HomeMy WebLinkAboutOrdinance 4489 i
ORDINANCE NO, 4489
AN ORDINANCE REPEALING TITLE XV, UNIFIED
DEVELOPMENT ORDINANCE (ORIGINALLY ADOPTED BY
ORDINANCE 4100, JUNE 16, 1998) OF THE CODE OF
FAYETTEVILLE AND ADOPTING AND ENACTING AN
AMENDED TITLE XV UNIFIED DEVELOPMENT CODE.
WHEREAS, A.C.A. §14-55-207 authorizes cities to adopt by reference
technical codes and regulations without setting forth the provisions of the code
or parts thereof; and
WHEREAS, three copies of proposed Unified Develop Code, Title XV of
the Code of Fayetteville are filed in the office of the City Clerk and have been
available for the public to inspect and view prior to passage of this ordinance;
and
WHEREAS, proper notice by publication in a newspaper of general
circulation within Fayetteville stating that copies of the proposed Unified
Development Code are available and open to public inspection in the City
Clerk's office prior to the passage of this ordinance; and
WHEREAS, most of the current Unified Development Ordinance remains
unchanged with the recodification of the Unified Development Code and the
changes and amendments to the current Unified Development Ordinance
incorporated within the proposed Unified Development Code have been
publicly discussed and approved by the Fayetteville Planning Commission and
the City Council Ordinance Review Committee.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 . That the City Council of the City of Fayetteville, Arkansas
hereby repeals and deletes Title 15, Unified Development Ordinance of the Code
of Fayetteville initially adopted on June 16, 1998 and replaces it by enacting and
adopting Title XV, Unified Development Code of the Code of Fayetteville
attached hereto as Exhibit A and made a part hereof by reference.
Section 2. That the City Council of the City of Fayetteville, Arkansas
hereby declares that Exhibit A., the Unified Development Code shall be codified
as shown in Exhibit "A" .
Section 3. That the City Council of the City of Fayetteville, Arkansas
hereby reaffirms that any and all developmental rights, duties, conditions,
obligations and entitlements already approved by Planning Staff or the Planning
Commission and now existing pursuant to the terms of the Unified Development
Ordinance adopted in 1998 (with all current amendments) shall remain valid and
binding pursuant to those terms and conditions.
0.F- PASSED and APPROVED this the 3,d day of June, 2003.
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I< ,sr
y �1 APPROVED:
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By:
DAN GOODY, ay r
Sondra Smith, City Clerk
NAME OF FILE: Ord. No. 4489
CROSS REFERENCE:
Item # Date Document
1 06/03/03 lord. No. 4489
2 04/22/03 IStaff Review Form w/attachments:
draft ordinance
memo to mayor city/council
memo to mayor/city council
3 06/11 /03 1 memo to Dawn Warrick
4 05/15/03 Affidavit of Publication (Public Notice)
s
NOTES:
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St.
Fayetteville, AR 72701
Telephone: 479-575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Mayor Coody
Fayetteville City Council
FROM: Dawn T. Warrick, AlCP, Zoning & Development Administrator
DATE: April 18, 2003
SUBJECT: Revisions to UDO / UDC draft
Please find attached several revised pages for insertion in your working copy of the draft Unified
Development Code. These revisions were made after the copies of this document were run and
distributed.
1 . Remove and replace Chapter 151 . Definitions
2. Remove and replace page CD 157: 1
3 . Remove and replace page CD 157:7
4. Remove and replace Chapter 159. Fees
5. Remove and replace page CD 162:5
6. Remove and replace page CD 163 :9
7. Remove and replace Chapter 173 . Building Regulations
TITLE ICV. UNIFIED DEVELOPMENT ORDINANCE
Chapter 151.. Definitions.
Sec. 151 .01 Definitions.
CD151 :1
Fayetteville Code of Ordinances
CD151 :2
TITLE XV. UNIFIED DEVELOPMENT ORDINANCE
CHAPTER 151 . DEFINITIONS.
Sec. 151 .01. Definitions. For the purpose of Title one time, and where the images so displayed are
XV, Unified Development Ordinance, the following distinguished or characterized by the depicting or
definitions shall apply to the divider sections, describing of *specified sexual activities or 'specifled
chapters, sections or subsections, unless the context anatomical area'
dearly indicates or requires a different meaning. Adult bookstore or adult video store. (Zoning) A
A commercial establishment whose principal business
purpose is to offer for sale or rental for any form of
consideration any one or more of the following:
Abbreviated Tree Preservation Plan. (Tree books, magazines, periodicals or other printed matter,
Preservation and Protection) A shorter, less formal or photographs, films, motion pictures, video
tree preservation plan required of applicants seeking cassettes, or video reproductions, slides or other
building, grading, or parking lot permits, but who are visual representations which depict or describe
not subject to the requirements . for large scale °specified sexual activities" or 'specified anatomical
developments or subdivisions. areas.'
Accessory community structures (Manufactured Adult cabaret (Zoning) A nightclub, bar,
Homes and Parks) (Manufactured Homes and Parks restaurant, or similar commercial establishment which
opened or expanded after 420-72) A structure or a regularly features:
portion of a structure for commercial use that is (A) Persons who appear in a state of nudity; or
located in a manufactured home park and which is
intended solely for the convenience of the residents or
occupants of the manufactured home park. (B) Live performances which are characterized
by the exposing of 'specified sexual
Accessory structures. (Manufactured Homes and activities or 'specified anatomical areas; or
Parks) (Manufactured Homes and Parks opened or (C) Films, motion pictures, video cassettes,
expanded, 420-72) Any structural addition to the slides, or other photographic reproductions
manufactured home such as awnings, cabanas, which are characterized by the depiction of
carports, Florida rooms, porches, patio covers, and
similar additions. 'specified sexual activitiesor 'specified
anatomical areas'
Accessory use orstructure. (Zoning) A use or
structure on the same lot with, and of a nature Adult motion picture theater. (Zoning) A
customarily incidental and subordinate to, the commercial establishment where, for any forth of
principal use or structure. consideration, films, motion pictures, video cassettes,
slides, or similar photographic reproductions are
Act. (Wireless Telecommunications Facilities) regularly shown, excluding those which are
The Communications Act of 1934, as it has been characterized by the exposure of 'specified sexual
amended from time to time, including the activities" or "specified anatomical areas'
Telecommunications Act of 1996, shall include any
Adult theaters. (Zoning) A theater, concert hall,
future amendments.
auditorium, or similar commercial establishment,
Active open space. (Development) An area which regularly features persons who appear in a
intended for rigorous activity such as tennis, baseball, state of nudity or live performances which are
badminton, and other games requiring physical characterized by the exposure of 'specified sexual
exertion. activities' or 'specified anatomical areas."
Administrative determination. (free Preservation Airport. (Airport Zone) Fayetteville Airport (Drake
and Protection) Final action by the landscape Field).
administrator to either approve, conditionally approve Airport elevation. (Airport Zone) 1 ,251 feet above
or disapprove a Vee preservation plan. Administrative
determinations apply only to those projects which do mean sea level.
not require Planning Commission approval.
Alley. (Development) A minor public way
Adult arcade. (Zoning) Any place to which the dedicated to public use for utility easements and
public is permitted or invited wherein coin-operated or vehicle access to the back or the side of properties
slug-operated or electronically, electrically, or abutting a street.
mechanically controlled image producing devices are
maintained to show images to five or fewer viewers at
CD151 :3
Fayetteville Code of Ordinances
Alternative tower structure. (Wireless Tele- B
communications Facilities) Man-made trees, clock
towers, bell steeples, light poles, and similar Banner. (Signs) Any sign printed or displayed
alternative design mounting structures that upon cloth or other flexible material, with ,or without
camouflage or conceal the presence of antennas or frames.
towers and are built for the express purpose of
serving as a tower or for locating antennas. Base density. (free Preservation and Protection)
The number of trees an applicant must plant based
Analysis report. (Tree Preservation and upon the quality and number of the trees proposed to
Protection) A report, which among other things, sets be removed per acre.
forth any alternative designs the applicant considered
in arriving' at the proposed design. Base Flood. (Stormwater Management, Drainage
and Erosion Control) The flood having a one percent
Antenna. (Wireless Telecommunications chance of being equaled or exceeded in any given
Facilities) Any structure or device used to collect or year, also referred to as the 100 year storm event.
radiate electromagnetic waves, including both
directional antennas, such as panels, microwave Beacon. (Signs) A stationary or revolving light
dishes and satellite dishes and omni-directional which flashes or projects illumination, single color or,
antennas, such as whips but not including satellite multi-colored, in any manner which is intended to
earth stations. attract or divert attention; except, however, this term
is not intended to include any kind of lighting device
Applicant. (Tree Preservation and Protection) which is required or necessary under the safety
Any person, party, partnership, corporation or other regulations described by the Federal Aviation Agency
businessentity seeking the city's approval of a or similar agencies.
proposed tree preservation plan.
Bed and breakfast facility. (Zoning) A
Approach surface. (Airport Zone) A surface permanently owner occupied private home with a
longitudinally centered on the extended runway maximum of five guest rooms furnishing temporary
centerline, extending outward and upward from the lodging and breakfast to paying customers.
end of the primary surface and at the same slope as
the approach zone height limitation slope. In a plane Board of Adjustment. (Airport Zone) The Board
the perimeter of the approach surface coincides with of Adjustment established by Chapter 33.
the perimeter of the approach.
Bona fide agricultural purpose. (Tree
Approach, transitional, horizontal and conical Preservation and Protection) The aim or goal of
zones. (Airport Zone) Those zones as set forth in § facilitating the ongoing commercial pursuit of farming,
165.01 . dairying, pasturage, horticulture, viticulture, or the
keeping or raising of livestock or poultry, not
Approval. (Physical Alteration of Land) A written otherwise prohibited by city ordinance.
authorization by the city engineer.
Buildable area. (Zoning) the portion of a lot
Area sign. (Signs) A sign to identify a common remaining after required yards have been reserved.
area containing a group of structures, or a single
structure on a minimum site of five acres, such as a Building official. (Building Regulations) A city
residential subdivision, residential office, commercial building inspector.
or industrial subdivision, apartment complex,
manufactured home park, or shopping center located Building permit. (Manufactured Homes and
at the entrance or entrances of the area, and Parks) (Manufactured Homes and Parks opened or
consisting of fence or wall or archway with letters or expanded after 4-20-72) A written permit issued by
symbols affixed thereto or other supporting structure the enforcement officer permitting construction,
as approved by the zoning and development erection, alternation, remodeling, or repair of a
administrator. manufactured home park.
As graded. (Physical Alteration of Land) The Bulletin board. (Signs) Any sign erected by a
surface condition on completion of grading. charitable, educational or religious institution or public .
.body, which is erected upon the same property as
said institution, for purposes of announcing events
which are held on the premises. .
CD151 :4
TITLE XV. UNIFIED DEVELOPMENT ORDINANCE
Collector street. (Streets and Sidewalks) A
C
street which in addition to serving abutting properties,
intercepts minor streets, connects with community '
Caliper. (Parking and Loading) A measurement facilities and carries neighborhood traffic to the major
of general tree size taken at a point located six inches arterial street system.
above natural ground or root ball surface.
Co-location. (Wireless Telecommunications
Caliper. (Tree Preservation and Protection) Any Facilities) Locating wireless communications
land with a slope of 15% or greater containing trees, equipment for more than one provider at a single
woody shrubs and herbaceous plants that serve the communications facility, on a building, or on an
function of sustaining the structural integrity of the alternative tower structure.
soil, thus reducing the likelihood of erosion, slide, or
slump. Commercial development. (free Preservation
and Protection) Any development in an R-O,
Canopied Slopes. (Tree Preservation and Commercial or Industrial Zone and any conditional
Protection) Any land with a slope of 15% or greater use in any other zone which permits activities usually
containing trees, woody shrubs and herbaceous conducted within an R-O, Commercial or Industrial
plants that serve th function of sustaining the Zone.
structural integrity of the soil, thus reducing the
likelihood of erosion, slide or slump. Commercial driveway. (Streets and Sidewalks)
Tee Preservation and Protection) The An entrance on public property or exit from any
Canopy. R commercial, business, or public establishment
combined crowns of all trees on a tract of land. adjacent to a public street or highway.
Chief administrator. (Building Regulations) The Commercial tree prunenservice. (Tree
mayor of the City of Fayetteville. Preservation or Protection) A person who performs
Chief appointing authority. (Building Regulations)
work on trees for profit.
The City Council. Common open space. (Development) Land
within or related to a development, not individually
Chief building Oficial. (Building Regulations) owned or dedicated for public use, which is reserved
Building Safety Division director. for the exclusive use or enjoyment of the residents or
City. (Stormwater Management, Drainage and
occupants of the development and their guests.
Erosion Control) The City of Fayetteville, including Community storage structure. (Manufactured
staff and elected officials, or designee. Homes and Parks) A structure located in a
manufactured home park for the convenience of the
City Engineer. city
nDrainage and residents to provide storage space for often used
Erosion Control) The city enggineineer er or his appointed outdoor equipment, furniture, tools and other items
representatives, including assigned staff engineers, which cannot be conveniently stored in the typical
technicians and inspectors. manufactured home.
City of Fayetteville Landscape Manual. (Tree Compact automobile. (Parking and Loading)
Preservation and Protection) A document having Any vehicle less than six feet wide and 15 feet long.
detailed instructions for preparing tree preservation
plans and standards and specifications for tree Compaction. (Physical Alteration of Land) The
protection, planting, maintenance and design. densification of a fill by mechanical means.
City official. (Streets and Sidewalks) The mayor Company flag. (Signs) A flag identifying a
(or other official designated by the mayor, and business or an organization where the flag is
authorized to issue the permits granted thereunder) of displayed.
the city.
Conditional use. (Zoning) A use permitted in
City Planning Commission. (Manufactured
Homes and Parks) (Manufactured Homes and Parks certain zoning districts subject to certain conditions
imposed the Planning Commission after review of
opened or expanded after 4development plat.
created for the city by Chapter 33.
Club orlodge. (Zoning) A building or portion of a Condominium. (Zoning) Two in a series of
more single-
building used by an association for the promotion of family dwelling units constructed ri
attached units and submitted to a horizontal property
some common objective excepting dubs the chief regime under A.C.A. §8-13-102 at seq.
activity of which is a service customarily carried on as
a business.
CD151 :5
Fayetteville Code of Ordinances
Conical surface. (Airport Zone) A surface p
extending outward and upward from the periphery of
the horizontal surface at a slope of twenty-to-one for a Dance hall. (Zoning) Any building, premises,
horizontal distance of 4,000 feet. pavilion, or place of business wherein dancing is
permitted, conducted or engaged in by the public in
Connection. (Water and Wastewater Impact general, including but not limited to private dubs as
Fees) The physical tie-in of a private water or defined by ordinance and/or the laws of the State of
wastewater service system to the City of Fayetteville's Arkansas, either for profit or not.
public water or wastewater system. ,
Dead-end street. (Development) A street having
Conservation easement. (Tree Preservation and one end open to traffic and being permanently
Protection) A formal, legally binding agreement terminated by a vehicular turnaround.
between parties, usually a landowner and a private or
public entity, providing for the preservation of land in Deciduous trees. (Physical Alteration of Land)
its natural state. Trees that shed their leaves annually. Small
deciduous trees are no more than 40 feet tall at
Construction permit. (Stormwater Management, maturity while large deciduous trees exceed 40 feet in
Drainage and Erosion Control) Stormwater height at maturity.
management, drainage and erosion control permit
issued by the city to an entity with the legal ability to Dedication. (Development) Land and
construct the stormwater management system in improvements offered to the city, county, or state and
accordance with the approved system design and accepted by them for public use, control, and
permit conditions. maintenance.
Construction. (Stormwater Management, Department of Law. (Building Regulations) The
Drainage and Erosion Control) Any on-site activity city attorneys offices.
that would result in the creation of a new stormwater
management system, including the building. Dependent manufactured home. (Manufactured
assembling, expansion modification, or alteration of Homes and Parks) (Manufactured Homes and Parks
the existing contours of the property; the erection of opened or expanded, 4-20-72) A manufactured home
buildings or other structures, any part thereof; or land which does not have a flush toilet and bath or shower.
clearing.
Detention. (Stormwater Management, Drainage
Contiguous woodlands. (Tree Preservation and and Erosion Control) The collection and temporary
Protection) A portion of canopy existing on the site of storage of stormwater with subsequent gradual
proposed development, which is a part of a larger, release of the stormwater.
unbroken forest, whether or not it extends onto
adjacent lots. Develop. (Physical Alteration of Land)
Permanently altering land by subjecting it to grading,
Contour intervals. (Development) Topographic removal of vegetation, or construction such as but not
map lines connecting points of equal elevations. limited to buildings, parking lots, streets, and
sidewalks.
Controlled access highway. (Signs) Any state or
federal numbered highway designated by ordinance Developer. (Stormwater Management, Drainage
as a controlled access highway by the City Council. and Erosion Control) Any person(s), parties,
partnerships, or corporations, private or public,
Cribbing. (Physical Alteration of Land) A engaging in activities described as development.
framework of bars for support or strengthening.
Developer. (Development) A person, firm or
Cut. (Physical Alteration of Land) See corporation undertaking to develop a subdivision or
"Excavation." large scale development as set forth in the
development regulations.
CD151 :6
TITLE XV. UNIFIED DEVELOPMENT ORDINANCE
Development. (Stormwater Management, Display surface area. (Signs) The net geometric
Drainage and Erosion Control) To make a site or area enclosed by the display surface of the sign ,
area available for use by physical alteration. including the outer extremities of all letters, characters
Development includes, but is riot limited to, providing and delineations; provided, however, 'display surface
access to a site, clearing vegetation; grading; earth area° shall not include the structural supports for free
moving; providing utilities and other services such as standing signs; provided further, that only one face of
parking facilities; stormwater management and a double-faced sign shall be considered in
erosion control systems; , and sewage disposal determining the display surface area.
systems; altering landforms; or construction of a
structure on the land. Development shall also mean District or zoning district. (Signs) A section or
any of the following: sections of the incorporated area of the city for which
the then effective zoning ordinance governing the use
(A) Construction, installation, alteration, of buildings and land are uniform for each class of use
demolition, or removal of a structure, permitted therein. References to individual zoning
impervious surface, or stormwater districts contained herein shall refer to the zoning
management system, or district established by the City Council in Chapter 160.
(B) Clearing, scraping, grubbing, or otherwise Disturb. (Physical Alteration of Land) To alter
removing or killing the vegetation of a site; or the natural state.
(C) Adding, removing, exposing, excavating, Dormitory. (Zoning) A building or group of
leveling, grading, digging, dumping, or buildings designed or altered for the purpose of
otherwise disturbing the soil or rock of a site accommodating students or members of religious
in a manner contrary to the requirements of orders with sleeping quarters, with or without
the stormwater management, drainage and communal kitchen facilities, and administered by
erosion control regulations. educational or religious institutions.
Development. (Streets and Sidewalks) Shall Drainage area. (Stormwater Management,
include, but shall not be limited to, the construction of Drainage and Erosion ControD The watershed area
a new improvement, the construction of an addition to contributing surface and stormwater runoff to a
an existing improvement, or a parceling which results stormwater management system.
in the need for access and utilities.
Ddpline. (free Preservation and Protection) An
Development plan. (Development) A drawing imaginary vertical line that extends downward from
showing all proposed improvements to a piece of the outermost tips of the tree branches to the ground.
property such as streets, parking lots, buildings,
drives, signs, utilities, drainage, grading and planting Drive-in restaurant or refreshment stand.
by size and location. (Zoning) Any place or premises used for sale,
dispensing, or serving of food, refreshments, or
Development site. (Physical Alteration of Land) beverages in automobiles, including those
That portion of any lot or parcel subjected to grading, establishments where customers may serve
removal of vegetation, or construction such as, but themselves and may eat or drink the food,
not limited to, buildings, parking lots, streets and refreshments or beverages on the premises.
sidewalks.
Dwelling, manufactured home. (Zoning) A
Diameter breast height (DBH). . (Tree detached residential dwelling unit designated for
Preservation and Protection) The diameter of a tree transportation on streets or highways on its own
measured at a point four and one-half feet above the wheels or on flatbed or other trailers, and arriving at
ground. If a Vee splits into multi-trunks, the trunk is the site where it is to be occupied as a dwelling
measured at its narrowest point below the split. complete and ready for occupancy except for minor
and incidental unpacking and assembly operations,
Directional sign. (Signs) A sign of a location on jacks or other temporary or permanent
noncommercial nature which directs the reader to the foundation, connection to utilities, and the like. A
location of public or educational institutions, or to the travel trailer is not to be considered as a
location of historical structures or areas, or the manufactured home.
location of public parks or buildings.
Dwelling, multi-family. (Zoning) A residential
building designed for or occupied by three or more
families, with the number of families in residence not
exceeding the'number of dwelling units provided.
CD151 :7
Fayetteville Code of Ordinances
Dwelling, single-family. (Zoning) A detached
residential dwelling unit other than a manufactured Facilities handling explosives. (Zoning) Any
home, designed for and occupied by one family only. function that involves a process dealing with a product
with explosive potential.
Dwelling, two-family. (Zoning) A detached
residential building containing two dwelling units, Fall zone. (Wireless Communications Facilities)
designed for occupancy by not more than two damage oe area 'thin which tower or persns or antenna
property shouldthe toweer or
might cause
families.
antenna be knocked down, blown over or, fall on its
Dwelling unit. (Zoning) One room, or rooms own.
connected, together, constituting a separate,
independent housekeeping establishment for owner Family. (Zoning) In single fatuity residential
occupancy, or rental or lease on a weekly, monthly, or districts, a family is no more than three persons
longer basis, and physically separated from any other unless all are related and occupy a dwelling as a
rooms or dwelling units which may be in the same single housekeeping unit in the RSF-.5 (Residential
structure,' and containing independent cooking and Single-family — Half Acre), RSF - 1 (Residential
sleeping facilities. Single-family - One acre), RSF - 2 (Residential
Single-family — 2 Acre), RSF - 4 (Residential Single
E family — 4 .Units per Acre), and RSF - 7 (Residential'
Single-family — 7 Units per Acre) zoning districts. In
Easement. (Development) A grant by the all other zoning districts where residential uses are
permitted, a family is no more than four persons
property owner to the public, a corporation or
persons, for the use of a strip of land for specific unless all are related and occupy a dwelling as a
single housekeeping unit. A family is when all
purposes. persons are related by blood, marriage, adoption,
Enforcement officer. (Manufactured Homes and guardianship or other duty-authorized custodial
Parks) (Manufactured Homes and Parks opened or relationship. The definition of family does not include
expanded,' 4-20-72) The chief building inspector of
fraternities, sororities, clubs or institutional groups.
the city, or his/her duly authorized representative. FCC. (Wireless Telecommunications Facilities)
Engineer. (Stortnwater Management, Drainage
The Federal Communications Commission.
and Erosion Control) A professional engineer FEMA. (Physical Alteration of Land) Federal
registered in Arkansas, or other person exempted Emergency Management Agency.
pursuant to the provisions of the Arkansas Code
Annotated, who is competent in the fields of hydrology Fill. (Physical Alteration of Land) A deposit of
and stormwater management. earth material placed by artificial means.
Erect. (Signs) To build, construct, attach, hang, Filling station. (Zoning)
place, suspend, or afrm, and shall also include the
painting of wall signs. (A) Buildings and premises where gasoline, oil,
grease, batteries, tires, and automobile
Erosion.Control)
The r Management, Drainage accessories may be supplied and dispensed
and Erosion Control) The removal of soil particles by at retail, and where in addition the following
the action of water, wind, ice or other geological services may be rendered and sales made,
agents. no other:
Evergreen. (Physical Alteration of Land) A plant (1) Sale and servicing of spark plugs,
that retains leaves or needles year-round. batteries, and distributor parts;
(2) Tire servicing and repair, but no
Excavation. (Physical Alteration of Land) The recapping or regrooving;
mechanical removal of earth material from water or (3) Replacement of mufflers and tail pipes,
land. water hose, fan belts, brake fluid, light
bulbs, fuses, floor mats, seat covers,
F windshield wipers and wiper blades,
grease retainers, wheel bearings,
FAA. (Airport Zone) The Federal Aviation mirrors, and the like;
Administration. (4) Radiator cleaning and flushing;
(5) Washing and polishing, and sales of
Facilities emitting odors. (Zoning regulations) automotive washing and polishing
Any function that involves a process which emits or materials;
has the potential for emitting odor. (6) Greasing and lubrications;
CD151 :8