular sign, not exceeding
24 inches by 12 inches, designating the street
a "private street" which shall be clearly visible
to motor vehicular traffic.
17. Open Space.
a. Each residential
PUD shall provide at least 30% of the total
land area within the PhD as usable private or
public open space. A minimum of at least '/2
of the 30% open space shall be contiguous (in
continuous connection). Land within the
floodplain (ten-year frequency) and wetland
may be counted as no more than 50% of the
usable open space. Any area intended for
active open space shall be a minimum of 25
feet wide in its smallest dimension and in
small area PUDs shall contain at least one area
of continuous open space with a minimum of
10,000 square feet.
b. The following shall
not be considered as usable open space.
(1). The surface
area of parking lots including driveways;
(2). The area
occupied by structures excluding structures
used for recreational purposes;
(3). Any lot
intended for private ownership; and
(4). Street
surface area.
c. All land proposed
for public open space shall be approved by the
City Council prior to final approval of the
PUD and upon transfer to the City shall
thereafter become the maintenance
responsibility of the City. Provisions shall be
made for the maintenance and perpetuation of
all proposed private open space.
d. Perpetuation of
private open space. The PUD covenants shall
expressly provide that the City is a third -party
beneficiary to the covenants and shall provide
that no encroachment on, reduction of, or
modification to the open space required shall
be made without prior approval of the City
Council, irrespective of the vote of the other
parties to the covenants.
e. The maintenance of
all private open space shall be the
responsibility for the developer or of a
property owner's association and the method
for maintenance and a maintenance fund shall
be established in the PUD covenants. The
covenants shall expressly provide that the City
is a third -party beneficiary to the covenants
and that the City shall have the right to
enforce the requirements for open space
irrespective of the vote of the other parties to
the covenants. All private open space shall be
maintained in an appropriate manner.
Appropriate manner means a manner which
does not violate City ordinances or constitute
a hazard to the safety, health, or general
welfare of the PUD residents or general
public. The covenants shall provide that in the
event private open space is not maintained as
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required by the covenants and this section, the
City shall have the right (but shall not be
required) to maintain said open space and to
charge all maintenance costs incurred by the
City to the property owners within the PUD
on a pro rata basis according to assessed
valuation for ad valorem tax purposes and
shall have a lien on the real property within
the PUD for such costs.
18. Height. The height
regulations of the various zoning districts
shall apply and be in addition to the perimeter
setbacks established in this section .
19. Natural Features. Natural
features, such as bluffs and streams existing
on a proposed PUD site shall be identified on
both the concept and preliminary plan. Every
effort shall be made to retain these natural
features in open space. Any tree stand which
forms a continuous canopy (in full leaf) of 200
feet or more measured in any direction shall
be identified on the concept plan. A general
description of the tree species shall be
provided. A grading plan may be required by
the Planning Commission in cases where
terrain is a critical factor. At a minimum, the
grading plan shall show how drainage
problems and erosion will be controlled.
20. View Protection. The
Planning Commission shall have the right to
establish special height and/or positioning
restrictions where scenic views are involved
and shall have the right to insure the
perpetuation of those views both within and
without the PUD through protective covenant
restrictions.
21. Construction of
Nonresidential Facilities. Prior to issuance of
more than eight building permits for any
residential PUD, all approved nonresidential
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facilities shall be constructed. In the event the
developer proposed to develop the PUD in
phases, and the nonresidential facilities are not
proposed in the initial phase, the developer
shall enter into a contract with the City to
guarantee completion of the nonresidential
facilities.
22. Signs. Erection and
maintenance of all signs on private streets
shall be the responsibility of the developer or
a property owners' association Following
final approval of the PUD, the City will erect
and maintain all street name signs and traffic
control signs on public streets.
(Code 1991, §160.121; Code 1965, App. A,
Art. 8(12); Ord. No. 1747, 6-29-70; Ord. No.
1903, 3-6-73; Ord. No. 2379, 9-20-77; Ord.
No. 2538, 7-3-79; Ord. No. 2582, 12-4-79;
Ord. No. 2633, 5-20-80; Ord. No. 2710, 3-24-
81; Ord. No. 2779, 11-17-81; Ord. No. 4017,
§1 2-4-97)
Cross Reference: Fees, Chapter 159.
§166.07. REQUIRED OFF -SITE
IMPROVEMENTS.
A. Generally: Required of
Subdivider.
1. The subdivider shall be
required to install off -site improvements
where the need for such improvements is
created in whole or in part by the proposed
subdivision. For purposes of this section, an
off -site improvement shall mean any
improvement listed in § 166.03 and 166.04 of
these regulations which is to be installed on
property located outside the proposed
subdivision.
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2. Any required off -site
improvements shall be installed according to
the City's standards; provided off -site
improvements to roads located outside the
City's corporate limits but within the City's
planning area shall be installed to the
County's standards. The subdivider 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 subdivision.
3. At the time the Planning
Commission grants preliminary plat approval,
the Planning Commission shall determine
whether the proposed subdivision creates a
need for off -site improvements and the portion
of the cost of any needed off -site
improvements which the subdivider 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
subdivider shall be required to bear the
Planning Commission shall consider the
acreage within the proposed subdivision as a
percentage of all the acreage which, when
fully developed, will benefit from the on -site
improvements; provided, the Planning
Commission may use a different method of
measurement if it determines that use of the
acreage standard will not result in the
subdivider bearing that portion of the cost
which bears a rational nexus to the needs
created by the subdivision.
B. Delayed Improvements.
Cross Reference: Bonds and Guarantees,
Chapter 158; Variances, Chapter 156.
C. Determining Necessity for Off -
Site Improvements.
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1. When a proposed
subdivision has access to paved streets or
roads only by way of substandard or
unimproved roads or streets leading from the
subdivision to the paved streets or roads, the
subdivider shall be responsible for
contributing his proportionate share of the cost
of improving the substandard access roads or
streets to existing City or County standards.
The subdivider's proportionate share of said
costs shall be determined by the Planning
Commission in accordance with the
provisions of A. above.
2. When a proposed
subdivision has direct access to, or fronts on,
an existing road or street which is below
current standards, the subdivider shall be
responsible for contributing his proportionate
share of the cost of improving said street or
road to existing City or County standards. The
Planning Commission shall determine the
subdivider's proportionate share of said costs
in accordance with the provisions of A. above.
3. Off -site drainage
improvements shall be required whenever a
proposed subdivision causes the need for such
improvements.
D. State Highways. The subdivider
shall be required to dedicate sufficient right-
of-way to bring those state highways which
the Master Street Plan shows to abut or
intersect the proposed subdivision into
conformance with the right-of-way
requirements of the Master Street Plan. The
subdivider shall be required to install a
sidewalk adjacent to that portion of a State
highway abutting the proposed subdivision;
and , provided that the Planning Commission
may waive the sidewalk requirement
prescribed by this subsection upon application
by the subdivider and a determination by the
Planning Commission that the topography of
the proposed subdivision where it abuts a state
highway is such that installation of a sidewalk
is not practical. Any other improvements
required of the developer by the Planning
Commission shall be coordinated with the
Arkansas Highway and Transportation
Department.
(Code 1991, §159.33; Code 1965, App. C,
Art. III, §A(4); Ord. No. 2293, 12-7-76; Ord.
No. 2361, 7-19-77; Ord. No. 2570, 10-16-79;
Ord. No. 2860, 10-5-82, 6-4-96; Ord. No.
3974)
§166.08 DESIGN STANDARDS.
A. Intent. These standards are
intended to help the developer achieve
development that is safe, efficient, pleasant,
economic to build and easy to maintain.
(Code 1991, §159.45; Code 1965, App. C,
Art. IV; Ord. No. 1750, 7-6-70)
B. Fitness for Development. Based
on topographic maps, soil surveys prepared by
the department of agriculture and drainage
information from the comprehensive plan, the
Planning Commission may require that steep
grades, unstable soil and flood plains be set
aside and not subdivided until corrections are
made to protect life, health and property.
(Code 1991, §159.48; Code 1965, App. C,
Art. IV, §C; Ord. No. 1750, 7-6-70)
C. Street Design Principles.
1. Extensions. All street
extensions shall be projected at the same or
greater width, but in no case less than the
standards.
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2. Substandard widths.
Subdivisions that adjoin existing streets shall
dedicate additional right-of-way to meet the
minimum widths listed.
3. Street names. Names of
streets shall be consistent with natural
alignment and extensions of existing streets,
and new street names must be used which will
not duplicate or be confused with existing
names.
4. Tangents. A straight tangent
at least 100 feet long shall separate reverse
curves.
5. Access. Safe and adequate
vehicular and pedestrian access shall be
provided to all parcels.
6. Access control. Local
streets and driveways shall not detract from
the safety and efficiency of bordering arterial
routes.
7. Through traffic. Local
street systems should be designated to
minimize through traffic movements.
8. Speed. Local streets should
be designed to discourage excessive speeds.
9. Pedestrian. Pedestrian -
vehicular conflict points should be minimized.
10. Economy. A minimum
amount of space should be devoted to street
uses.
11. Traffic conflict. There
should be a minimum number of intersections.
12. Street pattern. The
arrangement of local streets should permit
economical and practical patterns, shapes and
sizes of development parcels.
13. Topography. Local streets
should be related to topography.
1
1
1
Local Streets
Collector Streets
Ordinary
Hilly
Ordinary
Hilly
Density
Urban
Rural
Urban
Rural
Urban
Rural
Urban
Rural
Spacing
300'--
300'--
300'--
300'--
300'--
300'--
300'--
300'--
1400'
1400'
1400'
1400'
1400'
1400'
1400'
1400'
Right -of-
50'
60'
50'
60'
60'
80'
60'
80'
way
Pavement
30'
24'
30'
24'
36'
30'
36'
30'
width
Border
vertical
8'
vertical
8'
vertical
8'
vertical
8'
curb &
shoulders
curb &
shoulders
curb &
shoulders
curb &
shoulders
gutter
& swales
gutter
& swales
gutter
& swales
gutter
& swales
or roll
or roll
or roll
or roll
curb
curb
curb
curb
Off-street
one
none
none
none
both
none
parking
side
sides
Sidewalk
one
one side
both
both
one side
side
sides
sides
Maximum
10%
10%
15%
15%
6%
12%
12%
grade
(300'
(300'
max.)
max.)Dead-end
streetsLength
___________
500
1000
1000
500
Radius
50
50
--
--
ROWDesign
25
30
20
25
30
25
30
s eedSight
250
250
110
110
350
150
150
distance at
centerline
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1
Local Streets
Collector Streets
Intersection
40
40'
50'
50'
50'
50'
60'
60'
to curb cut
Between
25'
25'
25'
25'
30'
30'
30'
30'
curb cuts
Street
Yes
Yes
Yes
Yes
lighting
(Code 1965, App. C., Art. IV, §D; Ord. No.
1801, 6-21-71; Ord. No. 2196, 2-17-76)
D. Residential blocks.
1. Width. Blocks shall be two
tiers of lots wide, except where topography,
highway, railroads, utility lines or other
physical features will not permit it.
2. Length. Blocks shall be at
least 400 feet long, but no longer than 1,400
feet.
(Code 1991, §159.51; Code 1965, App. C.,
Art. IV, §F; Ord. No. 1750, 7-6-70)
E. Easements. Easements at least
25 feet wide shall be centered along rear lot
lines and along side lot lines where needed to
provide for utility lines and surface drainage.
The Planning Commission may require larger
easements for major utility lines, unusual
terrain or drainage problems.
(Code 1991, §159.52; Code 1965, App. C.,
Art. IV, §G; Ord. No. 1750, 7-6-70)
F. Residential lots.
1. The use and design of lots
shall conform to the provisions of Zoning
where zoning is in effect. When no zoning
applies, the following standards shall govern
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unless in conflict with more stringent City or
State regulations applicable to the use of
individual disposal systems:
a. Minimum
Standards:
Urban
Suburban
Area
8,000
10,000
(square feet
Width (feet)
70
75
Side yard (feet)
10
10
Rear yard (feet)
20
20
Frontage on
70
75
improved street
(feet)
Provided, a suburban lot may be
developed as a tandem lot in
accordance with Zoning, Chapter 160-
165.
b. Size. The size and
shape of the lots shall not be required to
conform to any stipulated pattern, but insofar
as practicable, side lot lines should be at right
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angles to straight street lines or radial to
curved street lines. When a tract of land is
subdivided into larger than normal lots, such
lots shall be so arranged as to permit the
logical location and opening of future streets
and appropriate resubdivision of the lots, with
provision for adequate utility connections for
such resubdivision.
(Code 1991, §159.53; Code 1965, App. C.,
Art. IV, §H; Ord. No. 2353, 7-5-77)
Cross Reference: Variances, Chapter 156
§166.09 CONDITION OF ACCEPTANCE.
A. The City shall not have any
responsibility with respect to any street, or
other improvements, notwithstanding the use
of the same by the public, unless the street or
other improvements shall have been accepted
by the City.
B. Prior to requesting final acceptance
of streets and sanitary and storm sewers the
developer shall furnish "as -built" drawings in
reproducible form
C. The City shall, within 30 days after
the public improvements have been offered
for dedication to the City, accept the
improvements, provided the improvements
have been constructed in accordance with the
requirements and conditions of this chapter
and the specifications of the City. The
developer shall furnish proof that all
improvements are free of liens and debts.
(Code 1991, §159.36; Code 1965, App. C,
Art. III, §D; Ord. No. 1750, 7-6-70)
§166.10 BUFFER STRIPS AND
SCREENING.
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A. General Requirements. When
Planning Commission review of a
development plat requires the construction
and maintenance of a buffer strip, fence, or
screen wall as a condition for initiating and
subsequently continuing any use, such buffer
strip, fence, or screen wall shall be constructed
and maintained on the zoning lot containing or
proposed to contain such use, in accordance
with provisions of this chapter. The purpose
of the buffer strip shall be to provide
separation and enclosure of uses; the purpose
of the fence to enclose uses; the purpose of the
screening wall to conceal uses.
B. Buffer Strip Required. The
buffer strip shall consist of both a landscaped
area and a fence or wall meeting the following
specifications:
1. Landscaped Area. The
buffer strip landscaped area shall consist of a
strip of land at least 12 feet wide which shall
be adequately landscaped, entirely on the
zoning lot which is required to provide the
buffer strip, and so located as to service as an
effective buffer between the use required to
provide the buffer strip and other property for
whose protection the buffer strip is required.
The buffer strip shall extend along the full
length of the boundary separating the zoning
lot from such other property, or from the
street, as the case may be.
2. Fence Required. Required
fences shall be of a wood or chain link type
(barbed wire not permitted) not less than six
feet high, constructed of good, substantial
material, of first-class workmanship, and so
erected as to resist wind pressure, ensure
public safety, and present a neat, attractive
uniform appearance.
II
C. Screening Required.
1. At the expense of the owner
or lessee of the property, and in all zones, the
following uses shall be completely surrounded
by a view obscuring fence or by view -
obscuring vegetation, or a combination of the
two, of sufficient height to prevent the view of
the premises from vehicular and pedestrian
traffic on adjacent streets: outdoor storage
yards, including, but not limited to, auto
salvage yards, scrap metal yards, used
furniture yard, and garbage dumps. Where
vegetation is used to meet the requirements of
this subsection or Subsection 2. below, the
vegetation shall be planted at a density
sufficient to become view obscuring within
two years from the date of planting. If
vegetation planted under this subsection does
not become view -obscuring within two years,
a view -obscuring fence shall be installed.
2. A view -obscuring fence or
view -obscuring vegetation, or a combination
of the two, shall be required between R-1
zones and all nonresidential uses (including
access drives and parking lots for six or more
cars accessory to any use) and between any
commercial or industrial use and adjacent R-2,
R-3, or R -O zones.
3. Vegetation having a minimum
height of one foot six inches at the time of
planting and occupying a minimum of 10% of
the open area at the time of planting shall be
required (1) on each side abutting a street or
required off-street parking areas for six or
more cars, where said areas are in or adjacent
to R zones, and (2) in, or adjacent to, R zones
where the Planning Commission has granted
a variance from the screening requirements
described in 1. and 2. above.
4. Required building setbacks may be
reduced in accordance with the following
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table where vegetation having a minimum
height of one foot six inches at the time of
planting and occupying 10% of the open area
is installed and no off-street parking is
provided in the remaining front yard.
C-1, C-2 and I-1
From 50 feet to 25
zones
feet
R -O zone
From 30 feet to 25
feet
I-2 zone
From 100 feet to 50
feet
5. Vegetation installed under
the provisions of this section shall be
continuously maintained to conform to the
requirements of this section.
6. At the expense of the owner
of the property, all storage units and storage
yards for ministorage created under use unit
21 shall be required to be screened by view
obscuring vegetation when the storage yards
or the storage units have common property
lines with any residential use or zone and
when they have frontage on any public street.
Vegetation used for screening purposes shall
be planted at a density sufficient to become
view obscuring within two years from the date
of planting and it shall be the responsibility of
the property owner to maintain the screening
throughout the life of the use of the property
as ministorage.
(Code 1991, §160.124)
§166.11 CONFORMANCE TO PLANS
AND REGULATIONS.
A. Conform to Plans and
Regulations. The subdivision shall conform
to the official plans and regulations that make
up the comprehensive plan including the land
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use plan, the street plan, access control,
setback ordinances, the community facilities
plan and Zoning, Chapters 160 - 164.
B. Reserve Sites for Public Use.
1. For a period of six months
after submitting an application for approval of
a preliminary plat with the Planning
Commission, the Planning Commission may
require the subdivider to reserve sites for
public use that are indicated within the
boundaries of the proposed subdivision which
are indicated on an officially adopted plan, to
permit the public board, commission or body
having jurisdiction or financial responsibility
the opportunity to acquire said sites.
2. The subdivider at his option
may provide such areas or may be required to
make them available for acquisition by the
City under statutory procedure. All such areas
shall be maintained at the expense of the City
or other body which may be involved.
C. Future Acquisition. The
Planning Commission may require the
subdivider to establish building lines to allow
for future acquisition of right-of-way for
arterial streets.
(Code 1991, §159.47; Code 1965, App. C,
Art. IV, §B; Ord. No. 1750, 7-6-70)
§166.12 STRUCTURES NOT ALLOWED
OVER PUBLIC EASEMENTS.
No portion of any structure shall be
built over any public utility easement.
§166.13 UNDERGROUND UTILITY
WIRES. In the new residential developments
requiring Planning Commission approval and
new commercial developments all utility
wires, lines, and/or cables in said
developments utilized by electric and/or
telecommunications companies shall be
placed underground.
§166.14 SITE DEVELOPMENT
STANDARDS AND CONSTRUCTION
AND APPEARANCE DESIGN
STANDARDS FOR COMMERCIAL
STRUCTURES.
A. Purposes.
1. To protect and enhance
Fayetteville's appearance, identity, and 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.
•' (Code 1991, §160.119; Code 1965, App. A,
Art. 8(10.1); Ord. No 1747, 6-29-70; Ord. No. 6. To preserve property values
3073, 3-19-86) of surrounding property.
Ii
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II
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:
Commercial
Commercial
1. R -O Residential Office
2.C-1 Neighborhood
3. C-2 Thoroughfare
4. C-3 Central Commercial
5. C-4 Downtown
6. I-1 Heavy Commercial and
Light Industrial
7. I-2 General Industrial
8. P-1 Institutional
9. E-1 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 25% of the existing building
square footage occurs.
1. Landscaping. Landscaping
is required as follows:
a. Landscaping
general provisions.
(1). Land-
scaping shall be provided which is sufficient
to provide soil stability and suitable drainage.
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(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).Land-
scaping 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). Land-
scaped area required. A 15 foot 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 foot 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 §172.01.
(3). Trees.
(a). Trees
shall be planted in the 14 foot landscaped area
at a ratio of one 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
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in the Landscape Manual under the tree
section guide are encouraged.
(c). Trees
planted shall have a two inch caliper
(diameter) measured six inches above ground
level at the time of planting with at least 50%
with an expected mature height of 60 feet 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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{p• TALL
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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.
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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 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 anical and
utility m n 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 inches in height
shall meet building setbacks.
Cross Reference: §161.13 through §161.21.
(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 are used for agricultural
purposes.
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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 Buildings. Fences located in front of
the primary structure may be solid up to 30
inches in height. Any part of a fence which
exceeds 30 inches 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 are exempt from this
requirement.
5. Driveways. Shared drives
and cross access between properties shall be
encouraged to developed and undeveloped
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:
precision block walls.
a. Unpainted concrete
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.
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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.
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c. A development
should provide compatibility and transition
between adjoining developments.
E. Design Review.
1. Submittals 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 inch to 1 foot
(minimum) scale showing adjoining context
and a description of external building
materials.
b. Proposed land-
scaping to be used as screening shall be shown
on the tree preservation plan or site plan.
2. Build Out. 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
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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.
Cross Reference: Appeals, Chapter 155.
F. Variances.
Cross Reference: Variances, 156.
(Code 1991, §160.124; Ord. No. 4004, §1, 10-
15-96)
§166.15 APPLICATION FOR BUILDING
PERMIT.
A. Application. All applications for
building permits shall be accompanied by
plans in duplicate drawn to scale showing:
1. The actual dimensions and
shape of the lot to be built upon,
2. The exact sizes and
locations on the lot of buildings already
existing, if any, and
3. The location and dimensions
of the proposed building or alteration.
4. The application shall include
such other information as lawfully may be
required by the City Planner, including:
a. Existing or proposed
building or alteration,
b. Existing or proposed
uses of the building and land,
c. The number of
families, housekeeping units, or rental units
the building is designed to accommodate,
d. Conditions existing
on the lot, and
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e. such other matters as
may be necessary to determine conformance
with, and provide for the enforcement of this
chapter.
B. Approval/Denial. One copy of the
plans shall be returned to the applicant by the
City Planner after he shall have marked such
copy either as approved or disapproved and
attested the same by his signature on such
copy. The original of the plans, similarly
marked, shall be delivered to, and retained by
the Building Inspector's office.
(Code 1991, §160.191; Code 1965, App. A,
Art, 9(2); Ord. No. 1747, 6-29-70)
C. Expiration of Building Permit.
1. Begin Work. If the work
described in any building permit has not
begun within 180 days after the date of
issuance thereof, said permit shall expire; it
shall be canceled by the Building Inspector
and written notice thereof shall be given to the
persons affected.
2. Substantial Completion.
If the work described in any building permit
has not been substantially completed within
two years of the date of issuance thereon, said
permit shall expire and be canceled by the
Building Inspector and written notice thereof
shall be given to the persons affected, together
with notice that further work as described in
the canceled permit shall not proceed unless
and until a new building permit has been
obtained.
(Code 1991, §160.193; Code 1965, App. A,
Art. 9(4); Ord. No. 1747, 6-29-70)
Cross Reference: Building Regulations,
Chapter 173; Enforcement, Chapter 153.
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§166.16 CONSTRUCTION TO BE AS
PROVIDED IN APPLICATION, PLAN,
AND PERMITS.
Building permits issued on the basis of
plans and applications approved by the City
Planner authorize only the use, arrangement,
and construction set forth in such approved
plans and applications, and no other use,
arrangement, or construction.
(Code 1991, §160.194; Code 1965, App. A,
Art, 9(5); Ord. No. 1747, 6-29-70)
Cross Reference: enforcement, Chapter 153.
§166.17 SUSPENDING ISSUANCE OF
PERMITS PENDING ZONING
AMENDMENTS.
A. No permit for the erection of any
building or structure, or permit for the conduct
of any use, shall be issued for a period of not
more than 90 days after the question of a
zoning amendment, so as to prohibit the use or
building contemplated in the area concerned,
has been referred to the Planning
Commission.
B. For the purpose of this section an
amendment has been referred to the Planning
Commission when a rezoning petition or
official request for rezoning study is filed with
the City Planner. Provided that if final action
by the City Council is not taken on the
question within three months of the time the
matter is so referred, the permit shall issue if
all other requirements are met. If within such
three-month period the governing body of the
municipality shall pass an ordinance
amending Zoning, Chapters 160-165, so as to
prohibit such building, structure, or use no
such permit shall be issued.
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C. However, nothing contained in this
section shall prohibit the issuance of a
building permit or permit for the conduct of
any use if an application for said permit
together with all fees required and a complete
set of plans demonstrating complete or
substantially complete compliance with all
building and zoning requirements is filed with
the City Planner prior to the reference to the
Planning Commission.
(Code 1991, §160.196; Code 1965, App. A,
Art, 9(7); Ord. No. 1747, 6-29-70; Ord. No.
1918, 5-15-73)
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[DIVIDER 4: TREE PROTECTION AND PRESERVATION]
§167.01 Purpose
§ 167.02 Commercial Tree Pruner/Service
Certificate and Insurance Required
§ 167.03 Hazardous Trees
§ 167.04 Landmark and Rare Trees; Tree
Registry
§ 167.05 Tree Protection in New
Subdivisions, Large Scale
Developments, Commercial
Developments and Grade Permit
Requests Larger than One Acre
§167.06 Tree Planting, Maintenance and
Removal on Street Right -of -Way
and Other Public Grounds
§ 167.07 Successors in Interest
§ 167.08 Landscaping
CHAPTER 167:
TREE PROTECTION AND PRESERVATION
§167.01 PURPOSE. It is the purpose of this
chapter to preserve and enhance the natural
beauty of Fayetteville, to protect the health
and safety of the residents of Fayetteville, and
to protect the environment, by providing for
regulation of the planting, maintenance, and
removal of trees within the city, in order to
accomplish where possible, the following
objectives:
A. To create a desirable environment
for Fayetteville residents, businesses and
industries.
B. To moderate effects of sun, wind
and temperature changes.
C. To buffer noise, air and visual
pollution.
D. To filter pollutants from the air
and release oxygen.
E. To decrease stormwater runoff.
F. To stabilize soil and prevent
erosion.
G. To provide habitat for wildlife.
H. To increase property values and
protect investment.
beds.
I. To preserve desirable trees.
J. To help preserve river and stream
K. To screen incompatible land uses.
L. To establish minimum site
management requirements for trees protected
by this chapter.
M. To encourage public education
about trees and landscaping and their value.
N. To analyze a site before a site's
natural state is disturbed.
O. To promote energy conservation.
(Code 1991, §162.01; Ord. No. 3699, § 1, 4-
20-93)
§167.02 COMMERCIAL TREE PRUNER/
SERVICE CERTIFICATE AND
INSURANCE REQUIRED.
A. Certificate Required. A City
issued Commercial Tree Pruner/Service
Certificate shall be required for the owner and
supervisory personnel of each business
performing commercial tree work within the
City.
B. Workshop. Each applicant shall
attend an educational workshop on basic tree
science and the proper techniques of tree
pruning; or shall demonstrate sufficient
knowledge of basic tree science and the proper
techniques of tree pruning by scoring 75% or
higher on a test provided by the National
Arbor Society.
C. Certificate Issuance. A certificate
shall be issued when an individual has
successfully completed the workshop or
scored adequately on the test.
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D. Job Site. The certificate shall be
available at each job site.
E. Supervision. All persons engaged
in the business of trimming trees shall be
under the supervision of a certified tree
pruner/service.
F. Workers Compensation. Those
individuals performing commercial tree work
on public grounds shall comply with all
workers compensation requirements as set
forth under Arkansas law and shall hold a City
issued Commercial Tree Pruner/Service
Certificate.
G. Licensure. Those individuals
performing tree surgery shall comply with
licensure requirements as set forth under
Arkansas law.
§167.03 HAZARDOUS TREES.
Pruning. Every owner of any tree
overhanging a street or sidewalk within the
City is responsible for pruning the branches so
that such branches shall not obstruct vehicles
or pedestrians.
(Code 1991, §162.09; Ord. No. 3699, §9, 4-
20-93)
§167.04 LANDMARK AND RARE
TREES; TREE REGISTRY.
A. Tree Registry Established. There
shall be established a tree registry which shall
be a list of trees or groups of trees registered
with the City due to documented historic
association, rare tree species or extraordinary
value because of their age, size or type. Such
tree registry shall be maintained by the
Landscape Administrator.
B. Voluntary Registration. Rare and
landmark trees which are located on existing
individual lots with single-family homes shall
be protected if voluntarily registered in the
tree registry by the property owner. The
owner shall be entitled to consultation with
the Tree and Landscape Advisory Committee
and/or the Landscape Administrator
concerning proper care of the tree and a tree
evaluation.
C. Preliminary Plat/Large Scale
Development/Site Plans. Rare and landmark
trees (including those within 100 feet of a site)
shall be shown on all preliminary plats, large
scale developments, or site plans. The
Landscape Administrator or his/her duly
authorized representative may visit the site to
determine the accuracy of identification.
D. Approval. Prior to removal or
pruning of any registered landmark and/or rare
tree, approval shall be received from the
Landscape Administrator, who may seek
review and recommendation from the Tree
and Landscape Advisory Committee.
(Code 1991, §162.10; Ord. No. 3699, § 10, 4-
20-93; Ord. No. 3901, § 1, 7-5-95; Ord. No.
3963, §6, 4-16-96)
§167.05 TREE PROTECTION IN NEW
SUBDIVISIONS, LARGE SCALE
DEVELOPMENTS, COMMERCIAL
DEVELOPMENTS AND ON GRADING
PERMIT REQUESTS LARGER THAN
ONE (1 ACRE).
A. Development Design. Proposed
development should be designed to maximize
the preservation of rare and landmark trees.
Where rare and landmark trees exist, flexible
approaches such as adjustments to lot layout,
placement of buildings and paved surfaces and
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location of utilities should be pursued in order
to save them.
B. Preservation Plan.
1. When Required.
a. Preliminary Plat/
Site Plan. In proposed subdivisions and
large scale developments, a tree preservation
plan shall be submitted and approved by the
Planning Commission as a portion of the
preliminary plat or site plan. The tree
preservation plan shall be reviewed, and
recommendations shall be made to the
Planning Commission by the Landscape
Administrator. For commercial
developments, a tree preservation plan shall
be submitted with the Building Permit for
approval by the Landscape Administrator.
There shall be no land disturbance or tree
removal until the tree preservation plan has
been approved.
b. Grading Permit. A
tree preservation plan shall be submitted with
all grading permit applications on parcels
larger than one (1) acre. There shall be no
land disturbance, grading or tree removal until
the tree preservation plan has been approved.
2. Landscape Design
Manual. The plan shall be submitted in
compliance with instructions set forth in the
City of Fayetteville Landscape Design
Manual.
3. Site Inspection. A
preliminary site inspection followed by
periodic inspections will be conducted by the
Landscape Administrator to ensure
compliance with the Tree Preservation Plan.
4. Tree Preservation Area
Designated. Tree preservation areas,
including all landmark and rare trees, existing
trees located within the rights -of -way,
easement areas, or on other public grounds, or
trees preserved for the required canopy shall
be designated in the tree preservation plan and
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shall be protected during land development as
designated in the City of Fayetteville
Landscape Design Manual.
5. Tree Preservation. Tree
preservation area during development:
a. Designation. All
landmark and rare trees or those trees
designated for preservation shall be identified
and protected before any construction activity.
b. Protection. Tree
preservation areas shall be protected from
construction activity to prevent impingement
of construction vehicles, materials, spoils and
equipment into the tree preservation area. A
barrier must be adequately constructed and
maintained on the site along the tree dripline
or ten feet from the trunk, whichever is
greater. If tree preservation areas are not
adequately maintained and protected during
construction, the Landscape Administrator
shall prescribe remedial measures. All
remedial measures shall be completed within
the specified amount of time and shall be
considered at the final plat approval or
certificate of occupancy.
c. Excavation. No
filling, excavating or storage of materials,
debris, or equipment shall take place within
the tree dripline as shown in the tree
preservation plan.
6. Removal. No landmark or
rare tree shall be removed from land to be
developed unless the Landscape
Administrator, who may seek consideration
and recommendation from the Tree and
Landscape Advisory Committee, determines
there is no reasonable way the property can be
otherwise developed, improved, or properly
maintained and the tree saved.
7. Significant to Site. The
saving of a rare or landmark tree or a tree
shown to be significant to the site shall be
considered upon application for any variance
under Chapter 156 of the UDO.
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C. Canopy Area. In all new sub-
divisions, large scale developments, and
commercial developments, trees shall be
preserved as outlined below under the percent
minimum canopy:
1. Canopy Area Required.
The square foot percentage of "canopy area
required" for preservation in new development
is based on the total area of the property. The
percent minimum canopy requirement shall
not require the planting of trees to achieve the
minimum unless trees were previously
removed.
ZONING
PERCENT
DESIGNATIONS
MINIMUM
CANOPY
RE Residential
25
Estate
RA Residential
25
Acre
RL Residential
20
Large Lot
RS Residential
20
Small Lot
R-1 Low Density
25
Residential
R-1.5 Moderate
20
Density Residential
R-2 Medium
20
Density Residential
R-3 High Density
20
Residential
R -O Residential
20
Office
C-1 Neighborhood
20
Commercial
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C-2 Thoroughfare
15
Commercial
C-3 Central
15
Business
C-4 Downtown
10
Commercial
I-1 Light Industrial
15
and Heavy
Commercial
I-2 Heavy
15
Industrial
P-1 Institutional
25
D. Prior Tree Removal. The
percentage minimum canopy shall be
determined upon the tree canopy existing prior
to tree removal. If trees have been removed
below the minimum percent canopy within
five (5) years of application for development
approval, the replacement canopy requirement
shall be increased by ten (10) percent of total
canopy.
E. Replacement Canopy.
1. Like or Similar Species.
In the event a tree cannot be preserved as
required, tree replacements, to be determined
by the Landscape Administrator, may be
required in lieu of the tree designated for
preservation. Tree replacements should be of
like or similar species in terms of size and
ultimate canopy. Standards, specifications
and guidelines are provided in the City of
Fayetteville Landscape Manual.
2. Canopy. The chart below
is to be utilized to give a general
quantification of the canopy for each general
tree type. Examples of specific trees are listed
in the City of Fayetteville's Landscape Design
Manual.
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GENERAL TREE
ULTIMATE
TYPE
CANOPY (Sq. Ft.)
Large Shade Tree
800
or Major Street
Tree
Medium Street
500
Tree and Most
Conifers
Small Flowering
300
Trees
(Code 1991, §162.11; Ord. No. 3699, §11,4-
20-93; Ord. No. 3925, §8, 10-3-95; Ord. No.
3901, §1, 7-5-95; Ord. No. 3963, §7, 4-16-96;
Ord. No. 4008, §1, 12-17-96)
§167.06 TREE PLANTING,
MAINTENANCE AND REMOVAL ON
STREET RIGHTS -OF -WAY AND
OTHER PUBLIC GROUNDS.
A. Follow Landscape Manual. All
tree planting, maintenance and removal on
public grounds shall follow the standards,
specifications and guidelines provided in the
City of Fayetteville Landscape Manual, which
shall be reviewed periodically by the Tree and
Landscape Advisory Committee.
B. Tree Planting. Trees may be
planted within street rights -of -way or on other
public grounds only after notification to the
Landscape Administrator; and, providing the
selection and location of said trees is in
accordance with the guidelines of this chapter.
C. Tree Removal. Trees shall not be
removed from a street right-of-way or other
public grounds unless approval is received
from the Landscape Administrator.
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D. Damage to Trees. It shall be a
violation of this chapter to damage, destroy or
mutilate any tree in a public right-of-way or
on other public grounds, or attach or place any
rope or wire (other than one to support a
young or broken tree), sign, poster, handbill or
any other thing to any such tree.
E. Top or Cutback to Stubs. It shall
be unlawful for any person to top or cut back
to stubs the crown of any tree in street rights -
of -way or on other public grounds.
F. Maintenance. The City shall have
the right to prune, maintain and remove any
tree within the street rights -of -way, alleys,
squares, and all public grounds when such
interferes with the proper spread of light along
the street from a street light, or interferes with
visibility of any traffic control device or sign.
G. Line of Sight. Trees shall not be
planted to conceal a fire hydrant from the
street or impede the line of sight on any street.
H. Storm Damage. Trees severely
damaged by storms or other causes where
required pruning practices are impractical may
be exempted from this chapter.
I. City Employees. City employees
performing tree work on public grounds shall
attend an educational workshop on basic tree
science and the proper techniques of tree
pruning. A certificate will be issued when an
individual has successfully completed the
workshop.
(Code 1991, §162.07; Ord. No. 3699, §6, 4-
20-93; Ord. No. 3901, §1, 7-5-95; Ord. No.
3963, §5, 4-16-96)
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§167.07 SUCCESSORS IN INTEREST.
Successors in interest of any person who as a
developer of a subdivision (except single-
family homeowners), large scale development,
commercial development, or conditional uses
in other zones which are commercial in nature
which have been subject to the requirements
of this chapter shall abide by the requirements
and conditions to which such developer of a
subdivision (except single-family home
owners), large-scale development, commercial
development, or conditional uses in other
zones which are commercial in nature was
subject, including compliance with the tree
preservation plan.
(Code 1991, §162.13; Ord. No. 3699, §14, 4-
20-93)
Cross Reference: Definitions, Chapter 152;
Administration, Chapter 152; Appeals,
Chapter 155; Enforcement, Chapter 153;
Conflicts, §150.13.
§167.08 LANDSCAPING. The City shall
have the right to plant, reserve, prune,
maintain and remove trees within all street
rights -of -way, alleys, squares and other public
grounds, as may be necessary to preserve or
enhance the symmetry and beauty of such
public grounds. Standards, specifications and
guidelines are provided in the City of
Fayetteville Landscape Manual.
(Code 1991, §162.06; Ord. No. 3699, §6, 4-
20-93; Ord. No. 3963, §4, 4-16-96)
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CHAPTER 168:
FLOOD DAMAGE PREVENTION CODE
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§168.01 ADOPTION BY REFERENCE;
'MAPS.
A. The Flood Damage Prevention
Code on file in the office of the City Clerk is
hereby adopted by reference and made a part
' of this code as if set out in full herein. Three
copies of such code shall be maintained on file
in the office of the City Clerk.
B. The Flood Insurance Study for the
City of Fayetteville, Arkansas, dated
September 29, 1989, with accompanying
Flood Insurance Rate Map is hereby adopted
by reference thereto as if set out fully herein.
Three copies of said map shall be maintained
in the office of the City Clerk.
(Code 1991, §153.01; Code 1965, §6-94; Ord.
No. 2018, 6-4-74; Ord. No. 2412, 2-7-78; Ord.
No. 2764, 10-20-81; Ord. No. 3251, 3-17-87;
Ord. No. 3888, §1,4-18-95)
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' [DIVIDER 6: PHYSICAL ALTERATION OF LAND]
CHAPTER 169:
§169.01
§169.02
§ 169.03
§ 169.04
§169.05
§ 169.06
§ 169.07
' § 169.08
§ 169.09
§169.10
§169.11
' §169.12
§ 169.13
§169.14
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Physical Alteration of Land
Intent
General Requirements
Permits Required/Exceptions
Minimal Erosion Control
Requirements
One -Time Approvals
Land Alterations Guidelines
Grading Plan Specifications
Grading Plan Submittal
Minor Modifications
Approval
Discovery of Historic Resources
Certificate of Occupancy
Owner Responsibility
Appendix
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CHAPTER 169:
PHYSICAL ALTERATION OF LAND
§169.01 INTENT.
A. It is the City's intent to safeguard
the health, welfare and safety of Fayetteville
citizens by implementing standards and
procedure for the physical alteration of land.
It is not the City's intent to supersede Federal
or State regulations such as, but not limited to,
the Occupational Health & Safety Act.
B. The purpose of this chapter is to
control excessive grading, clearing, filling,
and cutting (or similar activities) which or in
combination cause landslides, flooding,
excessive run-off, degradation of water
quality, erosion and sedimentation in storm
sewer systems and water storage basins.
(Code 1991, §161.01; Ord. No. 3551, 6-4-91)
§169.02 GENERAL REQUIREMENTS.
A. Protection. Persons engaged in
land alteration activities regulated by this
chapter shall take measures to protect public
and private properties from damage by such
activities.
B. Site Conditions. Development
shall conform to the natural contours of the
land, natural drainage ways, and other existing
site conditions.
C. Adjacent Properties. All
developments shall be constructed and
maintained so that adjacent properties are not
unreasonably burdened with surface waters as
a result of such development. More
specifically, new development may not
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unreasonably impede water runoff from higher
properties nor may it unreasonably channel
water onto lower properties.
D. Restoration. Land shall be
revegetated and restored as close as practically
possible to its original condition so far as
runoff and erosion are concerned.
(Code 1991, §161.02; Ord. No. 3551, 6-4-91)
§169.03 PERMITS REQUIRED/
EXCEPTIONS.
A. Permit Required. No grading,
filling, excavation or land alteration of any
kind shall take place without a grading permit.
B. Exceptions. Exceptions to this
rule are as follows:
1. Excavation Below Finish
Grade. Excavations below finished grade for
basements, footings, swimming pools, hot
tubs, septic systems, retaining walls, and like
structures authorized by a valid building
permit.
2. Cemetery Graves.
Cemetery graves.
3. Refuse Disposal. Refuse
disposal sites controlled by other regulations.
4. Single Family/Duplex.
Construction of one single family residence or
duplex.
5. Previous Platted
Subdivision. Previously platted single-
family subdivisions for which preliminary plat
approval was given prior to June 4, 1991.
6. One -Half Acre Sites. Sites
of up to one-half acre shall be exempt
UNLESS:
a. Slope. The cut or
fill is greater than five feet in depth and results
in a slope greater than five horizontal to one
vertical; or
b. Cut/Fill. More than
100 cubic yards of material are cut or filled.
7. Building Additions.
Building additions of less than 1,000 square
feet where associated land alteration activities
are not beyond the scope of what is necessary
to construct said addition.
8. Floodplain/20% Slope.
The following shall require a grading permit
without exception: developmental activities
within a 100 year floodplain or on a 20% or
greater slope and any excavation site from
which fill will be exported or imported.
9. Grading Plan Approval.
No grading permit shall be issued until the
grading plan, endorsed by a registered
architect, landscape architect, or engineer, is
approved by the City Engineer. A separate
permit shall be required for each site; it may
cover both excavations and fills.
(Code 1991; §161.03; Ord. No. 3551, 6-4-91)
§169.04 MINIMAL EROSION
CONTROL REQUIREMENTS. If exempt
under §169.03, a grading permit is not
required. However, exempt as well as
nonexempt activities shall be subject to the
following minimal erosion and sedimentation
control measures:
A. Natural Vegetation. The
potential for soil loss shall be minimized by
retaining natural vegetation wherever
possible.
B. Stabilization. All graded and
otherwise disturbed areas shall be stabilized
within 15 days after each stage of final grade
is established. Stabilization methods such as
baled straw, filter fabric, ditch checks,
diversion ditches, brush barriers, sediment
basins, matting, mulches, grasses and ground
cover shall be used.
C. Intermittent/Perennial Streams.
No intermittent or perennial stream, including
a 25 foot perimeter strip measured from the
top of the bank, shall be graded, developed,
channeled or physically altered UNLESS
adequate guarantees are made for erosion and
sedimentation control. Likewise, cuts or fills
shall be set back sufficiently from intermittent
and perennial streams and other storm water
drainage systems to guarantee that there will
be no damage from erosion or sedimentation.
D. Excavation Material. Excavation
material shall not be deposited in or so near
streams and other storm water drainage
systems that it may be washed downstream by
high water or runoff.
E. Fording Streams. Fording of
streams with construction equipment or other
activities which destabilize stream banks shall
not be permitted.
F. Removal of Mud/Dirt From
Public Street. Any debris, soil or mud from
development sites reaching a public street
shall be immediately removed.
(Code 1991, §161.04; Ord. No. 3551, 6-4-91;
Ord. No. 3947, §1, 2-6-96)
§169.05 ONE-TIME APPROVALS.
A. Utilities. Public and private utility
organizations may obtain a one-time approval
from the City Engineer for all routine
underground electric, water, sewer, natural
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gas, telephone or cable facilities. The approval
will include a utility organization and its
contractors, agents, or assigns and will be
permanent in nature as long as the original
approved procedures are followed.
B. Stockpiling Materials. One-time
approval may be obtained by public or private
entities for the stockpiling of fill material,
rock, sand, gravel, aggregate or clay at
particular locations, subject to Zoning,
Chapters 160-165.
(Code 1991, §161.05; Ord. No. 3551, 6-4-91)
§169.06 LAND ALTERATION
GUIDELINES.
A. Excavation and Grading
Manual. Grading plans shall follow the
Excavation and Grading Manual and shall be
evaluated by the City Engineer on the basis of
the minimal erosion control requirements of
§169.04, considerations in C., D., E. and F.
below; and approval criteria set forth in
§169.10.
B. City Engineer. On -site soil types
plus existing and planned slopes and existing
and planned vegetation shall influence the
degree to which more lenient or more
stringent guidelines are required by the City
Engineer.
C. Cut or Fill Slopes.
1. Finish Grade. Cut or fill
slopes shall have a finish grade no steeper
than 33% (3.00 horizontal to 1 vertical),
UNLESS thoroughly stabilized by retaining
walls, cribbing, terraces, vegetation or other
means approved by the City Engineer.
2. Existing Topography. Cut
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or fill slopes shall be constructed to eliminate
sharp angles of intersection with the existing
terrain and shall be rounded and contoured to
blend with the existing topography.
3. Setback Guidelines. The
following setback guidelines shall be
reviewed by the City Engineer for purposes of
assessing safety, stability, and drainage
problems:
a. Top or Toe of Cut.
Buildings shall be set back from the top or toe
of a cut or fill in accordance with Zoning,
Chapter 160-165, Building Regulations,
Chapter 173, or the approved grading plan,
whichever is greatest.
b. Property Bound-
aries. Cut or fill slopes shall be set back from
property boundaries as described by the
minimum guidelines.
c. Public Rights -of -
Way. Cuts adjacent to public rights -of -way
shall be set back a minimum of 25 feet,
excluding driveways or access roads.
D. Cuts.
1. Vertical Height. Cuts shall
be limited to 15 feet in vertical height,
UNLESS information demonstrating slope
stability, erosion control and drainage control
is provided together with a revegetation plan.
Terraces shall be required for cut and fill
slopes greater than 15 feet in height. It is
recommended that terracing be at a maximum
ratio of one foot of horizontal terrace for every
foot of vertical surface.
2. Fill Material. In no case
shall a cut be allowed primarily for the
purpose of obtaining fill material to a different
site, UNLESS the exporting site is located
within an extraction district.
E. Fills.
1. Rocks/Fill. All imported
fill shall be free of rocks greater than 12
inches in diameter and any detrimental
organic material or refuse debris.
2. Compaction. Fill shall be
placed and compacted as to minimize sliding
or erosion of soil. Fill compaction shall equal
the compaction of undisturbed, adjacent soil,
except fills covered by Building Regulations,
Chapter 173, or other structural fills. The City
Engineer may require soil tests during
compaction work or upon its completion at the
expense of the permittee.
3. Grade. Fill shall not be
placed on existing slope with a grade steeper
than 20% (5 horizontal to I vertical) UNLESS
keyed into steps in the existing grade and then
thoroughly stabilized by mechanical
compaction.
F. Erosion and Sedimentation
Control.
1. Permanentlmprovements.
Permanent improvements such as streets,
storm sewers, curb and gutters and other
features for control of runoff shall be
scheduled coincidental to removing vegetative
cover from the area so that large areas are not
left exposed beyond the capacity of temporary
control measures.
2. Top Soil. Top soil shall be
stockpiled and protected for later use on areas
requiring landscaping. If top soil or other soil
is to be stockpiled for more than 30 days, a
temporary cover of annual rye or other
suitable grass shall be planted.
3. Existing Vegetation.
Every means shall be taken to conserve and
protect existing vegetation.
4. Revegetation. Revegetation
shall be required to meet the following
performance standards:
a. 0 to 10% existing
grade: Revegetation shall be a minimum of
seeding and mulching. Said seeding shall
provide complete and uniform coverage that
minimizes erosion and run-off in no more than
two growing seasons.
b. 10% to 25%
existing grade: Revegetation shall be a
minimum of hydroseeding with mulch and
fertilizer, staked sod and/or ground cover.
Said plantings shall provide complete and
uniform coverage in no more than two
growing seasons.
c. 25% to 33% finish
grade: The slope shall be covered with
landscape fabric and planted with ground
cover (as per the performance standards in b.
above) or covered with rip -rap. If rip -rap is
used, the slope's stability and erodibility must
be equivalent to or better than its
predevelopment state.
d. More than 33%
finish grade: Any finish grade over 33%
requires landscape fabric and stabilization as
described in § 169.06 C.1.
5. Plant/Water. Plant
materials shall be watered or irrigated and
tended. Where irrigation or regular watering is
not available, only native or acclimated plant
species shall be used. If the soil cannot
properly sustain vegetation, it must be
appropriately amended. If revegetation is not
firmly established and healthy after one year,
the Landscape Administrator shall require that
it be redone in part or total.
6. Plant/Terrace Bench.
Plant materials shall be planted along terrace
benches, (See: §169.01). Said plantings shall
be spaced as necessary to thoroughly stabilize
the terrace bench. The remainder of the
terraced slope shall be revegetated and
stabilized according to F.4. above.
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7. Permanent Erosion
Control. The developer shall incorporate
' permanent erosion control features at the
earliest practical time. Temporary erosion
control measures will be used to correct
conditions that develop during construction
that were unforeseen during the design stage,
that are needed prior to installation of
' permanent erosion control features, or that are
needed temporarily to control erosion that
develops during normal construction projects,
' but are not associated with permanent control
features on the project.
8. Allowable Soil Loss.
' Allowable soil loss shall not exceed the "T"
factor, which is a component of the universal
soil loss equation.
' (Code 1991, §161.07; Ord. No. 3551, 6-4-91)
§169.07 GRADING PLAN SPECIFI-
CATIONS.
A. Grading Plan. The applicant shall
prepare a grading plan as follows:
1. Site Plan. Site plan at a
scale no smaller than one inch equals 50 feet,
showing property lines; vicinity map; name of
owner, developer and adjacent property
owners.
2. Existing Grades. Existing
grades shall be shown with dashed line
contours and proposed grades with solid line
contours. Contour intervals shall be a
maximum of two feet. Spot elevations shall be
indicated.
3. Designation of Grade.
Areas with 0 to 15%, 15% to 25%, 25% to
33%, and 33%+ grade shall each be identified
in a distinguishing manner.
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4. Identify Land to be
Disturbed. Land areas to be disturbed
(graded, cut, filled or cleared) shall be clearly
identified.
5. Engineer/Architect. Seal
of a registered engineer, architect, or
landscape architect certifying that the plan
complies with this chapter.
6. Cuts and Fills. All cuts
and fills, including height and slope, shall be
clearly shown on the plan.
7. Streets and Rights -of -
Way. Location and names of all existing or
platted streets or rights -of -way within or
adjacent to tract and location of all utilities
and easements within or adjacent to the
property shall all be indicated.
8. Lot/Building, Etc.
Identification. The proposed location of lots,
buildings, streets, parking lots and parks,
playgrounds or greenspace shall be indicated.
Also to be indicated is any existing or
proposed building within 100 feet of the site.
9. Soil Type. Soil types shall
be identified according to the unified soil
classification system.
10. Natural Features.
Location of natural features such as drainage
ways, ponds, rock outcroppings, and tree
cover. Indication of 100 year floodplains as
defined by FEMA.
11. Streets and Drainage
Ways. Profiles and cross sections for
proposed streets and drainage ways.
12. Acreage/Zoning. Total
acreage and zoning classification.
13. Surface Water.
Provisions for collecting and discharging
surface water.
14. Underground Utilities.
Profiles and cross sections of streets; drainage
systems; and underground utilities, water and
sewer.
15. Treatment of Slopes and
Benches. The method of treatment for all
slopes and benches shall be indicated.
B. Preliminary Grade Plan. The
preliminary grading plan shall include all the
above items except 5., 7., 11., 13. and 14.
above.
The following additional required
information may be reported in text rather
than shown on the grading plan:
1. Time Schedule. A time
schedule indicating the anticipated starting
and completion dates of the development
sequence and time of exposure of each area
prior to stabilization measures.
2. Description/Fill
Material/Compaction. Description of
quantity (in cubic yards), source, and
composition of imported fill material and
compaction specifications. Also, note the
quantity (in cubic yards) and destination of
excavation materials to be removed from the
site.
3. Natural Vegetation
Preservation. Proposals for preserving
natural vegetation and description of
revegetation or other permanent erosion
control strategy.
4. Runoff/Sedimentation.
Specification of measures to control runoff
and sedimentation during construction
indicating what will be used such as straw
bales, silt dams, brush check dams, lateral
hillside ditches, catch basins, and the like.
5. Dust. Where excessive
dust may become a problem, a plan for
spraying water on heavily traveled dirt areas
shall be addressed.
6. Soils Engineering Study.
The City Engineer may require a soils
engineering study or soil loss calculations if
site conditions so warrant.
(Code 1991, §161.08; Ord. No. 3551, 6-4-91)
§169.08 GRADING PLAN SUBMITTAL.
A. Preliminary Grading Plan. A
preliminary grading plan shall be submitted at
the time of preliminary plat submission for
subdivisions or plat submission for large scale
development, whichever is applicable.
B. Final Grading Plan. No
subdivision may be finalized nor large scale
development plat approved before a final
grading plan has been submitted to the City
Engineer and approved.
C. In cases where neither subdivision
plat nor LSD plat is applicable, proof of
notification of adjacent property owners and
grading plan must be submitted
simultaneously with the application for a
grading permit.
Cross Reference: Notification and Public
Hearings, Chapter 157.
(Code 1991, §161.09; Ord. No. 3551, 6-4-91)
§169.09 MINOR MODIFICATIONS.
Finish grades shall be allowed no more than a
0.1 foot tolerance from the grading plan.
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However, the City Engineer may authorize in
writing minor modifications so long as they
do not alter the direction of run-off and
otherwise comply with the intent of this
chapter. When applicable, major
modifications must be brought before the
Subdivision Committee for their approval.
(Code 1991, §161.12; Ord. No. 3551, 6-4-91)
§169.10 APPROVAL. In evaluating a
grading plan for approval or denial, the City
Engineer must determine that the following
questions have been affirmatively resolved.
A. Has the developer followed the
land alteration guidelines as set out in this
chapter?
B. Where there are deviations from
these guidelines has the developer offered
alternative solutions which adequately resolve
potential problems of erosion, flooding,
sedimentation, and safety?
C. Has the developer complied with
the intent of this chapter?
D. Is the developer making sufficient
guarantees that the land will be developed in
accordance to the grading plan?
When a proposed development is
questionable in terms of any of the above, the
City Engineer shall either deny the plan or
make approval contingent upon further
assurances and guarantees. Final decision of
the City Engineer shall be made within 15
days of submittal of a grading plan. All
applications for which Planning Commission
approval is required shall be scheduled for the
next available meeting after the 15 day review
period.
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(Code 1991, §161.10; Ord. No. 3551, 6-4-91)
§169.11 DISCOVERY OF HISTORIC
RESOURCES. Whenever, during the
conduct of grading any historical, pre-
historical, or paleontological materials are
discovered, grading shall cease and the City
Engineer shall be notified.
(Code 1991, §161.21; Ord. No. 3551, 6-4-91)
§169.12 CERTIFICATE OF
OCCUPANCY. All revegetation and grading
plan improvements shall be in place before a
certificate of occupancy shall be issued.
When a property owner has finished building
construction but has yet to install plant
material, said owner may apply for a
temporary certificate of occupancy. In
evaluating whether or not to grant a temporary
certificate of occupancy, the City Planner
shall consider weather conditions and
temporary stabilization measures.
(Code 1991, §161.15; Ord. No. 3551, 6-4-91)
§169.13 OWNER RESPONSIBILITY.
The property owner shall be responsible both
for his or her employees and for all
contractors and subcontractors from the onset
of development until the property is fully
stabilized. If property is transferred anytime
between the onset of development and at the
time it is fully stabilized, all responsibility and
liability for meeting the terms of this chapter
shall be likewise transferred to the new
property owner.
(Code 1991, §161.16; Ord. No. 3551, 6-4-91)
§169.14 APPENDIX. Figure A. contains
the specifications for setbacks in accordance
with § 169.06.
(Code 1991, §161.24; Ord. No. 3551. 6-4-91)
See: Figure A.
Cross Reference: Enforcement, Chapter 153;
Notification and Public Hearings, Chapter
157; Bonds and Guarantees. Chapter 158;
General Provisions, §150; Administration,
Chapter 152; Appeals, Chapter 155; Fees,
Chapter 159; Definitions, Chapter 151.
GRADING SETBACKS
FIGURE A
WILDING 7LTIACK3: Norc: sc AXIED aOI NG scT -
YCKS NAT K *QV. ST ZONING
OROINANCt.
D
�1I_._FACt OF FOOTING
MR PJT N® NOT
Nil !UT NEED NOT (XC[ED.100 MAX
EXCEED 15 RET
PROPERTY LINE OR PERMIT AREA SETBACKS:
7 LJNC OR
IKEA •OIJNOARY
!U DcTWL 6ELOW
�ICliiff_
tts''� hl!IIan1
N�tS aLaU
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[DIVIDER 7: STORMWATER MANAGEMENT,
'DRAINAGE AND EROSION CONTROL]
CHAPTER 170: Stormwater Management,
Drainage and Erosion Control
§170.01 Intent
' § 170.02 Adoption of Drainage Criteria
Manual
§ 170.03 Permit Required
§ 170.04 Permit Conditions
§ 170.05 Permit Application
§ 170.06 Submission, Review, and
Approval of Plans
§ 170.07 Performance Criteria
§ 170.08 Maintenance Responsibility
§ 170.09 Processing
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CHAPTER 170:
STORM WATER MANAGEMENT,
DRAINAGE AND EROSION CONTROL
§170.01 INTENT.
A. Intent. It is the intent of this
chapter to protect, maintain, and enhance the
health, safety, and general welfare of the
citizens of the City of Fayetteville by:
1. Preventing increases in the
magnitude and frequency of stormwater runoff
to prevent increases in flood flows and
associated hazards and costs.
2. Controlling soil erosion and
sedimentation to minimize soil deposition in
streams and other receiving water bodies and
storm drainage systems.
3. Requiring surface and
stormwater management practices that comply
with the requirements of this chapter.
4. Promoting the development
of stormwater facilities that are aesthetically
desirable.
B. Findings of Fact. The City
Council finds that uncontrolled stormwater
runoff from developed land adversely affects
the public health, safety, and welfare because:
1. Impervious Surfaces/
Runoff. Impervious surfaces increase the
quantity and velocity of surface runoff, which
reduces percolation of water through soil and
increases erosion and flooding.
2. Collection and
Conveyance of Stormwater. Improper
stormwater collection and conveyance
adversely affects property and increases the
incidence and severity of flooding, which can
endanger property and human life.
3. Erosion. Increased erosion
leads to sedimentation in stormwater
management systems, which decreases the
systems' capacity.
4. Future Problems. Many
future problems can be avoided if land is
developed in accordance with sound
stormwater runoff management practices.
(Code 1991, §163.01; Ord. No. 3895, §1, 6-
20-95)
§170.02 ADOPTION OF DRAINAGE
CRITERIA MANUAL. The City Council
hereby adopts by reference the Drainage
Criteria Manual, prepared for the City of
Fayetteville and adopted by Ordinance No.
3895 of the City of Fayetteville, and as may
be amended from time to time. All technical
procedures and design standards contained
therein shall have the same force and effect as
if printed word for word in this chapter.
(Code 1991; §163.03; Ord. No. 3895, §1,6-
20-95)
§170.03 PERMITS REQUIRED.
A. Applicability. This chapter shall
apply to all land within the corporate limits of
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the City of Fayetteville and the Fayetteville
planning area, no person may subdivide and
develop, change to a more intensive land use,
construct or reconstruct a structure, or change
the size of a structure, except as hereinafter
exempted, without first obtaining a
stormwater management, drainage and erosion
control permit from the City. The City issues
two types of stormwater management,
drainage, and erosion control permits as
identified in the following subsection:
1. Construction Permit.
Construction permit applications for
stormwater management, drainage and erosion
control shall be required prior to initiating any
construction, development, or alteration
activities, and shall be approved by the City
Engineer.
2. Grading Permit. Grading
permit applications shall be submitted in
accordance with Physical Alteration of Land,
Chapter 169. The grading permit
requirements may be combined into the
stormwater management, drainage and erosion
control permit when determined appropriate
by the City Engineer.
B. Exemptions. All construction
grading, clearing, filling, or remodeling
activities shall have a stormwater
management, drainage, and erosion control
permit approved before a building permit is
issued or subdivision is approved, except for
the following:
1. Single-Family/Duplex.
One single-family or duplex residence, with or
without a second "granny residence" where
allowed, built on one individual lot that is
either a part of a larger subdivision that has
been issued an approved stormwater
management, drainage, and erosion control
permit or an existing platted tract of land. This
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exemption shall not apply to any individual,
family, firm, company or organization
constructing more than one residence, with or
without an additional "granny" house, in a
specific approved subdivision or development
or on a platted tract of land.
2. Commercial/Industrial.
One commercial or industrial structure, or
complex, built on an individual lot that is part
of a larger subdivision that has been issued an
approved stormwater, drainage, and erosion
control permit. This exemption shall not apply
to any individual, family, firm, company or
organization constructing more than one
building, or complex, on an individual lot
within an approved subdivision.
3. Existing Commercial/
Industrial. Existing commercial or industrial
structure where additional structural
improvements are less than 500 square feet.
4. Maintenance. Maintenance
activity that does not change or affect the
quality, rate, volume, or location of
stormwater flows on the site, or runoff from
the site.
5. Agriculture. Bona fide
agricultural pursuits for which a soil
conservation plan has been approved by the
local soil and water conservation district.
6. Emergency. Action taken
under emergency conditions either to prevent
imminent harm or danger to persons or to
protect property from imminent danger of fire,
violent storms, or other hazards.
C. Status of Previous Approvals.
Projects with unexpired permits approved and
all preliminary plats approved by the City
Engineer prior to June 20, 1995, shall meet
only the requirements in effect when the
permit was approved.
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§170.04 PERMIT CONDITIONS. Each
' permit issued shall be subject to the following
conditions.
(Code 1991, §163.04; Ord. No. 3895, §1, 6-
20-95)
A. Area. The development, including
associated construction, shall be conducted
only within the area specified in the approved
permit.
B. Execution. Activities requiring a
stormwater management, drainage, and
erosion control permit shall not commence
until the construction permit is approved. The
approved construction permit shall be on file
with the City and a copy on file with the
contractor for review and inspection upon
request.
C. Inspections. A schedule of
inspections to be carried out during the
construction phase of permitting shall be
established as conditions to the permit.
D. Duration.
1. Unless revoked or otherwise
modified, the duration of a construction
permit issued pursuant to this chapter shall be
one year.
2. If the permitted project
discharge structure is not completed prior to
expiration, the construction permit duration
can be extended to cover the project duration,
subject to approval of the City Engineer.
E. Maintenance. Maintenance
activities, as specified in the approved
maintenance plan, shall be executed routinely,
with scheduled reporting to the City Engineer.
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F. Modifications. If the activity
authorized by the permit is not completed
according to the approved schedule and permit
conditions, the City Engineer shall be notified.
For revisions resulting in a schedule extension
of more than 30 days, or if deviations from the
permit conditions are expected to occur,
approval of a permit modification is required
by the City Engineer.
G. Transfer. No transfer, assign-
ment, or sale of the rights granted by virtue of
an approved permit shall be made without
prior written approval from the City Engineer.
H. Special. Any additional special
conditions, as deemed appropriate by the City
Engineer, shall be established to address
specific project needs or circumstances.
(Code 1991, §163.05; Ord. No. 3895, §1, 6-
20-95)
§170.05 PERMIT APPLICATION. A
stormwater management, drainage, and
erosion control permit application shall be
submitted to the City Engineer using
appropriate forms as provided by the City. A
permit application shall contain sufficient
information and plans to allow the City
Engineer to determine whether the project
complies with the requirements of this
chapter. The specific items to be submitted for
a permit application shall be in the form and
follow the procedures as described in the
Drainage Criteria Manual, Section I, Drainage
Report Checklist. Submittal information and
plans shall include, but not be limited to the
following:
A. Applicant Identification.
Applicant information, including the name,
address, and telephone number of the owner
and developer, and proof of ownership of the
property to be permitted. In addition, the legal
description of the property shall be provided,
and its location with reference to such
landmarks as major waterbodies.
B. Plan. Stormwater management,
drainage and erosion control plan, shall
include but not be limited to the following:
1. Aerial Photograph. Aerial
photograph, if available, of the project
vicinity, covering the project area and the total
lands that contribute runoff.
2. Topographic Map. Topo-
graphic map of the project area showing the
location and elevation of benchmarks,
including at least one benchmark for each
control structure.
3. Land Use Map. Land use
map showing both current and proposed
conditions for the drainage area that
contributes runoff.
4. Soils and Vegetation Map.
Soils and vegetation map displaying the most
recent U.S. Soil Conservation Service
information and encompassing both the
project area and the drainage area that
contributes runoff.
5. Grading, Drainage,
Paving, Building Drawings. Proposed
grading, drainage, paving, and building
drawing(s) showing details of proposed
grading, drainage, paving, and buildings.
6. Erosion and Sediment
Drawings. Erosion and sediment control
drawing(s) and specifications identifying the
type, location, and schedule for implementing
erosion and sediment control measures,
including appropriate provisions for
maintenance and disposition of temporary
measures.
nical report,
professional
assumptions,
used for deft
performance
chapter.
7. Technical Report. Tech -
prepared by a registered
engineer, describing the
calculations, and procedures
miming compliance with the
criteria established by this
8. Maintenance Report.
Maintenance report (text and drawings),
prepared by a registered professional engineer,
describing the activities and schedule required
to operate and maintain the permitted facilities
until accepted by the City.
(Code 1991, §163.06; Ord. No. 3895, §1, 6-
20-95)
§170.06 SUBMISSION, REVIEW, AND
APPROVAL OF PLANS.
A. General. The stormwater
management, drainage, and erosion control
plans shall be prepared by the engineer of
record, who is a licensed professional engineer
of the State of Arkansas.
B. Pre -Preliminary Drainage Plan
and Review. A pre -preliminary stormwater
management, drainage, and erosion control
plan review with the engineering staff is
suggested before platting, replats, lot -splits,
building permits, and/or development
improvements begin for the purpose of overall
general drainage concept review.
C. Preliminary Stormwater and
Drainage Plan. Preliminary stormwater
management, drainage, and erosion control
plans and accompanying information as
described in the Drainage Criteria Manual
shall be submitted at the time of the
preliminary plat, replat, lot -split, building
permit and/or development improvements are
submitted. If needed, a review meeting will be
scheduled by the City Engineer with
representatives of the developer, including the
engineer, to review the overall concepts
included in the preliminary stormwater
management, drainage, and erosion control
plan. The purpose of this review shall be to
jointly agree upon an overall stormwater
management concept for the proposed
development and to review criteria and design
parameters that shall apply to final design of
the project.
D. Final Stormwater Management,
Drainage, and Erosion Control Plan.
Following the preliminary stormwater
management, drainage, and erosion control
plan review, the final stormwater
management, drainage, and erosion control
plan shall be prepared for each phase of the
proposed project as each phase is developed.
The final plan shall constitute a refinement of
the concepts approved in the preliminary
stormwater, drainage, and erosion control
plan, with preparation and submittal of
detailed information as required in the
drainage criteria manual. This plan shall be
submitted at the time construction drawings
are submitted for approval.
E. Review and Approval of Final
Stormwater Management, Drainage, and
Erosion Control Plans. Final stormwater
management, drainage, and erosion control
plans shall be reviewed by the City Engineer.
If it is determined according to present
engineering practice that the proposed
development will provide control of
stormwater runoff in accordance with the
purposes, design criteria, and performance
standards of these regulations and will not be
detrimental to the public health, safety, and
general welfare, the City Engineer shall
approve the plan or conditionally approve the
plan, setting forth the conditions thereof.
F. Offsite Improvements. If it is
determined that offsite drainage improvements
are required, and that such specific offsite
drainage improvements are consistent with the
City's current and established priorities, then
cost sharing will be in accordance with
"Required Off -Site Improvements". If the
City is unable, or unwilling, to contribute its
share of the offsite costs, the developer shall
have the option of:
1. Developer's Expense.
Building the offsite improvements at his own
expense;
2. Detention. Providing
detention so as to match downstream
capacities; or
3. Delay Project. Delaying
the project until the City is able, or willing, to
share in the offsite costs.
(Code 1991, §163.07; Ord. No. 3895, § 1, 6-
20-95)
§170.07 PERFORMANCE CRITERIA.
A. Stormwater Management,
Drainage, and Erosion Control Plan.
Stormwater management, drainage, and
erosion control plans shall be prepared in
accordance with performance standards that
have been structured to achieve the purposes
and objectives of this chapter as well as to
ensure that the quality and quantity of runoff
after development is not substantially altered
from pre -development conditions.
B. Performance Criteria. Except as
otherwise provided in this chapter, a
development must be designed, constructed,
operated, and maintained to comply with the
following performance criteria:
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1. Flood Damage Prevention
Code. Provisions for floodplain management
criteria shall be consistent with those
contained in Chapter 168: The Flood Damage
Prevention Code.
2. Peak Discharge. The post -
development peak rate of surface discharge
must not exceed the existing discharge for the
100 -year, 24 -hour storm, the 10 -year, 24 -hour
storm, and the 2 -year, 24 -hour storm, unless
other discharge limits are deemed applicable
for a specific site by the City Engineer.
3. Erosion and Channel
Stability. All stormwater management
systems shall be evaluated based on their
ability to prevent erosion and sedimentation of
the receiving waters and adverse impacts on
the site's natural systems. The design engineer
shall consider the on -site and downstream
effects of the peak discharges and shall design
both the permanent and the construction phase
of the stormwater management system in a
manner that will not increase flooding,
channel instability, or erosion downstream
when considered in aggregate with other
developed properties and downstream
drainage capacities.
4. Drainage into Wetlands.
Areas defined as "wetlands" by the
appropriate federal agencies shall be protected
from adverse changes in runoff quantity and
quality from associated land development.
5. Drainage Criteria
Manual. The technical procedures and
design standards contained in the Drainage
Criteria Manual, prepared for the City of
Fayetteville and adopted by this chapter and
as may be amended from time to time, shall be
used for guidance to determine compliance
with the performance criteria established by
this chapter.
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(Code 1991, §163.08; Ord. No. 3895, § 1, 6-
20-95)
§170.08 MAINTENANCE RESPONSI-
BILITY.
A. Dedication. Those stormwater
management systems approved in compliance
with this chapter that will function as an
integral part of the system maintained by the
City shall be dedicated to the City. All areas
and/or structures to be dedicated to the City
must be dedicated by plat or separate
instrument and accepted by formal letter from
the City Engineer.
B. Approved Entities. All
stormwater management systems accepted as
dedications by the City shall be maintained by
the City. Maintenance of all other stormwater
management systems approved in compliance
with this chapter shall be accomplished by the
legal entity responsible for maintenance,
which may include an approved entity as
identified in the following; all systems not
dedicated to the City shall have adequate
easements to permit the City to inspect and, if
necessary, to take corrective action should the
responsible entity fail to properly maintain the
system.
1. Local Government. A
county, municipality, municipal service taxing
unit, special district, or other appropriate
governmental unit.
2. Special District. An active
water control district, a drainage district, or a
special assessment district.
3. State or Federal Agency
An appropriate State or Federal agency.
4. Public Utility. An officially
franchised, licensed, or approved
communication, water, sewer, electrical,
stormwater, or other public utility.
5. Developer or Property
Owner. A developer or property owner who
provides a bond or other assurance of
continued financial capability to operate and
maintain stormwater management systems and
who executes a legal maintenance agreement
with the City.
6. Property Owner
Association. Property owner associations able
to comply with the following provisions:
a. The association
provides a binding legal instrument through
which it assumes full responsibility for
stormwater management system operation and
maintenance.
b. The association has
sufficient powers to operate and maintain the
system, establish rules, assess members,
contract for services, exist perpetually, and, if
dissolved, to provide alternative operation and
maintenance services.
c. The association can
provide a bond or other assurance of financial
capability to operate and maintain the system.
C. Inspections. As part of the
construction -permit approval process, a
construction inspection schedule shall be
established to address critical project
milestones. Under the approved inspection
schedule, no work shall proceed until the City
Engineer inspects and authorizes work to
proceed beyond each scheduled milestone.
Any portion of the work that does not comply
with the permit conditions shall be specified
in writing by the City Engineer and promptly
corrected by the responsible entity. For
approved entities maintaining stormwater
management systems not dedicated to the
City, periodic inspections by the City to
ensure continued maintenance of the
stormwater management system after
construction is complete will be established as
conditions to the operation of the stormwater
management system.
(Code 1991, §163.09; Ord. No. 3895, § 1, 6-
20-95)
Cross Reference: Fees, Chapter 159; Bonds
and Guarantees, Chapter 158; Appeals,
Chapter 155; Enforcement, Chapter 153;
Variances, Chapter 156.
§170.09 PROCESSING. Procedure for
processing of permit applications shall be as
follows:
A. Application.Stormwatermanage-
ment, drainage and erosion control permit
applications shall be submitted to the City for
review, processing and approval. Applicants
may schedule a pre -application conference
with the City to discuss a proposed project
before submitting the application.
B. Fee. A nonrefundable permit
application fee shall be paid when the
application is submitted to help cover the cost
of the plan review, administration and
management of the permitting process and
inspection of project implementation and
operation.
C. Issuance. If the City Engineer
determines that the permit application
submittal is in compliance with all provisions
of this chapter, a permit may be issued. If the
City Engineer determines that the permit
submittal does not conform with all provisions
of this chapter, permit issuance shall be denied
and a written statement as to the reasons for
the denial shall be provided to the applicant.
(Code 1991, §163.10; Ord. No. 3895, §1, 6-20-95)
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[DIVIDER 8: STREETS AND SIDEWALKS]
CHAPTER 171: Streets and Sidewalks
§171.01 Miscellaneous Provisions
§ 171.02 Intersection
§171.03 Street Improvements
§171.04 Crosswalks to be Accessible to
Physically Disabled
§171.05 Procedure for Closing Utility
Easements and Street Rights -of -
Way
§171.06 Occupation of Streets and
Highways by Public Utilities
§ 171.07 Maintenance and Construction
Policies
§ 171.08 Order of City Council or Permit
Required
§ 171.09 Application for Permit
§171.10 Standards for Issuance of Permit;
Expiration and Removal
§171.11 Inspection of Work; Replacement
of Rejected Work
§ 171.12 Property Owner to Construct
Sidewalk Upon Receipt of Notice
§171.13 Sidewalk and Driveway
Specifications
§171.14 Excavations
§ 171.15 Street Improvement Districts
CHAPTER 171:
STREETS AND SIDEWALKS
§171.01 MISCELLANEOUS PRO-
VISIONS.
A. Rules and Regulations Govern-
ing Street Improvements. The City
Engineer is hereby authorized to prepare such
rules and regulations in connection with the
standardization of the design, construction,
and maintenance of street and alley paving,
including driveways, sidewalks, storm sewers,
culverts and bridges, material, and
construction methods, including approvals of
all such work, and for other matters and things
in connection with the construction and
maintenance of such work, which lie within
the jurisdiction of the City , as to him shall
seem proper, necessary, or expedient. Upon
the preparation of such rules and regulations,
they shall be submitted to the City Council
and upon approval by the City Council, either
by motion or resolution, such rules and
regulations shall govern the design,
construction, and maintenance of street
improvements as stated in this section. Such
rules and regulations, when approved by the
City Council, shall have the same force and
effect as law and violations thereof shall be
punished as provided in Chapter 153.
(Code 1991, §98.01; Code 1965, §18-1, Ord.
No. 1262, 5-8-61)
run in a north and south direction through the
corporate limits of the City, shall be
designated as "avenues". This section shall not
be construed so as to prohibit the use of such
descriptive names as "boulevard", "drive",
"road", "way", "trail", and the like which
might be used indiscriminately as a
designation of the thoroughfare, and this
section shall in no way be deemed applicable
to any alleys or alleyways.
(Code 1991, §98.02; Code 1965, §18-2; Ord.
No. 1026, 6-23-52)
C. Retaining Walls Near Sidewalk
or Right -of -Way.
1. Permit. It shall be unlawful
for any person to construct any retaining wall
within two feet of the inside of any sidewalk
in the City or, if there is no sidewalk, within
two feet of the platted line of the city right-of-
way, without first obtaining a permit to do so
from the mayor or other official designated by
the mayor.
2. Established Line. In all
cases where a permit is required under the
terms of this section, the City Engineer shall
establish the line upon which the retaining
wall is to be built.
Cross Reference: Enforcement, Chapter 153. (Code 1991, §98.06;
Code
1965,
§18-7; Ord.
No. 845, 5-6-40;
Ord. No.
2623,
4-15-80)
B. Designation as Streets or
Avenues. All thoroughfares now or hereafter
platted, which run in an east and west
direction through the corporate limits of the
City , shall be designated as "streets", and all
thoroughfares now or hereafter platted, which
§171.02 INTERSECTIONS.
A. Streets shall be planned and
designed to provide a safe system for present
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and prospective traffic and shall be approved
by the Traffic Superintendent.
B. Proposed streets shall be planned
in such a manner as to provide safe access to
proposed lots.
C. Design standards:
Ordinary Hilly
Approach
25 mph
20 mph
Sight distance
90 feet
70 feet
Grades w/i 100 ft
Flat
4%
Minimum angle
75%
75%
Minimum curb radius:
Minor streets
30 feet
30 feet
Collector streets
50 feet
50 feet
Minimum jogs:
Minor streets
150 feet
150 feet
Collector streets
200 feet
200 feet
(Code 1991, §159.50; Code 1965, App. C.,
Art. IV, §E; Ord. No. 2196, 2-17-76)
§171.03 STREET IMPROVEMENTS.
A. When commercial, industrial or
multi -family development takes place along
any street which is not constructed according
to the City's existing standards, the developer
shall:
1. Dedicate sufficient right-of-
way to bring the street into conformance with
the right-of-way requirements of the City 's
Master Street Plan, provided, the City
Council may vary the right-of-way dedication
requirement imposed hereby in the event of
undue hardship;
2. Install street paving, curbs,
gutters and sidewalks necessary to bring the
street into conformity with all existing city
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standards. The developer shall be required to
bear that portion of the costs of said
improvements which bears a rational nexus to
the needs created by the development.
B. The requirements of this section
shall not apply where the development will
not increase the amount of vehicular traffic on
the abutting street.
(Code 1991, §159.55; Code 1965, App. C.,
Art. IV; §J; Ord. No. 2935, 8-2-83; Ord. No.
3302, 10-20-87)
§171.04 CROSSWALKS TO BE
ACCESSIBLE TO PHYSICALLY
DISABLED. At all pedestrian crosswalks
on collector and arterial streets, in commercial
zones, and on those streets financed by federal
funds throughout the City, adequate and
reasonable access for the safe and convenient
movement of physically handicapped persons,
including those in wheelchairs, across curbs
constructed or replaced on or after the
effective date of this section shall be provided.
(Code 1991, §98.12; Code 1965, §18-14; Ord.
No. 2267, 8-17-76)
§171.05 PROCEDURE FOR CLOSING
UTILITY EASEMENTS AND STREET
RIGHTS -OF -WAY. The procedure for
closing of streets and alleys shall hereafter be
as follows:
A. Information to City Clerk.
Petitioners shall present to the City Clerk in
duplicate the following information before
processing shall begin:
1. Petition/Plat. Petition to
close and vacate street or alley, including a
certified or photostated copy of the plat on
record in the Circuit Clerk's office.
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2. Abstractor's Certificate.
Abstractor's certificate of ownership.
3. Utilities Comments.
Comments from owners or agents of all utility
companies concerning streets or alleys to be
closed and its relationship to existing or
planned utilities with recommendations as to
what action should be taken.
Cross Reference: Fees, Chapter 159.
B. Information to City Planner/
Planning Commission. One copy of the
above shall be presented by the City Clerk to
the City Planner who shall submit same for
review and recommendation to the Planning
Commission.
C. Recommendation to City
Council. The recommendation of the
Planning Commission shall be forwarded to
the City Council.
D. Record with Circuit Clerk. If an
ordinance is adopted closing or vacating the
street or alley, it shall be published and
reported in the Circuit Clerk's office.
(Code 1991, §98.13; Code 1965, §18-15;
Ord. No. 1685, 7-7-69; Ord. No. 1898, 1-16-
73; Ord. No. 3925, §1, 10-3-95)
Cross Reference: Notifications and Public
Hearings, Chapter 157.
§171.06 OCCUPATION OF STREETS
AND HIGHWAYS BY PUBLIC
UTILITIES.
Conditions. Any public utility, as
defined by State law, which occupies the
streets, highways or other public places of the
City under a franchise granted by the City or
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the State shall occupy said streets, highways
or other public places subject to the following
terms and conditions:
A. Written Approval. A public
utility shall not erect or place any facility
more than seven feet inside the right-of-way
line for any street without the prior written
approval of the Mayor who shall grant such
approval only if he determines that the facility
will not impair or obstruct present or future
vehicular and pedestrian traffic.
B. Relocation. Whenever public
utility facilities which are located within a
public right-of-way must be relocated in order
not to impair or obstruct vehicular or
pedestrian traffic on any new or existing
street, highway, road or sidewalk, the public
utility shall be required to relocate its facilities
within a reasonable time from receipt of
written notice from the mayor, and shall bear
its own relocation costs; provided, where any
project is funded with Federal or State funds
and said funds are received by the City for the
purpose of reimbursing utility relocation
expenses, the utility shall receive such
reimbursement. This division shall not be
construed as requiring a utility to relocate its
facilities within or from a private easement
without payment of just compensation.
C. Policies. The following policies
approved by Arkansas State Highway
Commission Minute Order 70-300 shall apply
to the accommodation and adjustment of
utilities on street and alley rights -of -way
within the City:
1. General Criteria:
a. Underground
Utility Construction. Underground utility
construction shall conform to all applicable
codes, standards, and specifications.
b. Depth. The depth
of bury for new or replacement utility
installations shall be established by the utility
on the basis of engineering and safety factors
for the area, and in keeping with the degree of
hazard or protection required for the line
involved; provided, however, that the normal
minimum depth of bury on all cross lines shall
be 2 '/2 feet below the low points of roadway
cross section, or 3 '/2 feet below the bottom of
surfacing (top of subgrade), whichever gives
the greater depth; and the normal minimum
depth of bury on all parallel (longitudinal)
lines shall be two feet.
c. Above Ground
Appurtenances. Pedestals or other
aboveground utility appurtenances shall be
located at or near the right-of-way line, well
outside of the street maintenance operation
area.
d. City Engineer
Approval. All proposed locations and utility
designs shall be reviewed and subject to
approval by the City Engineer to ensure that
the proposed construction will not cause
avoidable interference with existing or
planned street facilities, or with street
operation or maintenance. The procedure for
submitting plans and information to the City
Engineer for approval shall be developed and
agreed upon by each utility and the City
Engineer.
e. Expansion of
Under -ground Utilities. On both cased and
uncased installations, particularly on crossings
installed in advance of new street
construction, consideration should be given by
the utility for placing a spare conduit or duct
to accommodate known or planned expansion
of underground lines.
f. Underground
Installations. The controls for pipelines as
apply to encasements, conduits,
appurtenances, installations, trenched and
untrenched construction, and adjustments
shall be followed, as applicable, on
underground installations of electric power
and communication lines.
2. Location and alignment:
a. Crossings.
Crossings should be located as near normal to
the street alignment as practical.
b. Underground
Crossings. Conditions which are generally
unsuitable or undesirable for underground
crossings should be avoided. These include
locations such as in deep cuts; near footings of
bridges and retaining walls; across
intersections at grade or ramp terminals; at
cross drains where flow of water, drift, or
stream bedload may be obstructed; within
basins of an underpass drained by a pump; and
in wet or rocky terrain where it would be
difficult to attain minimum bury.
3. Cased and Uncased
Construction:
a. Without Protective
Conduit. Where acceptable to both the utility
and the City Engineer on minor streets,
underground crossings may be installed
without protective conduit or duct. Normally
such installations should be limited to open -
trenched construction, or to small bores for
pipe, wire or cable facilities where soil
conditions permit installation by boring a hole
about the same diameter as the pipe or cable
and pushing the pipe or pulling the cable
through.
b. Encased in
Protective Conduit. Where crossings of
underground lines are encased in protective
conduit or duct, the encasement shall extend a
suitable distance (minimum where practical
equal to the depth of bury) beyond the slope
or ditch lines. On curbed sections, it should
extend outside the outer curbs. Where
appropriate, the encasement shall extend to
the access control lines, to the outside of
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frontage roads, or to an indicated line that
allows for future widening of the street.
c. Other. Consider-
ation should be given to encasement or other
suitable protection for any pipe, wire or cable
facilities with less than minimum bury, near
the footings of bridges or other street
structures, or near other locations where there
may be hazard.
4. Street Design. When plans
for street improvement and development are
formulated, utility line locations should be
recognized and the street designed so as to
minimize conflict with existing utilities.
(Code 1991,'§98.14; Code 1965, § 18-17.1;
Ord. No. 2850, 8-17-82; Ord. No. 2926, 6-7-
83; Ord. No. 3245, 3-3-87)
§171.07 MAINTENANCE AND
CONSTRUCTION POLICIES. The City's
policies concerning and regarding the
maintenance and construction of streets, curb
and gutter, and sidewalks shall be as follows:
A. Maintenance. The City shall
maintain roadways in the City which have
been accepted by the City as City streets or
which have come under the jurisdiction of the
City by or through annexation.
B. Unpaved Roadways.
1. City Participation. Upon
approval of the City Council, the City may
participate in the paving of streets which do
not meet current subdivision standards for
new street construction. The conditions under
which the City may participate in such
construction are as follows:
a. Connections. The
existing unpaved street must connect to an
existing through (not a dead end) street at each
end.
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b. Length. The seg-
ment of street must be at least 300 feet in
length and connect to an existing paved street
at each end.
c. Width. The City
shall not permit the paving of a street which
cannot be paved to a minimum width of 16
feet wide excluding necessary shoulder width
and borrow ditches.
d. Intent. The intent
of this policy shall apply only to existing
streets which are presently being utilized by
public through traffic and not unopened
dedicated street rights -of -way.
e. Materials. All
necessary materials as required by the Mayor
and City Street Superintendent shall be
furnished by the adjacent property owners or
residents. Materials shall include bankrun
hillside gravel subbase as needed to establish
a consistent grade, six inches of SB-2 base
material, two inches of asphalt cement hot mix
surface course, (grades exceeding 10% shall
require six inches Portland cement concrete
surface course), drainage tile as needed and
cost of concrete structures for drainage
control. Subbase and base material shall be
compacted to a standard proctor density of not
less than 90 percent with a steel wheel roller
of not less than eight tons in weight.
f. City's Cost. The
City shall not incur any costs other than
furnishing necessary labor, equipment and
supervision for any street qualifying under the
above policies. Any laborer not already
employed by the City and any equipment not
already owned by the City shall bepaid for
by adjacent property owners. Concrete
drainage structures shall be 100% property
owners' costs.
g. Property Owner's
Cost. The allocation and financing of
property owners' costs shall be completely
independent from the City.
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2. General Public Benefit.
Council determination of the City's
participation shall be based primarily upon
general public benefit to be derived from the
street construction. This policy is intended to
be used as a means of improving the
movement of cross-town type traffic by
providing more access routes for the general
public, and not as a means of subsidizing
subdivision development.
3. Construction/
Maintenance Schedule. City participation
shall not interfere with the normal, regular
construction schedule and maintenance
schedule of the City 's Street Department as
contained in the annual budget.
C. Paved Roadways.
1. Designation as Paved
Roadway. A roadway shall not be designated
a paved roadway unless it has a Portland
Cement Concrete surface or an asphaltic
concrete surface originally applied in
accordance with the specifications of a public
agency which specifications indicated an
intention of establishing a permanent paved
roadway, regardless of whether the cost of
such paving was borne by the owner of the
abutting property, by public agency, or by
both.
2. Maintenance. Paved
roadways shall be maintained by the City as
such and shall be patched, resurfaced and
rebuilt as needed.
3. Priorities. The following
factors shall be considered in establishing
priorities for roadway resurfacing and
rebuilding:
a. Function. The
function of the street, that is, the streets which
carry or are expected to carry heavy amounts
6
of traffic shall have priority over lesser streets.
b. Condition. The
condition of the pavement. In general,
roadways which are more deteriorated shall
have priority over those streets of lesser
deterioration. However, those streets of lesser
deterioration may have priority when it is
determined that the benefits of resurfacing the
roadways of lesser deterioration may be
greater.
D. Concrete Curbs and Gutters.
Existing concrete curbs and gutters shall be
maintained and replaced by the City .
However, in the case of streets without
concrete curbs and gutters, concrete curbs and
gutters or sidewalks shall be installed when
paved roadways are widened, resurfaced or
rebuilt provided the City Council approves
such improvements. The cost of constructing
such concrete curbs and gutters or sidewalks
shall be assessed against the benefitting
property.
E. Sidewalks.
1. Repair/Replacement.
Existing city sidewalks shall be repaired and
replaced by the City, as needed.
2. Priorities. In establishing
priorities for sidewalk repair or replacement,
the factors to be considered shall include, but
not be limited to, the following:
a. The conditions of
the sidewalk;
b. The expected level
of pedestrian traffic; and,
c. The use of the
sidewalk by school children. '
F. Paving Existing Unpaved/Dirt
Streets. Upon approval of the City Council,
the City may, when federal funds become
available, pave existing streets in low or
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moderate income areas of the City. Such
paving shall consist of normal construction
standards of street construction to include
sidewalks, curb and gutter, pavement surface
of asphalt (concrete where required because of
grades), storm drainage, and subsurface
preparation.
1. Right -of -Way. Location
of houses and other appurtenances may
require that in the interest of economy and for
the more appropriate protection of the
environment an existing right-of-way (ROW)
should be utilized. A right-of-way less than
standard width may be authorized by the City
Council in established sections of the City
where the existing unpaved/dirt street and
ROW do not meet the standard required.
2. Street Design. Existing
conditions in established neighborhoods or
areas of the City may require altering the
standard street design. The street width, use
of curb and gutter, sidewalks, and storm
drainage may be adjusted when necessary to
meet these existing conditions. Any such
adjustment must be approved by the City
Council.
G. Cost Sharing. Owners of rental
property located on streets to be paved with
community development funds will be
expected to share in the cost of construction.
Each landlord is expected to pay 50% of the
cost of paving that portion of the street
passing in front of the landlord's property.
(Code 1991, §98.15; Code 1965, 18-47; Ord.
No. 1725, 1-8-70; Ord. No. 2647, 7-15-80;
Ord. No. 2655, 8-5-80; Ord. No. 2724, 5-19-
81)
§171.08 ORDER OF CITY COUNCIL
OR PERMIT REQUIRED. No person shall
begin to construct, reconstruct, repair, alter or
grade any sidewalk, curb, curb -cut, driveway
or street on the public streets, unless the same
has been properly ordered by the City
Council, or plans for such have been approved
by the City as site improvements for a
subdivision, or a permit has been issued by the
City's official charged with the administration
of this chapter.
(Code 1991, §98.61; Code 1965, §18-25; Ord.
No. 1790, 3-15-71)
Cross Reference: Penalty. §98.99.
§171.09 APPLICATION FOR PERMIT.
An applicant for a permit hereunder shall file
with the city official an application showing:
A. Name and address of the owner, or
agent in charge, of the property abutting the
proposed work area;
B. Name and address of the party
doing the work;
C. Location of the work area;
D. A plan or clear description of the
work to be done;
E. Such other information as the city
official shall find reasonably necessary to the
determination of whether a permit should be
issued hereunder.
(Code 1991, §98.62; Code 1965, §18-26; Ord.
No. 1790, 3-15-71)
§171.10 STANDARDS FOR ISSUANCE
OF PERMIT; EXPIRATION AND
REMOVAL.
A. The city official shall issue a permit
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hereunder when he/she finds:
1. That the plans have been
approved.
2. That the work shall be done
according to the specifications contained
herein.
3. That the operation will not
unreasonably interfere with vehicular and
pedestrian traffic, the demand and necessity
for parking spaces , and the means of ingress
to and egress from the property affected and
adjacent properties.
4. That the health, welfare,
and safety of the public will not be
unreasonably impaired.
B. Any permit issued shall expire
three months from the date of issue and may
be renewed upon application.
(Code 1991, §98.64; Code 1965, §18-29, Ord.
No. 1790, 3-15-71)
§171.11 INSPECTION OF WORK;
REPLACEMENT OF REJECTED
WORK.
A. The city official shall make all
necessary inspections before, during and after
the construction of all sidewalks, curbing and
guttering to insure the work is being done in
accordance with the plans and specifications.
In the event any or part of any work is not
done in a satisfactory manner or not in
conformity with the plans and specifications,
the city official shall notify the contractor and
owner in writing of his non -acceptance of the
work. All such rejected work shall be
removed and replaced within 30 days of this
notification.
F.]
B. Advance notification must be
given the city official for inspections under
this section.
(Code 1991, 98.65;Code 1965, §18-30; Ord.
No. 1790, 3-15-71)
§171.12 PROPERTY OWNER TO
CONSTRUCT SIDEWALK UPON
RECEIPT OF NOTICE.
A. Receipt of Notice. The owner of
any property abutting a public street or
highway for which a sidewalk is shown on the
City's Master Sidewalk Plan shall construct a
sidewalk along said street or highway within
three months from receipt of notice from the
mayor or his designee. Said notice shall be
issued at the time a building permit for the
property is issued.
B. Application of Provisions. The
provisions of this section shall only apply to
the following property:
1. New Structure. On which
a new structure is being built;
2. Existing Residential
Structure. On which an existing residential
structure is being modified so as to increase
the number of dwelling units located therein
or to change the use to a nonresidential use.
3. Parking Lot/Garage. On
which a parking lot or parking garage, having
a minimum capacity of seven automobiles, is
constructed or enlarged
(Code 1991, §98.66; Code 1965, 18-31; Ord.
No. 2653, 8-5-80; Ord. No. 2780, 11-17-81;
Ord. No. 2917, 5-3-83; Ord. No. 3113, 9-3-
85)
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§171.13 SIDEWALK AND DRIVEWAY
SPECIFICATIONS.
A. Sidewalks. (See: Illustration,
Residential Type Sidewalk).
1. Grades; Establishment
of Property Lines. All sidewalks, street
curbing and guttering, and driveway
approaches shall be constructed in grades as
established by the city official. It shall be the
responsibility of the owner to establish
property lines by competent survey at his own
expense.
2. Minimum Width of
Sidewalks. The minimum width of sidewalks
shall follow the guidelines of the Master
Street Plan, of the General Plan.
3. Sidewalk Distances
From the Curb. The sidewalk setback
distance from the curb shall follow the
guidelines of the Master Street Plan, of the
General Plan.
4. Minimum Distance
Between Sidewalk and Slope. There shall be
a minimum of one (1) foot between the
sidewalk and the beginning of a slope as
shown on the typical section detail.
5. Cement -Concrete
Requirement. All sidewalks, street curbing
and guttering, and concrete driveway
approaches shall be constructed of a Portland
Cement Concrete mixture which will produce
a concrete of a compressive strength of 3,000
pounds per square inch after 28 days set under
standard laboratory methods.
6. Minimum Thickness of
Sidewalks and Driveway Approaches. The
minimum thickness of sidewalks shall be four
(4) inches with any fill materials required for
residential or commercial sidewalks consisting
of approved compacted base material. The
minimum thickness of residential driveway
approaches shall be four (4) inches with four
(4) inches of compacted base material or six
inch by six inch 10 gauge reinforcing steel.
The minimum thickness of commercial
driveway approaches shall be six (6) inches
with six (6) inches of compacted base material
or six inch by six inch 10 gauge reinforcing
steel.
7. ADA Guidelines.
Sidewalks shall conform to ADA guidelines.
8. Continuous Through
Driveway. Sidewalks shall be continuous
through driveways with a cold joint or
expansion joint at the edge of the sidewalk
opposite the street.
9. Edge Adjacent to Street.
The sidewalk edge adjacent to the street shall
have at least a one (1) inch deep grooved joint
mark (can be a cold joint) to clearly define the
sidewalk through the driveway and approach.
10. Sidewalk Elevation. The
sidewalk elevation shall be two percent above
the top of the curb, sloping two percent
towards the curb (one-fourth inch in each
foot). This elevation shall be continuous
through the driveway and approach.
11. Slope. Sidewalks that are
to be constructed adjacent to the curb shall be
so located at their intersection with the
approach and the driveway that the ADA
requirement of the two percent maximum
vertical slope is met.
12. Driveway Approach. The
area remaining between the sidewalk and the
flow -line of the gutter, called the approach to
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he driveway, shall slope up to the elevation of
the sidewalk.
13. Joint Material. Wood
shall not be acceptable in sidewalks for
expansion joints. The joint material shall be
the same as approved for AHTD sidewalk
construction (AASHTO M 213).
14. Expansion Joints. Full
depth expansion joints (4 inches) shall be
provided at intervals not greater than 50 feet.
One -quarter depth (1 inch) weakened plane
joints or saw -cut joints shall be placed in
sidewalk at regular intervals not greater than
10 feet apart.
15. Inspection. All sidewalks
and curb cuts made for driveway approaches
require an inspection prior to the concrete
pour.
16. Materials. The material
used for sidewalk construction shall be
Portland Cement Concrete having a broom
finish. The use of other materials must have
the approval of the Sidewalk and Trails
Coordinator.
17. Edges. All sidewalks shall
have one-half inch rolled edges.
18. Removal/Replacement.
Removal and replacement of broken
sidewalks require vertical saw -cuts on both
ends of the sidewalk being replaced.
19. Curing Compound. All
sidewalks and driveway approaches require
the application of a concrete curing compound
or the concrete is to be kept moist for seven
(7) days.
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RESIDENTIAL TYPE SIDEWALK
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B. Driveway Approaches. (See:
Illustration. Standard Driveway Approach
Residential).
1. Curb Removal. Curb, if
existing, shall be removed for full width of the
drive approach.
2. Concrete Removal. All
concrete to be removed shall be saw -cut.
3. Horizontal Curb Cut.
Horizontal curb cutting along the flow -line of
the gutter is allowed.
4. No Horizontal Curb Cut.
If no horizontal curb cut is made, complete
curb and gutter removal is required.
5. Broken Edges of Saw
Cuts. Broken edges of saw -cuts caused by
demolition require a new saw -cut.
6. Width of Driveway
Approaches. The width of commercial
driveway approaches shall not exceed 40 feet
measured at right angles to the center -line of
the driveway approach. The width of
residential driveway approaches shall not
exceed 24 feet measured at right angles to the
center -line of the driveway approach. The
minimum width shall not be less than 10 feet.
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7. Safety Zones. Safety zones
between driveway approaches shall not be less
than the distance designated for distances
between curb cuts in the standards for street
design. On streets of higher use designation
than collector, the standards for collector
streets shall apply. Curbs shall be installed to
prohibit vehicle parking and access in safety
zones. The barrier line nearest the street or
highway shall be on line with existing curbs.
or established curb lines, but not less than 22
feet from the center of the pavement; provided
the city official does not require a greater
distance when needed to preserve the safety
and utility of the street or highway or provide
conformance with proposed street or highway
improvements. The curb cut for a driveway
approach (other than for a single-family
residential lot) shall be located a minimum of
12'/2 feet from the nearest property line; curb
cuts between driveway approaches on single-
family residential lots shall be separated by a
minimum of 10 feet. The curb cut for a
driveway approach on a single-family
residential lot shall be located a minimum of
5 feet from the side property line; provided,
this requirement shall not apply to a joint
driveway (driveway approach providing
access to two adjoining lots), or residential
lots on the turning circle of a cul-de-sac.
8. Safety Zones at
Intersections and Corners. No driveway
approach shall be constructed less than the
distance from the comer of a street or highway
intersection designated in the standards for
street design, provided the city official may
require a greater distance between the comer
and the driveway approach to preserve the
safety of the street or highway; provided
further the City may require the property
owner to designate a driveway approach "for
entrance only" or "for exit only" where more
than one driveway approach provides access
to the property in order to preserve the safety
of the street or highway. On streets of a
higher use designation than collector, the
standards for distances between curb cuts for
collector streets shall apply.
9. Variations. The city
official may grant variations where strict
enforcement would be impractical due to
circumstances unique to the individual
property under consideration.
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SECnON A -A
STANDARD DRIVEWAY APPROACH
RESIDENTIAL
C.
Access
Ramps
(Installation
guidelines).
(See Fig.
11, Fig.
12 & Fig. 13)
1, ADA Requirements.
Access ramps shall conform to ADA
requirements.
2. Sidewalk Intersections.
Access ramps shall be installed at all sidewalk
intersections with the street.
3. Parallel Direction. Access
ramps shall be installed in a direct parallel
direction to the sidewalk.
Note: Therefore, any curb radii will require
two (2) access ramps.
4. Raised Access
Ramp. The raised or built-up access ramp
shall not be installed on public streets without
the approval of the Street Superintendent.
5. Minimum Width.
The minimum width of a curb ramp shall be
36 inches and 48 inches is recommended.
exclusive of flared sides.
6. Slope. The slope of
the ramp shall not be greater than 8.33 percent
(1:12).
7. Slope of Flared
Sides. The slope of the flared sides shall not
be greater than 10 percent (1:10).
8. Broom Finish.
Access ramps shall have a broom finish.
(Code 1991, §98.67; Code 1965, 18-28; Ord.
No. 1790, 3-15-71; Ord. No. 2629, 5-6-80;
Ord. No. 3117, 9-3-85; Ord. No. 4005, §1, 11-
19-96)
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Meuwement of curb Ramp stops
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axutr.wnura
.hirwwsJe�eerdSmISMdt
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skits of cwb Ramps
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Fig. 13
Built -Up Curb Ramp
§171.14 EXCAVATIONS.
A. Permit Required. It shall be
unlawful for any person to make any
excavation in any street, alley, sidewalk, road,
highway or other public way in the City
without first obtaining a permit so to do from
the Mayor or his duly authorized
representative (the "Mayor"). Such permit
shall be granted only after written application
has been filed and the deposit or bond
required by §158.02 has been filed. The fee
for each permit shall be paid in advance.
Provided, however, that utility companies
franchised by the City shall be billed monthly
for all permits granted during the previous
month.
(Code 1991, §98.80;Code 1965, §18-40; Ord.
No. 1829, 10-18-71)
B. Lights and Guards. Every
person making an excavation as provided for
in this chapter shall place and maintain lights
and guards around the same for the protection
of the public. Such lights and guards shall be
subject to the approval of the Mayor.
(Code 1991, §98.82; Code 1965, 18-42; Ord.
No. 1829, 10-18-71)
C. Repairs of Public Property;
Return of Cash Deposit.
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1. Cost. Each person making
an excavation under this chapter shall repair
the street or other public way at his own
expense and under the direction and
supervision of the Mayor.
2. Standards. Repair of the
street or other public way shall be made to the
following standards:
a. Back Fill. All
excavations shall be back -filled with SB-2
material applied in eight inch lifts;
b. Lift. Each lift shall
be individually compacted.
c. Asphaltic Surface
Streets. In the case of Portland Concrete or
asphaltic surface streets, all excavations shall
be resurfaced with six inches of Portland
Concrete.
d. Asphaltic Sealed
Streets/Unpaved Streets. Asphaltic sealed
streets or unpaved streets shall be resurfaced
with a surface similar to that which existed
before excavation.
3. Notice. The pemuttee shall
notify the Mayor, prior to beginning such
repair, of the time and manner of repair and
obtain the approval of the Mayor prior to
beginning of such repair and afford the Mayor
the opportunity of being present during the
progress of such repair until completed.
4. Return of Deposit. When
the repairs required by this section are
completed, approved and paid for, the Mayor
shall authorize the return of any sum
deposited under §171.14 above. In the event
the permit holders shall fail, refuse, or neglect
to make such repairs, the City may repair the
street and deduct the cost therefrom from the
amount on deposit with the City and the
balance of the deposit, if any, shall be paid to
the permit holder.
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(Code 1991, §98.83, Code 1965, §18-42; Ord.
No. 1829, 10-18-71)
D. Street Closings for Excavation
in Excess of 24 Hours.
1. Prohibited Without
Approval of Mayor. It shall be unlawful for
any person to cause a street to be closed for
more than 24 hours due to the making of an
excavation without the prior written approval
of the Mayor. In granting such approval, the
Mayor shall impose time limits and such other
reasonable conditions as are necessary to
minimize any inconvenience or danger to the
public.
2. Exception. This section
shall not apply to emergency repairs.
(Code 1991, §98.84; Code 1965, §18-44; Ord.
No. 2806, 4-20-82)
Cross Reference: Enforcement, Chapter 153;
Penalty, §98.99; Fees, Chapter 159; Bonds
and Guarantees, Chapter 158.
§171.15 STREET IMPROVEMENT
DISTRICTS.
A. Petition to Form Street
Improvement District. Any person desiring
to initiate the formation of a street
improvement district shall file with the City
Clerk a petition requesting the organization of
a street improvement district and signed by
persons claiming to be a majority in value, as
shown by the last county assessment, of the
owners of real property in the proposed
district. Forms of this petition shall be
available to any person at the office of the
City Clerk, and the City Engineer shall assist
in the preparation of said petition by providing
a legal description of the property to be
14
included in the proposed district. Such
petition may limit the cost of the improvement
to either a fixed sum or to a percentage of the
assessed value of the real property in the
proposed district.
(Code 1991, §98.30; Code 1965, §18-18; Ord.
No. 2051, 9-17-74)
B. Notice of public hearing. When
persons claiming to be a majority in value, as
shown by the last county assessment, of the
owners of real property in a proposed street
improvement district file with City Clerk a
petition for the organization of such an
improvement district, it shall be the duty of
the City Clerk to give notice that such
petition will be heard at a meeting of the City
Council to be held more than 15 days after the
filing of such petition. Such notice shall be
published once a week for two weeks, the last
insertion to be not less than seven days before
the date fixed for the hearing. The mayor, if
he sees fit, may call a special meeting of the
Council for the purpose of hearing such
petition, such called meeting to be held not
less than 15 days after the date of the call and
the notice of the hearing thereat to be
published for the time and in the manner
above stated.
(Code 1991; §98.31; Code 1965, §18-19; Ord.
No. 2051, 9-17-74)
C. Hearing on Petition; Ordinance
Establishing District.
1. At the time named in said
notice, the City Council shall meet and hear
all owners of real property within the
proposed district who desire to be heard on the
question of whether a majority in assessed
value of property owners has signed the
petition, and shall make a finding of whether
the petition is signed by a majority in assessed
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value of such property owners. The finding of
the governing body shall be expressed in an
ordinance. If it finds that a majority has
signed the petition, it shall then be its duty by
the same ordinance to establish the district.
The ordinance shall designate the boundaries
of the district and shall also give the district a
name descriptive of the nature of the proposed
improvement and a number to prevent it from
being confused with similar districts.
2. The ordinance shall be
published within 30 days after its adoption for
one insertion in some newspaper published in
the City and the findings of the governing
body shall be conclusive unless attached by a
suit in the Chancery Court brought within 30
days after such publication.
(Code 1991, §98.32; Code 1965, §18-21; Ord.
No. 2051, 9-17-74)
D. Appointment of Board of
Improvement. In the ordinance creating the
district, the City Council shall appoint three
owners of real property therein as
commissioners, who shall compose a Board of
Improvement for the district. Such Board of
Improvement shall have control of the
construction of the improvements in the
district.
(Code 1991, §98.33; Code 1965, §18-21; Ord.
No. 2051, 9-17-74)
E. Plans for Improvement.
Immediately after their qualification, the
Board of Improvement shall form plans for
the improvement as prayed in the petition, and
shall procure estimates of the costs thereof.
For this purpose, the board may employ such
engineers and other agents as may be needful
and may provide for their compensation
which, with all other necessary expenditures,
shall be taken as a part of the cost of the
improvement. If for any cause the
improvement shall not be made, said cost
shall be raised and paid by an ad valorem tax
upon the real property in the district as
assessed for State and County purposes, which
shall be levied by the City Council on the
application of any person interested, and shall
be paid to the Board of Improvement, to be
distributed amongst the creditors of the
district.
(Code 1991, §98.34; Code 1965, §18-22; Ord.
No. 2051, 9-17-74)
F. Appointment of Board of
Assessment. As soon as the Board of
Improvement shall have formed said plan, and
shall have ascertained the cost of the
improvement, it shall report the same to the
City Council who shall appoint three electors
of the City , who shall constitute a Board of
Assessment of the benefits to be received by
each lot or block, or other subdivision of land
within said district, by reason of said proposed
improvement.
(Code 1991, §98.35; Code 1965, §18-22.1;
Ord. No. 2051, 9-17-74)
G. Assessment of Benefits. The
Board of Assessment shall at once proceed to
inscribe in a book to be used for that purpose
the description of each of said lots, blocks, or
parcels of land and shall assess the value of
the benefit to accrue to each of said lots,
blocks, or said parcels of land by reason of
such improvement, which assessment of said
benefits they shall enter upon said book
opposite the description thereof, and they shall
then subscribe said assessment and deposit it
in the office of the City Clerk, where it shall
be kept and preserved as a public record.
Provided, said assessment may be annually
readjusted according to additional
improvements placed upon the lands, when a
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succession of collections is necessary to pay
for the improvements.
(Code 1991, §98.36; Code 1965, §18-22.2;
Ord. No. 2051, 9-17-74)
H. Notice of Filing of Assessment.
Immediately on the filing of said assessments,
the City Clerk shall insert in some newspaper
published in the City , the following notice:
"The assessment of Street
Improvement District No. was filed in
my office on the day of
19 , and the same is now subject to
inspection.
Clerk of the City of Fayetteville, Arkansas."
(Code 1991, §98.37; Code 1965, §18-22.3;
Ord. No. 2051, 9-17-74)
I. Appeal of Assessments to Board
of Directors. Anyone whose real estate is
embraced in said assessment may at any time
within ten days from the giving of said notice
file with the City Clerk in writing his notice
of appeal from the action of said Board of
Assessment in making said assessment of his
property, which appeal shall be heard and
disposed of at the next regular meeting of the
City Council, and on such appeal the matter
shall be heard de novo on such evidence as
may be adduced on either side.
(Code 1991, §98.38; Code 1965, §18-22.4;
Ord. No. 2051, 9-17-74)
J. Finding of City Council. The City
Council shall enter on its minutes the results
of its finding on any such appeal, and shall
cause a copy of its finding to be certified to
said Board of Assessment, which shall make
its assessment conform thereto if any change
has been made therein by said City Council.
(Code 1991, §98.39; Code 1965,§18-22.5;
Ord. No. 2051, 9-17-74)
K. Assessments Payable in Annual
Installments. It shall be provided by
ordinance that the local assessment of benefits
shall be paid in successive annual installments
so that the tax levied in any one year shall not
exceed 25% of the assessed benefits accruing
to real property.
(Code 1991, §98.39; Code 1965,§18-22.6,
Ord. No. 2051, 9-17-74)
L. Publication of Ordinance.
Within 30 days after the passage of the
ordinance mentioned in §C. above, the City
Clerk shall publish a copy of it in some
newspaper published and having a bona fide
circulation in the City for one time. Within
30 days after such publication the district or
any property owner may bring suit in
Chancery Court for the purpose of correcting
or invalidating such assessment; but if such
suit is not brought within the time, all
objections to the creation of the district or the
validity of the assessment shall be forever
barred and precluded.
(Code 1991, §98.41; Code 1965,§18-22.7;
Ord. No. 2051, 9-17-74)
M. Copy of Assessments Delivered
to Collector. Within 40 days after the
passage of the ordinance mentioned in §C.
above, unless the time be extended by the City
Council, the City Clerk shall deliver to -the
County Collector a certified copy of said
assessment of benefits containing a
description of said blocks, lots, and parcels of
land in said district, and the amount assessed
on each, duly extended against each lot, block
or parcel of land, and a certified copy of the
ordinance fixing the percentum to be collected
each year. At the same time the City Clerk
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delivers to the County Collector a certified
copy of the assessment of benefits, and the
certified copy of the ordinance fixing the
percentum to be collected, he shall deliver like
said copies to the County Clerk.
(Code 1991, 98.42; Code 1965,§18-22.8; Ord.
No. 2051, 9-17-74)
N. Annual Financial Report
Required. The commissioners of each street
improvement district shall file an annual
financial report with the City Clerk on or
before the first day of March of each year,
covering the financial affairs of their
respective districts for the preceding year.
Such financial statements shall be certified
and filed as herein provided by the chief
financial officer of each such improvement
district.
(Code 1991, §98.43; Code 1965,§18-22.9;
Ord. No. 2051, 9-17-74)
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CHAPTER 172:
PARKING AND LOADING
§172.01 OFF-STREET PARKING LOT
DESIGN REQUIREMENTS.
A. Purpose. The regulations of this
section are intended to reinforce community
standards and to promote safe and attractive
parking lots for new, redeveloped, and
expanded development within the City. The
size, number, design, landscaping, and
location of parking lots are regulated in order
to:
1. Provide for the safe and
orderly circulation of motor vehicles within
parking lots.
2. Provide safe ingress and
egress to parking lots from public and private
streets.
3. Protect adjoining properties
from the adverse impacts associated with
parking lots such as noise, lighting,
appearance, drainage, and effect on property
values.
4. Provide adequate areas for
off-street parking and storage of motor
vehicles.
5. Enhance the appearance of
parking lots in all zoning districts.
B. Parking Lot Construction
Standards.
1. Permits and Plan. For
parking lots containing five (5) or more
spaces, building and grading permits and site
and grading plans shall be required prior to
any initiation of work.
2. Surfacing. Parking lots
shall be asphalt, semi -permeable soil pavers,
or concrete, graded and drained to dispose of
surface water into appropriate drainage
structures.
3. Barriers. Parking lots shall
be provided with wheel guards or curbs so
located that no part of a parked vehicle will
extend into or over the sidewalks, property
lines, or street right-of-way.
4. Striping and Marking.
Parking lots spaces shall be striped to indicate
the location of the individual spaces,
directional arrows shall be provided at the
entrance of aisles and entry drives, and
accessible spaces shall be marked meeting
current Americans with Disabilities Act
(ADA) requirements. Such striping and
marking shall be in accordance with the
Manual on Uniform Traffic Control Devices.
5. Accessibility.
a. Accessibility for
persons with disabilities in parking lots and
building approaches shall be as required by
the current ADA and as may from time to
time be amended.
b. Location and
minimum stall size of accessible parking
spaces, passenger loading zones, or valet
parking facilities, when provided for public or
governmental buildings and facilities, shall
meet the standards adopted in the ADA.
c. Accessibility
Guidelines (ADAAG) for buildings and
facilities, Appendix A to 28 CFR Part 36 or
the current federal standard.
d. Accessible parking
spaces for persons with disabilities shall be
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identified with signs in accordance with the
ADA of 1990 or the current federal statute.
Curb ramps shall be provided in accordance
with ADA of 1990 wherever an accessible
route crosses a curb in the parking lot.
e. The following table
shall be used to determine the minimum
number of accessible parking spaces to be
provided for persons with disabilities:
Total Parking
Spaces
in Lot or Garage
Minimum Number of
Accessible Spaces
1--25
1
26--50
2
51--75
3
76--100 f
4
101--150
5
151--200
6
201--300
7
301--400
8
401--500
9
501-1000
2% of total spaces
Over 1000
20 spaces + I space for
each 100 spaces over
1000
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f. Facilities providing
medical care and other services for persons
with mobility impairments shall provide
accessible parking spaces as follows:
(1). Outpatient
units and facilities shall provide a minimum of
10% of the total number of parking spaces
provided serving each such outpatient unit or
facility, but in no event shall less than one
such parking space be provided.
(2). Units and
facilities that specialize in treatment or
services for persons with mobility
impairments shall provide 20% of the total
number of parking spaces provided serving
each such unit or facility, but in no event shall
less than one such parking space be provided.
g. Multifamily
dwellings containing four or more dwelling
units shall provide accessible parking spaces
as follows:
(1). Accessible
parking shall be provided which meets the
provisions in the Final Housing Accessibility
Guidelines, 24 CFR, Chapter 1, Subchapter A,
Appendix II, of the Fair Housing Act of 1968,
as amended, or the current federal standard.
(2). Designated
accessible parking shall be provided for at
least 2% of the dwelling units and at facilities
such as swimming pools and clubhouses that
serve accessible buildings. Additional
designated accessible parking shall be
provided on request of residents with
disabilities, on the same terms and with the
full range of choices that are provided for
other residents of the development.
(3). Accessible
visitor parking that provides sufficient access
to grade level entrances of multifamily
dwellings is also required.
C. Parking jot design standards.
1. Maneuvering. Parking lots
shall be designated, maintained and regulated
so that no parking or maneuvering incidental
to parking will encroach into the areas
designated for sidewalks, streets, or required
landscaping except as provided for in §F.I.b.
Parking lots shall be designed so that parking
and unparking can occur without moving
other vehicles. Vehicles shall exit the parking
lot in a forward motion.
2. Compact Spaces. A
maximum of 35% of the total spaces may be
compact spaces. Compact spaces shall be
marked either by marking on the pavement or
by separate marker.
S
Cvp upm �U iw� veto v
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Porollel Pork;ng
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Angled Forking
3. TABLE 1. DIMENSIONAL REQUIREMENTS:
Angle
(A)
Type
Width
(B)
(In
Feet)
Curb
Length
(C)
(In
Feet)
I Way
Aisle
Width
(D)
(In
Feet)
2 Way
Aisle
Width
(D)
(In
Feet)
Stall
Depth
(E)
(In
Feet)
0°
Standard
8
22.5
12
24
8
Parallel
Compact
7.5
19.5
12
24
7.5
30°
Standard
9
18
12
24
17
Compact
7.5
15
12
24
14
45O
Standard
9
12.5
12
24
19
Compact
7.5
10.5
12
24
16
600
Standard
9
10.5
18
24
20
Compact
7.5
8.5
15
24
16.5
900
Standard
9
9
24
24
19
Compact
7.5
7.5
22
24
15
4. Illumination of Parking
areas. Parking areas may be illuminated. All
lighting shall be: shielded and directed away
from adjoining properties; attached to on -site
buildings or fences where possible; and shall
-4-
not be excessively bright or cause a glare that
would be hazardous to pedestrians or vehicles.
Only high pressure sodium lighting or energy
equivalent are allowed.
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5. Parking Lot Entrances.
a. Throat Length. The
length of driveways or "throat length" shall be
designed in accordance with the anticipated
storage length for vehicles to prevent them
from backing into the flow of traffic on the
public street or causing unsafe conflicts with
on -site circulation. General standards appear
below, but these requirements may vary
according to the projected volume of the
individual driveway. These measures
generally are acceptable for the principal
access to a property and are not intended for
minor driveways. Variation from these
standards may be permitted for good cause
upon approval of the City Planner and City
Engineer.
TABLE 2:
GENERALLY ADEQUATE
DRIVEWAY THROAT LENGTHS
Shopping Centers
>200,000
200 ft.
GLA*
(Signalized)
(800) spaces
Smaller
≥200,000
75--95
Developments
GLA*
ft.
(Signalized)
Unsignalized
40--60
driveways
*GLA-Gross leasable area
Commentary: The throat lengths in Table 2
are provided to assure adequate stacking space
within parking lot driveways for general land
use intensities. This helps prevent vehicles
from stacking into the thoroughfare as they
attempt to enter the parking lot. High traffic
generators, such as large shopping plazas,
need much greater throat length than smaller
developments or those with unsignalized
driveways. The guidelines here for larger
developments refer to the primary access
drive. Reduced throat lengths may be
permitted for secondary access drives serving
large developments.
�g 1 I j13 /s
1 h 'InsuFF,clent
Throat Length
O
5
I nsuif,cent dr.vewov tnroat lenntn
confuses drivers and can ,npede the
novenent of ootn ex;tang and entering
vehicles.
Pr;orlty Should bP
given to Inbound
troffic
o®
hm
tof theFc
soew7)Jk' — TKrL en pth
Len th
With adequate throuot length. the
chance of evitng vehicles WocI ing
through novenents ,s greatly d,n,n,shed.
Priority should always be given to
inbound traffic. Note that this s,dewolk
Crosses the drlvewov at its rtlmnun
exposure. however, nost peclestrl6ns
would probably not yolk the extra
distance.
b. Entrances and
internal aisle design. The driveway width
into parking lots shall meet the following
guidelines:
(1). Entrances.
(a). If the
driveway is a one -way -in or one -way-out
drive, then the aisle widths shall be 12 feet
wide.
(b). For
two-way access, each lane shall be 12 feet
wide and a maximum of four lanes shall be
allowed. Whenever more than two lanes are
proposed, entrance and exit lanes shall be
divided by a curbed, raised, landscaped
median. The median shall be ten feet wide if
three lanes are being proposed or 15 feet wide
if four lanes are proposed.
(c). Drive-
ways that enter the major thoroughfare at
traffic signals must have at least two outbound
lanes (one for each turning direction) and shall
be 12 feet wide, and one inbound lane 12 feet
wide.
(2). Internal
Circulation Drives.
(a). Aisles
shall be designed so that they intersect at 90
degrees with internal drives where practicable.
(b). Aisles
shall be designed to discourage cut -through
traffic by use of landscape islands.
D. Standards for the Number of
Spaces, by Use.
1. Off -Street Parking.
Except as provided in a. and b. below, off-
street parking spaces shall conform to the
requirement in Table 3. below. Parking
requirements shall be met at the time any
building or structure is erected, enlarged, or
increased in capacity, changed in use, or any
outdoor use is established or enlarged.
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a. In C-3 and C-4
zoning districts, parking requirements are
waived for any existing structure with a
change of use. New construction, razed
buildings or enlarged buildings shall conform
to the parking requirements of the City of
Fayetteville. For enlarged buildings,
additional parking spaces will be calculated by
the amount of square footage that is added.
b. In C-3 and C-4
zoning districts, parking requirements are
waived for the square footage "footprint" of
any building which existed and has been
removed since October 1, 1995, in order to
rebuild.
2. Maximum Number
Allowed. Parking lots may contain up to 20%
more spaces than the required minimum. Any
additional spaces above 20% shall be allowed
only as a conditional use and shall be granted
in accordance with Chapter 163, governing
applications of conditional uses; procedures,
and upon the finding that additional spaces are
needed.
Table 3. PARKING RATIOS
(Use/ Required Spaces)
Residential
Single-family,
2 per dwelling unit
duplex, triplex
Multifamily or
1 per bedroom
townhouse
Commercial
Auditorium
Barber or beauty
shop
Eating places:
excluding drive-
throughs and
restaurants offering
entertainment
Hotels and motels
Amusement
Retail
Coin -operated
laundry
Regional antique
and furniture store
Restaurants with
entertainment
Hospital and
convalescent home
1 per 4 seats
2 per chair
1 per 200 square
feet of floor area
1 per room, plus I
additional space per
employee
1 per 200 square
feet of floor area
I per 250 square
feet of floor area
I per 3 machines
1 per 500 square
feet of floor area
1 per 3 occupants
based on current
adopted Standard
Building Code,
City of Fayetteville
1 per bed
Gas service stations 4 per each enclosed
service bay
Commercial 1 per 1000 square
recreation -large feet of site area
sites
-7-
Office
Professional office
I per 300 square
feet of gross floor
area
Sales office
1 per 200 square
feet of gross floor
area
Public and Institutional Uses,
Nonprofit Commercial.
Auditorium
I per 4 seats,
provided only
auditorium space is
counted in
determining
parking
Art gallery, library,
I per 1000 square
museum
feet of floor area
Child care center,
I per 1500 square
nursery school
feet of floor area,
plus an area for
overflow parking
Church
I per 4 seats in the
main auditorium,
plus an area for
overflow parking or
I per 40 square
feet, whichever is
less
College or
I per 500 square
university
feet of classroom
area
College dormitory
I per sleeping room
College auditorium
I per 4 seats
Community center
I per 3 seats
Detention home
I per 1500 square
feet of floor area
I
Government
1 per 500 square
facilities
feet of floor area
Hospital
1 per bed
Convalescent home
I per bed
School -elementary
I per 1200 square
and junior high
feet of classroom
area
School -senior high
1 per 500 square
feet of classroom
area
Zoo
1 per 2000 square
feet of land area
All other public
1 per 4 occupants
and institutional
uses
(only auditorium
space shall be
counted for
churches,
auditoriums, or
group occupancy
space)
Manufacturing/Industrial
Manufacturing
1 per 1200 square
feet of gross floor
area or one per
employee,
whichever is
greater
Heavy industrial
1 per 1200 square
feet of floor area
Extractive uses
Adequate for all
employees, trucks,
and equipment
-8-
Recreational Uses
Golf course
3 per hole
Park
2 per acre
Playfield,
none
playground
Private club or
1 per 500 square
lodge
feet of floor area or
1 per 3 occupants
based on the
current adopted
Standard Building
Code whichever is
greater
Riding stables
1 per acre: not
required to be
paved
Golf driving range
1 per tee box
Bowling alley
6 per lane
Tennis court
2 per court
Theater
1 per 4 seats
Commercial
1 per 1000 square
recreation -large
feet of site area
sites
Commercial
1 space per 200
recreation
square feet of floor
area
Amusement park,
1 per 1000 square
miniature golf
feet of site area
Dance hall
I per 100 square
feet of floor area
All other
1 per 4 occupants
recreational uses
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Warehousing and Wholesale
Warehousing
1 per 2000 square
feet of floor area
Wholesale
1 per 1000 square
feet of floor area
Center for
1 per 1000 square
collecting recycled
feet of floor area
materials
E. Parking Lot Location Standards.
The location of all required and nonrequired
parking lots with five or more spaces shall
meet the location requirements below. All
conditional uses hereunder shall be granted by
the Planning Commission in accordance with
Chapter 163, governing applications of
conditional uses; procedures.
1. Permitted Locations by
Right. Parking lots shall be located within the
same zoning district as the use they serve.
Required parking lots for uses allowed by
right within a zoning district are allowed as a
use by right in the same zoning district.
2. Permitted Locations as a
Conditional Use.
a. Parking lots located
within residential zones which serve uses in
nonresidential zones may be allowed as a
conditional use by the Planning Commission.
b. Parking lots for uses
allowed as conditional uses within residential
zones must also be approved as a conditional
use. A conditional use for a parking lot may
be approved at the same time the use is
approved or may be approved separately if
additional parking lots are developed later.
The Planning Commission shall make
a finding based upon the size, scale, and
location of these activities that the proposed
parking lot will not adversely affect adjacent
residential uses or the residential character of
the neighborhood.
Cross Reference: Use Conditions, Chapter
163.
3. Off -Site Locations. If off-
street parking cannot be provided on the same
lot as the principal use due to existing
buildings or the shape of the parcel, parking
lots may be located on other property not
more than 600 feet distant from the principal
use, subject to conditional use approval by the
Planning Commission.
4. Shared Parking. Formal
arrangements which share parking between
intermittent uses with nonconflicting parking
demands (e.g. a church and a bank) are
encouraged as a means to reduce the amount
of parking required. Such arrangements are
subject to the approval of the Planning
Commission. Individual spaces identified on
a site plan for shared users shall not be shared
by more than one user at the same time.
5. Intermittent Parking.
Uses which generate only intermittent demand
for parking, such as churches, may count
available on -street parking within 600 feet of
the building as part of required parking,
subject to the approval of the Planning
Commission.
F. Parking Lot Landscaping
Requirements.
1. General Requirements:
a. Separation of
Landscaped Areas and Vehicles. All
landscaped areas shall be protected from
potential damage by vehicles by placing
concrete curbs or wheel barriers adjacent to
the landscaped area except as provided in
§F.1.b.
-9-
b. Vehicle Overhang.
A portion of a standard parking space may be
landscaped instead of paved to meet part of
the landscaping requirement. The landscaped
area may be up to two feet of the front of the
space as measured from a line parallel to the
direction of the bumper of the vehicle using
the space. Landscaping may only be ground
cover plants in the overhang area.
c. Maintenance. The
current owner of the property shall be
responsible for the maintenance of all required
landscaped areas.
d. Timing and Size of
Plant Material. Landscaping shall be
provided within 90 days from the date the
certificate of occupancy is issued subject to
limits of weather. If landscaping is not
installed within 90 days, the owner shall post
bond to assure the installation of landscaping.
Landscaping shall reach the required
screening height within three years from
planting. Landscaping that dies or is damaged
shall be removed and replaced by the current
owner of the property. The owner shall have
30 days from the receipt of written notice
issued by the City of Fayetteville to remove
and replace any required landscaping that dies
or is damaged.
2. Interior Landscaping
Requirements.
a. Amount of
Landscaping. Parking lots containing ten or
more vehicles shall be landscaped utilizing
one of the following options:
(1). Option 1.
One tree with a 1 V2 inch DBH at the time of
planting shall be provided for every ten
parking spaces. The tree planting area shall
have a minimum of 25 square feet of open
area (permeable surface) per tree.
(2). Option 2.
Interior landscaping shall be provided at the
rate of ten square feet per stall and one tree
per 20 spaces shall be planted with a 1 '/2 inch
DBH at the time of planting. Ground cover
plants shall completely cover the remainder of
the landscaped area within two years of
beginning use of the parking lot.
b. Location of
landscaping. Landscaping shall be dispersed
throughout the parking area and located within
concrete curbed islands six inches high. Trees
may be grouped together, but the groups shall
be dispersed throughout the lot.
c. Calculation of
area. Required perimeter landscaping may
not be substituted for interior landscaping.
However, it is recognized that interior
landscaping may join perimeter landscaping.
In such cases, landscaping which extends four
feet or more into the parking area may be
included in the calculation of interior
landscaped area.
d. Exceptions.
(1)• All parking
lots used solely for the purpose of providing
areas for the display and storage of motor
vehicles for sale, lease, and rental shall be
exempt from the interior landscaping
requirements.
(2). Parking
areas that are 30 feet or less in width are
exempt from the interior landscaping
requirements.
-10-
G. Perimeter Landscaping
Requirements. Parking lots containing five
(5) or more spaces shall be landscaped
meeting the following requirements:
1. Side and Rear Property
Lines. All parking lots shall have five feet of
landscaped area between the property line and
parking lot. The two -foot vehicle overhang
option may be included to meet this
requirement. Depending on the use and
location, additional area and screening may be
required under § 166.10, Buffer Strips and
Screening.
2. Property Lines Adjoining
Street Right -of -Way.
a. Residential Zones.
Except for permitted entrance drives, every
parking lot shall be landscaped for an equal
and uniform width of 25 feet parallel to the
front property line(s) street right-of-way.
b. Nonresidential
Zones. Every parking lot shall be landscaped
for an equal and uniform width of 15 feet
parallel to the front property line(s) street
right-of-way.
c. Required Plant
Materials. Landscaping in these areas shall
require one tree with a 1 '/2 inch DBH at the
time of planting and three shrubs per 40 feet
of parking lot frontage.
d. Screening Re-
duction Option. The minimum landscaping
width requirements may be reduced by ten
feet where the parking lot is screened abutting
a street by providing a berm, wall, vegetation,
or combination at least three feet high;
provided, no intersection visibility triangle
may be encroached upon by screening.
Cross Reference: Variances, Chapter 156.
H. Nonconforming Parking Lots.
All parking lots and/or parking areas which
were in existence prior to the effective date of
this ordinance may continue in a
nonconforming state until such time as the
following shall occur:
1. A building permit is granted
to rehabilitate a structure on the property
exceeding 50% of the current replacement
cost of the structure. At such time, 50% of the
existing parking lot use area shall be required
to be brought into compliance with the
provisions of this ordinance. This shall
continue on a graduated scale in accordance
with the percentage of rehabilitation cost;
and/or
2. A building permit is granted
to enlarge or reconstruct a structure on the
property exceeding 10% of its existing gross
floor area. At such time 10% of the existing
parking lot and/or parking lot area shall be
brought into compliance with the provisions
of this article. This shall be on a graduated
scale until reaching 100% of the required
landscaping; and/or
3. A new curb cut permit is
granted for the nonconforming parking lot. At
such time the parking lot and/or parking area
shall be required to be brought into
compliance with the provisions of this
ordinance.
4. It is recognized that unique
circumstances may exist in conforming with
these standards. Accordingly, the City Planner
may administratively waive up to 25% of the
required off-street parking spaces should
conformity with other provisions of this
ordinance prevent a property owner from
providing sufficient off-street parking required
under this ordinance.
(Code 1991,§160.117; Code 1965, App. A,
Art 8(9); Ord. No.1747, 6-29-70; Ord. No.
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2380, 9-20-77; Ord. No.2549, 8-7-79; Ord.
No. 3870, §4, 2-21-95; Ord. No. 3962, §§1,2,
4-16-96)
§172.02 OFF-STREET LOADING. In all
districts, accessory off-street loading berths,
open or enclosed, shall be provided in
conformity with the requirements set forth in
this section and shall be so arranged so that
parking and maneuvering will be on private
property.
A. Number of off-street loading
berths. The number of off-street loading
berths required for various uses is set forth in
the table below. The Planning Commission
may reduce these requirements after receiving
and reviewing a development plan under the
provisions of § 166.05 and § 166.06.
B. Location of off-street loading
berths.
1. Same Lot as Use. Off-street
loading berths shall be located on the same lot
as the use for which they are provided.
2. Yard or Court Space. Such
berths may occupy all or any part of any
required yard or court space, and no such
berth may be located closer than 50 feet to any
other property in an A or R district.
3. Size. Each loading berth
shall be at least ten feet wide, 30 feet long,
and 14 feet high, unless otherwise specified
herein. Any required off-street loading space
shall be surfaced with a durable and dustless
surface and shall be so arranged and marked
as to provide for orderly and safe unloading
and loading.
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Reserved
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Type of Use'
Floor Area (sq.
Range of Floor
Additional Floor Area (sq. ft.)
ft.) Up to Which
Area (sq. ft.)
Which Necessitates an
No Berths Are
for which One
Additional Berth"
Required
Berth Is
Required
From
To
Apartment
50,000
50,001
200,000
200,000
houses, apartment
hotels, group
housing, and
hospitals
Auditoriums
40,000
40,001
100,000
100,000
Banks
40,000
40,001
100,000
100,000
Bowling alleys
25,000
25,001
100,000
100,000
Established
handling sale and
consumption of
alcoholic
beverages, food or
refreshments on
the premises;
retail stores
(individual or in
groups); furniture
and appliance
stores, motor
vehicle sales,
wholesale
establishments,
household
equipment or
furniture repair
shops, or
machinery sales:
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Type of Use'
Floor Area (sq.
Range of Floor
Additional Floor Area (sq. ft.)
ft.) Up to Which
Area (sq. ft.)
Which Necessitates an
No Berths Are
for which One
Additional Berth"
Required
Berth Is
Required
Truck Berths:
10 ft. x 25 ft.
2,000
2,001
8,000
10 ft. x 25 ft.
8,001
25,000
plus
10 ft. x 45 ft.
25,001
40,000
plus
10 ft. x 45 ft.
40,001
100,00
plus
10 ft. x 45 ft.
100,001
250,000
200,000
plus
Hotels
40,000
400,001
150,001
150,000
Manufacturing
2,000
2,001
40,000
and industrial
uses;
Plus
40,001
100,000
100,000
Mortuaries
8,000
8,001
100,000
100,000
Theaters
8,000
8,001
25,000
50,000
a In the case of a use
not listed in the table, the requirements for the
most similar use shall apply.
b One additional berth
is required for the unit of additional floor area
shown or major fraction thereof.
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[DIVIDER 10: BUILDING REGULATIONS)
CHAPTER 173: Building Regulations
§173.01
General Provisions
§ 173.02
Fire Prevention Code/Building
Code
§173.03
Fire Zones
§ 173.04
Electrical Code
§ 173.05
Gas Piping Code
§ 173.06
Plumbing Code
§ 174.07
Mechanical Code
§ 175.08
Unsafe Buildings
§ 175.09
Homebuilders Registration
CHAPTER 173:
BUILDING REGULATIONS
§173.01 GENERAL PROVISIONS. In
addition to the specific provisions provided
hereinafter, the following General Provisions
shall apply to the Building Code, Electric
Code, Gas Code, Mechanical Code and the
Plumbing Code.
A. Permits.
1. A permit shall not be issued
until the fees prescribed have been paid. Nor
shall an amendment to a permit be released
until the additional fee, if any, due to an
increase in the estimated cost of the building,
structure, electrical, plumbing, mechanical or
gas systems, has been paid.
2. Every permit issued
hereunder shall expire by limitation and
become null and void if
construction/installation authorized by permit
is not commenced within six months from the
date of such permit or if the
construction/installation authorized by such
permit is abandoned for a period of six months
at any time after the construction/installation
is commenced. Before such installation can
begin or be recommenced a permit extension
fee shall be paid or a new permit shall be
secured for the unfinished portion of the
installation as required by the Building
Official.
B. Liability Insurance.
1. The following shall be
required to carry liability insurance:
a. Every licensed
master electrician applying for an electrical
permit.
b. Every licensed
supervising gas fitter actively engaged in gas
installations.
c. Every licensed
mechanical/HVACR licensee engaged in
mechanical installations.
d. Every licensed
master plumber actively engaged in plumbing
installations.
2. Liability insurance shall be
carried as set out below:
General Aggregate: $100,000
Personal & Advertising: $100,000
Each Occurrence: $100,000
Each certificate shall indicate
name of insurance company issuing policy,
name of insured, policy number, effective and
expiration date, and signature of authorized
representative of insurance company.
C. Responsibilities of Permit
Applicant.
1. Notice to City. It shall be
the duty of the permit applicant or his
authorized representative to give notice to the
City Inspection Division when an installation
is ready for an inspection.
2. Installation Ready for
Inspection. It shall be the duty of the permit
applicant to make sure that the installation is
ready for inspection before the inspection is
requested.
3. Provide Ready Access. It
shall be the duty of the permit applicant to
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provide ready access to the premises where
the requested inspection is to be made.
D. Exemptions. The assembly and
erection of approved equipment by the
manufacturer of such equipment, except
electrical, gas, mechanical, and plumbing
connections to said equipment, shall be
exempt from permitting and inspection
provisions.
E. Uncovering Work. Any installa-
tion or part thereof which is installed, altered,
or repaired and covered before being
inspected shall be uncovered for inspection as
required by the City Inspector.
F. Certificate of Occupancy.
1. Required. In addition to
the building permit fee, buildings and parts of
buildings shall not be occupied before a
certificate of occupancy is executed and
issued by the building official.
2. Copy Upon Request. The
owner of a single family and multifamily
residential dwelling will receive a copy of the
certificate of occupancy if requested.
§173.02 FIRE PREVENTION CODE/
BUILDING CODE.
A. Adoption by Reference. There is
hereby adopted by the City Council, by
reference thereto, the provisions set forth in
the Arkansas Fire Prevention Code,
constituting the Fire Prevention Code and the
Building Code, with State adopted
Appendices, and to include Weights of
Building Materials, Fees Schedules and
CABO One and Two Family Dwelling Code,
with appendices, as may from time to time
hereafter be amended and adopted by the State
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of Arkansas, save and except such portions of
said code as may be deleted, modified, or
amended herein.
B. Amendments, Additions and
Deletions to the Building Code. The
Building Code shall be amended as follows:
1. Construction Documents.
Plans reviewed for code compliance with
permits issued shall be destroyed after
construction is complete and as allowed by
law after being copied for permanent record
and maintained by the City. Plans retained on
file for one (1) through four (4) family
residential dwelling units will be destroyed
when construction is complete and may not be
permanently copied.
a. Plans. Plans sub-
mitted to be reviewed for code compliance
and permitting shall note the following:
(1). Construction
Type;
Classification(s);
Load;
Loads;
Loads;
and Tenant Separations;
Load;
Load
b. Ground Snow
Loads. Ground snow loads to be used in the
determination of design snow loads shall not
be less than 20 pounds per square foot.
c. Plan Review. A
plan review by an independent entity may be
required by a Building Official for plans of
unusual, special, and/or hazardous use of
buildings submitted for permit or review.
(2). Occupancy
(3). Occupant
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(4). Design Live
(5). Design Dead
(6). Occupancy
(7). Design Snow
(8). Design Wind
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2. Footing.
a. Design Require-
ments.
(1). The footing
bottoms shall be a minimum of twenty-four
(24) inches below finish grade; and,
(2). The minimum
width of a concrete footing for a one story
building with 1400 or less square feet shall be
eighteen (18) inches. The minimum width of
a concrete footing for two story buildings and
buildings greater than 1400 square feet shall
be twenty-four (24) inches. All footings shall
be reinforced with horizontal steel rebar; and,
(3). Minimum foot-
ing rebar size shall be two (2) #4's in an
eighteen (18) inch footing and three (3) #4's in
a twenty-four (24) inch footing and tied
perpendicular with #4 rebar at 24 inches on
center, and supported 3 inches from the
bottom of the footing with support approved
by the Building Official; and,
(4). The thickness of
the concrete footing shall be a minimum of
twelve (12) inches with a minimum of 3000
psi concrete; and,
(5). Minimum
concrete footing for a concentrated load shall
be twenty-four (24) inches by twenty-four
(24) inches by twelve (12) inches in depth of
3000 psi concrete, twenty-four (24) inches to
bottom below finish grade with a rebar mat of
four (4) #4's supported 3 inches from the
bottom with support as approved by the
Building Official; or
(6). Designed by an
Arkansas registered professional architect or
engineer.
3. Concrete Floors. (Slabs
On Grade).
a. Minimum Require-
ment. Minimum requirement for concrete
slab -on -grade floors shall be constructed in
accordance with the CABO One and Two
Family Dwelling Code and shall be at least
eight (8) inches above the finish grade
surrounding the building; and,
b. Minimum Com-
pressive Strength. Concrete used in the
construction of floors shall have a minimum
compressive strength of 3,000 pounds per
square inch; or,
c. Design. Designed
by an Arkansas registered professional
architect or engineer.
4. Crawl Space. Crawl space
grade shall not be lower than finish grade
outside of a building without construction of
a drainage remedy approved by the Building
Official.
5. Signs. The City of
Fayetteville adopted Sign Ordinance shall take
precedence over conflicts with the Building
Code Outdoor Displays and Signs
requirements.
6. Portable Buildings.
Requirements for Building Permits shall not
apply to small one story portable buildings
with an area of 80 square feet or less, but shall
be subject to other applicable City
requirements.
7. Reroofing. Reroofing of
existing residential dwelling units including
detached garages and portable buildings shall
not require a permit. However, the project is
not exempt from meeting all code
requirements.
C. Amendments, Additions and
Deletions to the Fire Prevention Code. The
Fire Prevention Code shall be amended as
follows:
Sprinklers. In addition to the
requirements of the Fire Prevention Code and
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the Building Code, any new building or
alteration, addition or change of occupancy of
existing buildings which exceeds three stories
including the basement or 50 feet or greater in
height to the highest point of said building
shall be protected by a complete automatic
sprinkler system designed and installed with
compliance to applicable NFIPA Standards.
§173.03 FIRE ZONES.
A. Zones. The City is hereby divided
into two fire zones which shall be known as
the first fire zone and the intermediate fire
zone.
1. First Zone. The first fire
zone shall include all property located in the
following areas of the City:
a. Beginning at a point
where the east line of south Locust Avenue
intersects the north line of West Rock Street
and running thence west along the north line
of Rock Street to the east line of South West
Avenue; thence north along the east line of
West Avenue to the north line of West Center
Street to the east line of University Avenue to
the north line of West Dickson Street; thence
west along the north line of Dickson Street to
the east line of Arkansas Avenue; thence north
along the east line of Arkansas Avenue to the
south line of Ida Street; then east along the
south line of Ida Street to the east line of
Gregg Avenue; thence north along the east
line of Gregg Avenue to the south line of
West Lafayette Street; thence east along the
south line of Lafayette to a point 259 feet and
three inches east of the east line of North West
Avenue; thence south to a point in the south
line of Scott Street, said point being 259 feet
and three inches east of the east line of North
West Avenue; thence east along the south line
of Scott Street to the west line of Rollston
Avenue; thence south along the west line of
Rollston Avenue to a point 180 feet north of
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the north line of West Dickson Street; thence
east parallel with the north line of Dickson
Street to a point in the west line of a private
driveway which is 147 feet, more or less, east
of the east line of College Avenue; thence
south along the west line of said driveway to
the south line of East Dickson Street; thence
east along the south line of East Dickson
Street to a point which is 300 feet east of the
east line of North College Avenue; thence
south parallel with the east line of College
Avenue to the north line of East Rock Street;
thence west along the north line of Rock
Street to the point of beginning.
b. Beginning on the
north boundary of the area described in
subsection a. above, at a point which is 180
feet north and 160 feet west of the west line of
College Avenue; thence north parallel with
said west line of College Avenue; thence
north parallel with said west line of College
Avenue 480 feet; thence west 30 feet; thence
north 132 feet to the south line of Lafayette
Street; thence across Lafayette Street to the
north side thereof to a point 180 feet west of
the west line of College Avenue; thence north
92.5 feet; thence east 10 feet; thence north
parallel to the west line of College Avenue
367 feet to the south line of Maple Street;
thence northwesterly across Maple Street to
the east line of the north -south alley between
Maple Street and Davidson Street, the east
line of said alley being 200 feet west of
College Avenue; thence north along said east
line to Davidson Street; thence northeasterly
across Davidson Street to a point on the north
line thereof, 140 feet west of the west line of
College Avenue; thence north parallel with
said west line of College Avenue to Trenton
Boulevard; thence across Trenton Boulevard
to a point on the north line thereof, 150 feet
west of the west line of College Avenue;
thence in a northerly direction parallel to and
150 feet west of the west line of College
Avenue to the south line of North Street;
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thence east along the south line of North
Street to a point 150 feet east of the east line
of College Avenue; thence in a southerly
direction parallel to and 150 feet east of the
east line of College Avenue to the north line
of Davidson Street; thence southwesterly
across Davidson Street to a point on the south
line thereof 135 feet east of the east line of
College Avenue; thence south parallel to and
135 feet east of the east line of College
Avenue 212 feet, more or less, to an east -west
alley, thence southeasterly across said alley to
a point on the south side thereof 205 feet east
of the east line of College Avenue; thence
south parallel to and 205 feet east of the east
line of College Avenue to the north line of
Maple Street; thence southwesterly across
Maple Street to a point on the south side
thereof 110 feet east of the east line of College
Avenue; thence south parallel to and 110 feet
east of the east line of College Avenue; thence
south parallel to and 130 feet east of the east
line of College Avenue, 295 feet, more or less,
to the north line of Lafayette Street; thence
southwesterly across Lafayette Street to a
point on the south side thereof, 120 feet east
of the east line of College Avenue; thence
south 112 feet; thence east to a point 200 feet
east of the east line of College Avenue; thence
south 110 feet to Cravens Street; thence across
Cravens Street to a point on the south side
thereof 205 feet east of the east line of College
Avenue; thence south parallel to and 205 feet
east of the east line of College Avenue, 270
feet; thence west 55 feet; thence south to the
north boundary of the area described in the
subsection a. above; thence west to the place
of beginning.
c. A strip of land 150
feet wide on each side of the United States
Highway 71 from the north line of the first
fire zone, as established in the above
divisions, north along United States Highway
71 to the north city limits.
d. A strip of land 150
feet wide on each side of the United States
Highway 71 from the south boundary of the
first fire zone, as established in the above
divisions, south along United States Highway
71 to the south city limits.
e. A strip of land 150
feet wide on each side of United States
Highway 62 from United States Highway 71
west along United States Highway 62 to the
west city limits.
f. A zone 460 feet
wide, extending 230 feet on each side of the
center line of North College Avenue from the
north line of East Dickson Street to the south
line of East Davidson Street.
g. The west 300 feet of
Block A of Maplewood Addition to the city.
h. Beginning at the
limits of the first fire zone, as established by
the above divisions, at a point on the north
line of East Rock Street which is 200 feet east
of the east line of South College Avenue;
thence south along the east side of an alley
200 feet east of the east line of South College
Avenue to the center line extended of East
South Street; thence west along the center line
extended of East South Street to the center
line of South East Avenue; thence south along
the center line of South East Avenue to the
center line of West Fourth Street (formerly
West First Street); thence west along the
center line West Fourth Street to the center
line of South Block Avenue; thence south
along the center line of South Block Avenue
to the center line of West Fifth Street; thence
west along the center line of West Fifth Street
extended to the intersection of the first fire
zone limits as established by the above
subsections, at a point 150 feet east of the east
line of South School Avenue; thence north
along said limits parallel and 150 feet east on
the east line of South School Avenue to the
north line of West Rock Street at said limits;
thence east with said limits along the north
line of Rock Street to the point of beginning.
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I. A zone of 340 feet
wide, extending 170 feet in each side of the
center line of South School Avenue, from the
north line of Rock Street south to the south
line of Fifteenth Street.
j. A zone 360 feet
wide, extending 180 feet on each side of the
center line of West Sixth Street (Highway 62
West), from a north -south line parallel to and
140 feet west of the center line of South
School Avenue west to a point on a line
parallel with the west line of Buchanan
Avenue.
2. Intermediate Fire Zone.
The intermediate fire zone shall include all
territory now or hereafter within the corporate
limits of the City which is not within the first
fire zone.
§173.04 ELECTRICAL CODE.
A. Adoption by Reference. There is
hereby adopted by the City Council of the
City of Fayetteville, Arkansas, by reference
thereto the provisions set forth in the
Arkansas Board of Electrical Examiners Act,
Arkansas Electrical Code Authority Act, and
Regulations for the Board of Electrical
Examiners governing the construction,
installation and inspection of electrical wiring,
electrical equipment, and electrical
installations, pursuant to the authority
expressly conferred by the laws of the State of
Arkansas, and as may from time to time
hereafter be amended, save and except such as
may be deleted, modified, or amended herein.
B. Amendments, Additions and
Deletions. The Arkansas Board of Electrical
Examiners Act, Arkansas Electrical Code
Authority Act, and Regulations for the Board
of Electrical Examiners governing the
construction, installation, and inspection of
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electrical wiring, electrical equipment, and
electrical installations shall be amended as
follows:
. 1. Responsibilities of a
Master Electrician. It shall be the duty of
the master electrician to require apprentice
electricians to register annually with the City
Inspection Division before doing electrical
work and to inform the Inspections Division
when said apprentice is terminated.
2. Exemptions. The follow-
ing shall be exempt from these provisions:
a. Public Utility. Any
construction, installation, maintenance, repair,
or renovation by a public utility regulated by
the Public Service Commission, or by a rural
electric cooperative, of any transmission or
distribution lines or facilities incidental to
their business and covered under other
nationally recognized safety standards.
b. Department of
Labor, Elevator Safety Division. Electrical
work regulated by the Arkansas Department
of Labor, Elevator Safety Division.
c. Minor Repair. A
permit is not required for minor repair,
replacement of fuses and lamps, or connection
of portable electrical equipment to
permanently installed receptacles.
3. Permits Required;
Qualifications.
a. Application. All
electrical work, unless specifically exempt
herein, shall require the application and
approval of an electrical permit from the City
Inspection Division prior to beginning
electrical installations in the corporate limits
of the City.
b. Issuance. The City
Inspection Division is authorized to issue
electrical permits to the following:
(1). Arkansas State
licensed master electricians.
(2). Arkansas State
licensed industrial maintenance electrician for
an electrical permit on or within an industrial
or manufacturing type facility.
(3). A permit may
be issued to a property owner to install
electrical installations in a single-family
residence, provided the property owner does
the work himself, and the building is owned
and occupied by such owner as his home.
Such electrical work must strictly comply
with the requirements of this chapter.
4. Power Company.
a. Meter Installation.
An electrical utility power company shall not
install a meter before approval is received
from the Inspection Division when there have
been changes, additions, alterations, and/or
repairs to the electrical system.
b. Faulty Electrical
Wiring. An electrical utility power company
shall not install a meter when faulty electrical
wiring is evident and a hazard exists.
c. Existing In-
stallation. Nothing herein shall be so
construed as to require approval from the
Inspection Division before a meter is installed
on an existing installation unless some change
has been made and/or a hazard exists to the
electrical system.
5. Miscellaneous Provision.
a. NM and NMC
Cable. The use of type NM and NMC cable
shall be limited to residential dwelling units
and existing buildings less than 3000 total
square feet that are less than three stories and
with occupancy defined by the building code
as business and/or mercantile when altered,
renovated, added to, and/or occupancy
changed. Existing electrical wiring proposed
to be used for said existing building shall be
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certified as safe by an Arkansas Professional
Engineer and/or Architect or Arkansas Master
Licensed Electrician.
b. PuIIChain
Switches. The use of pull chain switches
shall be prohibited.
c. Fuses. The use of
fuses as overcurrent protection of circuits shall
be prohibited in residential dwellings.
d. Aluminum Con-
ductors. The minimum size of aluminum
conductors shall be #2 AWG. Splicing and
termination of aluminum conductors shall be
with approved compression fittings.
6. Neon Lighting.
a. Permit Required.
Power and control electrical wiring shall not
be installed without obtaining a permit.
Permit application, drawings, and
specification shall be submitted for approval
as required by the Inspection Division before
installation begins.
b. No License
Required. An electrical license shall not be
required to obtain a permit to install neon
tubing, associated transformer, high voltage
wiring, and appurtenances.
C. Inspection and Tests
1. Inspections of electrical
installations shall be requested and approved
by the Inspection Division before covering as
follows:
struction Meter;
under concrete;
a Temporary Con -
b. Underground;
c. In concrete or
d.
Rough -in;
e.
Meter;
f.
Final.
2. Tests on electrical work
shall be performed by the master electrician as
required by the City Inspector.
§173.05 GAS PIPING CODE.
A. Adoption by Reference. There is
hereby adopted by the City Council by
reference thereto the provisions set forth in the
Arkansas State Gas Code, Rules and
Regulations of the State Board of Health
governing the construction, installation and
inspection of consumer's gas piping, gas
appliances and gas equipment, duly adopted
and promulgated by the Arkansas State Board
of Health, Little Rock, Arkansas, pursuant to
the authority expressly conferred by the laws
of the State of Arkansas, and as may from
time to time hereafter be amended, save and
except such portions of said code as may be
deleted, modified, or amended herein.
B. Amendments, Additions and
Deletions. The Arkansas State Gas Code,
Rules and Regulations of the State Board of
Health, governing the construction,
installation and inspection of consumer's gas
piping and gas appliances and gas equipment
shall be amended as follows:
1. Exemptions. The following
shall be exempt from these provisions:
a. Gas Company.
Nothing herein shall be construed as applying
to a gas company, its agents, servants and
employees conducting its business under the
franchise granted by the City in the
installation, repair, maintenance, removal or
replacement of gas piping machinery or
equipment owned or operated by the gas
company in the City.
b. Gas Meter.
Nothing herein shall be so construed as to
require a permit and inspection from the City
Inspection Division before a gas meter can be
set unless some change has been made in gas
installation since service was disconnected.
2. Permit Required;
Qualifications.
a. Application. A gas
permit shall be applied for and obtained from
the City Inspection Division prior to
beginning gas installations in the corporate
limits of the City.
b. Issuance. The City
Inspection Division is authorized to issue gas
permits to the following:
(1). State licensed
supervising gas fitter.
(2). State licensed
master plumbers.
(3). Apermitmaybe
may be
issued to a property owner to install gas
installations in a single-family residence,
provided the property owner does the work
himself, and the building is owned and
occupied by such owner as his home. Such
gas installations must strictly comply with the
requirements of this chapter.
3. Miscellaneous Provisions.
All underground plastic as piping shall have a
number 14AWG copper or larger tracer wire
with moisture resistant thermoplastic
insulation installed in the same trench with the
underground plastic piping. Said tracer wire
shall be continuous and secured to the piping
above ground.
C. Inspection and Tests.
1. Inspections of gas
installations shall be made before covering,
and with required tests as follows:
a. Underground;
b. Rough -in and/or;
c. Final.
2. Tests as required by code
shall remain on any addition, alteration,
repair, and new piping installations until the
installation has been approved by a City
Inspector.
PLUMBING CODE.
A. Adoption by Reference. There is
hereby adopted by the City Council by
reference thereto the provisions set forth in the
Arkansas State Plumbing Code, Rules and
Regulations of the State Board of Health,
governing the Construction, Installation and
Inspection of Plumbing and Drainage, duly
adopted and promulgated by the Arkansas
State Board of Health, Little Rock, Arkansas,
pursuant to the authority expressly conferred
by the laws of the State of Arkansas, and as
may from time to time hereafter be amended,
save and except such portions of said code as
may be deleted, modified, or amended herein.
B. Amendments, Additions and
Deletions. The Arkansas State Plumbing
Code, Rules and Regulations of the State
Board of Health, governing the construction,
installation and inspection of plumbing and
drainage shall be amended as follows:
Required;
Qualifications.
a. Application. All
plumbing work, unless specifically exempt
herein, shall require the application for and
approval of a plumbing permit from the City
Inspection Division, prior to beginning
plumbing installations in the corporate limits
of the City and on water and sewer systems
owned by the City outside of the City limits.
b. Documentation.
No plumbing permit shall be issued until the
following has been received:
Permit issued by the State Department of
Health, as required.
(2). Plans
and specifications approved by the State
Department of Health, as required.
(3). State
Department of Health approval of an
individual sewage disposal system when a
public sewer is not available for use.
(4). Building
permit has been issued.
c. Minor repairs. No
permit is required for minor repairs to faucet,
valves, pipes, appliances, and the removal of
stoppage.
d. Issuance. The City
Inspection Division is authorized to issue
plumbing permits to the following:
(1). State
licensed master plumbers.
(2). Apermit
may be issued to a property owner to install
plumbing in a single-family residence,
provided the property owner does the work
himself, and the building is owned and
occupied by such owner as his home. Such
plumbing work must strictly comply with the
requirements of this chapter.
2. Failure to Permit and
Inspect. Water meters shall not be allowed
for installations that have not been permitted
and inspected.
C. Inspection and Tests.
1. Inspections of plumbing
installations shall be made before covering,
and with required tests as follows:
a. Underground;
b. Under slab;
c. Rough -in and/or;
d. Multi -story Rough
2. The City Inspector shall
have the right to inspect and may require tests
for existing plumbing installations when there
is reason to believe that such system is not
safe for the use it is intended. When such
inspections or tests indicate a faulty or unsafe
system, the system shall be made safe to the
satisfaction of the inspector before the system
is used.
§173.07 MECHANICAL CODE.
A. Adoption by Reference. There is
hereby adopted by the City Council by
reference thereto the provisions set forth in the
Arkansas State Mechanical Code, Rules and
Regulations of the State HVACR Board,
including Guidelines for Estimating Heat Loss
and Gain, governing the Installation and
Inspection of Mechanical Systems duly
adopted and promulgated by the Arkansas
State HVACR Board, Little Rock Arkansas,
pursuant to the authority expressly conferred
by the laws of the State of Arkansas, as may
from time to time hereafter be amended, save
and except such portions of said code as may
be deleted, modified, or amended herein.
B. Amendments, Additions and
Deletions. The Arkansas State Mechanical
Code, Rules and Regulations of the State
HVACR Board, governing the installation
and inspections of mechanical systems shall
be amended as follows:
1. Permits Required;
Qualifications.
a. Application. All
mechanical work, unless specifically exempt
herein, shall require the application for and
approval of a mechanical permit from the City
Inspection Division, prior to beginning
mechanical installations in the corporate limits
of the City.
b. Minor Repairs. No
permit is required for minor repairs such as
recharging of units, filter changes, and
replacement of parts within the units.
c. Issuance. The City
Inspection Division is authorized to issue
permits to the following:
(1). State
Licensee;
(2). A permit
may be issued to a property owner for
mechanical installations in a single-family
residence, provided the property owner does
the work himself, and the building is owned
and occupied by such owner as his/her home.
Such mechanical work must strictly comply
with the requirements of this chapter.
C. Inspection and Tests.
1. Underslab/Underground;
2. Rough -in and/or;
3. Final.
D. Right to Inspect. The City
Inspector shall have the right to inspect and
may require tests for existing mechanical
installations when there is reason to believe
that such system is not safe for the use
intended. When such inspections or tests
indicate a faulty or unsafe system, the system
shall be made safe before the system is used.
§173.08 UNSAFE BUILDINGS.
A. No person or persons, partnership,
corporation or association, hereinafter referred
to as "owner", shall keep or maintain any
house or building within the corporate limits
of the City which as become dilapidated,
unsafe, unsanitary, or detrimental to the public
welfare.
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B. Abatement Procedure.
' Resolution. The rules and procedures
of the inspection department for cleanup, raze
and removal of property shall be followed.
' If the results of such efforts are unsatisfactory,
the inspection superintendent may forward the
matter to the City Council for consideration.
' The City Council may by resolution make the
following determinations and issue the
following order:
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1. Determination of
condition. The City Council may by
resolution determine that a building or house
has become dilapidated, unsafe, unsanitary, or
detrimental to the public welfare.
2. Order of raze and
removal. If it is determined that a building
or house has become dilapidated, unsafe,
unsanitary, or detrimental to the public
welfare, the City Council may order the house
or structure razed and removed.
§173.09 HOMEBUILDERS
REGISTRATION.
A. Homebuilders applying for a
permit pursuant to the building codes of the
City for the construction of a residence shall
include a copy of such Homebuilder's
Certificate of Registration issued by the
Arkansas Secretary of State pursuant to the
provisions of A.C.A. §17-47-101 et seq., as
the same may be amended from time to time,
and a statement by such homebuilder that such
certificate of registration is in full force and
effect, or evidence that the applicant is exempt
from the provisions of A.C.A. § 17-47-101 et
seq., because they are not a homebuilder, as
defined in this section.
B. The applicants for such permits
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may maintain on file with the City a current
certificate of registration in lieu of submission
of such certificate with each permit
application.
C. The requirements of this section
shall be deemed to be independent of the
requirements of any other ordinances for the
issuance of permits for such construction.
Cross Reference: Variances Chapter 156;
Appeals, Chapter 155; Fees, Chapter 159;
Administration, Chapter 152.
[DIVIDER 11: SIGNS1
CHAPTER 174: Signs
§174.01 General Regulations
§ 174.02 Permit Applications/Issuance
§ 174.03 Exemptions
§ 174.04 Sign Identification
§ 174.05 Sign Removal
§174.06 Nonconforming Signs
§ 174.07 Placing Signs on Public and
Private Property
§ 174.08 Prohibited Signs
§ 174.09 Sign Illumination
§174.10 Freestanding Signs
§174.11 Projecting Signs
§174.12 Wall Signs
§174.13 Area Signs
CHAPTER 174:
SIGNS
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§174.01 GENERAL REGULATIONS.
A. Permit Required. It shall be
unlawful for any person to erect, repair, alter,
relocate or keep within the City any sign or
other advertising structure except as exempted
herein without first obtaining a sign permit
from the Building Inspector.
B. Illuminated Signs. All illumi-
nated signs shall, in addition, be subject to the
provisions of the electrical code, and the
permit fees required thereunder.
(Code 1991, §158.20; Code 1965, §17B -3(a);
Ord. No. 1893, 12-19-72; Ord. No. 2198, 2-
17-76)
C. Fees. Every applicant, before
being granted a permit hereunder, shall pay to
the building inspector's office the permit fee
set forth in Chapter 159.
(Code 1991, §158.22; Code 1965, §17B -3(c);
Ord. No. 1893, 12-19-72; Ord. No. 2198, 2-
17-76; Ord. No. 3925, §4, 10-3-95)
D. Maintenance of Premises. All
free standing signs and the premises
surrounding the same shall be maintained by
the owner thereof in a clean, sanitary, and
inoffensive condition, and free and clear of all
obnoxious substances, rubbish and weeds.
(Code 1991, §158.05; Code 1965, §17B -4(b);
Ord. No. 1893, 12-19-72; Ord. No. 2790, 1-
18-82)
E. Privilege. All rights and privileges
acquired under the provisions of this chapter
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or any amendments thereto are mere licenses
revocable at any time by the City Council and
all such permits shall contain this provision.
(Code 1991, §158.24; Code 1965, §17B -3(e);
Ord. No. 1893, 12-19-72; Ord. No. 2198, 2-
17-76)
§174.02 PERMIT APPLICATION/
ISSUANCE.
A. Application. Application for
initial sign permits shall be made upon blanks
provided by the Building Inspector and shall
contain or have attached thereto the following
information:
1. Applicant Identification.
Name, address and telephone number of the
applicant.
2. Location. Location of
building, structure, or lot to which or upon
which the sign or other advertising structure is
to be attached or erected.
3. Position. Position of the
sign or other advertising structure in relation
to nearby buildings or structures.
4. Blueprints/Drawings. Two
blueprints or ink drawings of the plans and
specifications and method of construction and
attachment to the building or in the ground.
5. Person Erecting Structure.
Name of person, firm, corporation or
association erecting structure.
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6. Consent of Owner. Written
consent of the owner of the building, structure
or land to which or on which the structure is to
be erected.
7. Electrical Permit. Any
electrical permit required and issued for said
sign. Application requesting electrical permit
for proposed sign must accompany sign
application.
8. Other Information. Such
other information as the Building Inspector
shall require to show full compliance with
Code of Fayetteville.
(Code 1991, §158.21; Code 1965, §17B -3(b);
Ord. No. 1893, 12-19-72; Ord. No. 2198, 2-
17-76)
B. Issuance of Sign Permit. It shall
be the duty of the Building Inspector, upon the
filing of an application for an erection permit,
to examine such plans and specifications and
other data and the premises upon which it is
proposed to erect the sign or other advertising
structure, and if it shall appear that the
proposed structure is in compliance with all
the requirements of this chapter and all other
laws and ordinances of the City, he shall then
issue the erection permit. If the work
authorized under an erection permit has not
been completed within six months after date
of issuance, the said permit shall become null
and void.
(Code 1991, §158.23; Code 1965, §17B -3(d);
Ord. No. 1893, 12-19-72; Ord. No. 2198, 2-
17-76)
§174.03 EXEMPTIONS. Exemptions shall
not be construed as relieving the owner of
such signs from the responsibility of
complying with certain applicable provisions
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of this chapter. The exemptions shall apply to
the requirement for sign permit only, and no
sign permit shall be required for the erection
of the following signs:
A. Professional Nameplates.
Professional nameplates erected flat on walls
of building and not exceeding four square feet
of display surface area.
B. Building Construction Signs.
One on -site building construction sign on each
construction site in any zoning district,
provided that maximum display surface area
shall be eight square feet or less in R Zoning
Districts: 32 square feet or less in other zoning
districts.
C. Real Estate Signs. On a lot in any
district, there may be erected one on -site
unanimated real estate sign; provided, when a
lot is listed simultaneously with two real
estate firms, one such sign per firm shall be
permitted. Provided further, such signs shall
be limited to wall signs, freestanding signs or
platform signs; and, freestanding signs or
platform signs shall be set back a minimum of
ten feet from the street. The permitted
illumination and maximum display surface
area for a real estate sign shall be as follows:
District
Permitted
Area
Illumination
(Square
Feet)
A
Nonilluminated
32
R, R -O
Nonilluminated
8
P-1, C
Nonflashing
32
and!
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D. Home Occupation Signs. Home
occupation signs erected flat against the wall
and not exceeding three square feet.
E. Memorial Signs, Name Signs.
Memorial signs or tablets, names of buildings
and date of erection when cut into any
masonry surface or when constructed of
bronze or other incombustible materials.
F. Traffic Signs, Etc. Traffic or other
municipal signs, legal notices, railroad
crossing signs, danger, and such temporary,
emergency or nonadvertising signs as may be
approved by the City Council.
G. Posting Bills, Repainting Signs.
Posting of bills on signs, repainting of signs,
or the changing of letters or numbers on signs
designed for changeable lettering or
numbering which were legally erected and
maintained for such purposes.
H. Election Campaign Signs.
Political signs are permitted to be placed on
private property in any district, subject to the
following conditions:
1. Districts Where Signs Not
Otherwise Permitted. In districts where
signs are not otherwise permitted, a political
sign may be erected but said sign shall be
removed within 72 hours following the final
election to which it applies; the owner of the
property on which said sign is placed shall be
responsible for its removal.
2. Sign Permitted. In districts
where signs are otherwise permitted, political
signs shall meet those requirements.
I. Time and Temperature Displays.
Time and temperature displays without
advertising matter, providing all clearances
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prescribed herein for signs similarly located
are maintained.
J. Banners.
1. Public/Private Events.
Banners shall be exempted when used in
conjunction with public and private events as
follows:
a. Election Cam-
paigns. Election campaign banners when said
banners are not placed more than ten days
prior to and removed within 72 hours
following the election to which the banner
applies.
b. Public Events.
Public event banners shall be removed within
72 hours following the event to which the
banner applies.
c. Private Sales
Events. Banners placed on private property
for advertising a special sales event.
2. Advertising. Banners
bearing advertising matter shall be considered
wall or freestanding signs, depending upon
mounting, and shall meet all regulations
pertaining thereto.
K. Signs Located in Buildings. All
signs located within a building that are not
visible to the public outside said building.
L. Signs on Windows. Signs painted
on, or affixed to, glass surfaces of windows or
doors and pertaining to the lawful business
conducted therein.
M. Directional Identification and
Informational Signs. Directional,
identification and informational signs;
provided, such signs shall be limited to wall
and freestanding signs with a maximum of
four square feet of display surface area.
Notwithstanding the restrictions on the
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location and number of freestanding signs
prescribed by §174.10, one freestanding sign
not exceeding four square feet in display
surface area shall be permitted at each
entrance or exit on a lot or parcel to identify
such entrance or exit and to encourage the use
of motor vehicle seatbelts, subject to the
following restrictions:
1. Traffic Hazard. No such
sign shall be erected which would create a
traffic hazard.
2. Seat Belt Sign. Any words
or symbols encouraging the use of seatbelts
shall face the interior of the lot or parcel on
which the sign is located and shall not face the
street unless the City's official seatbelt sign is
used.
N. Collection Boxes. Collection
boxes for charitable or nonprofit organizations
containing no commercial advertising and
located on private property in any C or I
Zoning District.
O. Subdivision Signs. In any
district, one temporary subdivision
identification sign indirectly illuminated, not
to exceed 50 square feet in area per surface
may be erected at any principal entrance to a
subdivision, provided that in no event shall
such sign remain for more than six months
within 50 feet of a dwelling in a R District
occupied as a dwelling.
P. Freestanding Bulletin Boards. A
freestanding bulletin board shall be set back a
minimum of 15 feet from street right-of-way;
and any bulletin board having a display
surface area in excess of ten square feet shall
be set back from street right-of-way an
additional one -foot for each two square feet of
display surface area in excess of ten square
feet.
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Q. Fuel Price Informational Signs.
In any district, signs advertising the price of
motor vehicle fuel sold from a fuel pump
located on the premises shall be permitted,
subject to the following conditions:
1. Price. Only one fuel price
informational sign shall be permitted per fuel
PUMP.
2. Size. Fuel price
informational signs shall be limited in size to
an area of 216 square inches.
3. Stationary. Each fuel price
informational sign shall be affixed directly
and firmly to a fuel pump and shall be
stationary.
4. Other Locations. Nothing
herein shall be construed as to prohibit the
advertisement of fuel prices on any other sign
meeting the requirements of this chapter.
5. Sign Faces. Only one two-
faced, or two one -faced, self service/full
service signs not exceeding four square feet in
display surface area shall be permitted at each
pump island.
R. Fences and Scoreboards in City
Parks. Signs may be permitted on
baseball/softball fences and scoreboards in
city parks as provided for in §97.088 (B).
(Code 1991, §158.08; Code 1965, §17B-6;
Ord. No. 1893, 12-19-72; Ord. No. 3294, 9-
15-87; Ord. No. 3307, 10-20-87; Ord. No.
3313, 11-17-87)
§174.04 SIGN IDENTIFICATION. Every
sign or other advertising structure hereafter
registered shall show in a conspicuous place
thereon which is visible to the Inspector and is
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readable by the Inspector from the ground, the
permit number.
(Code 1991, §158.04; Code 1965, §17B -4A;
Ord. No. 1893, 12-19-72; Ord. No. 2790, 1-
18-82)
§174.05 SIGN REMOVAL. In the event a
business ceases operation for a period of time
in excess of 60 days, the sign owner or lessee,
or the property owner, shall immediately
remove any sign identifying or advertising
said business or any product sold thereby;
provided, however, this requirement shall not
apply where under the provisions of this
chapter an existing conforming sign may be
altered to advertise a new business to be in
operation on the premises within 60 days.
Cross Reference: Enforcement, Chapter 153.
(Code 1991, § 158.35; Code 1965, § 17B -7(a);
Ord. No. 1893, 12-19-72; Ord. No. 2934, 8-2-
83; Ord. No. 2948, 9-20-83; Ord. No. 3298,
10-6-87)
§174.06 NONCONFORMING SIGNS. For
the purpose of this section, a nonconforming
sign shall be defined as a sign existing on or
before January 19, 1973, which could not be
built under the terms of this chapter or under
the terms of Zoning, Chapter 160-165.
A. On -Site, Nonconforming Signs.
All on -site, nonconforming signs not
otherwise prohibited by the provisions of this
chapter shall be removed or shall be altered to
conform to the provisions of this chapter when
the nature of the business conducted on the
premises changes and the sign is changed or
modified either in shape, size, or legend, or
when the name of the business changes and
the sign is changed or modified either in
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shape, size, or legend, or on or before January
19, 1980, whichever occurs sooner.
B. Off -Site, Nonconforming Signs.
Off -site, nonconforming signs not otherwise
prohibited by the provisions of this chapter
shall be removed or shall be altered so as to
conform with the provisions of this chapter on
or before January 19, 1977. Off -site
nonconforming signs not otherwise prohibited
by this chapter shall be removed or shall be
altered so as to conform with the provisions of
this chapter within four years from January
19, 1973.
C. Enlarge/Alter. No nonconforming
sign may be enlarged or altered in a way
which would increase its nonconformity.
D. Damage/Replace. Should any
nonconforming sign be damaged by any
means to an extent of more than 50% of its
replacement cost at time of damage, it shall
not be reconstructed except in conformity with
the provisions of this chapter.
(Code 1991, §158.07; Code 1965, §17B-5;
Ord. No. 1893, 12-19-72; Ord. No. 2109, 6-3-
75; Ord. No. 2255, 7-20-76)
§174.07 PLACING SIGNS ON PUBLIC
AND PRIVATE PROPERTY.
A. Placing Signs on Public Property.
1. Agencies of Government.
No signs other than signs placed by agencies
of government shall be erected on any public
property; provided, directional signs may be
erected upon the City's street name signposts,
or upon traffic signposts under the following
conditions:
a. Public Facility/Out
of Town Patrons. The signs direct the reader
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to the location of a public facility attended
principally by out-of-town patrons, to a
facility operated by a nonprofit entity and
attended principally by out-of-town patrons, to
a facility relating to the public health, safety
or welfare, or to scenic or historic trails;
b. Traffic Department.
The signs are fabricated, erected and
maintained by the City Traffic Department;
c. Cost. The entire cost
of the signs is borne by the entity requesting
the signs;
d. Installation. The
signs are installed at locations where they
would not constitute a traffic hazard;
e. Traffic Control
Devices. The signs conform to the manual on
uniform traffic -control devices; and
f. Directional Signals.
The maximum number of directional signs
permitted under this section shall be seven for
each entity; provided, the limitation provided
hereby shall not apply to signs directing the
reader [thereof] to scenic or historic trails.
2. Nonprofit Organizations.
Nonprofit organizations shall be allowed to
place temporary signs of a noncommercial
nature on public property for the purpose of
directing the general public to the location of
an event or activity which promotes the
general public welfare. The placement of such
temporary signs shall be subject to the
following conditions:
a. Display Surface
Area. The maximum display surface area of
each sign shall not exceed six square feet;
b. Number of Signs.
No more than three signs directing the general
public to such an event or activity shall be
placed on public property at the same time by
one such organization;
c. Organization
Name. Each such sign shall identify the
nonprofit organization by name;
d. Temporary Sign.
No such temporary sign shall be placed on
public property for more than five successive
days;
e. Location/Approval.
The location of each such sign shall be
approved by the Sign Inspector and Traffic
Superintendent to ensure that the signs will
not constitute a traffic hazard;
f. Permit/Number of
Signs. The organization applies for, and is
issued, a sign permit; one permit may
authorize installation of up to three signs
pursuant to the provisions of this division; and
g. Temporary Signs.
No such organization shall install, or be issued
a permit to install a temporary sign on public
property pursuant to the provisions of this
division more often than six times within a
12 -month period.
B. Placing Signs on Private
Property. No signs shall be placed on any
private property without the consent of the
owner thereof.
C. Placing Signs on Trees or Rocks.
No signs shall be placed or painted on any tree
or rock.
D. Placing Signs on Utility Poles.
No signs shall be placed on any utility pole
except for utility identification or similar
purposes.
(Code 1991, §158.37; Code 1965, §17B -7(c);
Ord. No. 1893, 12-19-72; Ord. No. 2934, 8-2-
83; Ord. No. 2948, 9-20-83; Ord. No. 3298,
10-6-87; Ord. No. 3677, §1, 3-2-93)
§174.08 PROHIBITED SIGNS.
A. Spot Lights and Beacons. It shall
be unlawful for any person to continue in
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operation or erect any attraction device or sign
which contains a beacon of any type and/or
contains a spot light providing direct
illumination to the public.
(Code 1991, §158.39; Code 1965, §17B -7(e);
Ord. No. 1893, 12-19-72; Ord. No. 2934, 8-2-
83; Ord. No. 2948, 9-20-83; Ord. No. 3298,
10-6-87)
B. Fluctuating Illumination. It shall
be unlawful for any person to erect additional
attraction devices or signs or to continue in
operation an attraction device or sign which
flashes, blinks, or is animated. Illumination of
attraction devices or signs located in the City
that fluctuates in light intensity shall be
prohibited.
(Code 1991, § 158.40; Code 1965, §17B -7(f);
Ord. No. 1893, 12-19-72; Ord. No. 2934, 8-2-
83; Ord. No. 2948, 9-20-83; Ord. No. 3298,
10-6-87)
C. Portable Swinger or Temporary
Attraction Sign Boards. It shall be unlawful
for any person to continue to display or erect
any portable swinger, "A" frame, sandwich or
temporary attraction sign board in the City.
(Code 1991, §158.41; Code 1965, §17B -7(g);
Ord. No. 1893, 12-19-72; Ord. No. 2934, 8-2-
83; Ord. No. 2948, 9-20-83; Ord. No. 3298,
10-6-87)
D. Revolving, Rotating, or Moving
Signs. It shall be unlawful for any person to
erect or to continue using any sign the exterior
of which revolves, rotates or otherwise moves,
in whole or in part.
(Code 1991,§158.44; Code 1965, §17B -7(j);
Ord. No.1893,12-19-72; Ord. No. 2934, 8-2-
83; Ord. No. 2948, 9-20-83; Ord. No.3298,10-
6-87)
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E. Windblown Signs. It shall be
unlawful for any person to display any
windblown sign; provided, windblown signs
may be displayed on a lot, at a shopping
center, or at a mall one time per year for a
period not to exceed 72 hours if a temporary
sign permit is first obtained from the Building
Inspector upon payment of a the appropriate
fee; provided further, one company flag shall
be permitted on a lot, at a shopping center, or
at a mall.
(Code 1991, §158.45; Code 1965, §17B -7(k);
Ord. No. 1893, 12-19-72; Ord. No. 2934, 8-2-
83; Ord. No. 2948, 9-20-83; Ord. No. 3298,
10-6-87)
F. Signs that Constitute a Traffic
Hazard. No sign or other advertising
structure as regulated by this chapter shall be
erected or continued to be displayed at the
intersection of any street in such a manner as
to obstruct free and clear vision; or at any
location where, by reason of the position,
shape, or color, it may interfere with, obstruct
the view of or be confused with any
authorized traffic sign, signal or device; or
which makes use of the words, "STOP,"
"LOOK," "DRIVE-IN," "DANGER," or any
other word, phrase, symbol or character in
such manner as to interfere with, mislead, or
confuse traffic.
(Code 1991, §158.36; Code 1965, §178-7(b);
Ord. No. 1893, 12-19-72; Ord. No. 2934, 8-2-
83; Ord. No. 2948, 9-20-83; Ord. No. 3298,
10-6-87)
G. Use of Vehicle as Sign. It shall
be unlawful to use a vehicle or a trailer as a
sign in circumvention of this chapter.
(Code 1991,§158.42; Code 1965,§17B -7(h); Ord. No.
1893, 12-19-72; Ord. No. 2934, 8-2-83; Ord. No. 2948,
9-20-83; Ord. No. 3298,10-6-87)
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H. Roof Signs. Roof signs shall not
be permitted except on appeal to the Board of
Sign Appeals.
(Code 1991, §158.46; Code 1965, §17B-8;
Ord. No. 1893, 12-19-72; Ord. No. 2262, 8-3-
76)
Cross Reference: Variance, Chapter 156.
I. Restrictions Along Controlled
Access Highways. No off -site sign shall be
permitted within 660 feet of the right-of-way
of any controlled access highway.
(Code 1991, §158.43; Code 1965, §17B -7(i);
Ord. No. 1893, 12-19-72; Ord. No. 2934, 8-2-
83; Ord. No. 2948, 9-20-83; Ord. No. 3298,
10-6-87)
§174.09 SIGN ILLUMINATION. Direct
illumination by incandescent light bulbs shall
be restricted to light bulbs rated at 25 watts or
less.
(Code 1991, §158.38; Code 1965, §17B -7(d);
Ord. No. 1893, 12-19-72; Ord. No. 2934, 8-2-
83; Ord. No. 2948, 9-20-83; Ord. No. 3298,
10-6-87)
§174.10 FREESTANDING SIGNS. It
shall be unlawful to erect any freestanding
sign which total height is greater than 30 feet
above the level of the street upon which the
sign faces. Freestanding signs located on
property which abuts both a controlled access
highway and a State or Federal numbered
highway may not be erected where the total
height of said sign is greater than 30 feet
above the plane of the pavement of the highest
road at the intersection. For any sign located
closer to street right-of-way than 40 feet the
maximum height shall be reduced one-half
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foot for each foot of setback less than 40 feet.
Freestanding signs shall be permitted to be
erected in the city subject to the following:
A. A-1 District.
1. Off -Site. Off -site
freestanding signs shall be prohibited.
2. On -Site. On -site
freestanding signs subject to the following:
a. Number of Signs.
Only one on -site freestanding sign shall be
permitted on a lot or at a business operating
on two or more adjoining lots.
b. Display Surface
Area. Display surface area shall not exceed
16 square feet.
c. Illumination. Sign
may be illuminated by indirect illumination
only.
d. Setback from
Right -of -Way. Sign shall be set back 35 feet
from existing street right-of-way and 25 feet
from any R or R -O District.
B. R and R -O Districts.
Freestanding signs shall be prohibited and no
freestanding signs shall be erected in any R or
R -O District of the city; provided, one
freestanding bulletin board per lot shall be
permitted, subject to the restrictions on
bulletin boards prescribed by §174.03 P.;
provided further, one on -site freestanding sign
shall be permitted on a lot or parcel zoned R-
2, R-3, or R -O subject to the following
restrictions:
1. Display Surface Area. The
maximum display surface area shall not
exceed four square feet;
2. Setback from Right -of -
Way. The sign shall be set back a minimum
of 15 feet from street right-of-way;
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3. Height. The height of the
sign shall not be greater than six feet above
the level of the street upon which the sign
faces;
4. Setback from R District.
The sign shall be set back a minimum of 25
feet from the boundary of any R District;
5. Adjoining Property. The
sign shall be erected a minimum of ten feet
from adjoining property;
6. Illumination. The sign may
be illuminated by indirect illumination only.
C. C Districts.
1. Number of Signs. Only one
on -site freestanding sign shall be permitted on
a lot, at a shopping center, or at a mall;
provided, only one on -site freestanding sign
shall be permitted for any business operating
on two or more adjoining lots.
2. Off -Site. Only one off -site
freestanding sign shall be permitted on any
vacant property of one ownership.
3. Freestanding Signs.
Freestanding signs shall be subject to the
following:
a. Display Surface
Area. Display surface area shall not exceed
ten square feet; provided, the display surface
area may be increased two square feet for each
one foot the sign is set back from street right-
of-way beyond 15 feet; provided further, the
maximum display surface area for a sign
which is set back from street right-of-way 40
feet or more shall be 75 square feet; provided
further, the maximum display surface area for
an on -site freestanding sign located on
property which abuts a controlled access
highway shall be 200 square feet.
b. Setback from
Right -of -Way. Set back shall be a minimum
of 15 feet from street right-of-way; provided,
an on -site freestanding sign located on
property which abuts a controlled access
highway shall be set back a minimum of 40
feet from street right-of-way of the service
road.
c. Adjoining Property.
May be erected a minimum of one foot from
adjoining property.
d. Illumination. Signs
may be illuminated by direct or indirect
illumination.
e. Setback from R or
RO District. Set back shall be a minimum of
25 feet from the boundary of any R or R -O
District.
4. Joint Identification Sign.
The display surface area of joint identification
signs may be increased to one square foot per
500 square feet of gross leaseable building
area, with a maximum display surface area of
300 square feet.
D. I Districts.
1. Number of Signs. Only
one on -site freestanding sign shall be
permitted on a lot, at a shopping center, or at
a mall; provided, only one on -site freestanding
sign shall be permitted for any business
operating on two or more adjoining lots.
2.
Off -Site.
Off -site
freestanding
signs
shall
be prohibited.
3. Freestanding Signs.
Freestanding signs shall be subject to the
following:
a. Display Surface
Area. Display surface area shall not exceed
ten square feet; provided, the display surface
area may be increased two square feet for each
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one foot the sign is set back from street right-
of-way beyond 15 feet; provided further, the
maximum display surface area for a sign
which is set back from street right-of-way 40
feet or more shall be 75 square feet; provided
further, the maximum display surface area for
an on -site freestanding sign located on
property which abuts a controlled access
highway shall be 200 square feet.
b. Setback from
Right -of -Way. Set back shall be a minimum
of 15 feet from street right-of-way; provided,
an on -site freestanding sign located on
property which abuts a controlled access
highway shall be set back a minimum of 40
feet from street right-of-way of the service
road.
c. Adjoining Property.
Signs may be erected a minimum of one foot
from adjoining property; provided, however,
said signs must be set back 25 feet from the
boundary of any R or R -O District.
E. P Districts. Freestanding signs
other than those permitted in §174.10 shall be
prohibited and no freestanding sign shall
hereafter be erected in the P Districts.
F. Space of Off -Site, Freestanding
Signs. No two off -site, freestanding signs
shall be spaced less than 200 feet apart;
provided, the minimum spacing provided
hereby shall not apply to signs separated by
buildings or other obstructions in such a
manner that only one sign is visible from the
street or highway at any one time.
(Code 1991, §158.47; Code 1965, §17B-9;
Ord. No. 1893, 12-19-72; Ord. No. 3008, 5-1-
84; Ord. No. 3029, 8-21-84; Ord. No. 3294, 9-
15-87)
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§ 174.11 PROJECTING SIGNS.
A. Sidewalks. It shall be unlawful to
erect any projecting sign that projects from the
wall of a building upon which it is erected a
distance of more than two-thirds of the width
of the sidewalk (in those instances where there
is a sidewalk next to the building) or within
two feet of street right-of-way (in those
instances where there is no sidewalk next to
the building); provided, no projecting sign
shall project more than six feet from the wall
of the building upon which it is erected.
B. Location. Projecting signs shall
be located on the vertical surface of a building
and shall not be higher than the eave or rafter
line, whichever is higher. Projecting signs
shall clear grade level below the sign by a
minimum of eight feet.
C. Display Surface Area. The
display surface area of a projecting sign shall
not exceed 16 square feet. Only one projecting
sign per business shall be permitted and a
projecting sign shall not be permitted on
property which has a freestanding sign.
D. Off -Site. Off -site projecting signs
shall be prohibited in all zoning districts.
E. On -Site. On -site projecting signs
shall be prohibited in A -I and R zoning
districts.
(Code 1991,§158.48; Code 1965, §17B-10;
Ord. No.1893,12-19-72; Ord. No.2255,7-20-
76)
§174.12 WALL SIGNS.
A. Projection.
1. General. Wall signs shall
not project more than 18 inches from the
surface upon which they are mounted.
2. Mansard Roof. The upper
edge of a wall sign mounted on a mansard
roof may project more than 18 inches so long
as the sign is perpendicular to the ground.
B. Number of Signs.
1. Multiple Tenants. Where
a building houses more than one business,
wall signs shall be limited in number to one
wall sign per business on each wall with a
limit of four wall signs per business per
building.
2. Single Tenant. Where a
building houses only one business, a
maximum of four wall signs may be placed on
one wall, but no more than four wall signs
may be placed on the building.
C. Display Surface Area.
1. Number of Signs. The
display surface area of all wall signs on any
one wall shall not exceed 150 square feet or
20% of the area of the wall on which they are
located, whichever is greater.
2. Multiple Tenants. In the
event a building which houses multiple
tenants does not front on the street or highway
from which principal access to the building is
obtained, the display surface area of each sign
on a wall shall not exceed 150 square feet or
20% of the area of the wall and the display
surface area of all wall signs on the wall
facing said street or highway shall not exceed
the area of the wall.
D. Off -Site Wall Signs. Off -site wall
signs shall be prohibited in all zoning districts.
E. Limitations in R and RO
Districts. In R and R -O zoning districts, the
following limitations shall apply:
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1. Number of Signs. Limit of
one on -site wall sign per business per
building; provided, when a building abuts
more than one street, the limit shall be one on -
site wall sign per business per building for
each wall which faces an abutting street.
2. Display Surface Area.
Display surface area shall not exceed 16
square feet.
(Code 1991, §158.49; Code 1965, §17B-11;
Ord. No. 1893, 12-19-72; Ord. No. 2309, 2-
15-77; Ord. No. 3217, 10-21-86; Ord. No.
3294, 9-15-87)
§174.13 AREA SIGNS.
A. Size/Location. The size and
location of the fence, wall, or other structure
which will contain the area identification sign,
must be approved by the Building Inspector,
who will approve such structure upon the
criterion of traffic safety sight lines.
B. Display Surface Area. The
maximum display surface area of area
identification signs shall not exceed 32 square
feet.
(Code 1991, §158.50; Code 1965, §17B-1 1.1;
Ord. No. 1996, 4-16-74)
Cross Reference: General Provisions, Chapter
150; Definitions, Chapter 151; Enforcement,
Chapter 153; Fees, Chapter 159; Variances,
Chapter 156; Boards and Commissions,
Chapter 33; Appeals, Chapter 155.
[DIVIDER 12: MOBILE HOMES]
CHAPTER 175: Mobile Homes and Mobile Home
Parks
175.01 Mobile Home Park Operator's
Permit
§ 175.02 Minimum Standards for Mobile
Home Parks
§ 175.03 Mobile Homes and Mobile Home
Parks Opened and Expanded After
April 20, 1972
CHAPTER 175:
MOBILE HOMES AND MOBILE HOME PARKS
§175.01 MOBILE HOME PARK
OPERATOR'S PERMIT.
A. Permit Required. It shall be
unlawful for any person to operate any mobile
home park within the limits of the City, unless
he holds a valid operator's permit issued by
the Enforcement Officer in the name of such
person for the specific mobile home park.
1. Applications. All
applications for permits shall be made to the
Enforcement Officer, who shall issue a permit,
to be valid for one year, then renewable
annually upon compliance by the applicant
with provisions of this chapter and of any
regulations adopted pursuant thereto, and of
any other applicable legal requirements.
2. No Permit Shall be
Transferable. Every person holding such a
permit shall give notice in writing to the
enforcement office within 24 hours after
having sold, transferred, given away, or
otherwise disposed of such operator's right to
control of the mobile home park for which
such permit was issued, and any such permit
shall then and there expire and immediately be
null and void. Such notice shall include the
name and address of the person succeeding to
the control of such mobile home park. No
successor to the right to operate said mobile
home park may commence operations until he
has been issued a valid permit as herein
required.
(Code 1991,§156.015; Code 1965, §13A-38;
Ord. No. 1509, 8-8-66)
B. Applications.
1. Operator's Permit.
Applications for operator's permits shall be in
writing, signed by the applicant, and
accompanied by an affidavit of the applicant
as to the truth of the statements and facts set
forth in the application and shall contain the
following:
a Applicant Identi-
fication. The name and address of the
applicant.
b. Interest of the
Applicant. The interest of the applicant in
and the location of the mobile home park.
2. Building Permit.
Applications for building permits for mobile
home parks shall be in writing, signed by the
applicant, and accompanied by an affidavit of
the applicant as to the truth of the statements
and facts set forth in the application, and shall
contain the following:
a. Plan. A complete
plan of the mobile home park, containing the
legal description, showing compliance with all
applicable provisions of this chapter and
regulations promulgated thereunder.
b. Otherlnformation.
Such further information as may be requested
by the Enforcement Officer to enable him to
determine that the proposed mobile home park
will comply with legal requirements.
c. Changes/New
Application. No changes or additions may
be made in the plat plan or construction of a
mobile home park except upon a new
application which shall be subject to the same
terms and conditions of the original
application.
3. Renewals. Applications for
renewals of operator's permits shall be made
in writing by the holder of the permit and shall
contain the following:
a. Changes. Any
change in the information submitted since the
time the original permit was issued or the
latest renewal granted.
b. Otherlnformation.
Such other information as the Enforcement
Officer may require.
4. Operation Without
Permit. No mobile home park may be
operated within the city limits, unless an
operator's permit shall be issued and in effect
at all times during said operation. Building
permits shall be required as provided under
the Building Regulations.
(Code 1991, § 161.016; Code 1965, § 13A-39;
Ord. No. 1509, 8-8-66)
C. Plans and Specifications;
Approval by Planning Commission.
1. Building and Construction
Permit. A complete plan, for the purpose of
obtaining a building and construction permit
to be issued by the Enforcement Officer shall
show:
a. Tract Information.
The area and dimensions of the tract of land.
b. Number/Location
of Spaces. The number, location, and size of
all mobile home spaces.
c. Roadways and
Walkways. The locations and width of
roadways and walkways.
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d. Service Buildings.
The location of service buildings and any
other proposed structures.
e. Water and Sewer
Lines. The location of water and sewer lines.
Written approval, signed by the
Superintendent of the Water and Sewer
Department, shall be required for all proposed
water and sewer main extensions.
f. Building and Other
Improvements. Plans and specifications of
all buildings and other improvements
constructed or to be constructed within the
mobile home park pursuant to such
application.
2. Approval. Prior to
issuance of a building permit, the complete
plan shall first be approved by the Planning
Commission.
(Code 1991, §156.018; Code 1965, §13A-41;
Ord. No. 1509, 8-8-66)
§175.02 MINIMUM STANDARDS FOR
MOBILE HOME PARKS.
A. Requirements to Conform to
Other Laws and Regulations. Mobile home
parks in existence on the effective date of this
chapter and operating in compliance with the
provisions of Ordinance No. 1115, passed
September 24, 1956, but not otherwise in
conformity with the provisions of this chapter,
may continue to so operate, subject however
to the requirements of this chapter as
contained in §175.01; §175.01 A., B.1., 3., 4.,
§175.02 A., E., T., O., P., Q.2., S. -X., and
further subject to the zoning, health, safety,
plumbing, electrical, and fire prevention laws,
ordinances, and regulations of the City and the
State.
(Code 1991, §156.030; Code 1965, §13A-6;
Ord. No. 1509, 8-8-66)
B. Required Total Area. The area
of the mobile home park shall be at least one
acre in size and shall be large enough to
accommodate:
1. The designated number of
mobile home spaces.
2. Necessary streets and
roadways.
3. Parking areas for motor
vehicles.
(Code 1991, §156.031; Code 1965, §13A-3;
Ord. No. 1509, 8-8-66)
C. Area Per Mobile Home Space.
1. Minimum Square Footage.
Each independent mobile home space shall
contain a minimum of 3,000 square feet, and
shall be at least 40 feet wide. Each dependent
mobile home space shall contain not less than
1,000 square feet and shall be at least 25 feet
wide. Width of spaces shall be measured
perpendicular to the center line of the mobile
home space at the center point of said center
line.
2. Drive/Access. Every
mobile home space shall abut on a driveway
or other clear area with unobstructed access to
a public street. Such spaces shall be defined.
Mobile homes shall be parked in such spaces
so that there will be a minimum of 20 feet
between independent mobile homes and 15
feet between dependent mobile homes, and so
that no mobile home will be less than ten feet
from the exterior boundary of the mobile
home park.
(Code 1991, §156.032; Code 1965, §13A-4;
Ord. No. 1509, 8-8-66)
D. Area in Existing Mobile Home
Parks. Mobile home spaces in mobile home
parks in existence on August 8, 1966, which
have a width or area less than the minimum
prescribed above, may continue in operation,
but the mobile home park in which such
spaces are located may not expand operations
unless the expanded portion of the mobile
home park is done in compliance with the
provisions of this chapter.
(Code 1991, §156.033; Code 1965, §13A-5;
Ord. No. 1509, 8-8-66)
E. Minimum Distance From Street
or Highway. It shall be unlawful to locate a
mobile home within a mobile home park less
than 25 feet from any public street or
highway, or so that any part of such mobile
home will obstruct any roadway or walkway
in a mobile home park.
(Code 1991, §156.034; Code 1965, §13A-7;
Ord. No. 1509, 8-8-66)
F. Prohibited Locations. It shall be
unlawful to allow:
1. Space Required. Any
mobile home to be occupied in a mobile home
park unless the mobile home is situated on a
mobile home space, or
2. Independent Mobile
Homes. An independent mobile home to be
located on a dependent mobile home space.
(Code 1991, §156.035; Code 1965, §13A-8;
Ord. No. 1509, 8-8-66)
G. Access Roads. Access roads shall
be provided to each mobile home space. Each
access road shall provide for continuous
forward movement, including the use of cul-
de-sacs (turn arounds), shall connect with a
street or highway, shall be hard surfaced with
at least a double seal coat, and shall have a
minimum width of 25 feet for two-way and 15
feet for one-way travel.
(Code 1991, §156.036; Code 1965, §13A-9;
Ord. No. 1509, 8-8-66)
H. Off -Street Parking. Off-street
parking areas shall be provided for the
parking of motor vehicles. Such area shall
accommodate at least a number of vehicles
equal to the number of mobile home spaces
provided.
(Code 1991, §156.037; Code 1965, §13A-10;
Ord. No. 1509, 8-8-66)
I. Public Telephone. Independent
mobile home parks or parks used primarily by
transient mobile homes, a clearly lighted,
adequately advertised public telephone shall
be installed and constantly maintained in each
mobile home park at a point as near the center
of said park as practicable. Such telephone
may require the use of a coin, on the same
basis as other public telephones, in order to
operate same; however, the telephone must be
so situated that it will be immediately
available to any occupant of the mobile home
park at any hour of the night or day and under
any weather conditions. The telephone
number of the police and fire department of
the City must be printed clearly and in legible
letters in such a position as to make them
instantly and conveniently visible to any
person operating said telephone.
(Code 1991, §156.038; Code 1965, §13A-11,
Ord. No. 1509, 8-8-66)
J. Service Buildings Required.
1. Required. Every mobile
home park servicing dependent mobile homes
shall be provided with at least one service
building adequately equipped with flush -type
toilet fixtures of a type approved by the state
board of health, and other sanitary facilities as
required in this chapter. No service building
shall contain less than one toilet for females,
one toilet for males, and one lavatory and
shower.
2. Sanitary Facilities. All
sanitary facilities required to be provided by
§175.02L shall be located in a service
building.
(Code 1991, §156.039; Code 1965, §13A-12,
Ord. No. 1509, 8-8-66)
K. Drainage Location. The mobile
home park shall be located on a well -drained
site, and shall be so located that its drainage
will not endanger any water supply. All such
mobile home parks shall be in areas free from
marshes, swamps, or other potential breeding
places for insects or rodents.
(Code 1991, §156.040; Code 1965, §13A-2;
Ord. No. 1509, 8-8-66)
L. Sanitary Facilities.
1. Facilities. Every mobile
home park that accommodates dependent
mobile homes shall provide not less than the
following facilities:
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a. For not more than
ten dependent mobile homes: Two water
closets, one lavatory and one shower for
females; one water closet, one urinal, one
lavatory and one shower for males.
b. For more than ten
dependent mobile homes, the following
additional fixtures shall be provided: One
lavatory and one shower for each sex for
every additional ten dependent mobile homes
or fraction thereof; one water closet for
females for every additional ten dependent
mobile homes or fraction thereof; one water
closet for males for every additional 15
dependent mobile homes or fraction thereof;
provided that urinals may be substituted for
not more than one-third of the additional
water closets.
2. Distance from Service
Building. Dependent mobile home spaces
shall be not more than 200 feet from a service
building.
3. Bathing Facilities. Toilet
and bathing facilities for female persons must
be in a separate room from the room housing
such facilities for male persons.
4. Location, Construction,
Ventilation, and the Like. Service buildings
shall:
a. Be located 15 feet or
more from any mobile home space and where
dependent mobile homes are accommodated
not more than 200 feet from a dependent
mobile home space.
b. Be of permanent
construction, and be adequately lighted at all
times.
c. Be of moisture -
resistant material, to permit frequent washing
and cleaning.
d. Have adequate heat-
ing facilities to maintain a temperature of 70°
F. during cold weather, and to supply
adequate hot water during time of peak loads.
e. Have all rooms well
ventilated, with all openings effectively
screened.
f. Provide separate
compartments with adequate locking devices
for each shower and water closet and a sound
resistant wall to separate male and female
toilet facilities.
5. Laundry Facilities. If
provided, laundry facilities shall be provided
in the ratio of one laundry unit to every 30
mobile home spaces and shall be in a separate
soundproof room of a service building or a
separate building.
(Code 1991, §156.041; Code 1965, §13A-15;
Ord. No. 1509, 8-8-66)
M. Water Supply.
1. Adequate Water Supply.
An accessible, adequate, safe, and potable
water supply shall be provided for each
mobile home park, capable of furnishing a
minimum of 150 gallons per day to each
mobile home space. Where a public supply of
water is available, connection shall be made
thereto and its supply shall be used
exclusively.
2. Connections. The water
system of the mobile home park shall be
connected by pipes to all buildings and all
mobile home spaces.
3. Water Piping. All water
piping shall be constructed and maintained in
accordance with state and local law; the water
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piping system shall not be connected with
nonpotable or questionable water supplies and
shall be protected against the hazards of
backflow or backsiphonage.
4. Drinking Fountains.
Where drinking fountains are provided for
public use, they shall be of a type approved by
the State Board of Health and in locations
approved by the Enforcement Officer.
5. Individual Water Service
Connections. Individual water -service
connections which are provided for direct use
by mobile homes shall be so constructed that
they will not be damaged by the parking of
such mobile homes.
(Code 1991, §156.042; Code 1965, §13A-16;
Ord. No. 1509, 8-8-66)
N. Sewage Disposal.
1. Plumbing Requirements.
All plumbing in the mobile home park shall
comply with State and City plumbing laws
and regulations.
2. Sewer Connection. Each
independent mobile home space shall be
provided with at least a four -inch sewer
connection. The sewer connection shall be
provided with suitable fittings, so that a
watertight connection can be made between
the mobile home drain and the sewer
connection. Such individual mobile home
connections shall be so constructed that they
can be closed when not linked to a mobile
home and shall be capped so as to prevent any
escape of odors.
3. Sewer Line Construction.
Sewer lines shall be constructed in accordance
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with plans approved in writing by the
Superintendent of the City Water and Sewer
Department or his authorized agent. All sewer
lines shall be adequately vented, and shall be
laid with sufficient earth cover to prevent
breakage from traffic.
(Code 1991, §156.043; Code 1965, §13A-17;
Ord. No. 1509, 8-8-66)
O. Refuse Disposal. The storage,
collection, and disposal of refuse in the mobile
home park shall be so managed as to create no
health hazards, rodent harborage, insect -
breeding areas, accident or fire hazards, or air
pollution.
1. Containers. All refuse
shall be stored in flytight, watertight, rodent -
proof containers, which shall be located not
more than 150 feet from any mobile home
space. Containers shall be provided in
sufficient number and capacity to properly
store all refuse.
2. Racks or Holders. Racks
or holders shall be provided for all refuse
containers. Such container racks or holders
shall be so designed as to prevent containers
from being tipped, to minimize spillage and
container deterioration, and to facilitate
cleaning around them.
3. Collection. All refuse shall
be collected at least twice weekly. Where
suitable collection service is not available
from municipal or private agencies, the
mobile home park operator shall provide this
service. All refuse shall be collected and
transported in covered vehicles or covered
containers.
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(Code 1991, §156.044; Code 1965, §13A-18;
Ord. No. 1509, 8-8-66)
P. Insect and Rodent Control.
Insect and rodent control measures to
safeguard public health as required by the
health officer shall be applied in the mobile
home park.
1. Larvicidal Solutions.
Effective larvicidal solutions may be required
by the health officer for fly or mosquito
breeding areas which cannot be controlled by
other, more permanent measures.
2. Insects and Obnoxious
Weeds. The health officer may require the
mobile home park operator to take suitable
measures to control other insects and
obnoxious weeds.
3. Accumulations of Debris.
Accumulations of debris which may provide
harborage for rodents shall not be permitted in
the mobile home park.
4. Extermination of Rodents.
When rats or other objectionable rodents are
known to be in a mobile home park, the
operator of such park shall take definite
action, as directed by the health officer, to
exterminate them.
(Code 1991, §156.045; Code 1965, §13A-19;
Ord. No. 1509, 8-8-66)
Q. Electricity; Exterior Lighting.
1. Outlets. An electrical
outlet supplying at least 115 volts shall be
provided for each mobile home space. The
installation shall comply with all applicable
State and City electrical codes and ordinances.
Such electrical outlets shall be grounded and
waterproof. No power supply line to the
mobile home space shall be permitted to lie on
the ground or be suspended less than ten feet
above the ground. No power supply line in a
mobile home park shall be suspended less
than 15 feet over any driveway.
2. Streets/Drives/Walks.
Public streets, driveways and walkways shall
be lighted at night with a minimum
illumination of at least 0.6 footcandles.
(Code 1991, §156.046, Code 1965, §13A-20;
Ord. No. 1509, 8-8-66)
R. Fuel. All piping from outside fuel
storage tanks or cylinders to mobile homes
shall be rigid iron pipe or AGA or UL labeled
flexible tubing, permanently installed, and
securely fastened in place, in such a manner as
to exclude it from the possibility of damage
by physical contact. All fuel storage tanks or
cylinders shall be securely fastened in place
and shall not be located inside or beneath the
mobile home or less than five feet from any
mobile home exit, and shall be located and
secured in such a manner as to not be
susceptible to damage by physical contact.
(Code 1991, §156,07; Code 1965, §13A-21;
Ord. No. 1509, 8-8-66)
S. Fire Protection.
I. Fire Prevention. The
mobile home park area shall be subject to the
rules and regulations of the fire prevention
authority of the City.
2. No Flammable Material.
Mobile home park areas shall be kept free of
litter, rubbish, and other flammable materials.
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3. Fire Extinguishers.
Portable fire extinguishers of a type approved
by the fire prevention authority shall be kept
in service buildings and shall be maintained in
good operating condition.
4. Smoke Detectors. All
mobile homes located in mobile home parks
shall be equipped with functioning, approved,
listed smoke detectors in accordance with the
manufacturer's recommendations and listings:
a. Mounting. A
smoke detector shall be mounted on the
ceiling or wall at a point centrally located in
the corridor or area giving access to each
group of rooms used for sleeping purposes,
and the installation thereof shall comply in all
particulars with Section 1125 of the Standard
Building Code.
b. Inspection. Every
mobile home park operator shall be
responsible for inspecting each rental mobile
home unit in the park between tenants for the
existence of a smoke detector, and for causing
same to be installed if not in existence when
inspected. The park operator shall keep
written records of inspection of rental units
containing the dates of inspection of each
rental unit in that park, and the number of
adequate smoke detectors present at
inspection. The inspection shall be completed
by September 1 of each year and as any
mobile home enters that park, it shall be
inspected for adequate smoke detectors and
added to such written records. This
information shall be made available to the Fire
Official upon request.
c. Liability. After
complying with the above provisions, neither
the mobile home park owner nor the operator
shall be held liable or negligent if a smoke
detector fails to function upon a fire in a
mobile home park.
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(Code 1991, §156.048; Code 1965, §13A-22;
Ord. No. 1509, 8-8-66)
T. Alterations and Additions.
1. Plumbing and Electrical
Repairs. All plumbing and electrical
alterations or repairs in the mobile home park
shall be made in accordance with applicable
local regulations.
2. Skirting. Skirting of mobile
homes is permissible, but area enclosed by
such skirting shall be maintained so as not to
provide a harborage for rodents, or create a
fire hazard.
3. Permanent Additions. No
permanent additions shall be built onto or
become a part of any mobile home unless they
are in accordance with building permits issued
by the Enforcement Officer and meet all set
back requirements.
(Code 1991,§156.049; Code 1965, §13A-23;
Ord. No. 1509, 8-8-66)
U. Animals and Pets. No owner or
person in charge of a dog, cat, or other pet
animal shall permit it to run at large, or to
commit any nuisance within the limits of any
mobile home park.
(Code 1991, §156.050; Code 1965, §13A-23;
Ord. No. 1509, 8-8-66)
V. Registration of Occupants.
1. Register. Every mobile
home park operator shall maintain a register
containing a record of all mobile homes and
occupants using the mobile home park. Such
register shall be available to any authorized
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person inspecting the park, and shall be
preserved for a period of two years. Such
register shall contain:
a. Identification. The
names and addresses of all mobile home
occupants stopping in the park;
b. License Number.
The make, model, and license number of the
motor vehicle and mobile home except in an
independent mobile home park;
c. State. The state,
territory, or county issuing the mobile home
license;
d. Dates. The dates of
arrival and departure of each mobile home;
and
e. Dependent/
Independent. Whether or not each mobile
home is a dependent or independent mobile
home.
2. Successor Operators. In
the event of a transfer of operating rights and
control, such registers must be delivered to
and retained for the said period by the
successor operator.
(Code 1991, §156.051; Code 1965, §13A-25;
Ord. No. 1509, 8-8-66)
W. Reporting of Communicable
Diseases. The operator shall notify the local
health officer immediately of any suspected
communicable or contagious disease within
the mobile home park. In the case of diseases
diagnosed by a physician as quarantinable, the
departure of a mobile home or its occupants,
or the removal therefrom of clothing or other
chapters which have been exposed to
infection, without approval of the Health
Officer, is prohibited.
(Code 1991, §156.052; Code 1965, §13A-26;
Ord. No. 1509, 8-8-66)
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X. Supervision; Maintenance and
Repair. The person to whom an operator's
permit for a mobile home park is issued shall
at all times operate the park in compliance
with this chapter and the regulations issued
thereunder, and shall provide adequate
supervision to maintain the park, its facilities
and equipment in good repair and in a clean
and sanitary condition at all times.
(Code 1991, §156.053; Code 1965, §13A-27;
Ord. No. 1509, 8-8-66)
§175.03 MOBILE HOMES AND MOBILE
HOME PARKS OPENED OR
EXPANDED AFTER APRIL 20, 1972.
A. Mobile Homes Restricted to
Mobile Home Parks; Exceptions. Mobile
homes shall be permitted in mobile home
parks but shall not be placed at any other
location in the City except pursuant to the
provisions of Zoning, Chapters 160-165.
(Code 1991, §156.066; Code 1965, §13B-1;
Ord. 1859, 3-20-72)
B. Development Requirements for
Mobile Home Parks.
1. Official Plat. Prior to
development of a mobile home park (or
extensively remodeling an existing mobile
home park) the developer shall be required to
submit to the City's Planning Commission for
review and approval an official plat of the
proposed mobile home park. Said official plat
of a mobile home park shall be subject to the
provisions of Development, Chapter 166, and
when approved by the City, shall be recorded
by the City Clerk in the office of the Circuit
Clerk and Ex Officio Recorder.
L
2. Mobile Home Park Street
Design. The official plat shall indicate all
interior and adjacent exterior streets and said
streets shall be subject to the following:
a. Location and
Width. The location and width of all streets
shall be subject to the City's Master Street
Plan.
b. Construction. All
streets shall be curbed, guttered and
constructed to meet the City's minimum street
design standards.
(Code 1991, §156.067; Code 1965, §13B-2;
Ord. 1859, 3-20-72)
C. Minimum Mobile Home Park
Design Standards.
1. Minimum Park Area
Requirements. The minimum site for a
mobile home park development shall be three
acres.
2. Park Site Location;
Drainage. The mobile home park shall be
located on a well -drained site, and shall be
located so that its drainage will not endanger
any water supply. All such mobile home
parks shall be in areas free from marshes,
swamps, or other potential breeding places for
insects or rodents.
3. Minimum Mobile Home
Lot Requirements in a Park. The minimum
mobile home lot shall:
a. Minimum Footage.
Contain a minimum of 4,200 square feet of
area.
b. Parking. Provide
for a hard surfaced off the street parking area
for two vehicles. The hard surface shall
-10-
consist of at least a double asphaltic seal coat.
4. Mobile Home Pad
Requirements. The mobile home pads in a
mobile home park shall be located on the
mobile home lot and designed in such a way
that:
a. Separation. Mobile
homes, including any attachment thereto, shall
be separated from each other at least 20 feet.
h Exterior Bound-
aries. Mobile homes shall be located at least
ten feet from any exterior boundaries of the
mobile home park adjacent to private
property.
c. Public Street.
Mobile homes shall be located at least 25 feet
from any public street.
5. Recreation Area.
a. Required.
Recreation areas and facilities should be
provided to the extent necessary to meet the
anticipated needs of the tenants the park is
designed to serve. In no event shall less than
8% of the gross park site area be devoted to
recreational facilities.
b. Maintenance.
Maintenance of recreation areas and facilities
shall be the responsibility of the person to
whom a mobile home park operator's permit
is issued under §175.01A through §175.01E,
provided, prior to the sale of any lot within a
mobile home park, the owner shall cause to be
included as part of the transfer of title to said
lot, a restrictive covenant in favor of the City
and in favor of property owners within the
park which shall require all owners to be
collectively responsible, under the terms of
this section, for the maintenance and upkeep
of the recreation area required hereunder after
50% or more of the total area within the
mobile home park has been sold.
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6. Tenant Storage Facilities.
Tenant storage facilities shall be provided on
each mobile home lot, or in compounds
located within a reasonable distance, generally
not more than 100 feet from each mobile
home pad. Storage facilities should be
designed in a manner to enhance the
appearance of the development and shall be
constructed of suitable weather resistant
materials appropriate under the use and
maintenance contemplated. A minimum of 90
cubic feet of tenant storage space shall be
provided for each mobile home pad.
7. Mobile Home Supports
and Manner of Tiedown.
a. Adequate Support
for Mobile Home. The mobile home support
shall not heave, shift or settle unevenly under
the weight of the mobile home due to frost
action, inadequate drainage, vibration, or other
forces acting on the structure.
Ii Anchors or
Tiedowns. Anchors or tiedowns, such as
cast -in place concrete dead men, eyelets
imbedded in concrete screw augers, or
arrowhead anchors shall be placed at least at
each comer of the mobile home and each
device shall be able to sustain a minimum
load of 4,800 pounds. Anchors or tiedown
design shall be equal to or better than that
recommended by the Mobile Homes
Manufacturers Association.
8. Required Screening.
Whenever the external boundaries of a mobile
home park abuts property in a R or R -O
District or a city street or highway, there shall
be provided in such park along the common
boundary line a screening wall meeting the
standards of Development, Chapter 166.
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9. Mobile Home Park
Structure Regulations.
a. Exclusive Use.
Structures placed in a mobile home park shall
be for the exclusive use of mobile home park
occupants.
b. Sanitary Facilities.
Every park shall provide community sanitary
facilities in a community building to be
located in the park with the following
emergency sanitary facilities:
(1). Toilets /
Sinks. For each 100 mobile home lots, or
fractional part thereof, there shall be one flush
toilet and one lavatory for each sex.
(2). Emergency
Facilities. The building containing such
emergency sanitary facilities shall be
accessible to all mobile homes.
c. Structures
Prohibited in Mobile Home Parks.
Temporary or permanent tents or tent like
structures shall not be permitted in a mobile
home park and the location of such a structure
is prohibited in mobile home parks.
10. Water Supply/Potable
Water. An accessible, adequate, safe, and
potable water supply shall be provided for
each mobile home park, capable of furnishing
a minimum or 150 gallons per day for each
mobile home space.
a. Connection. Where
a public supply of water is available,
connection shall be made thereto and its
supply shall be used exclusively.
b. Meter. Each mobile
home shall be provided with an individual
water meter and each mobile home shall be
individually metered.
c. Piping. All water
piping shall be constructed and maintained in
accordance with state and local law; the water
piping system shall not be connected with
nonpotable or questionable water supplies and
shall be protected against the hazards of
backflow or back-siphonage.
d. Drinking Fountain.
Where drinking fountains are provided for
public use, they shall be of a type approved by
the State Board of Health and in locations
approved by the Enforcement Officer.
e. Construction.
Individual water -service connections which
are provided for direct use by mobile homes
shall be so constructed that they will not be
damaged by the parking of such mobile
homes.
11. Electricity; Exterior
Lighting.
a. Outlet Supply. An
electrical outlet supplying at least 115 volts
shall be provided for each mobile home space.
The installation shall comply with all
applicable state and local electrical codes and
ordinances. Such electrical outlets shall be
grounded and weatherproof. No power supply
line to the mobile home space shall be
permitted to lie on the ground or be suspended
less than ten feet above the ground. No power
supply line in a mobile home park shall be
suspended less than 15 feet over any
driveway.
b. Connection. The
point of the electrical connection for the
mobile home should be within the area of the
mobile home pad and approximately 40 feet
from the front of the stand.
c. Grounding. All
exposed noncurrent -carrying metal parts of the
mobile homes and equipment shall be
grounded by means of an approved grounding
system. The neutral conductor shall not be
used as an equipment ground for mobile
homes or other equipment.
d. Exterior Lighting.
Adequate public lighting shall be provided for
all streets, walkways, buildings and other
facilities subject to nightime use in all mobile
home parks.
12. Fuel. All piping from
outside fuel storage tanks or cylinders to
mobile homes shall be rigid iron pipe or AGA
or UL labeled flexible tubing, permanently
installed, and securely fastened in place, in
such a manner as to exclude the possibility of
damage by physical contact. All fuel storage
tanks or cylinders shall be securely fastened in
place and shall not be located inside or
beneath the mobile home or less than five feet
from any mobile home exit, and shall be
located and secured in such a manner as to not
be susceptible to damage by physical contact.
13. Fire Protection.
a. Fire Regulations.
The mobile home park area shall be subject to
the rules and regulations of the fire prevention
authority of the City.
b. Litter. Mobile
home park areas shall be kept free of litter,
rubbish, and other flammable materials.
c. Fire Extinguishers.
Portable fire extinguishers of a type approved
by the fire prevention authority shall be kept
in service buildings and shall be maintained in
good operating condition.
14. Alterations and
Additions.
a Plumbing and
Electrical Repairs. All plumbing and
electrical alterations or repairs in the mobile
home park shall be made in accordance with
applicable local regulations.
b. Permanent
Additions. No permanent additions shall be
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built onto or become a part of any mobile
home unless they are in accordance with
building permits issued by the Enforcement
Officer and meet all setback requirements.
15. Supervision;
Maintenance and Repair. The person to
whom an operator's permit for a mobile home
park is issued shall at all times operate the
park in compliance with this chapter and the
regulations issued thereunder, and shall
provide adequate supervision to maintain the
park, its facilities and equipment in good
repair and in clean and sanitary condition at
all times.
16. Existing Mobile Home
Parks. Nothing in this chapter shall be
interpreted to apply to mobile home parks in
existence on March 20, 1972. Provided,
however, that mobile home parks lawfully
operating on March 20, 1972 may not expand
operations unless the expended portion of the
mobile home park is in compliance with these
provisions. Further provided, that mobile
home parks in existence on March 20, 1972
and in compliance with the provisions of
§175.01 A. through E. but not otherwise in
conformity with the provisions of this section,
may continue to operate, subject however to
those portions of § 175.01 A. through E. which
are not in conflict with the provisions of this
section and further subject to the zoning,
health and fire prevention laws, ordinances,
and regulations of the City and the State.
(Code 1991, §156.068; Code 1965, §13B-3;
Ord. No. 1859, 3-20-72; Ord. No. 2319, 4-5-
77)
D. Mobile Home Park Operator's
Permit Required.
1. Park Operator's Permit
Required. It shall be unlawful for any person
' -13-
to operate any mobile home park within the
limits of the City, unless he holds a valid
operator's permit issued by the enforcement
officer in the name of such persons for the
specific mobile home park.
a. Applications. All
applications for permits shall be made to the
Enforcement Officer, who shall issue a permit,
to be valid for one year, then renewable
annually, upon compliance by the applicant
with provisions of this chapter and of any
regulations adopted pursuant thereto, and of
any other applicable legal requirements.
b. No Permits Shall
be Transferrable. Every person holding such
a permit shall give notice in writing to the
Enforcement Officer within 24 hours after
having sold, transferred, given away, or
otherwise disposed of such operator's right to
the control of the mobile home park for which
such permit was issued, and any such permit
shall then and there expire and immediately be
null and void. Such notice shall include the
name and address of the person succeeding to
the control of such mobile home park.
c. Successor. No
successor to the right to operate said mobile
home park may commence operations until he
has been issued a valid permit as herein
required.
2. Park Operator's Permit
Application. Applications for operator's
permits to operate a mobile home park shall
be in writing, signed by the applicant, and
accompanied by an affidavit of the applicant
as to the truth of the statements and facts set
forth in the application and shall contain the
following:
a. A p p I i c a n t
Identification. The name and address of the
applicant.
b. Location. The
interest of the applicant in and the location of
the mobile home park.
3. Park Operator's Permit
Renewal. Applications for renewals of
operator's permits shall be made in writing by
the holder of the permit and shall contain the
following:
a Changes in
Information. Any change in the information
submitted since the time the original permit
was issued or the latest renewal granted.
b. Other Information.
Such other information as the Enforcement
Officer may require.
4. Opening Park Without
Permit. No mobile home park may be
operated within the city limits, unless an
operator's permit shall be issued and in effect
at all times during said operation.
E. Mobile Home Park Building
Permits.
1. Building Permit to
Construct Park Required. Applications for
building permits for mobile home parks shall
be in writing, signed by the applicant, and
accompanied by an affidavit of the applicant
as to the truth of the statements and facts set
forth in the application, and shall contain the
following:
a. Mobile Home Park
Plan. A complete plan of the mobile home
park, containing the legal description,
showing compliance with all applicable
provisions of this chapter and regulations
promulgated thereunder.
b. Otherlnformation.
Such further information as may be requested
by the Enforcement Officer to enable him to
determine that the proposed mobile home park
-14-
will comply with legal requirements.
c. Changes/Additions.
No changes or additions may be made in the
plot plan or construction of a mobile home
park except upon a new application which
shall be subject to the same terms and
conditions of the original application.
2. Plans and Specifications.
Plans and specifications required for mobile
home park building permit. A complete plan,
for the purpose of obtaining a building permit
to construct a mobile home park to be issued
by the Enforcement Officer shall show:
a. Area. The area and
dimensions of the tract of land.
Ii Number of Spaces.
The number, location, and size of all mobile
home spaces.
c. Location. The
location and width of roadways and
walkways.
d. Services Buildings.
The location of service buildings and other
proposed structures.
e. Water Sewer Lines.
The location of water and sewer lines.
f. Other Improve-
ments. Plans and specifications of all
buildings and other improvements constructed
or to be constructed within the mobile home
park pursuant to such application.
3. Requirement of Plan
Approval by City and State Agencies.
a. Approval. Plans
and specifications for mobile home parks must
be reviewed and approved prior to starting
construction and the issuance of a building
permit as follows:
(1). City Plan-
ning Commission.
(2). State Board
of Health.
b. Entire Site. This
applies to the entire site, grocery stores, lunch
counters, food handling facilities and
swimming pools.
(Code 1991, §156.69; Code 1965, §13B-5;
Ord. No. 1859, 3-20-72)
F. Inspections; Authority of Heath
Officers.
1. Safeguard Health and
Safety. The Health Officer is hereby
authorized and directed to determine the
condition of mobile home parks located
within the city, in order that he may perform
his duty of safeguarding the health and safety
of occupants of mobile home parks and the
general public.
2. Right of Entry. The
Health Officer shall have the power to enter at
reasonable times upon any mobile home park
for the purpose of inspecting and investigating
conditions relating to the enforcement of this
chapter or of regulations promulgated
thereunder.
(Code 1991, §156.71; Code 1965, §13B-6;
Ord. No. 1859, 3-20-72)
G. Duty of Owners or Occupants.
It shall be the duty of the owners or occupants
of mobile home parks, and mobile homes
contained therein, or of the person in charge
thereof, to give the Health Officer and/or
Enforcement Officer free access to such
premises at reasonable times for the purpose
of inspection.
-15-
1. Grounding Connection. It
shall be the duty of the mobile home park
operator to see that every occupant of a
mobile home makes the grounding connection
to his mobile home.
2. Mobile Home Skirting. It
shall be the duty of the park operator to see
that every occupant of a mobile home install
fire resistant mobile home skirting acceptable
to the Enforcement Officer around his mobile
home within 60 days after the locating of the
mobile home in the pad.
3. Anchoring Cables. It shall
be the duty of the mobile home park operator
to furnish suitable anchoring cables or devices
acceptable to the Enforcement Officer for
every mobile home located in his mobile
home park. It shall be the responsibility of the
park operator to supervise the proper
placement and use of these anchoring devices.
4. Anchor Devise. It shall be
the duty of every occupant of a mobile home
to secure the mobile home by attaching the
anchoring devices.
5. Utilities Connection. It
shall be the duty of the park operator to see
that all utility connections are installed in
accordance with the Code of Fayetteville.
(Code 1991, §156.072; Code 1965, §13B-7;
Ord. No. 1859, 3-20-72)
H. Granting Access Rights for
Purposes of Repairs or Alterations. It shall
be the duty of every occupant of a mobile
home park to give the owner thereof or his
agent or employee access rights to any part of
such mobile home park or its premises at
reasonable times for the purpose of making
such repairs or alterations as are necessary to
effect compliance with this chapter, or with
any lawful order issued pursuant to the
provisions of this chapter.
(Code 1991, §156.073; Code 1965, §13B-8;
Ord. No. 1859, 3-20-72)
I. Report of Violations to
Enforcement Officer. The Health Officer
shall report any violations of this chapter to
the Enforcement Officer, who shall
immediately take or institute appropriate
action to correct said violation and enforce the
provisions hereof.
(Code 1991, §156.074; Code 1965, §118-9;
Ord. No. 1859, 3-20-72)
a Authority of Enforcement
Officer. The Enforcement Officer is hereby
authorized to promulgate written regulations
as may be necessary for the proper
enforcement of the provisions of Chapter 175.
Such regulations shall be submitted to the City
Council and shall have the same force and
effect as the provisions of Chapter 175.
(Code 1991, § 156.090; Code 1965, § 13B-54;
Ord. No. 1859, 3-20-72)
K Inspections; Authority of Health
Officer.
1. The Health Officer is
hereby authorized and directed to determine
the condition of mobile home parks located
within the City, in order that he may perform
his duty of safeguarding the health and safety
of occupants of mobile home parks and of the
general public.
2. The Health Officer shall
have the power to enter at reasonable times
-16-
upon any mobile home park for the purpose of
inspecting and investigating conditions
relating to the enforcement of this chapter or
of regulations promulgated thereunder.
3. The Health Officer and/or
Enforcement Officer shall have the power to
inspect the register containing a record of all
mobile homes and occupants using the mobile
home park.
(Code 1991, §156.091; Code 1965, §13B-55;
Ord. No. 1859, 3-20-72)
L. Duty of Owners or Occupants. It
shall be the duty of the owners or occupants of
mobile home parks, and mobile homes
contained therein, or of the person in charge
thereof, to give the Health Officer and/or
Enforcement Officer free access to such
premises at reasonable times for the purpose
of inspection.
(Code 1991, §156.092; Code 1965, §13B-55;
Ord. No. 1859, 3-20-72)
M. Granting access Rights for
Purposes of Repairs or Alterations. It shall
be the duty of every occupant of a mobile
home park to give the owner thereof or his
agent or employee access rights to any part of
such mobile home park or its premises at
reasonable times for the purpose of making
such repairs or alterations as are necessary to
effect compliance with this chapter, or with
any lawful regulations adopted thereunder, or
with any lawful order issued pursuant to the
provisions of the chapter.
(Code 1991, §156.093; Code 1965, c2113B-
56; Ord. No. 1859, 3-20-72)
N. Report of Violations to
Enforcement Officer. The Health Officer
shall report any violations of this chapter to
the Enforcement Officer, who shall
immediately take or institute appropriate
action to correct said violation and enforce the
provisions hereof.
(Code 1991, §156.094; Code 1965, §13B-57;
Ord. No. 1859, 3-20-71)
Cross Reference: Enforcement, Chapter 163;
Appeal, Chapter 155.
-17-
INDEX
I
1
1
1
1
1
A.
ADMINISTRATION
1-30
Streets and Sidewalks
1-30
Flood Damage Prevention
1-30
Signs
1-30
Development
1-30
Zoning
1-30
Use Conditions
1-30
Nonconforming Uses and
Structures
1-30
Airport Zoning
1-30
Parking and Loading
1-30
Physical Alteration of Land
1-30
Tree Protection and
Preservation
1-30
Stormwater Management,
Drainage and Erosion
Control
1-30
AMENDMENTS
1-37
Administration
1-30
Appeals - Rezoning
1-40
City Council
1-37
Referral to Planning Commission
1-37
Without Referral to Planning
Commission
1-37
Planning Commission
1-37
Private Party
1-37
Petition
1-37
Action by Planning Commission
1-38
-1-
Action by City Council 1-38
Withdrawal 1-38
AIRPORT ZONE 2-75
(See Also Zoning, Airport)
Administration 1-30
Appeals - Interpretation by Inspection
Division Director 1-41
Variance 1-51
APPEALS
1-40
Circuit Court
1-40
FomvTime/Place
1-40
Stay
1-40
Alderman Appeal on Behalf
of Resident
1-40
Appeals from Planning
Commission Decisions
1-40
To City Council:
Rezoning Request
1-40
Preliminary Plat/LSD
1-41
Neighborhood Park
1-41
Major Development
1-41
To Housing Board:
Mobile Homes and Mobile Home
Parks:
-Denial of Permit
1-41
-Suspension or Revocation
of Permit
1-41
Appeals from Staff Interpretations/
Actions
1-41
To City Council:
-City Planner/Design Overlay
District Requirements
1-41
-City Engineer/Drainage 1-41 BED AND BREAKFAST 2-53
To the Board of Adjustment:
1-41
BONDS AND GUARANTEES
1-59
-City Planner/Zoning
1-41
Guarantees in Lieu of Installed
-Inspection Division Director/
Improvements
1-59
Airport Zone
1-41
-Subdivision and Residential
Large Scale Developments
1-59
To the Board of Sign Appeals:
1-42
-Other Large Scale Developments
1-59
-Remedies
-Building Inspector
1-42
Deposit of U.S. Currency
1-59
Irrevocable Letter of Credit
1-60
Performance/Surety Bond
1-60
To the Planning Commission:
1-42
Excavation in Public Right -of -Way
1-60
-Floodplain Administrator 1-42
-City Planner/Subdivision
1-42
Maintenance
1-60
-City Engineer/Grading
1-42
Requirements
Installed Improvements
1-60
-Landscape Administrator 1-42
Stormwater Management,
Drainage and Erosion Control
1-60
To the Construction Board of
Grading 1-61
Adjustment and Appeals
1-42
Bonds/Sureties
1-61
Appeals from Board of Sign Appeals 1-42
BUFFER STRIPS 3-27
To City Council 1-42
Variance 1-45
Appeals to the Housing Board 1-43
BUILDING CODE 10-2
Mobile Homes and Mobile Home (See Also Fire Prevention Code)
Parks:
Permit Denied 1-43
Permit Suspended 1-43
Petition Deadline 1-43 BUILDING REGULATIONS 10-1
Appeals (Construction Board of Adjustment
ANIMALS AND FOWL 2-52 and Appeals) 1-42
AUTHORITY 1-1 General Provisions 10-1
Permits 10-1
AUTO GARAGES 2-52 Liability Insurance 10-1
Responsibilities of Permit
Applicant 10-1
Exemptions 10-2
B Uncovering Work 10-2
Certificate of Occupancy 10-2
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Fire Prevention Code 10-2
Adoption by Reference 10-2
Amendments, Additions
and Deletions to Building Code
10-2
-Construction Documents
10-2
-Footing
10-3
-Concrete Floors
10-3
-Crawl Space
10-3
-Signs
10-3
-Portable Buildings
10-3
-Reroofing
10-3
Amendments; Additions and
Deletions to the Fire Prevention
Code
10-3
-Sprinklers 10-3
Fire Zones 10-4
Electrical Code 10-6
Adoption by Reference 10-6
Amendments, Additions and
Deletions
10-6
-Responsibilities of Master
Electricians
10-6
-Exemptions 10-6
-Permits Required/
Qualifications
10-6
-Power Company
10-7
-Miscellaneous Provisions
10-7
-Neon Lighting
10-7
Inspections and Tests 10-7
Gas Piping Code 10-8
Adoption by Reference 10-8
Amendments, Additions and
Deletions 10-8
-Exemptions 10-8
-Permit Required/Qualifications 10-8
-Miscellaneous Requirements 10-8
-Inspect and Test 10-8
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Plumbing Code
10-9
Adopt by Reference
10-9
Amendments, Additions and
Deletions
10-9
-Permit Required
10-9
-Failure to Permit and Inspect
10-9
Inspection and Tests
10-9
Mechanical Code
Adopt by Reference
10-10
Amendments, Additions and
Deletions
10-10
-Permit Required
10-10
-Inspections and Test
10-10
-Right to Inspect
10-10
Unsafe Buildings
10-10
Abatement
10-11
Homebuilders Registration
10-11
BUILDING PERMITS
3-33
Application
3-33
Expiration
3-34
Suspension
3-34
Enforcement
1-33
BULK AND AREA
(See Zoning Regulations) 2-4
Variance 1-46
C.
CARNIVAL, CIRCUS 2-53
CERTIFICATE OF OCCUPANCY 10-2, 3-15
D
Enforcement
1-33
DESIGN STANDARDS
3-24
(See Also Development)
CHILD CARE
2-54
Variance
1-47
COMMERCIAL DESIGN
STANDARDS 3-29
DESIGN OVERLAY DISTRICT 2-22
(See Also Zoning)
CONDITIONAL USES
(See Also Zoning)
2-49
Appeals
1-41
Administration
1-30
Variance
1-44
Notice and Public Hearings
1-56,1-57
Requirements
2-22
CONFLICTS
Boundaries
2-22
Regulations and Standards
2-22
Other Code Requirements
1.2
Nonresidential Site Design and
Development Standards
2-22
General Plan
1-2
Nonresidential Developments and
Multiple Building Sites
2-33
Private agreements
1-2
Large Scale Development
2-33
Exemptions
2-33
A.C.A. Amendments
1.2
DEVELOPMENT
3-1
CONSTRUCTION, RULES OF
Administration
1-30
City
1-3
Variance
1-46
City Council
1-3
Subdivision Approval
3-1
Computation of Time
1-3
Concept Plat
3-1
County
1-3
Preliminary Plat
3-2
-Appeals
1-41
Gender
1-3
Final Plat
3-3
Number
1-3
Plat Requirements
3-4
-Signatures Required
3-6
Oath
1-3
-Number of Plats
3-6
-Original Plan Drawings
3-4
or/and
1-3
-Plat Information
3-4
Urban Subdivision
3-6
Owner
1-3
-Monuments 3-7
-Lot Stakes
3-7
State
1-3
-Streets
3-7
-Curbs and Gutters
3-7
Time
1-3
-Sidewalks
3-7
-4-
I
-Storm Drainage Systems 3-7 Changes within PUD 3-18
-Culverts and Bridges 3-7 Lot Splits within PUD 3-18
-Water Supply 3-7 Review Procedure 3-18
' -Sanitary Sewer System 3-8 Preliminary PUD Plan 3-19
-Streetlights 3-8 Final PUD Plan 3-19
-Required Dedication of Land Design Standards 3-20
' for Public Park Sites Open Space 3-21
(Greenspace) 3-9 Height 3-22
-Greenspace in Major Natural Features 3-22
Developments 3-10 View Protection 3-22
' Construction Non Residential
Suburban Subdivision 3-11 Facilities 3-22
-Monuments 3-11 Signs 3-22
-Lot Stakes 3-11
-Streets 3-11 Required Off -Site Improvements 3-22
-Curbs and Gutters 3-12
-Stoma Drainage Systems 3-11 Generally; Requirements
-Culverts and Bridges 3-11 of Subdivider 3-22
-Water Supply 3-12 Delayed Improvements 3-23
-Sanitary Sewer Systems 3-12 Determining Necessity of Off
-Required Dedication of Land Site Improvements 3-23
for Park Sites State Highways 3-23
(Greenspace) 3-12
-Exceptions to Required Design Standards 3-24
' Improvements 3-12
Variance 1-47
Large Scale Development 3-13 Intent 3-24
' Fitness for Development 3-24
Appeals 1-41 Street Design Principles 3-24
Larger than One Acre 3-13 Residential Blocks 3-26
Review and Approval 3-13 Easements 3-26
' Building Permit 3-13 Residential Lots 3-26
Certificate of Occupancy 3-15
As Built Plot Plan 3-15 Condition of Acceptance 3-27
Minor Modifications 3-15
Excluded Developments 3-15 Buffer Strips and Screening 3-27
Building and Moving Permit 3-15
General Requirements 3-27
' Buffer Strips Requirements 3-27
Planned Unit Development Fence Requirements 3-27
Screening Requirements 3-28
' Purpose 3-16
Approval 3-16 Conformance to Plans and
Zoning Districts 3-16 Regulations 3-28
Commercial and Industrial Uses 3-17
Authorization and Permitted Uses 3-16 Reserve Sites of Public Use 3-29
PUD Types 3-17 Future Acquisition 3-29
Processing PUDs 3-17
Density 3-17 Structures Not Allowed Over Public
Setback Area 3-17 Easements 3-29
Perimeter 3-18
Setbacks 3-18 Underground Utility Wires 3-29
' Internal Spacing 3-18
PUD Expansion 3-18
Site Development Standards and
Construction and Appearance
Design Standards for Commercial
Structures (Commercial Design
Standards)
3-29
Purposes
3-29
Zoning District
3-30
Site Development Standards
3-30
Landscape
3-30
Screening
3-31
Fences
3-21
Site Coverage
3-32
Driveways
3-32
Design Elements Guidelines
3-32
Elements to Avoid
3-32
Construction and
Appearance Design
Standards
3-32
Design Review Submittals
3-33
Build Out
3-33
Appeals
3-33
Variances
3-33
Application for Building Permit
3-33
Application
3-33
Approval Denial
3-34
Expiration of Building Permit
3-34
Construction to be as Provided in
Application, Plan, Permits
3-34
Suspending Issuance of Permits
Pending Zoning Amendments
3-34
DEFINITIONS 1-6
DRAINAGE 7-1
(See Also Stonnwater Management,
Drainage and Erosion Control)
Appeals 1-41
DUPLEX IN R-1 DISTRICT 2-56
E.
ELECTRICAL CODE 10-6
Adoption by Reference 10-6
Amendments, Additions and
Deletions 10-6
Responsibilities of Master
Electricians
10-6
Exemptions
10-6
Permits Required/Qualifications
10-6
Power Company
10-7
Miscellaneous Provisions
10-7
Inspections and Tests 10-7
ENFORCEMENT
Complaints 1-31
Right of Entry and Inspection 1-31
Tree Protection and Preservation 1-31
Physical Alteration of Land 1-31
Mobile Homes 1-31
Liability
Owner of Record
1-31
Others
1-31
Notice of Violation
1-31
Content
1-31
Service
1-31
Emergencies
1-32
Remedial Work
Remedial Work
1-32
Lien
1-32
Permit Revocation
1-32
Stop Work Order
1-32
Failure to Perform Remedial Work
1-32
Failure to Obtain Permit or Plan
1-32
Noncompliance/Tree Preservation
Plan
1-32
I
Miscellaneous Remedies: General 1-64
Permit Valuation 1-64
Garage Sale Signs 1-33 Exemption from Permit Fees 1-64
' Occupancy Without Certificate Building Construction 1-64
of Occupancy 1-33 -Electrical
Noncompliance with Tree -Gas
Preservation and Protection -Mechanical
Standards, Specification and -Plumbing
Guidelines 1-33
Subdivision Regulations
' -Plat Not Accepted for Filing 1-33 FIRE PREVENTION CODE 10-2
-No Metes and Bounds (Building Regulations)
Conveyance 1-33
' -No Dedication of Streets 1-33 Appeals 1-42
-No Building Permit 1-33
Sexually Oriented Business 1-34 Adoption by Reference 10-2
Mobile Homes and Mobile
' Home Parks 1-34 Amendments, Additions
Signs 1-34 and Deletions to Building Code 10-2
Construction Documents 10-2
PENALTY
General 1-35 Footing 10-3
(See also §10.99)• Concrete Floors 10-3
' Other Lawful Action 1-35 Crawl Space 10-3
Signs 10-3
Portable Buildings 10-3
' Reroofing 10-3
F Amendments; Additions and
Deletions to the Fire Prevention
FEES 1-62 Code 10-3
Sprinklers 10-3
General 1-62
Signs 1-62 FIRE ZONES 10-4
Development 1-62
' Physical Alteration of Land 1-63 FLOOD DAMAGE PREVENTION CODE
Adoption by Reference 5-1
' Drainage 1-63
Administration 1-30
Private Party Zoning Amendment 1-63
' Streets and Sidewalks 1-63 Appeals 1-42
Conditional Uses 1-63
' Board of Adjustment 1-63 G
Building Permits 1-64
GASOLINE SERVICE STATION 2-58
7
I
GRANNY UNIT 2-54
(See also Detached Second Dwelling)
GARAGE SALES 2-57
Enforcement 1-33
INSPECTION
(See Also Building Regulations)
J.
10-1
GAS PIPING CODE
10-8
JURISDICTION 1-1
Adoption by Reference
10-8
Amendments, Additions and
Deletions
10-8
K
Exemptions
10-8
Permit Required/Qualifications
10-8
Miscellaneous Requirements
10-8
Inspection and Test
10-8
L.
GRADING AND EXCAVATION
LARGE SCALE DEVELOPMENT
3-13
(See Also Physical Alteration of
Land)
6-1
Appeals
1-41
Appeals
1-42
Notice and Public Hearings
1-53
Larger than One Acre
3-13
GREENSPACE
Review and Approval
3-13
Variance: Major Development
1-48
Building Permit
3-13
Certificate of Occupancy
3-15
H
Completion of Development/As Built
Plot Plan
3-15
Minor Modifications
3-15
HOME OCCUPATIONS
2-58
Excluded Developments
3-15
HOMEBUILDERS REGISTRATION
10-11
Building and Moving Permit
3-15
I.
INDUSTRIAL PARK
LIMITED NEIGHBORHOOD COMMERCIAL
USES WITHIN RESIDENTIAL DISTRICTS
2-59
2-59 LIQUOR STORES, RETAIL
-8-
2-64
Appeals 1-41
LOT SPLITS 1-48
(Subdivision Creating Only One Lot)
LOT LINE ADJUSTMENT 1-49
M.
MECHANICAL CODE
Adopt by Reference 10-10
Amendments, Additions and
Deletions 10-10
Permit Required 10-10
Inspections and Test 10-10
Right to Inspect 10-10
MOBILE HOMES (Zoning) 2-62
MOBILE HOMES AND MOBILE HOME
PARKS 12-1
Appeals 1-43
Enforcement 1-34
MOBILE HOMES AND MOBILE
HOME PARKS OPENED AND
EXPANDED AFTER 4-20-92 12-9
Appeals 1-43
Enforcement 1-34
N.
NEIGHBORHOOD PARK 3-10
(Greenspace Requirement for
Major Development)
NONCONFORMING USES
AND STRUCTURES 2-70
Administration 1-30
NOTIFICATION AND
PUBLIC HEARINGS 1-53
General Requirements/Information 1-53
Notice
1-53
Assessment Records
1-53
Who May be Heard
1-53
Development
1-53
Large Scale Development
1-53
Planned Unit Development
1-54
Subdivisions
1-54
Side Yards
1-55
Zoning
1-55
Zoning Map Amendments
1-55
Board of Adjustment Hearings
1-55
Conditional Uses
Public Hearing
1-56
Dance Halls
1-56
Bed and Breakfasts
1-56
Home Occupations
1-56
Duplexes Uses in R-1
Districts
1-57
Facilities Emitting Odors and
Facilities Handling Explosives
1-57
Vacations of Streets, Alleys, Rights of
Way and Easements
1-57
Appeals of Staff Decisions/Interpretations 1-57
Mobile Homes and Mobile Home Parks 1-58
O.
OFF SITE IMPROVEMENTS 3-22
-9-
Variance 1-48 Building Permits
General
3-33
OTHER PROVISIONS OF CODE OF
Large Scale Development
3-13
FAYETTEVILLE 1-2
Mobile Home Parks
12-1
Electrical Permit
10-6
General
10-1
OVERLAY DISTRICT 2-22
Gas Permit
10-8
(See Also Design Overlay District)
General
10-1
Plumbing Permit
10-9
General
10-1
Mechanical Permit
10-10
P
General
10-1
Mobile Homes and Mobile
Home Parks
12-1
PARKS 3-10
(See Also Neighborhood Parks)
(See Also Greenspace)
PARKING AND LOADING
9-1
Administration
1-30
Offstreet Parking Lot Design Requirements
9-1
Parking Lot Construction
Standards
9-1
Parking Lot Design Standards
9-3
Standards for Number of Spaces
9-5
Parking Lot Location Standards
9-8
Standards for Number of Spaces
9-6
Parking Lot Location Standards
9-9
Parking Lot Landscape Standards
9-6
Perimeter Landscape Requirements
9-10
Nonconforming Parking Lots
9-11
Off Street Loading
9-12
Number of Off Street
Loading Berths
9-12
Location of Off Street
Loading Berths
9-12
PARKING LOTS
(See Also Parking and Loading) 9-1
PERMITS
Sign Permits
10-
PHYSICAL ALTERATION OF LAND 6-I
Administration 1-30
Appeals
1-42
General Requirements
6-1
Permit Required
6-1
Exception
6-1
Minimal Erosion Control Requirements
6-2
One Time Approvals
6-2
Land Alteration Guidelines
6-3
Excavation and Grading Manuel
6-3
Cut or Fill Slopes
6-3
Cuts
6-3
Fills
6-4
Erosion and Sedimentation
Control
6-4
Grading Plan Specifications
6-5
Grading Plan
6-5
Preliminary Grading Plan
6-6
Grading Plan Submittal
6-6
Minor Modification
6-6
Approval
6-7
Discovery of Historic Resources
6-7
Open Space
3-21
Certificate of Occupancy
6-7
Height
3-22
Owners Responsibility
6-7
Natural Features
3-22
View Protection
3-22
PLANNED UNIT DEVELOPMENT
Construction of Non Residential
Notification and Public Hearing
1-54
Facilities
3-22
Variance
1-48
Signs
3-22
Purpose
3-16
PLUMBING CODE
10-9
Approval
3-16
Adopt by Reference
10-9
Authorization and Permitted Uses
3-16
Amendments, Additions and Deletions
10-9
PUD Types
3-17
Permit Required
10-9
Processing PUDs
3-17
Failure to Permit and Inspect
10-9
Density
3-17
Inspection and Tests
10-9
Setback Area
3-17
PREVIOUS ORDINANCES
1-2
Perimeter
3-18
Setbacks
3-18
PUBLIC HEARINGS
1-53
Internal Spacing
3-18
PURPOSE
1-1
PUD Expansion
3-18
Changes within PUD
3-18
PUBIC PROPERTY
Lot Splits within PUD
3-18
Easements
3-29
Review Procedure
Concept Plat
3-18
Preliminary PUD Plan
3-19
Q
Final PUD Plan
3-19
Design Standards
3-20
Re
Sidewalks
3-20
Street Lights
3-20
Water
3-20
REZONING
1-37
Sewer
3-20
(See Also Amendments)
Parking
3-20
Streets
3-20
-11-
Appeals 1-40
RIDING STABLES 2-65
S.
SCREENING 3-27
(See Buffer Strips and Screening)
SEXUALLY ORIENTED BUSINESS 2-65
Enforcement 1-34
SEVERABILITY
1-4
SIDEWALKS
(See Also Streets and Sidewalks) 8-1
SIGNS
11-1
Administration
1-30
Appeals
1-42
Enforcement
1-34
Variance
1-50
General Regulation
11-1
Permit Required
11-1
Illuminated Signs
11-1
Fees
11-1
Maintenance on Premises
11-1
Privilege
11-1
Permit Application / Issuance
11-1
Application
11-1
Issuance of Sign Permit
11-2
Exemptions 11-2
Professional Nameplates 11-2
Building Construction Signs 11-2
Real Estate Signs
11-2
Home Occupation Sign
11-3
Memorial Signs, Name Signs
11-3
Traffic Signs
11-3
Posting Bills, Repainting Signs
11-3
Election Campaign Signs
11-3
Time and Temperature Display
11-3
Banners
11-3
Signs Located in Buildings
11-3
Signs on Windows
11-3
Directional Identification and
11-3
Information Sign
11-3
Collection Boxes
11-4
Subdivision Signs
11-4
Free Standing Bulletin Boards
114
Fuel Price Informational Signs
11-4
Fences and Scoreboards in
City Parks
11-4
Sign Identification
11-4
Sign Removal
11-5
Nonconforming Sign
11-5
On Site
11-5
Off Site
11-5
Enlarge/Alter
11-5
Damage/Replace
11-5
Placing Signs on Public and Private
Property
11-5
Public Property
11-5
Agencies of Government
11-6
Nonprofit Organizations
11-6
Private Property
11-6
Signs on Trees and Rocks
11-6
Signs on Utility Poles
11-6
Prohibited Signs
11-6
Spot Lights and Beacons
11-6
Fluctuating Illuminations
11-7
Portable Swinger or Temporary
11-7
Attraction Sign Boards
11-7
Revolving, Rotating or Moving
Signs
11-7
Windblown Signs
11-7
Signs that Constitute Traffic
Hazard
11-7
-12-
Vehicle as Sign
11-7
Maintenance Responsibility
7-6
Roof Signs
11-8
Controlled Access Highway
11-8
Processing
7-7
Sign Illumination
11-8
STREETS AND SIDEWALKS
Free Standing Signs
11-8
Administration
1-30
Projecting Signs
11-10.
Miscellaneous Provisions
8-1
Wall Signs
11-10
Rules and Regulations
Area Signs
11-11
Governing Street Improvements
8-1
Designation as Streets and
Avenues
8-1
STORMWATER MANAGEMENT,
Retaining Walls Near Sidewalks
DRAINAGE AND
or Rights of Way
8-1
EROSION CONTROL
7-1
Intersections
8-1
Administration
1-30
Street Improvements
8-2
Appeals
1-41
Crosswalks to be Accessible
Intent
7-1
to Physically Disabled
8-2
Adoption of Drainage Criteria
Procedure for Closing Street
8-2
Manual
7-1
Occupation of Streets and Highways by
Permits Required
7-1
Public Utilities
8-3
Applicability
7-1
General Criteria
8-3
Exemptions
7-2
Location and Alignment
8-4
Permit Conditions
7-3
Cased and Uncased
8-4
Street Design
8-5
Permit Application
7-3
Maintenance an Construction Policies
8-5
Submission, Review and
Approval of Plans
7-4
Maintenance
8-5
Unpaved Roadways
8-5
General
7-4
Paved Roadways
8-6
Pre -preliminary Drainage Plan
7-4
Concrete Curbs and Gutters
8-6
Preliminary Stormwater and
Sidewalks
8-6
Drainage Plan
7-4
Paving Existing Unpaved/
Final Stormwater Management,
Dirt Streets
8-6
Drainage, and Erosion
Cost Sharing
Control Plan
7-5
8-7
Review and Approval of Final
Stormwater, Drainage and
Order of City Council or Permit Required
8-7
Erosion Control Plans
7-5
Off Site Improvements
7-5
Application for Permit
8 7
Performance Criteria
7-5
Standards for Issuance of Permit;
Expiration and Removal
8-7
-13-
Inspection of Work, Replacement
Variance -Dedication of Park Land 1-47
of Rejected Work
8-8
Concept Plat
3-1
Property Owner to Construct Sidewalk
Upon Receipt of Notice
8-8
Preliminary Plat
3-2
Sidewalk and Driveway Specifications
8-9
Final Plat
3-3
Sidewalks
8-9
Plat Requirements
3-4
Driveway Approaches
8-10
Access Ramps
8-11
Signatures Required
3-6
Number of Plats
3-6
Excavations
8-13
Urban Subdivision
3-6
Permit Required
8-13
Lights and Guards
8-13
Monuments
3-7
Repairs to Public Property;
Lot Stakes
3-7
Return of Cash Deposit
8-13
Streets
3-7
Notice
8-13
Curbs and Gutters
3-7
Return of Deposit
8-13
Sidewalks
3-7
Street Closed for Excavation in
Storm Drainage Systems
3-7
Excess of 24 hours
8-13
Water Supply
3-7
Culverts and Bridges
3-8
Street Improvement Districts
8-14
Sanitary Sewer System
3-8
Streetlights
3-8
Petition
8-14
Required Dedication of Land
Notice/Pubic Hearing
8-14
for Public Park Sites
Ordinance
8-14
(Greenspace)
3-8
Appointment of Board of
Greenspace in Major
Improvement
8-15
Developments
3-10
Plans of Improvement
8-15
Appointment of Board of
Suburban Subdivision
3-11
Assessment
8-15
Assessment of Benefit
8-15
Monuments
3-11
Notice of Filing of Assessment
8-15
Lot Stakes
3-11
Appeal of Assessments to
Streets
3-11
City Council
8-16
Curbs and Gutters
3-11
Findings of City Council
8-16
Storm Drainage Systems
3-11
Assessment Payable in Annual
Culverts and Bridges
3-12
Installments
8-16
Water Supply
3-12
Publication of Ordinance
8-16
Sanitary Sewer Systems
3-12
Copy of Assessments Delivered
Required Dedication of Land
to Collector
8-16
for Park Sites
Annual Financial Report
8-17
(Greenspace)
3-12
Exceptions to Required
Improvements
3-12
SUBDIVISIONS
3-1
Appeals
1-42
T.
Enforcement
1-33
Notice and Public Hearing
1-54
TANDEM LOT
2-66
-14-
TITLE
1-1
Zoning Regulations
1-44
General Regulations/Application
1-44
TREE PROTECTION AND
PRESERVATION
4-1
Consideration by the
Planning Commission
1-44
Administration
1-30
- Design Overlay District
1-44
Appeals
1-42
- Buffer Strips and Screening
1-45
-Access to Structure
1-45
Enforcement
1-33
-Parking Variance
1-45
Commercial Tree Pruner/Service
Consideration by Board of
Certificate and Insurance -
4-2
Adjustment
1-46
Hazardous Trees
4-2
-Bulk and Area
1-46
Landmark and Rare Trees
4-2
Development
1-46
Tree Protection in Large Scale
- General Requirements
1-46
Development, Commercial
- Undue Hardship
1-46
Development, and Grading
- Conditions and Safeguards
1-47
Permit
4-1
- Preliminary and Final Plat
1-47
-Exceptions
1-47
Development Design
4-2
Preservation Plan
4-3
Consideration by the City Council
1-47
Canopy Area
4-4
Replacement Canopy
4-4
-Urban Subdivision -Required
- Dedication of Land for Public
1-47
Public Right of Way
4-5
Park Site
1-47
Consideration by the Planning
Commissions
1-47
U.
- Design Standards
1-47
- Required Off -Site
USE UNITS
Improvements
1-48
(See Also Zoning)
2-34
-Planned Unit Development
1-48
- Major Developments
Greenspace
1-48
UNSAFE BUILDINGS
10-11
Consideration by the City Planner
1-48
-Subdivision Creating Only One
UTILITIES
New Lot (Lot Split)
1-48
Underground Wires
3-29
-Notice/Circuit Clerk Office
1-49
-Minimum Size Requirement
1-49
Stormwater Drainage and Erosion
Control
1-50
V •
Sign Regulations
1-50
VARIANCES
1-44
Airport Zone
1-51
-15-
•
Notification and Public Hearing
1-55
Variance
1-44
WAIVERS
Establishment of Districts
2-1
(See Variances)
1-44
Zoning Map
2-1
WARRANTY
Rules of Interpretation of District
Boundaries
2-2
No Warranty Implied
1-3
Zoning Regulations:
Application of District
Regulations
2-4
X.
Certification of Zoning
Compliance
2-4
Districts: (Uses, Uses on Appeal
Y '
to Planning Commission,
Bulk and Area, Yard
Requirements, Height
Requirements, Lot Area,
Land Area Per Dwelling Unit)
z '
-A-1 Agricultural
2-5
-R-1 Low Density
Residential
2-6
-R-1.5Moderate Density
ZONING, AIRPORT
2-75
Residential
2-6
-R-2 Medium Density
Administration
1-30
Residential
2-7
-R-3 High Density
Residential
2-9
ZONING, CONDITIONS
2-50
-RE Residential
(See Also Zoning)
Estate
2-10
-RA Residential (Acre
Lot)
2-11
ZONING, DISTRICTS
2-4
-RL Residential
(See Also Zoning)
Large Lot
2-11
-RS Residential
Small Lot
2-12
ZONING, USES
-RO Residential
(See Also Zoning)
2-34
Office
2-13
-C-I Neighborhood
Commercial
2-15
ZONING
2-1
-C-2 Thoroughfare
Commercial
2-15
Administration
1-30
-C-3 Central Business
Commercial
2-16
Appeals - Interpretation by
-C-4 Downtown
2-17
City Planner
1-41
-16-
11
-I-1 Heavy Commercial Neighborhood Shopping
Light Industrial 2-18 Goods
' -I-2 General Industrial 2-19 Unit 16
-P-I Institutional 2-20 Shopping Goods
-E Extraction 2-21 Unit 17
-Design Overlay 2-22 Trades and Services
' Unit 18
Gasoline Service Station
and Drive -In
Use Units Restaurants
' Unit 19
-Establishment/Listing 2-34 Commercial Recreation
Unit 20
' Unit I Commercial Recreation,
City -Wide Uses by Large Sites
Right 2-34 Unit 21
' Unit 2 Warehousing and
• City -Wide Uses by Wholesale
Conditional Use Unit 22
Permit 2-35 Manufacturing
• Unit 3 Unit 23
Public Protection and Heavy Industrial
Utility Facilities 2-35 Unit 24
Unit 4 Outdoor Advertising
' Cultural and Recreational Unit 25
Facilities 2-36 Professional Offices
Unit 5 Unit 26
Government Facilities 2-36 Single -Family
Unit 6 Dwellings
Agriculture 2-37 Unit 27
Wholesale Bulk Petroleu
'• Unit 7 Storage Facilities with
Animal Husbandry 2-37 Underground Storage
Unit 8 Tanks
' Single -Family, Duplexes, Unit 28
and Townhouse Center for Collecting
Dwellings 2-37 Recyclable Materials
Unit 9 Unit 29
Multifamily Dwellings - Single -Family, Two-Famil
Medium Density 2-38 and Three -Family
Unit 10 Dwellings
Multifamily Dwellings - Unit 30
High Density 2-38 Extractive Uses
Unit 11 Unit 31
Mobile Home Park 2-38 Facilities Emitting Odors
' Unit 12 and Facilities Handling
Offices, Studios and Explosives
Related Services 2-38 Unit 32
' Unit 13 Sexually Oriented
Eating Places 2-39 Business
Unit 14 Unit 33
Hotel, Motel, and Adult Live Entertainment
15 ' Amusement Facilities 2-39 Club or Bar
Unit
2-39
2-40
2-41
2-42
2-42
2-42
2-43
2-43
2-44
2-44
2-45
2-45
m
2-45
2-45
y
2-46
2-46
2-46
2-47
2-47
-17-
I
Interpretation 2-47 Supplementary District Regulations:
Conditions of Use 2-48 Visibility at Intersections 2-68
Fences, Walls and Vegetation 2-68
Enclosure of Uses 2-48 Erection of More than One Principal
Structure on a Lot of Record 2-68
Use Conditions 2-49 Height Regulation
-Exception 2-68
Authority; Conditions;
Procedures 2-49 Structures to Have Access 2-69
Listing 2-49 Extraction 2-69
Nonconforming Use and
-Accessory Commercial Use 2-50 Structures 2-70
-Accessory Structures and Uses 2-51 Parking and Storage of
-Accessory Residential Uses Certain Vehicles 2-74
in Non Residential District 2-51
-Animals and Fowl 2-52
-Auto Garages 2-52
-Auto Wash Service 2-52
-Bed and Breakfasts 2-53
-Carnival, Circus or Similar
Temporary Open Air
Enterprise 2-53
-Child Care; Nursery School 2-54
-Dance Halls 2-54
-Detached Second Dwelling
(Granny Unit) 2-54
-Drive In Facility 2-56
-Duplexes Uses in R -1
Residential District 2-56
-Facilities Emitting Odors and
Facilities Handling
Explosives 2-57
-Garage Sales 2-57
-Gasoline Service Station 2-57
-Home Occupations 2-59
-Industrial Parks 2-60
-Limited Neighborhood
Commercial Uses within
Residential Districts 2-59
- Professional Office 2-60
-Specialized Retail 2-60
-Personal Services 2-60
- Studios 2-60
-Mobile Homes 2-62
-Non Residential Use in R District 2-63
-Pre Fab Construction 2-64
-Retail Liquor Stores 2-64
-Riding Stables 2-65
-Sexually Oriented Business 2-65
Tandem Lot Development 2-66
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