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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. Ae I< ,sr y �1 APPROVED: b , •• 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 TITLE XV. UNIFIED DEVELOPMENT ORDINANCE (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 customer; provision of restroom facilities. (B) Uses permissible at a filling station do not include major mechanical and body work, straightening of body parts, painting, welding, storage or 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. 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. Flood or flooding. (Flood Damage Prevention) A general and temporary condition or partial or complete inundation of normally dry land areas from the overflow of flood waters, or the unusual and rapid accumulation or runoff of surface water from any source. . Flood boundary and floodway map. (Flood Damage Prevention) The official map on which the Federal Insurance Administration has delineated both the areas of flood hazards and the floodway. Flood Insurance Rate Map (FIRM). (Flood Damage Prevention) The official map on which the Federal Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the Floodway. Flood Insurance Study. (Flood Damage Prevention) The official report provided by th0 Federal Insurance Administration that includes flood profiles, the FIRM, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood. Floodplain. (Stormwater Management, 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. Floodplain or flood -prone area. (Flood Damage Prevention) Areas that are subject to, or are exposed to, flooding and flood damage. fl oodI a In • * + , , -. riooa.oy Fringe Floodway nooaoton . . r,00a.or rr:rpe Floodplain management. (Flood Damage Prevention) The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to, emergency preparedness plans, flood control works and floodplain management regulations. Floodplain management regulations. (Flood Damage Prevention) Development code, building codes, health regulations, special purpose ordinances (i.e., grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. Flood -proofing. (Flood Damage Prevention) Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. CD151:9 Fayetteville Code of Ordinances Floodway. (Flood Damage Prevention) The channel of a river, or other watercourse, and the adjacent land area that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as Regulatory floodway.' 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 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 is increased water surface elevations. Forestation. (Tree Preservation and Protection) The act of planting trees. 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. Functionally dependent use. (Flood Damage Prevention) A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. 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. 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. Guyed towers. (Wireless Telecommunications Facilities) A communications tower that is supported, in whole or in part, by guy wires and ground anchors. H 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 Preservation and Protection) 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. ((Manufactured Homes and Parks) (Manufactured Homes and Parks opened or expanded, 4-20-72) The legally designated health authority of the city or his authorized representative. Height. (Airport Zone) Sea level elevation, unless otherwise specified. Height. (Wireless Telecommunications Facilities) The vertical distance measured from the mean elevation of the finished grade to the highest point on the tower or other structure, even if said highest point is an antenna or antenna array. Highest adjacent grade. (Flood Damage Prevention) The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. Historic discharge or volume. (Stormwater Management, Drainage and Erosion Control) The peak rate or volume at which stomtwater 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. CD151:10 TITLE XV. UNIFIED DEVELOPMENT ORDINANCE Historic Structure. (Flood Damage Prevention) House, lodging or rooming. (Zoning) A dwelling Any structure that is: or building where lodging is provided, for two or more persons for compensation, pursuant to previous (A) Listed individually in the National Register of arrangements, but which is not available to transients Historic Places (a listing maintained by the and with which no table board is furnished. Department of Interior) or preliminarily determined by the Secretary of the Interior Hydroseed. (Physical Alteration of Land) A as meeting the requirements for individual machine blown mixture of mulch, see and sometimes listing on the National'Register, fertilizer. (B) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered Illuminated sign. (Signs) Any sign which has historic district or a district preliminarily characters, letters, figures, designs or outline determined by the Secretary to qualify as a illuminated by electric lights or luminous tubes as a registered historic district; or part of the sign proper. (C) Individually listed on a state inventory of historic places which has been approved by the Secretary of the Interior. 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 nontraffic 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 745 watts. Housing Board. (Manufactured Homes and Parks) (Manufactured Homes and Parks opened or expanded. 420-72) The Housing Board established by the city. Illumination, direct. (Signs) Illumination which is so arranged 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. Impact Fee Administrator. (Water and Wastewater Impact Fees) The Zoning and development administrator or his designee 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. Independent manufactured home. ((Manufactured Homes- and Parks) (Manufactured Homes and Parks opened or expanded, 4-20-72) A manufactured home which has a flush toilet and a bath or shower. 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. Invasive species. (Tree Preservation • and Protection) Any species not indigenous to a region, which becomes established and displaces native species. CD151:11 Fayetteville Code of Ordinances J Joint identification sign. (Signs) A sign which serves as common or collective identification for a group of persons or businesses operating on the same subdivision or lot in a residential office, commercial or industrial district (e.g., shopping center, office complex, etc.) Such sign may name the person(s) or business included but carry no other advertising matter. L Land disturbance. (Tree Preservation and Protection) Clearing, scraping, grubbing, or otherwise removing or destroying the vegetation of a site, or adding, removing, ' exposing, excavating, leveling grading, digging, tunneling, trenching, burrowing, dumping, piling, dredging or application of toxic substance, storage of materials, and operation of equipment, or otherwise, significantly disturbing the soil, mud, sand, or rock of a site. Landscape administrator. (Tree Preservation and Protection) The person who is responsible for the administration of Tree Preservation and Protection, Chapter 167. Landscape establishment guarantee. (Tree Preservation and Protection) A bond, irrevocable letter of credit, or other surety held by the city until the satisfactory conclusion of the three year landscape establishment period. 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. Lattice tower. (Wireless Telecommunications Facilities) A guyed or self-supporting three or four sided, open, steel frame structure used to support telecommunications equipment. Lease. (Signs) An agreement by which a property owner conveys, usually for a specified rent, to other persons, permission to erect and maintain an advertising sign upon his property. Less desirable species. (Tree Preservation and Protection) Low -priority trees or other woody shrubs listed in the City of Fayetteville Tree Preservation, Protection, and Landscape Manual. Levee. (Flood Damage Prevention) A man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the' flow of water so as to provide protection from temporary flooding. Levee Levee system. (Flood Damage Prevention) A flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. 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: CD151:12 TITLE XV. UNIFIED DEVELOPMENT ORDINANCE (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. Lot, comer. (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 degrees. 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 bounds, the description of which has been so recorded. Lowest floor. (Flood Damage Prevention) The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor, provided, that such an enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter. M Major developments. (Development) A suburban or urban major development shall be a large scale development or subdivision that satisfies either of the following conditions: (A) It contains 40 acres or more. (B) It contains 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. 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. Manufactured home. (Flood Damage Prevention) A factory -built, single-family structure that meets the National Manufactured Home Construction and Safety Standards Act (42 U.S.C. § 5401), commonly known as the HUD (U.S. Housing and Urban Development) code. For floodplain management purposes the term also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes the term "manufactured homedoes not include park trailers, travel trailers, and other similar vehicles. • Manufactured home. (Manufactured Homes and Parks) A home built entirely in the factory under a federal building code, administered by the U.S. Department of Housing and Urban Development (HUD), which went into effect June 15, 1976. Manufactured home. (Manufactured Homes and Parks opened or expanded after 4-20-72) A detached structure designed as a complete residential dwelling unit with a permanent chassis 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. Manufactured home lot (Manufactured Homes and Parks opened or expanded after 4-20-72) A plot of ground or a lot in a manufactured home park designed for the location for only one manufactured home. Manufactured home pad. (Manufactured Homes and Parks opened or expanded after 4-20.72) That part of an individual manufactured home lot which has CD151:13 Fayetteville Code of Ordinances been reserved for the placement of a manufactured home. Manufactured home park. (Manufactured Homes and Parks) Any plot of ground of at least one acre in size upon which two or more manufactured homes, occupied for dwelling or sleeping purposes, are located. Manufactured home park. (Manufactured Homes 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 manufactured 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. Manufactured home park or subdivision. (Flood Damage Prevention) A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent. Manufactured home space. (Manufactured Homes and Parks) A plot of ground within a manufactured home park, designed for the accommodation of one manufactured home. Manufactured homes and trailer sales lot. (Manufactured Homes and Parks opened or expanded after 4-20-72) A lot on which unoccupied trailers are parked for purposes of inspection and sale. Manufactured home court. (Zoning) Any plot of ground on which there are located or intended to be located two or more manufactured homes to be occupied for dwelling or sleeping purposes. Mansard roof. (Signs) Any roof that has an angle greater than 45 degrees 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. May. Is permissive. Mean sea level. (Flood Damage Prevention) For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. Meter. (Building Regulations) For the purpose of establishing electrical permit fees for additions, alterations, repair, and new installments 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. Mitigation. (Tree and Preservation and Protection) The planting of trees on -site in an effort tb lessen. the environmental damage caused by the injury or removal of trees during development. Mobile home. (Zoning) A manufactured home built prior to June 15, 1976. Monopole tower. (Wireless Telecommunications Facilities) A communications tower constructed without the use of guy wires and ground anchors and consisting of only a single pole. Monument sign. (Sign) A freestanding sign with a maximum height of six feet above the surrounding finish grade and whose entire base is in contact with and supported by the ground. 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 or erosion. W Native woodlands. (Tree Preservation and Protection) A biological community of trees and woody shrubs native to the Ozark Plateau, covering an area of 10,000 square feet or greater. A list of species to the Ozark Plateau may be found in the City of Fayetteville Tree Preservation, Protection, and Landscape Manual. Natural drainage ways. (Physical Alteration of Land) Ephemeral, intermittent and perennial streams. Chapter 169 is not concerned with ephemeral streams. New constniction. (Flood Damage Prevention) For floodplain management purposes, structures for which the "start of construction" commenced on or after the effective date of this development code. New Development. (Water and Wastewater Impact Fees) Construction of a new single family CD151:14 TITLE XV. UNIFIED DEVELOPMENT ORDINANCE home and the construction or expansion of any other building or structure. The change in use of a building or structure that results in increased demand from water and wastewater facilities shall also be considered new development. 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. Nonconforming use. (Zoning) A use that lawfully occupied a building or structure or land on the effective date of the zoning ordinance, adopted June 29, 1970, and that does not conform to the use regulations of the district in which it is located. Non-native woodlands. (Tree Preservation and Protection) . A biologicalcommunity of trees and woody shrubs, covering the area of 10,000 square feet or greater, descended from non-native species brought to the area during urban settlement. A list of typical non-native species may be found in the City of Fayetteville Tree Preservation, Protection, and Landscape Manual. 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. O 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 of -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. One -hundred year flood. (100-year)(Flood Damage Prevention) A flood which has a one percent annual probability of being equaled or exceeded. It is identical to the "base flood," which will be the term used throughout Chapter 168. 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. (Manufactured Homes and Parks) (Manufactured Homes and Parks opened or expanded after 4-20-72) A written permit issued by the enforcement officer permitting the manufactured home park to operate under Chapter 175 and regulations promulgated thereunder. Original tower height. (Wireless Telecommunications Facilities) Height of a tower, not including any antennas, on the date of the passage of this ordinance. Outdoor advertising business. (Zoning) Provision of outdoor displays or display space on a lease or rental basis only. Outdoor music establishment. (Zoning) Any business or establishment that has a garden, patio, rooftop or premises not wholly enclosed by solid walls and fully roofed in which amplified or loud music is played that could be audible at nearby residences or businesses. Outfall. (Stormwater Management, Drainage and Erosion Control) The terminus of a storm drain, where the contents are released. 0 Parcel. (Development) An area under one ownership. 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. Parking lot (Zoning) An off-street, surfaced, ground level open area, for the temporary storage of five or more motor vehicles. Parking space, of► -street. (Parking and Loading) A space adequate for parking an automanufactured with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room. CD151:15 Fayetteville Code of Ordinances 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 Management, Drainage and Erosion Control) The maximum rae 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. Percent minimum canopy. (Tree Preservation and Protection) The amount of existing tree canopy an applicant must preserve based on the zoning designation of the land to be developed. Perennial stream. (Physical Alteration of Land) A stream that carries water year round. Person. An individual, firm, limited or general partnership, corporation, company, business, association, joint stock association, organization, group of individuals, other legal entity or government entity, including a trustee, a receiver or assignee or a similar representative of any of them. Personal use. (Wireless Telecommunications Facilities) "Personal use refers to a non-commercial use by a resident of the subject property. If any revenues are generated from the operation of the tower, it will not be for personal use as such term is used. Plan, General. (Development) The plan made and adopted by the Planning Commission and adopted by the City Council that includes studies and analysis of the population, housing and economics of the city and includes the future land use plan and the master street plan. Plan, Future Land Use. (Development) A part of. the general plan made and adopted by the Planning Commission and adopted by the City Council that establishes long-range planning policies and implementation strategies to manage and guide future growth and development, consisting of a map and text. It includes general recommendations for locations of land uses. Plan, Master Street. (Development) A part of the general plan made and adopted by the Planning Commission and adopted by the City Council that classifying certain streets within the planning area . jurisdiction as arterial or collector streets, consisting of a map and text. Planned Zoning District. (Zoning, Development) A zoning district that allows for comprehensively planned developments for either single -use ormixed- use and permits development and zoning review as a simultaneous process. 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 subdivide 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 outline in Chapter 166. Platform sign. (Signs) A single or double -face sign attached to a supporting base place on the ground surface. Plumbing fixture. (Building Regulations) 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 permanently attached thereto and which is usually two-sided. 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. CD151:16 TITLE XV. UNIFIED DEVELOPMENT ORDINANCE Prefabricated Construction. (Zoning) Any structure built off -site excluding manufactured homes. 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. Private open space. (Development) The outdoor living area directly adjoining a dwelling unit or building, intended for the private enjoyment of the residents or occupantso f the dwelling unit or building and defined in such a manner that its boundaries are evident. 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 Preservation and Protection) Areas including street rightsof-way, alleys, parks, medians, substations, treatment plants, plazas, squares, public buildings and any other area designated for public use. Public open space. (Development) Open space, including but not limited to, any park, lake, stream, playground, or natural area commonly open to the public. Real estate sign. (Signs) Temporary sign placed upon property for the purpose of advertising to the public the sale or lease of said property. Recreational Structure. (Development) Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground that has a primary use that is recreational in nature. Among other things, recreation structures include tennis courts, basketball courts, swimming pools and jogging trails. 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. Regulatory floodway. (Flood Damage Prevention) See: "Floodway." Relic orchard. (Tree Preservation and Protection) Groups of fruit trees originally planted for agricultural purposes, but since taken out of production. Remedy a violation. (Flood Damage Prevention) To bring the structure or other development into compliance with state or local floodplain management regulations, or, if it is possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this development code, or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development. 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 question. 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. Retaining wall height. (Physical Alteration of Land) The height of a retaining wall, for setback CD151:17 Fayetteville Code of Ordinances purposes, shall be defined as the vertical distance from the top of the wall to the ground surface of the low side. Retention. (Stormwater Management, 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. Riparian. (Tree Preservation and Protection) Of relating to, or located on the bank of a river or stream. Riparian buffer. Protection) A biological trees, woody shrubs am along the banks of rivers, perennial streams. (Tree Preservation and community consisting of I groundcover that exists creeks or intermittent and 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. Riverine. (Flood Damage Prevention) Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. Roof sign. (Signs) Any sign wholly erected, constructed or maintained on the roof structure or parapet wall of any building. 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 stormwater system. Separate offense. (Tree Preservation and Protection) . In relation to trees, each tree is a separate offense. Service building. (Manufactured Homes and Parks) (Manufactured 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. (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 fencesr 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. 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. Setback, front. (Zoning) (A) A setback 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 setback pattern on adjoining lots indicates otherwise, front setbacks shall be provided on all frontages. (B) Depth of required front setbacks shall be measured at right angles to a straight line joining 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. Setback, rear. (Zoning) (A) A setback extending across the rear of the lot between inner side setback lines. In the case of through lots and comer lots, there will be no rear setbacls, but only front and side setbacks. (B) Width of a required rear setback shall be measured in such a manner that the setback established is a strip of the minimum width required by the district regulation with its inner edge parallel with the rear lot line. Setback, side. (Zoning) (A) A setback extending from the rear line of the required front yard to the rear lot line, or in the absence of any clearly defined rear lot line, or in the absence of any clearly defined rear lot line to the point on the lot farthest from the intersection of the lot line involved with the public street. In the case of through lots, side setbacks shall extend from the rear lines of front setbacks required. In the case CD151:18 i • TITLE XV. UNIFIED DEVELOPMENT ORDINANCE of corner lots, yards remaining after full front setbacks have been established shall be considered side setbacks. (B) Width of a required side setback shall be measured in such a manner that the setback established is a strip of the minimum width required by district regulations with its inner edge parallel with the side lot line. Setback, special. (Zoning) A setback behind any required setback adjacent to a public street, required to perform the same functions as a side or rear' setback, but adjacent to a lot line so placed or oriented that neither the term side setback' nor the term rear setback' clearly applies. Sexually oriented business. (Zoning) An adult arcade, adult bookstore or adult video store, adult cabaret, adult motion picture theater, or adult theater. 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. Significant tree. (Tree Preservation and Protection) A tree with a diameter at breast height (DBH) of 24 inches or more for fast growth species, 18 inches or more for slow and moderate growth species, and 8 inches or more for understory species, as set forth in the City of Fayetteville Tree Preservation, Protection, and Landscape Manual. A tree may also be considered significant because of advanced age for its species, or because it represents an uncommon or endangered species, or due to its location on a site designated as historic by local, state or federal authorities. Single housekeeping unit. (Zoning) A dwelling unit with common access to and common use of all living and eating areas an all areas and facilities for the preparation, serving and storage of food within the dwelling unit. 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. 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, buttock(s) 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. Start of construction. (Flood Damage Prevention) The date the building permit is issued for either new construction or substantial improvement, provided the actual start of construction, repair, reconstruction, replacement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, beyond excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation or the installation of streets and/or CD151:19 Fayetteville Code of Ordinances walkways, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. Stealth technology. (Wireless Telecommuni- cations Facilities) Systems, components and materials used in the construction of wireless communications facilities to make it compatible with the surrounding property. Stormwater. (Stormwater Management, 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. (Flood Damage Prevention) A watercourse having a source and terminus, banks, and channel through which waters flow at least periodically. Streams do not lose their character as a watercourse even though the water may dry up. For the purpose of this ordinance, streams are defined on the Flood Insurance Rate Map as single lines with no floodplain or floodway defined. 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 primarily as a means of vehicular and pedestrian travel which may also be used to provide space for sewers, public utilities, trees and sidewalks. Street, arterial. (Development) A street or road 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 neighborhood 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 line. (Zoning) (Streets and Sidewalks) The right-of-way line of street. Street, minor. (Development) A street used primarily to provide access to abutting properties. Street right-of-way. (Development) 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 defined in Ordinance No. 1750 of the City of Fayetteville, Arkansas. Structure. (Airport Zone) An object, including a mobile object, constructed or installed by man, including but without 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, manufactured homes, walls, fences, billboards and poster panels. CD151:20 TITLE XV. UNIFIED DEVELOPMENT ORDINANCE Subdivider. (Development) A person, firm or corporation undertaking a subdivision as defined in Chapter 166, Development,. 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. Substantial damage. (Flood Damage Prevention) Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before -damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred. Substantial improvement. (Flood Damage Prevention) Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either. (A) Before the improvement or repair is started; or (B) If the structure has been damaged, and is being restored, before the damage occurred. For the purpose of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: ' (a) Any project for improvement or a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or (b) Any alteration of a structure listed on the National Register of Historic Places, or a state inventory of historic places. Suburban. (Development) Located outside the corporate city limits, but within the city's planning area. T 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. Telecommunications. (Wireless Telecommuni- cations Facilities) The transmission, between or among points as specified by the user of information of the user's choosing, without change in the form or content of the information as sent and received. Terrace. (Physical Alteration of Land) A relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes. Topping. (Tree Preservation and Protection) Also referred to as stubbing, dehoming, pollarding and heading; it is the severe removal of the tree canopy back to large stubs; Tower or communications tower. (Wireless Telecommunications Facilities) Any structure that is designed and constructed for the primary purpose of supporting one or more antennas, including lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common -carrier towers, cellular telephone towers, alternative tower structures, and the like. This term is not intended to describe buildings or other structures that have been constructed primarily for a purpose other than supporting one or more antennas, despite the fact that such structure may currently, or in the future, actually support one or more antennas. Townhouse. (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 Preservation and Protection) 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 10 feet. CD151:21 Fayetteville Code of Ordinances Tree and Landscape Advisory Committee. (Tree Preservation and Protection) An advisory committee appointed by the City Council to assist the landscape administrator with city beautification and the management of its trees. Tree preservation area. (Tree Preservation and Protection) Those areas designated for the protection of both preserved and planted trees depicted on a tree preservation plan, abbreviated tree preservation plan, preliminary plat, large scale development, or site plan. Tree preservation plan. (Tree Preservation and Protection) 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 during construction. Tree registry. (Tree Preservation and Protection) 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 Preservation and Protection) Includes cavity filling/repair, bracing, cabling, and wound treatment. T 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. Use buffer. (Tree Preservation and Protection) Trees or other woody shrubs that serve to screen incompatible land uses, unwated light, or noise. Used or occupied. (Zoning) Include the words "intended', 'designed', or 'arranged to be used or occupied." Variance. (Flood Damage Prevention) A grant of relief to a person from the requirements of this ordinance when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this ordinance. (For full requirements see §60.6 of the National Flood Insurance Program regulations. 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 special 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 that one square foot. Violation. (Flood Damage Prevention) The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Chapter 168 is presumed to be in violation until such time as that documentation is provided. Visual runway. (Airport Zone) A runway intended solely for the operation of aircraft using visual approach procedures. CD151:22 S • TITLE XV. UNIFIED DEVELOPMENT ORDINANCE 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 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. Wastewater System Improvements. (Water and Wastewater Impact Fees) Capacity -enhancing improvements to the facilities for the transmission, treatment, reclamation and disposal of wastewater. Lift stations, force mains and gravity mains or excluded from the definition of wastewater system improvements. Water surface elevation. (Flood Damage Prevention) The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. Water System Improvements. (Water and Wastewater Impact Fees) Capacity -enhancing improvements to the facilities for the supply, storage, transmission and distribution of potable water, excluding water lines less than eight inches in diameter and other lines that are the minimum size needed to serve an individual development project. Windblown sign. (Signs) Any flag, pennant, balloon, spinner, or blimp. Wifeless Communications Facility (WCF). (Wireless Telecommunications Facilities) A land use facility that transmits and/or receives electromagnetic signals for the purpose of transmitting analog or digital voice or data communications. It includes antennas, microwave dishes, homs and other types of monopoles, or similar structures supporting said equipment, equipment buildings, shelters or cabinets, and other accessory development. Wireless communications facility includes personal wireless services as defined in the Federal Telecommunications Act of 1996, and as subsequently amended. (Code 1965, §§13A-1; 138-1; 17B -7(a0, 19.24, 1713-2; App. A, Art. 17; App. B, §1; App. C, Art. 1, §D; Ord. No. 1509, 8-8- 66; Ord. No. 1747, 6.20-70; Ord. No. 1790, 3-15-71; Ord. No. 1801, 6-21-71; Ord. No. 1859, 3-20-72; Ord. No. 1893, 12-19-72; Ord. No. 1998, 5-7-74; Ord. No. 2581, 12-4-79; Ord. No. 2697, 1-20-81; Ord. No. 2753, 8-18-81; Ord. No. 2789, 1-18-82; Ord. No. 2934, 8-2-83; Ord. No. 2948,9-20- 83; Ord. No. 3011, 6-5-84; Ord. No. 3024, 8-21-84; Ord. No. 3231, 12-2-86; Ord. No. 4024, §2, 3-28-87; Ord. No. 3298, 10-6-87; Code 1991, §§98.60, 118.01, 150.02, 156.001, 156.065, 158.03, 158.35, 159.04, 160.002, 160.096(A), 160.121, 161.06, 162.02, 163.02; Ord. No. 3551, 6-4-91; Ord. No. 3138, 11-5-85; Ord. No. 3165, 2-4.86; Ord. No. 3699, §2, 4-20-93; Ord. No. 3780, §1, 4-19-94; Ord. No. 3794, §1 5.17-94; Ord. No. 3870, §1,4-1-94; Ord. No. 3895, 6-20.95; Ord. No. 3901, §1, 2, 7-5-95; Ord. No. 3908, §1, 7- 18-95; Ord. No. 3970, §1, 7-18-95; Ord. No. 3913, §1, 8-1- 95; Ord. No. 3963, §1, 4.16-96; Ord. No. 3970, §1, 5-7-96; Ord. No. 3971, §1, 5-21-96; Ord. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4113, 8-18-98; Ord. No. 4127, 12-15-98; Ord. No. 4178, 8-31-99; Ord. No. 4226, 2-15-00; Ord. No. 4285, 1-2- 01; Ord. No. 4321, 6.19-01; Ord. No. 4340, 10-2-01) CD151:23 Fayetteville Code of Ordinances CD151:24 TITLE XV. UNIFIED DEVELOPMENT ORDINANCE Chapter 157. Notification and Public Hearings. Sec. 157.01. General requirementslinformation. Sec. 157.02. Development. Sec. 157.03. Zoning. Sec. 157.04. Conditional uses. Sec. 157.05. Vacations of streets, alleys, rights -of -way and easements. Sec. 157.06. Appeals of staff decisionsnnterpretations. Sec. 157.07. Manufactured homes and manufactured home parks. Sec. 157.08. Fire Prevention Code. Sec. 157.09. Sign Appeal. Secs 157.10-157.99. Reserved. CD157:1 • • TITLE XV. UNIFIED DEVELOPMENT ORDINANCE Sec. 157.07. Manufactured homes and shall hold a public hearing on the requested manufactured home parks. appeal. (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/she shall give notice of such alleged violation to the owner of the park and to the person to whom 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 property 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 1965, §13B-13; Ord. No. 1859, 3-20-72; Code 1991, §156.077; Ord. No. 4100, §2 (Ex. A), 6-16-98) Cross reference(s)—Manufactured homes and Manufactured home Parks, Ch. 175, §163.22. Sec. 157.08. Fire Prevention Code. Blasting. In addition to the requirements and regulations provided in the Fire Prevention Code, the applicant for a blasting permit shall notify all residential property owners located within 200 yards of a blasting site. Notification may be personal contact, or by written notice left at the residence and shall contain the dates of any blasting activity. (Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4125, 11-17- 98) Cross references) —Fire Prevention Code/Building Code, § 173.02. Sec. 157.09. Sign Appeal. (3) Public Hearing. Upon receipt of a petition for a sign appeal, the Board of Sign Appeals (4) Notice of public hearing - city. Notice of public hearing shall be given by the city using the following methods: (1) 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. (2) Other notice. The Board of Sign Appeals shall also give notice of such hearing to interested persons and organizations as it deems feasible and practicable. Sees. 157.10-157.99. Reserved. CD157:7 TITLE'XV. UNIFIED DEVELOPMENT ORDINANCE Chapter 159. Fees. Sec. 159.01. Fees/schedule. Secs. 159.02.-159.99. Reserved. CD159:1 Fayetteville Code of Ordinances CD159:2 • TITLE XV. UNIFIED DEVELOPMENT ORDINANCE CHAPTER 159. FEES. Sec. 159.01. Feeslschedule. Concept Plat I $50.00 II (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. (1) An alderman may present a resolution to the City Council to waive, or reduce development permit fees otherwise required by this chapter, elsewhere within the Unified Development Ordinance. If the reduction, or waiver would serve the public interest, alleviate an unfair burden upon an applicant, or be beneficial to the city as a whole, the City Council may grant such reduction, or waiver of permit fee. ' (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 Division. (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. Lot split I $200.00 II I amp Srale nevelnnment Nonresidential $800.00 10 or less residential units $200.00 25 or less residential units $400.00 26 or more residential units $800.00 Plannprl 7nninn nistriet Nonresidential $1,125.00 Residential: 10 or less residential units/lots $525.00 25 or less residential units/lots $725.00 26'or more residential units/lots $1,125.00 (4) Physical alteration of land. Permit Fan Less than 'h acre $75.00 'h to 1 acre $100.00 Over 1 acre $200.00 Appeals $100.00 (Ord. No. 4113, 8-18-98) (5) Drainage. Non-refundable permit application fee. Up to 0.5 acre $75.00 0.51 to 1.0 acre $100.00 Over 1.0 acre $200.00 Appeals $100.00 (b) Windblown signs. $10.00. (6) Zoning. (c) Sign variance. Filing fee: $350.00 (3) Development r:nnn, rtant Plat Nonresidential $800.00 10 or less residential units $200.00 25 or less residential units $400.00 26 or more residential units $800.00 Preliminary Plat Nonresidential $800.00 10 or less residential units $200.00 25 or less residential units $400.00 26 or more residential units $800.00 Final Plat Nonresidential $800.00 10 or less residential units $200.00 25 or less residential units $400.00 26 or more residential units $800.00 Rezoning $325.00 Conditional use $100.00 Manufactured home: Initial permit $25.00 Renewal $12.50 Home occupation: Initial permit $25.00 Renewal $12.50 Variance: Before any violation has occurred $25.00 After any violation has occurred $100.00 Appeal of ,Zoning and Development Administrator interpretation $25.00 Certificate of Zoning Compliance $25.00 (7) Streets and sidewalks. Driveway and curb cut $20.00 Sidewalk $20.00 Driveway, curb cut and sidewalk $25.00 Excavation of streets and other public ways $5.00 CD159:3 S. . Fayetteville Code of Ordinances requirement of any code in the Cross reference(s)—Excavations, §171.14 execution of the work: nor from any other applicable penalties. (8) Tree preservation. e. Re -inspection. For each re- Filin fee I $120.00 Ij inspection for correction of violations and/or if installation is not ready for requested (9) Floodplain determination. inspections the fee shall be Ii Administrative review fee I $25.00 II $20.00. (ii) Permit valuation. (10) Vacations. a. Permit valuation is the Filing fee $200.00 reasonable valuation of all services, labor, materials, and a(11) Building permits. ntoliaa and or devices entering necessary atothe prosecution and completion of (a) General fees. The following general the work ready for occupancy. provisions shall apply to all permits, including but not limited to building, b. The permit valuation shall electrical, gas, mechanical and include total cost such as plumbing; and shall apply in addition to plumbing, electrical, gas, the fees and requirements set forth in mechanical, equipment, and each separate code. other systems, however, the Permit fees. cost of excavation or grading, (i) paying, and land cost are not Design/build fee. In addition to deemed a part of such permit a. valuation. the permit fees, a design/build fee for fast -track, design -build, c. The building permit fee shall be and buildings permitted with based on the valuation as construction progressing as determined by the building design and construction plans code data or as submitted by are in progress shall be equal the applicant, whichever is to one-half the permit fee but greater. shall not be more than $1,000.00. (iii) Exemptions from permit fees. b. Emergency, investigative and a. Historical buildings. after hour(s). In addition to the permit fee, an emergency fee 1. Buildings identified and for after hours inspection, classified as historical investigations and emergency buildings or structures by inspections shall be $20.00 per state or local jurisdiction inspection, shall be exempt from permit fees. c. Outside city limits. In addition to the permit fee, each 2. The Mayor may exempt all inspection required outside or part of the applicable Fayetteville city limits shall be permit fees for buildings $20.00 per inspection, that can be proven to be more than, 50 years old d. Work without permit. Where that are judged by the work for which a permit is required is started or buildingi official interest be safe of proceeded prior to obtaining and in the public ty, wlf re said permit, the fees herein health, safety, and welfare specified shall be doubled. regarding any proposed construction, aReretion, Payment of such double fee repair, enlargement, shall not relieve any persons restoration, or relocation, from fully complying with the CD159:4 TITLE XV. UNIFIED DEVELOPMENT ORDINANCE or moving of buildings within fire districts. 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 —new building $15.00 Certificate of completion $15.00 C of O —existing building and/or change of occupancyuse $25.00 Demolition permit $50.00 Temporary C of O $25.00 Annual C of O renewal $12.50 Annual C of O renewal —if expired $25.00 Footing/foundation only $50.00 Appeal of building official to Construction Board of Adjustment and Appeal $50.00 Moving rmit $100.00 Permit extension $50.00 Plan view fee —shall not exceed $1,000.00 c. Demolition fees. Single family residences shall be exempt from demolition fees. (12) Electrical. (13) Gas. (a) Electrical permit fees. Fees for permit shall be paid to the city, as follows: i. First four meters, new or replacement, $20.00 ii. For each additional meter on a building, $5.00 iii. $0.25 per outlet, and $10.00 per inspection with electrical wiring in concrete. iv. Neon tube lighting shall be $10.00 for each transformer. v. A minimum fee for any electrical permit shall be $20.00. (b) Apprentice electrician. Registration of an apprentice electrician, $10.00. (a) Gas permit fees. Fees for gas permit shall be paid to the city, as follows: i. First five fixtures for $20.00 plus $2.00 for each additional fixture. (b) 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. (14) Mechanical permit fees. Fees for a mechanical permit shall be paid to the city as follows: $20.00 Minimum permit fee for the first unit Additional units greater than ih horse $5.00 power Fractional horse power mechanical $2.00 exhaust Gas vent per unit $5.00 (15) Plumbing. (a) Plumbing permit fees. Fees for plumbing permits shall be paid to the city, as follows: i. First five fixtures for $20.00, plus $1.75 for each additional fixture, and ii. $10.00 for each inspection required for plumbing under slab. Sec. 159.02 Water and wastewater impact fees (A) Applicability. CD159:5 (1) The following provisions shall apply to all of the territory within the City's water and wastewater service areas, including areas outside the corporate city limits and within service areas located within Washington County and other incorporated cities after June 16, 2003 . (2) The following types of development shall be required to pay a water and/or wastewater. impact fee: (a) New development seeking a new connection to the City's water or wastewater system. (b) New development seeking a new connection to the system of a wholesale customer of the City's water or P Fayetteville Code of Ordinances wastewater system, where collection of months from the effective date of this the City's impact fee is required by the ordinance. City's contract with the wholesale customer. (D) Fee Determination (c) Residential redevelopment involving the construction of one or more additional dwelling units. (d) Nonresidential redevelopment seeking a larger capacity water meter. (B) Intent (1) The intent of wastewater and water impact fees is to ensure that new development bears a proportionate share of the cost of improvements to the City's water and wastewater systems; to ensure that the proportionate share does not exceed the cost of providing water and wastewater facilities to the development that paid the fee; and to ensure that funds collected from developments are used to construct water and wastewater facilities that serve such developments. It is further the intent of this Ordinance to use the impact fees to implement the City's 2020 General Plan and future plan updates and to implement the City's Five Year Capital Improvements Program. (2) It is not the intent of this Ordinance to collect any money from any development in excess of the actual amount necessary to offset demands generated by that development for the water and wastewater facilities for which the fee was paid. (3) It is not the intent of this Ordinance that any monies collected for the water impact fee and the wastewater impact fee ever be commingled or ever be used for a type of facility different from that for which the fee was paid. (C) Time of Collection (1) Water and wastewater impact fees for new development shall be paid prior to the issuance of a new or larger water meter, connection to the wastewater system, or issuance of a building permit; whichever comes first. (2) Development projects which have obtained building permits prior to the effective date of this ordinance shall not have to pay impact fees if the building is completed with water and sewer hook-ups installed and certificate of occupancy issued no later than six (6) (1) Schedule of Fees. The Impact Fee Administrator shall determine the amount of the water and wastewater impact fees for residential uses based on the type or size of the dwelling unit and for nonresidential uses based on the size of the water meter using the following schedule: k Land Use Unit Water Waste - Water Total Single -Family (average) Dwelling $308 $835 $1,143 Multi -Family (per dwelling unit) Dwelling $219 $593 $812 Nonresidential (5/8" x 3/4" meter) Meter $308 $835 $1,143 Nonresidential (1" meter) Meter $770 $2,088 $2,858 Nonresidential (1-1/2" meter) Meter $1,540 $4,175 $5,715 Nonresidential (2" meter) Meter $2,464 $6,680 $9,144 Nonresidential (3" meter) Meter $4,928 $13,360 $18,288 Nonresidential (4" meter) Meter $7,700 $20,875 $28,575 Nonresidential (6" meter) Meter $15,400 $41,750 $57,150 Nonresidential (8" meter) Meter $24,640 $66,800 $91,440 Nonresidential (100 meter) Meter $35,420 $96,025 $131,445 (2) Redevelopment, Reconstruction, Change of Use. In the event of a redevelopment, reconstruction or change of use from an existing development or use, the fee shall be the difference between what the fee would be for the entire redevelopment or reconstruction project and what the fee would have been for the existing development or use. Enlargement of a single family home will not require any impact fee. (3) Mixed Use. If the proposed development includes a mix of the residential land uses and/or nonresidential meter sizes that are listed in the impact fee schedule, the fee shall be determined by adding up all the water and wastewater impact fees that would be applicable for each residential land use type and/or nonresidential meter size as if it was a freestanding land use type. . (4) Fire Suppression / Low Pressure. It is the intent of this ordinance to base water and CD159:6 TITLE XV. UNIFIED DEVELOPMENT ORDINANCE wastewater impact fees on the typical usage in a new building or other facility. Extinguishing of fires is not a part of . typical usage; to allow adequate fire flow to. sprinklers and internal hydrants at some large and at -risk properties, it may be necessary for fire protection purposes to install a larger water meter than would be necessary to meet day-to-day needs of that facility. In addition, a larger meter may be required in areas of low water pressure than in areas of normal water pressure for the same type of use. In those cases, it is the' policy of the City that the impact fee for water and wastewater should be based on the meter size needed by that facility for its typical usage, without regard to fire -flow or unusual pressure conditions. water impact fees collected pursuant to this Ordinance plus any interest which. may accrue from time to time on such amounts. (3) Wastewater Impact Fee Account. The Wastewater Impact Fee Account, shall contain only those wastewater impact fees collected pursuant to this Ordinance plus any interest which may accrue from time to time on such amounts. (4) Order of Use. Monies in each impact fee account shall be considered to be spent in the order collected, on a first-in/first-out basis. (5) Use of Fees. The monies in each impact fee account shall be used only for the following: (5) Irrigation. Any separate water meter installed (a) Acquisition. To acquire land for and/or for irrigation purposes only shall not be acquire or construct water or included in the calculation of the wastewater wastewater system improvements of the impact fee. type reflected in the title of the account and as described in the Impact Fee (6). Affordable Housing Exemption. Study as well as extension of service to new development paying an impact fee. (a) Single family housing. Construction of single family housing funded wholly or (b) Debt service. To pay debt service on primarily by federal Community any portion of any current or future Development Block Grants, non- general obligation bond issue or profit service organizations such as revenue bond issue used to finance Habitat for Humanity. Housing and water or wastewater system Urban Development housing loans and improvements of the type reflected in similar programs designed to provide the title of the account that created or affordable, owner -occupied, single will create capacity to serve new family residences to low income development. individuals shall be exempted from payment of impact fees pursuant to this (c) As described in subsection F, Refunds. ordinance by the Impact Fee Administrator. (F) Refunds. (b) Appeal. A person aggrieved by the (1) Any monies in the Impact Fee Fund that Impact Fee Administrator's refusal to have not been spent or encumbered within grant an Affordable Housing Exemption ten (10) years after the date on which such may appeal the denial to the Planning fee was paid shall be refunded by the City to Commission. the then current owner of the land for which the fee was paid with interest since the date (E) Use of Fees. of payment. Interest shall be based on a five percent annual rate. (1) Establishment of Accounts. An Impact Fee Fund that is distinct from the General Fund (2) After an impact fee has been paid pursuant of the City is hereby created, and the impact to this Ordinance, no refund of any part of fees received will be deposited in the such fee shall be made due to the fact that following interest -bearing accounts of the the project for which the fee was paid is later Impact Fee Fund: demolished, destroyed, or is altered, reconstructed, or reconfigured so as to (a) Water Impact Fee Account, and reduce the number of dwelling units in the project, or the size of the water meter (b) Wastewater Impact Fee Account. required. (2) Water Impact Fee Accounts. The Water (3) At the time of payment of the water or Impact Fee Account shall contain only those wastewater impact fee under this Ordinance, CD159:7 Fayetteville Code of Ordinances the Impact Fee Administrator shall provide the applicant paying such fee with written notice of those circumstances under which refunds of such fees will be made. Failure to deliver such written notice shall not invalidate any collection of any impact fee under this Ordinance. (Code 1965, §§178-3(c); 17B -7(k), 18-27, App. A., Art. 9(6), 10(2), 11, App. C., Art. II, §E; Ord. No. 1747, 6-29-70; Ord. No. 1790, 3-15-71; Ord. No. 1893, 12-19-72; Ord. No. 2198, 2-17-76; Ord. No. 2323, 4-5.77; Ord. No. 2538, 7-3-79; Ord. No. 2581; 12-4-79; Ord. No. 2934, 8-2-83; Ord. No. 2948,9- 20-83; Ord. No. 3230, 11-8-86; Ord. No. 3298, 10.6.87; Code 1991, §§98.62, 158.22, 158.45. 159.15, 160.172, 160.195, 160.197; Ord. No. 3716, §2, 6-15-93; Ord. No. 3925, §4, 7, 10-3-95; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4113, § 1, 8-18-98; Ord. 4323. 6-19-01; Ord. No. 4447, §1, 12-17-02) Secs. 159.03.-159.99. Reserved. CD159:8 TITLE XV. UNIFIED DEVELOPMENT ORDINANCE, (D) Unit 4. Cultural and recreational facilities. (1) Description. Unit 4 consists of cultural and recreational uses to serve the residents of the community. (2) Included uses. Auditorium, stadium Art gallery, museum Cemetery Child care center, nursery school Church College or university Community center Crematorium Detention home Dormitory Eldercare Hospital Mausoleum Playfield. playground Private club or lodge School: •Elementary •Junior High h 'Senior_High Swimming of Tennis court Theater (legitimate) Zoo Cross-reference(s)—Parking and Loading, Ch. 172. (E) Unit 5. Government facilities. (1) Description. Unit 5 consists of the main facilities of government agencies. (2) Included uses. City or county 'ail 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, a residential district. (2) Included uses. Agricultural uses and services: Farm: 'Egg '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 (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 Kennel Livestock services: 'Animal hospitals •Shipping of livestock 'Training of horses 'Veterinarian's treatment areas Recreational uses: 'Guest ranch 'Riding stable' •Rifle range 'Rodeo ground CD162:5 • TITLE XV. UNIFIED DEVELOPMENT ORDINANCE Sec. 163.10. Manufactured and mobile homes. (A) Manufactured home parks. Manufactured home parks shall be subject to the provisions of Manufactured homes and Manufactured home Parks, Chapter 175, and Development, Chapter 166 and shall require a conditional use permit in all RMF districts. (1) Accessory commercial uses. In a manufactured 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 manufactured 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 manufactured home park and is not located on the outer boundaries of said park. (2) Dwelling units. No single-family, two-family, or multi -family dwelling unit may be erected or placed upon any lot within a manufactured home park unless said lot and dwelling meets all requirements of the zoning regulations for such a dwelling in the zoning district where the manufactured home park is located. (B) Location of manufactured and mobile homes. (1) Manufactured home parks/exceptions. Manufactured homes are permitted in manufactured home parks and in the R -A, Residential —Agricultural zoning district. (2) Mobile homes. Mobile homes are permitted in manufactured home parks. (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; Code 1991, §160.086; Ord. No. 4100, §2 (Ex. A), 6-16.98) Secs. 163.11. Outdoor music establishments. Outdoor music establishments operating during May or June of 2002 may continue to operate at the same location without this conditional use even if the ownership or name of the outdoor music establishment changes in the future as long as the establishment does not terminate its outdoor music for 12 consecutive months or longer. All other outdoor music establishments shall not be allowed in any zoning district, except C-1, C-2, C-3 and ca, where they may be allowed as conditional uses subject to the following additional conditions: (A) Site plan. A site plan showing the proposed location and size of the outdoor music area; location and direction of the speakers; noise absorbing walls, structures or devices; proposed days and hours of operation of the outdoor music area; and measures proposed to lessen or eliminate any adverse affects upon nearby residences and businesses. (B) Planning Commission review. In addition to all normal considerations for a conditional use, the Planning Commission may require noise reducing measures and structures be incorporated into an outdoor music area, may limit the size, power, number and direction of speakers, and may limit the hours of outdoor music generation from the establishment. (C) Fayetteville noise ordinance violation. If the establishment or any band or any person operating at such establishment is convicted of violating the Fayetteville noise ordinance (§96.06 of the Code of Fayetteville), such violation may constitute grounds for revocation of this conditional use to operate an outdoor music establishment. (D) Fayetteville entertainment district. The City Council's policy is to encourage outdoor music establishments along Dickson Street from Block Avenue to Arkansas Avenue and on West Avenue from Spring Street to Lafayette Street as long as such establishments are reasonably compatible with adjoining neighborhoods. (Ord. No. 4409, §2, 8.6-02) CD163:9 TITLE XV. UNIFIED DEVELOPMENT ORDINANCE Chapter 173. Building Regulations. Sec. 173.01. General provisions. Sec. 173.02. Fire Prevention Code/Building Code. Sec. 173.03. Fire zones. Sec. 173.04. Electrical Code. Sec. 173.05. Gas Piping Code. Sec. 173.06. Plumbing Code. Sec. 173.07. Mechanical Code. Sec. 173.08. Unsafe buildings. Sec. 173.09. Homebuilders Registration. Sec. 173.10. Standard Housing Code. Secs. 173.11.-173.99. Reserved. CD173:1 Fayetteville Code of Ordinances ' r CD173:2 TITLE XV. UNIFIED DEVELOPMENT ORDINANCE CHAPTER 173. BUILDING REGULATIONS. Sec. 173.01 General provisions. In addition to the expiration date, and signature of authorized specific provisions provided hereinafter, the following representative of insurance company. general provisions shall apply to the Building Code, Electric Code, Gas Code, Mechanical Code and the (C) Responsibilities of permit applicant. Plumbing Code. (1) Notice to city. It shall be the duty of the (A) Permits. permit applicant or his authorized representative to give notice to the city_ (1) Fees paid. A permit shall not be issued until Building Safety Division when an installation the fees prescribed have been paid. Not is ready for an inspection. shall an amendment to a permit be released until the additional fee, if any, due to an (2) Installation ready for inspection. It shall be increase in the estimated cost of the the duty of the permit applicant to make sure building, structure, electrical, plumbing, that the installation is ready for inspection mechanical, or gas systems has been paid. before the inspection is requested. (2) Expiration. Every permit issued hereunder (3) Provide ready access. It shall be the duty of shall expire by limitation and become null the permit applicant to provide ready access and void if ' construction/installation to the premises where the requested authorized by permit is not commenced inspection is to be made. within six months from the date of such permit, or if the construction/installation (D) Exemptions. The assembly and erection of authorized by such permit is abandoned for approved equipment by the manufacturer of such a period of six months at any time after the equipment, except electrical, gas, mechanical, construction/installation is commenced. and plumbing connections to said equipment, Before such installation can begin or be shall be exempt from permitting and inspection recommended, a permit extension fee shall provisions. be paid or a new permit shall be secured for the unfinished portion of the installation as (E) Uncovering work. Any installation or part thereof required by the building official, which is installed, altered, or repaired and covered before being inspected shall be (B) Liability insurance, uncovered for inspection as required by the Building Safety Division Director. (1) The following shall be required to carry liability insurance. (F) Certificate of occupancy. (a) Every licensed master electrician (1) Required. In addition to the building permit applying for an electrical permit; fee, buildings and parts of buildings shall not be occupied before a certificate of (b) Every licensed supervising gas filter occupancy is executed and issued by the actively engaged in gas installations; building official. (c) Every licensed mechanical/HVACR (2) Copy upon request. The owner of a single - licensee engaged in mechanical family and multi -family residential dwelling installations, will receive a copy of the certificate of occupancy if requested. (d) Every licensed master plumber actively engaged in plumbing installations. (Ord. No. 4100, §2 (Ex. A), 6-16-98) (2) Liability insurance shall be carried as set out Sec. 173.02. Fire Prevention Code/Building Code. below: (A) Adoption by reference. There is hereby adopted •General aggregate $100,000.00 by the City Council, by reference thereto, the •Personal and advertising $100,000.00 provisions set forth in the Arkansas Fire •Each occurrence $100,000.00 Prevention Code, with state adopted appendices, as may from time to time hereafter Each certificate shall indicate name of be. amended and adopted by the State of insurance company issuing policy, name of Arkansas, save and except such portions of said insured, policy number, effective and CD173:3 L Fayetteville Code of Ordinances code as may be deleted, modified, or amended 1,400 square feet shall be 24 herein. inches. All footings shall be reinforced with horizontal steel. (B) Amendments, additions, and deletions to the rebar, and Building Code. The Building Code shall be ' amended as follows: (iii) Minimum footing rebar size shall be two #4's in an 18 inch footing and (1) Construction documents. Plans reviewed for three #4's in a 24 inch footing and code compliance with permits issued shall tied perpendicular with #4 rebar at be destroyed after construction is complete 24 inches on center, and supported and as allowed by law after being copied for three inches (30) from the bottom of permanent record and maintained by the the footing with support approved city. Plans retained on file for one -through by the building official; and four -family residential dwelling units will be destroyed when construction is complete (iv) The thickness of the concrete and may not be permanently copied. footing shall be a minimum of 12 inches with a minimum of 3,000 PSI (a) Plans. Plans submitted to be reviewed concrete; and for code compliance and permitting shall, note the following: (v) Minimum concrete footing for concentrated load shall be 24 () Construction type; inches x 24 inches x 12 inches in depth of 3,000 PSI concrete, 24 (ii) Occupancy classification(s); inches to bottom below finish grade with a rebar mat of four #4's (iii) Occupant load; supported three inches from the bottom with support as approved by (iv) Design live loads; the building official; or (v) Design dead loads; (vi) Designed by an Arkansas registered professional architect or (vi) Occupancy and tenant separations; engineer. (vii) Design snow load; and (3) Concrete floors. (Slabs on grade). (viii) Design wind load. (a) Minimum requirement. Minimum requirement for concrete slab -on -grade (b) Ground snow loads. Ground snow loads floors shall be constructed in to be used in the determination of accordance with the CABO One and design snow loads shall not be less than Two Family Dwelling Code, and shall be 20 pounds per square foot. at least eight inches (81 above the finish grade surrounding the building; and (c) Plan review. A plan review by an independent entity may be required by a (b) Minimum compressive strength. building official for plans of unusual, Concrete used in the construction of special, and/or hazardous use of floors shall have a minimum buildings submitted for permit or review, compressive strength of 3,000 pounds per square inch; or (2) Footing. (c) Design. Designed by an Arkansas (a) Design requirements. registered professional architect or engineer. (i) The footing bottoms shall be a minimum of 24 inches below finish (4) Crawl space. Crawl space grade shall not • grade, and be lower than finish grade outside of a building without construction of a drainage i The minimum width of a concrete remedy approved by the building official. footing for one story building with 1,400 or less square feet shall be (5) Signs. The City of Fayetteville adopted sign 18 inches. The minimum width of a ordinance shall take precedence over concrete footing for two-story conflicts with the Building Code outdoor buildings and buildings greater than display and signs requirements. CD173:4 ri TITLE XV. UNIFIED DEVELOPMENT ORDINANCE of Scott Street, said point being 259 feet • (6) Portable buildings. Requirements for building and three inches (3") east of the east permits shall not apply to small one story line of North West Avenue; thence east portable buildings with an area of 80 square along the south line of Scott Street to feet or less, but shall be subject to other the west line of Rollston Avenue, thence applicable city requirements. south along the west side of Rollston Avenue, to a point 180 feet north of the (7) Reroofing. Reroofing of existing residential north line of West Dickson Street; dwelling units including detached garages thence east parallel with the north line of and portable buildings shall not require a Dickson Street to a point in the west line permit. However, the project is not exempt of a private driveway which is 147 feet, from meeting all code requirements. more or less, east of the east line of College Avenue; thence south along the (C) Amendments, additions, and deletions to the Fire west line of said driveway to the south Prevention Code. The Fire Prevention Code shall line of East Dickson Street; thence east be amended as follows: along the south line of East Dickson Street to a point which is 300 feet east Sprinklers. In addition to the requirements of the of the east line of North College Avenue; Fire Prevention Code and the Building Code, any thence south parallel with the east line new building or alteration, addition or change of of College Avenue to the north line of occupancy of existing buildings which exceeds East Rock Street; thence west along the three stories including the basement, or 50 feet north line of Rock Street to the point of or greater in height at the highest point of said beginning. building shall be protected by a complete automatic sprinkler system designed and (b) Beginning on the north boundary of the installed with compliance to applicable NFIPA area described in subsection a. above, Standards. at a point which is 180 feet north and 160 feet west of the west line of College (Ord. No. 4100, §2 (Ex. A), 6-16-98) Avenue; thence north parallel with said west line of College Avenue; thence Sec. 173.03. Fire zones. north parallel with said west line of College Avenue 480 feet; thence west (A) Zones. The city is hereby divided into two fire 30 feet; thence north 132 feet to the zones which shall be known as the first fire zone south line of Lafayette Street; thence and the intermediate fire zone. across Lafayette Street to the north side thereof to a point 180 feet west of the (1) First zone. The first fire zone shall include west line of College Avenue; thence the following areas of the city: north 92.5 feet; thence east 10 feet; thence north parallel to the west line of (a) Beginning at a point where the east line College Avenue 367 feet to the south of south Locust Avenue intersects the line of Maple Street; thence north line of west Rock Street and northwesterly across Maple Street to the running thence west along the north line I east line of the north -south alley of Rock Street to the east line of South between Maple Street and Davidson West Avenue; thence north along the Street, the east line of said alley being east line of West Avenue to the north 200 feet west of College Avenue; thence line of West Center Street to the east north along said east line to Davidson line of University Avenue to the north Street; thence northeasterly across line of West Dickson Street; thence west Davidson Street to a point on the north along the north line of Dickson Street to line thereof, 140 feet west of the west the east line of Arkansas Avenue; line of College Avenue; thence north thence north along the east line of parallel with said west line of College Arkansas Avenue to the south line of Ida Avenue to Trenton Boulevard; thence Street; then east along the south line of across Trenton Boulevard to a point on Ida Street to the east line of Gregg the north line thereof, 150 feet west of Avenue; thence north along the east line the west line of College Avenue; thence of Gregg Avenue to the south line of in a northerly direction parallel to and West Lafayette Street; thence east 150 feet west of the west line of College along the south line of Lafayette to a Avenue to the south line of North Street; point 259 feet and three inches (3') east thence east along the south line of North of the east line of North West Avenue; Street to a point 150 feet east of the thence south to a point in the south line east line of College Avenue; thence in a CD173:5 n Fayetteville Code of Ordinances 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 of 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 beginning. (c) A strip of land 150 feet wide on each side of the 1-540 from the north line of the first fire zone, as established in the above divisions, north along 1-540 to the north city limits. (d) A strip of land 150 feet wide on each side of the 1-540 from the south boundary of the first fire zone, as established in the above divisions, south along 1-540 to the south city limits. (e) A strip of land 150 feet wide on each side of United States Highway 62 from I- 540 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 centerline 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) Beginningat 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 centerline extended of East South Street; thence west along the centerline of East South Street to the centerline of South East Avenue; thence south along the center line of South East Avenue to the centerline of West Fourth Street (formerly West First Street); thence west along the centerline West Fourth Street to the centerline of South Block Avenue; thence south along the centerline of South Block Avenue to the centerline of West Fifth Street; thence west along the centerline 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. (i) A zone of 340 feet wide, extending 170 feet in each side of the centerline 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 centerline of West Sixth Street (Highway 62), from a north -south line parallel to and 140 feet west of the centerline 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. (Code 1965, §16-1; Ord. No. 885, 10-01-45; Code 1991, §151.01, 151.02, 151.03; Ord. No. 4100, §2 (Ex. A), 6-16- 98) Sec. 173.04. Electrical Code. CD173:6 TITLE XV. UNIFIED DEVELOPMENT ORDINANCE (A) Adoption by reference. There is hereby adopted (3) Permits required; qualifications. by the City Council of the City of Fayetteville, Arkansas, by reference thereto the provisions set (a) Application. All electrical work, unless forth in the Arkansas Board of Electrical, specifically exempt herein, shall require Examiners Act, Arkansas Electrical Code the application and approval of an Authority Act, and Regulations for the Board of electrical permit from the city Building Electrical Examiners governing the construction, Safety Division prior to beginning installation and inspection of electrical wiring, electrical installations in the corporate electrical equipment, and electrical installations, limits of the city. pursuant to the authority expressly conferred by the laws of the State of Arkansas, and as may (b) Issuance. The city Building Safety from time to time hereafter be amended, save Division is authorized to issue electrical and except such as may be deleted, modified, or' permits to the following: amended herein. (i) Arkansas state licensed master (B) Amendments, additions, and deletions. The electricians. Arkansas Board of Electrical Examiners Act, Arkansas Electrical Code Authority Act, and (ii) Arkansas state licensed industrial Regulations for the Board of Electrical Examiners maintenance electrician for an governing the construction, installation, and electrical permit on or within an inspection of electrical wiring, electrical industrial or manufacturing type equipment, and electrical installations shall be facility. amended as follows: (iii) A permit may be issued to a (1) Responsibilities of a master electrician. It property owner to install electrical shall be the duty of the master electrician to installations in a single-family require apprentice electricians to register residence, provided the property annually with the city Building Safety Division owner does the work himself, and before doing electrical work and to inform the the building is owned and occupied Building Safety Division when said by such owner as his home. Such apprentice is terminated, electrical work must strictly comply • with the requirements of this (2) Exemptions. The following shall be exempt chapter. from these provisions: (4) Power company. (a) Public utility. Any construction, installa- tion, maintenance, repair, or renovation (a) Meter installation. An electrical by a pubic utility regulated by the Public utility power company shall not Service Commission, or by a rural install a meter before approval is electric cooperative, of any transmission received from the Building Safety or distribution lines or facilities incidental Division when there have been to their business and covered under changes, additions, alterations, other nationally recognized safety I and/or repairs to the electrical standards. system. (b) Department of Labor, Elevator Safety (b) Faulty electrical wiring. An Division. Electrical work regulated by electrical utility power company the Arkansas Department of Labor, shall not install a meter when faulty Elevator Safety Division. electrical wiring is evident and a hazard exists. (c) Minor repair. A permit is not required for minor repair, replacement of fuses and (c) Existing installation. Nothing herein lamps, or connections of portable shall be so construed as to require electrical equipment to . permanently approval from the Building Safety installed receptacles. 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. CD173:7 Fayetteville Code of Ordinances (5) Miscellaneous provision. (f) Final. (a) NM and NMC cable. The use of type (2) Tests on electrical work shall be performed NM and NMC cable shall be limited to by the master electrician as required by the residential dwelling units and existing Building Safety Division Director. buildings less than 3, 000 total square feet that are less than three stories and (Ord. No. 4100, §2 (Ex. A), 6-16-98) with occupancy defined by the building code as business and/or mercantile State law reference(s)—Arkansas Board of Electrical when altered, renovated, added to, Examiners Act, A.C.A. §7-25-102 et seq.; Arkansas Electrical Code Authority Act, A.C.A. §20-31-101 et seq. and/or occupancy changed. Existing electrical wiring proposed to be used for Sec. 173.05. Gas Piping Code. said existing building shall be certified as safe by an Arkansas Professional (A) Adoption by reference. There is hereby adopted Engineer and / or Architect or Arkansas by the City Council by reference thereto the Master License Electrician, provisions set forth in the Arkansas State Gas Code, Rules and Regulations of the State Board (b) Pull chain switches. The use of pull chain of Health governing the construction, installato0 switches shall be prohibited. I and inspection of consumer's gas piping, gas appliances and gas equipment, duly adopted and (c) Fuses. The use of fuses as overcurrent promulgated by the Arkansas State Board of protection of circuits shall be prohibited Health, Little Rock, Arkansas, pursuant to the in residential dwellings. authority expressly conferred by the laws of the State of Arkansas, and as may from time to time (d) Aluminum conductors. The minimum hereafter be amended, save and except such size of aluminum conductors shall be #2 portions of said code as may be deleted, AWG. Splicing and termination of modified or amended herein. aluminum conductors shall be with approved compression fittings. (B) Amendments, additions, and deletions. The Arkansas State Gas Code, Rules and (6) Neon lighting. Regulations of the State Board of Health, governing the construction, installation and (a) Permit required. Power and control inspection of consumer's gas piping and gas electrical wiring shall not be installed appliances and gas equipment shall be amended without obtaining a permit. Permit as follows: application, drawings, and specification shall be submitted for approval as (1) Exemptions. The following shall be exempt required by the Building Safety Division from these provisions: before installation begins. (a) Gas company. Nothing herein shall be b No license required. An electrical (b) construed as applying to a gas license shall not be required to obtain a company, its agents, servants, and permit to install neon tubing, associated employees conducting its business transformer, high voltage wiring, and under the franchise granted by the city appurtenances. in the installation, repair, maintenance, removal or replacement of gas piping (C) Inspections and tests. machinery or equipment owned or operated by the gas company in the city. (1) Inspections of electrical installations shall be requested and approved by the Building (b) Gas meter. Nothing herein shall be so Safety Division before covering as follows: construed as to require a permit and inspection from the city Building Safety (a) Temporary construction meter; Division before a gas meter can be set unless some change has been made in (b) Underground; gas installation since service was disconnected. (c) In concrete or under concrete; (2) Permit required; qualifications. (d) Rough -in; (a) Application. A gas permit shall be (e) Meter; and/or, applied for and obtained from the city Building Safety Division prior to CD173:8 0 TITLE XV. UNIFIED DEVELOPMENT ORDINANCE, beginning gas installations in the corporate limits of the city. (b) Issuance. The city Building Safety Division is authorized to issue gas permits to the following: (i) State licensed supervising gas fitter. (ii) State licensed master plumbers. 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. (iii) A permit may be issued to a (B) Amendments, additions, and deletions. The property owner to install gas Arkansas State Plumbing Code, Rules and installations in a single-family Regulations of the State Board of Health, residence, provided the property governing the construction,, installation, and owner does the work himself, and inspection of plumbing and drainage shall be the building is owned and occupied amended as follows: by such owner as his home. Such gas installations must strictly (1) Permits required; qualifications. comply with the requirements of this chapter. (a) Application. All plumbing work, unless specifically exempt herein, shall require (3) Miscellaneous provisions. All underground the application for and approval of a plastic as piping shall have a #14AWG plumbing permit from the city Building copper or large tracer wire with moisture Safety Division, prior to beginning resistant thermoplastic insulation installed in plumbing installations in the corporate the same trench with the underground plastic limits of the city, and on water and piping. Said tracer wire shall be continuous sewer systems owned by the city and secured to the piping above ground. outside of the city limits. (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 Building Safety Division Director. (Code 1965, §15-69, 15-61, 15-76, 15-70; Ord. No. 1432, 02-15-65; Ord. No. 1741, 06-01-70; Ord. No. 2256, 07-20- 76; Ord. No. 2033, 08-06-74; Ord. No. 4100, §2 (Ex. A), 6- 16-98) State law reference(s)—Public health -Enforcement, A.C.A. §4-97-106; Arkansas Administrative Procedure, A.C.A. §25-15-201 et seq. Sec. 173.06 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 (b) Documentation. No plumbing permit shall be issued until the following has been received: (i) Plumbing permit issued by the State Department of Health, as required. (ii) Plans and specifications approved by the State Department of Health, as required. (iii) State Department of Health approval of an individual sewage disposal system when a public sewer is not available for use. (iv) 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 Building Safety Division is authorized to issue plumbing permits to the following: (i) State licensed master plumbers. CD173:9 Fayetteville Code of Ordinances (ii) A permit 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. Regulations of the State HVACR Board, governing the installation and inspections of mechanical systems shall be amended as follows: (1) Application. All mechanical work, unless specifically exempt herein, shall require the application for and approval of a mechanical permit from the city Building Safety Division, prior to beginning mechanical installations in the corporate limits of the city. (2) Minor repairs. No permit is required for minor repairs such as recharging of units, filter changes, and replacement of parts within the units. (1) Inspections of plumbing installations shall be made before covering, and with required test (3) Issuance. The city Building Safety Division as follows: is authorized to issue permits to the following: (a) Underground; (a) State licensee; (b) Under slab; (b) A permit may be issued to a property (c) Rough -in; and/or owner for mechanical installations in a single-family residence, provided the (d) Multi -story rough -in; and property owner does the work himself, and the building is owned and occupied (e) Final. by such owner as his/her home. Such mechanical work must strictly comply (2) The Building Safety Division Director shall with the requirements of this chapter. have the right to inspect and may require tests for existing plumbing installations when (C) Inspection and tests. there is reason to believe that such system is not safe for the use it is intended. When (1) Underslab/underground; such inspection or tests indicate a faulty or unsafe system, the system shall be made (2) Rough -in; and/or safe to the satisfaction of the inspector before the system is used. (3) Final. (Code 1965, §15-1, 15-9, 15-3 154; Ord. No. 1433, 02-15- (D) Right to inspect. The Building Safety Division 65; Ord. No. 1861, 04-13-72; Ord. No. 3228, 11-18.86; Ord. Director shall have the right to inspect and may No. 4100, §2 (Ex. A), 6-16-98) require tests for existing mechanical installations when there is reason to believe that such system Sec. 173.07. Mechanical Code. is not safe for the use intended. When such inspections or tests indicate a faulty or unsafe (A) Adoption by reference. There is hereby adopted system, the system shall be made safe before by the City Council by reference thereto the the system is used. provisions set forth in the Arkansas State Mechanical Code, Rules and Regulations of the . (Ord. No. 4100, §2 (Ex. A), 6-16-98) State HVACR Board, including guidelines for estimating heat loss and gain, governing the Sec. 173.08. Unsafe buildings. installation and inspection of mechanical systems duly adopted and promulgated by the Arkansas (A) No person or persons, partnership, corporation or State HVACR Board, Little Rock, Arkansas, association, hereinafter referred to as "owner", pursuant to the authority expressly conferred by shall keep or maintain any house or building the laws of the State of Arkansas, as may from within the corporate limits of the city which has time to time hereafter be amended, save and become dilapidated, unsafe, unsanitary, or except such portions of said code as may be detrimental to the public welfare. deleted, modified, or amended herein. (B) Amendments, additions, and deletions. The Arkansas State Mechanical Code, Rules and CD173:10 [1 TITLE XV. UNIFIED DEVELOPMENT ORDINANCE (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 Building Safety Division Director 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: (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. (Code 1991, §151.51, 151.52(A)(1)(2); Ord. No. 3948, 02- 20-96; Ord. No. 4100, §2 (Ex. A), 6-16-98) State law reference(s)—Removal or razing of buildings, A.CA. §14-56-203. Sec. 173.09. Homebuilders registration. Adoption by reference. There is hereby adopted by the City Council, by reference thereto, the provisions set forth in A.C.A. §17-25-501 et seq., save and except such portions of said code as may be deleted, modified, or amended herein. Cross reference(s)-Administration, Ch. 152; Appeals, Ch 155; Variances, Ch. 156; Fees, Ch. 159. (Code, 1991, §151.31.5) Sec. 173.10. Standard Housing Code. (A) Adoption by reference. There is hereby adopted by the City Council, by reference thereto, the provisions set forth in the Standard Housing Code, 1997 Edition, save and except such portions of said code as may be deleted, modified, or amended herein. (B) Amendments, additions, and deletions to the Standard Housing Code, 1997 Edition. The Standard Housing Code, 1997 Edition, shall be amended as follows: (1) The Construction Board of Adjustments and Appeals shall perform those duties of the Housing Board of Adjustments and Appeals as set forth in Section 106, Standard Housing Code, 1997 Edition. (2) The housing official shall be known as the chief building official. (3) Section 108, Standard Housing Code. 1997 Edition, is hereby deleted. (Code 1965, 6-34; Ord. No. 1558, 08-21-67; Ord. No. 2885, 01-04-83; Ord. No. 2299, 12-21-76; Ord. NO. 2709, 03-24- 81; Code 1991, §151.20, §151.22; Ord. No. 4100, § 2 (Ex. A), 6-16-98; Ord. No. 4124, §2, 11-17-98) Cross reference(s)—General penalty, §10.99. State law reference(s)—Adoption of technical codes by reference, A.C.A. §14-55-207. Secs. 173.11.-173.99. Reserved. CD173:11 a Fayetteville Code of Ordinances CD173:12 • j • City of Fayetteville Code of Ordinances • z t oe �p 4l r Title XV. Unified Development Code Review draft May 26, 2003 TITLE XV. UNIFIED DEVELOPMENT CODE' Chapter 150. General Provisions Article I. General Provisions Sec. 150.01. Title. Sec. 150.02. Purpose. Sec. 150.03. Authority. Sec. 150.04. Jurisdiction. Sec. 150.05. Relationship to previous development ordinances. Sec. 150.06. Relationship to other provisions of the Code of Fayetteville. Sec. 150.07. Conflicts. Sec. 150.08. Rules of construction. Sec. 150.09. Headings/catchlines of sections. Sec. 150.10. No warranty implied. Sec. 150.11. Compliance. Sec. 150.12. Penalty. Sec. 150.13. Severability. Sees. 150.14.-150.99. Reserved. Chapter 151. Definitions. Sec. 151.01 Definitions. Chapter 152. Administration. Sec. 152.01. Administrators designated. • Secs. 152.02.-152.99. Reserved. Chapter 153. Enforcement. Sec. 153.01. Complaints. Sec. 153.02. Right of entry and inspection. Sec. 153.03. Liability. Sec. 153.04. Notice of violation. Sec. 153.05. Emergencies. Sec. 153.06. Remedial work. Sec. 153.07. Stop work order. Sec. 153.08. Miscellaneous remedies. Sec. 153.09. Appeals. Sec. 153.10. Penalty. Secs. 153.11.-153.99. Reserved. Chapter 154. Amendments. Sec. 154.01. City Council. Sec. 154.02. Planning Commission. Sec. 154.03. Private parties/zoning amendment. Secs. 154.04.-154.99. Reserved. Chapter 155. Appeals. Sec. 155.01. Circuit Court. • Sec. 155.02. Form/time/place. Sec. 155.03. Stay. Sec. 155.04. Alderman appeal on behalf of resident. Sec. 155.05. Appeals from Planning Commission decisions. Sec. 155.06. Appeals from staff interpretations/actions. • Sec. 155.07. Appeals from Board of Sign Appeals. Sec. 155.08. Appeals to the Housing Board. Secs. 155.09-155.99. Reserved. Chapter 156. Variances. Sec. 156.01. General requirements. Sec. 156.02. Zoning regulations. Sec. 156.03. Development. Sec. 156.04. Stormwater, drainage and erosion control. Sec. 156.05. Sign regulations. Sec. 156.06. Airport zone. Secs. 156.07.-156.99. Reserved. Chapter 157. Notification and Public Hearings. Sec. 157.01. General requirements/information. Sec. 157.02. Development. Sec. 157.03. Zoning. Sec. 157.04. Conditional uses. Sec. 157.05. Vacations of streets, alleys, rights -of -way and easements. Sec. 157.06. Appeals of staff decisions/interpretations. Sec. 157.07. Manufactured homes and manufactured home parks. Sec. 157.08. Fire Prevention Code. Secs. 157.09-157.99. Reserved. Chapter 158. Bonds and Guarantees. Sec. 158.01. Guarantees in lieu of installed improvements. Sec. 158.02. Excavation in public rights -of -way. Sec. 158.03. Maintenance. Sec. 158.04. Grading; bonds/sureties. Sec. 158.05. Off -site improvements/delays. Sec. 158.06. Sidewalks. Secs. 158.07.-158.99. Reserved. Chapter.159. Fees. Sec. 159.01. Fees/schedule. Secs. 159.02.-159.99. Reserved. Chapter 160. Zoning Districts. Sec. 160.01. Establishment of districts. Sec. 160.02. Official zoning map. Sec. 160.03. Rules of interpretation of district boundaries. Secs. 160.04.-160.99. Reserved. Chapter 161. Zoning Regulations. Sec. 161.01. Application of district regulations. Sec. 161.02. Certificate of zoning compliance. • Sec. 161.03. District R -A, Residential -Agricultural. Sec. 161.04. District RSF-.5, Residential Single-family —One Half Unit per Acre. Sec. 161.05. District RSF-1, Residential Single-family -One. Unit per Acre. Sec. . 161.06. District RSF-2, Residential Single-family -Two Units per Acre. Sec. 161.07. District RSF-4, Residential Single-family— Four Units per Acre. Sec. 161.08. District RSF-7, Residential Single-family — Seven Units per Acre. Sec. 161.09. District RT-12, Residential Two and Three-family. Sec. 161.10. District RMF-6, Residential Multi -family — Six Units per Acre. Sec. 161.11. District RMF-12, Residential Multi -family —Twelve Units per Acre. Sec. 161.12. District RMF-18, Residential Multi -family— Eighteen Units per Acre. Sec. 161.13. District RMF-24, Residential Multi -family —Twenty-four Units per Acre. Sec. 161.14. District RMF-40, Residential Multi -family — Forty Units per Acre Sec. 161.15. District R-C)Beside tin_al Office Sec. 161.16. District C-1'Neightiorhoo m —menial= Sec. 161.17. District -C-2 Thoroughfare Commercial. Sec. 161.18._Distoct G3,_Central.Commercial.— _ _ __...._ __ Sec. 161.19. District C-4, Downtown. Sec. 161.20. District I-1, Heavy Commercial and Light Industrial. Sec. 161.21. District 1-2, General Industrial. Sec. 161.22 iistrlct P-1, Institutional.- . Sec. 161.23 District E-1, Extraction. Sec. 161.24. Design Overlay District (1-540 Highway Corridor). Sec. 161.25 Planned Zoning Districts. Secs. 161.26.-161.99. Reserved. Chapter 162. Use Units. Sec. 162.01. Establishment/listing. Sec. 162.02-tnterpretation. Sec. 162.03. Conditions of use. • Sec. 162.04. Enclosure of uses. Secs. 162.05.-162.99. Reserved. Chapter 163. Use Conditions. Sec. 163.01. Listing. Sec. 163.02. Authority; conditions/procedures. Sec. 163.03. Accessory commercial uses. Sec. 163.04. Accessory structures and uses. Sec. 163.05. Accessory residential uses in nonresidential districts. Sec. 163.06. Animals and fowls. Sec. 163.07. Automobile garages. Sec. 163.08. Automobile wash service. Sec. 163.09. Bed and breakfast facilities. Sec. 163.10. Carnival, circus, or similar temporary open-air enterprises. Sec. 163.11. Child care; nursery school. Sec. 163.12. Dance halls. Sec. 163.13. Detached second dwelling units (granny units). Sec. 163.14. Drive-in facilities. Sec. 163.15. Duplex uses in R-1, Residential District. Sec. 163.16. Facilities emitting odors and facilities handling explosives. Sec. 163.17. Garage sales. Sec. 163.18. Gasoline service stations. Sec. 163.19. Home occupations. Sec. 163.20. Industrial parks. Sec. 163.21. Limited neighborhood commercial uses within residential districts. Sec. 163.22. Manufactured homes. Sec. 163.23. Nonresidential uses in R" districts. Sec. 163.24. Pre -fabricated construction. • Sec. 163.25. Retail liquor stores. Sec. 163.26. Riding stables. Sec. 163.27. Sexually oriented businesses. Sec. 163.28. Tandem lot development. • Sec. 163.29. Wireless communications facilities. Secs. 163.30.-163.99. Reserved. Chapter 164. Supplementary District Regulations. Sec. 164.01 Visibility at intersections in residential/nonresidential districts. Sec. 164.02. Fences, walls, and vegetation. Sec. 164.03. Erection of more than one principal structure on a lot of record. Sec. 164.04. Height regulations; exceptions. Sec. 164.05. Structures to have access. Sec. 164.06. Extraction. Sec. 164.07. Nonconforming uses and structures. Sec. 164.08. Parking and storage of certain vehicles. Secs 164.09.-164.99. Reserved. Chapter 165. Airport Zone. Sec. 165.01 Sec. 165.02 Sec. 165.03 Sec. 165.04 Sec. 165.05 Secs. 165.01 • Airport zones; establishment. • Airport zone height limitations Use restriction. Nonconforming uses. Permits. L-165.99. Reserved. Chapter 166. Development Sec. 166.01. Subdivision approval. Sec. 166.02. Plat requirements. • Sec. 166.03. Urban subdivision. Sec. 166.04. Suburban subdivisions. Sec. 166.05. Large Scale Development (LSD). Sec. 166.06. Planned Unit Development (PUD) Sec. 166.07. Required off -site improvements. Sec. 166.08. Design standards. Sec. 166.09. Condition of acceptance. Sec. 166.10. Buffer strips and screening. Sec. 166.11. Conformance to plans and regulations. Sec. 166.12. Structures not allowed over public easements. Sec. 166.13. Underground utility wires. Sec. 166.14. Site development standards and construction and appearance design standards for commercial structures. Sec. 166.15. Application for building permit. Sec. 166.16. Construction to be as provided in application, plan, and permits. Sec. 166.17. Suspending issuance of permits pending zoning amendments. Secs. 166.18.-166.99. Reserved. Chapter 167. Tree Preservation and Protection. Sec. 167.01. Purpose. Sec. 167.02. City of Fayetteville Tree Preservation, Protection and Landscape Manual. Sec. 167.03. Tree registry. Sec. 167.04. Tree preservation and protection during development. Sec. 167.05. Tree protection measures and construction. Sec. 167.06. Tree planning, maintenance and removal on street rights -of -way and other public grounds. Sec. 167.07. Commercial tree pruner service; certificate and insurance required. Sec. 167.08. Hazardous trees. Sec. 167.09. Local disaster emergency: Sect 167.10.-167.99. Reserved. Chapter 168. Flood Damage Prevention Code. Sec. 168.01. Adoption by reference; maps. Sect 168.02.-168.99. Reserved. Chapter_169._P_hystcalAlteration of Land. Sec. 169.01. Intent Sec. 169.02. General requirements. Sec. 169.03. Permits required/exceptions. Sec. 169.04. Minimal erosion control requirements. Sec. 169.05. One-time approvals. Sec. 169.06. Land alteration requirements. Sec. 169.07. Grading plan specifications. Sec. 169.08. Grading plan submittal. Sec. 169.09. Minor modifications. Sec. 169.10. Approval. Sec. 169.11. Discovery of historic resources. Sec. 169.12. Certificate of occupancy. Sec. 169.13. Owner responsibility. Sec. 169.14. Repealed. Sees. 169.15.-169.99. Reserved. Chapter 170. Stormwater Management, Drainage and Erosion Control. . Sec. 170.01. Intent. Sec. 170.02. Adoption of Drainage Criteria Manual. Sec. 170.03. Permits required. Sec. 170.04. Permit conditions. Sec. 170.05. Permit application. Sec. 170.06. Submission, review, and approval of plans. Sec. 170.07. Performance criteria. Sec. 170.08. Maintenance responsibility. Sec. 170.09. Processing. Secs. 170.10.-170.99. Reserved. Chapter 171. Streets and Sidewalks. Sec. 171.01. Miscellaneous provisions. Sec. 171.02. Intersections. Sec. 171.03. Street improvements. Sec. 171.04. Crosswalks.tobe accessible to physically disabled. Sec. 171.05. Procedure for dosing utility easements and street rights -of -way. Sec. 171.06. Occupation of streets and highways by public utilities. Sec. 171.07. Maintenance and construction policies. Sec. 171.08. Order of City Council or permit required. Sec. 171.09. Application for permit Sec. 171.10. Standards for issuance of permit; expiration and removal. Sec. 171.11. Inspection of work; replacement of rejected work. Sec. 171.12. Property owner to construct sidewalk upon receipt of notice. Sec. 171.13. Sidewalk and driveway specifications. Sec. 171.14. Excavations. . Sec. 171.15. Street improvements districts. Secs. 171.16.-171.99. Reserved. Chapter 172. Parking and Loading. Sec. 172.01. Off-street parking lot design requirements. Sec. 172.02. Off-street loading. Sec. 172.03. Bicycle parking rack requirements. Secs. 172.04.-172.99. Reserved. Chapter 173. Building Regulations. Sec. 173.01. General provisions. Sec. 173.02. Fire Prevention Code/Building Code. Sec. 173.03. Fire zones. Sec. 173.04. Electrical Code. Sec. 173.05. Gas Piping Code. Sec. 173.06. Plumbing Code. Sec. 173.07. Mechanical Code. Sec. 173.08. Unsafe buildings. Sec. 173.09. Homebuilders Registration. Sec. 173.10. Standard Housing Code. Secs. 173.11.-173.99. Reserved. Chapter 174. Signs. 11 Sec. 174.01. General regulations. Sec. 174.02. Permit applicationlssuance. Sec. 174.03. Exemptions. Sec. 174.04. Sign identification. Sec. 174.05. Sign removal. Sec. 174.06. Nonconforming signs. Sec. 174.07. Placing signs on public and private property. Sec. 174.08. Prohibited signs. Sec. 174.09. Sign illumination. Sec. 174.10. Freestanding signs. Sec. 174.11. Project signs.. Sec. 174.12. Wall signs. Sec. 174.13. Repealed. Secs. 174.14.-174.99. Reserved. Chapter 175. Manufactured Homes and Manufactured Home Parks. Sec. 175.01. Manufactured home park operator's permit. Sec. 175.02. Minimum standards for manufactured home parks. Sec. 175.03. Manufactured homes and manufactured home parks opened or expanded after April 20, 1972. Secs. 175.04.-175.99. Reserved. •Not -Ord. No. 4100, § 1, adopted June 16, 1998, deleted Tile 15, Land Usage; Chapter 118. Sexually Oriented Business; and §§ 98.01, 98.02, 98.06 and 98.12 through 98.99, Streets and Sidewalks. Section 2 of Ord. No. 4100, adopted by reference, Exhibit A attached to such ordinance, being Tide XV. Unified Development Ordinance. At the city's request, such new Title XV has been set out at length herein. Capitalization has been conformed to Code Style; history notes have been maintained, but condensed and arranged in chronological order at the end of each section; and any words appearing in brackets have been added by the editor for clarity. .. 0 fl • TITLE XV. UNIFIED DEVELOPMENT CODE Chapter 150. General Provisions Article I. General Provisions Sec. 150.01. Title. Sec. 150.02. Purpose. Sec. 150.03. Authority. Sec. 150.04. Jurisdiction. Sec. 150.05. Relationship to previous development ordinances. Sec. 150.06. Relationship to other provisions of the Code of Fayetteville. Sec. 150.07. Conflicts. Sec. 150.08. Rules of construction. Sec. 150.09. Headingstcatchlines of sections. Sec. 150.10. No warranty implied. Sec. 150.11. Compliance. Sec. 150.12. Penalty. Sec. 150.13. Severability. Sect 150.14.-150.99. Reserved. CD150:1 • Fayetteville Code of Ordinances • CD 150:2 TITLE XV. UNIFIED DEVELOPMENT CODE CHAPTER 150. GENERAL PROVISIONS. • • Sec. 150.01. Title. This title shall be known and may be cited as the Unified Development Code, Code of Fayetteville, and may be cited and abbreviated as "UDC (Ord. No. 4100, §2 (Ex. A), 6-16-98) Sec. 150.02. Purpose. The UDC is adopted for the purpose of implementing the General Plan and any other plans or policies adopted or amended by the, City Council, in a manner that furthers the health, safety and general welfare of the people of the community and to provide uniform standards for the development of land and the installation of related improvements. The UDC sets forth the procedures, requirements, and minimum standards intended to promote an appropriate mix of land uses in an orderly manner; enhance aesthetic quality, moderate street congestion, secure safety from events such as fire, flood, erosion and landslides; prevent overcrowding of land; provide adequate light and air; and provide for circulation,.recreation, and other public services and facilities. The UDC provides for, but is not limited to, development of land uses which protect established neighborhoods, and commercial and industrial districts; allows compatible infill of established areas; provides flexibility for mixing of uses to achieve traditional neighborhood developments; protects significant environmental resources; and makes a livable community. (Code 1991, §159.01; Code 1965, App. C. Art 1, §A; Ord. No. 1750,7-6-70; Code 1991, §158.02; Code -1965, §17B-14 Ord. No., 1893, 12-19-72; Code 1991, §160.001; Code 1965, App. A, Art 13; Ord No. 1747, 6-29-70; Code 1991, §158.02; Code 1965, §17B-14; Ord. No. 1893, 12-19-72; Ord. No. 4100, §2 (Ex. A), 6-16-98) Sec. 150.03. Authority. The provisions contained in the UDC are adopted pursuant to the authority conferred on the city by the General Assembly of the State of Arkansas, A.C.A. §14-54-103, General Powers of Cities and Towns; A.C.A. §14-54-104; Additional Powers of Cities of the First Class; and A.C.A. Title 14, Chapter 56, Municipal Building and Zoning Regulations —Planning; as amended. (Code 1991, §159.02; Code 1965, App. C, Art. I, §B; Ord. No. 1750, 7-6-70; Ord. No. 4100, §2 (Ex. A), 6-16-98) Sec. 150.04. Jurisdiction. The city's planning jurisdiction is the area within the corporate boundaries as well as the area described in the planning area boundary description as filed with the City Clerk and Washington County Circuit Clerk's office. Such planning area boundary description may be modified from time to time in accordance with A.C.A. §14-56- 413. (Code 1991, §159.03; Ord. No. 3895, §1, 6-20-95; Code 1991, §163.04(A); Code 1965, App. C, Art. 1, §C; Ord. No. 1750, 7-6-70; Ord. No. 4100, §2 (Ex. A), 6-16-98). Sec. 150.05. Relationship to previous develop- ment ordinances. The UDC shall be considered a restatement of previously adopted development ordinances and not a new enactment unless otherwise specifically provided. Any situation which was considered nonconforming under the ordinances previously in force does not achieve lawful, conforming status under this chapter merely by the repeal of the previous ordinances to enact the UDC. (Ord. No. 4100, §2 (Ex. A), 6-16-98). Sec. 150.06. Relationship to other provisions of the Code of Fayetteville. The use of buildings and land shall be subject to all other applicable provisions of the Codeof Fayetteville regardless of cross references within the UDC. Cross references to other provisions of the Code of Fayetteville are for the convenience of the reader. Lack of a cross reference shall not be construed as an indication that other provisions of the Code of Fayetteville do not apply. (Ord. No. 4100, §2 (Ex. A), 6-16-98) Sec. 150.07. Conflicts. (A) UDC/other code requirements. The provisions of the UDC shall be held to be minimum requirements. Where requirements of the UDC are at a variance with other requirements within the Code of Fayetteville, the highest or most restrictive requirements shall apply. (B) UDC/UDC. Where a conflict arises between one section of the UDC and another section of the UDC, the most stringent section shall apply. (C) UDC/Genera! Plan. The regulations contained herein are adopted giving due consideration to the General Plan. Thus, the requirements of the UDC shall take precedence over the policies of the General Plan. Any conflict therewith should not be considered basis for challenge. (D) UDC/private agreements. The UDC is not intended to abrogate any private agreements, deed restrictions, covenants, easements, or other private agreements on the use of land. Where the UDC is more restrictive or imposes higher standards than the private agreement, the UDC shall control. Where the provisions of a private agreement are more restrictive or impose higher standards than the UDC, the provisions of the UDC shall be implemented and enforced by the city and the private restrictions shall be implemented and enforced under the terms of the CD 150:3 • Fayetteville Code of Ordinances • private agreement. Private agreements shall not be enforced by the city. (E) A.C.A. amendments. Whenever any provision of the UDC refers to or cites a section of the Arkansas Code Annotated (A.C.A.) which is later amended or superseded, the UDC shall be deemed amended or superseded in accordance therewith. (Code 1965, §17B-14; App. A, Art 13; App. B, §XII; Ord. No. 1747, 6-29-70; Ord. No. 1893, 12-19-72; Ord. No. 2697, 1- 20-81; Code 1991, §§150.11, 158.02, 150.001, 162.12; Ord. No. 3699, §13, 4-20.93; Ord. No. 4100, §2 (Ex. A), 6-16-98) Sec. 150.08. Rules of construction. In the construction of the UDC, the following rules shall be observed, unless the context clearly indicates otherwise. (A) City. The words "the city' or "this city" shall be, construed as if the words "of Fayetteville" followed it and include its several officers, agents, and employees. (B) City Council. Whenever the words' City Council" are used, they shall be construed to mean "City Council of Fayetteville. (C) Computation of time. Whenever a notice is required to be given or an act to be done, or in computing a certain length of time before any proceeding shall be had, the day on which such notice is given, or such act is done, shall not be counted in computing the time, but the day of which such proceeding is to be had shall be counted. (D) County. The words 'the county or "this county' shall mean the "County of Washington? (E) Gender. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships, and corporations as well as to males. (F) Number. A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing. (G) Oath. The word 'oath" shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear" and "swom" shall be equivalent to the words "affirm" or "affirmed." (H) Or/and. Or may be read "and," and "and" may be read "or if the sense requires it. (I) Owner. The "owner, applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety, of the whole or of a part of such building or land. (J) State. The words "the state" shall be construed to mean the "State of Arkansas! (K) Time. Words used in the present or past tense include the future as well as the present and past. (Ord. No. 4100, §2 (Ex. A), 6-16-98) Sec. 150.09. Headings/catchlines of sections. Headings and/or catchlines of the several sections of the UDC are intended as mere catchwords to indicate the contents of the section and are provided for the convenience of the reader. Headings and/or catchlines shall not be deemed or taken to the titles of such sections, nor as any part of the section, nor, unless expressly so proved, shall they be so deemed when any of such sections, including the catchlines, are amended or re-enacted. Sec. 150.10. No warranty implied. Nothing contained herein shall be construed or interpreted to constitute a warranty by the city of the compliance of any person or persons with the provisions of the UDC. No word, phrase, or paragraph contained herein shall be interpreted or construed to waive that tort immunity as set forth under Arkansas law. (Code 1991, §163.11; Ord. No., 3895, 6-20.95; Ord. No. 4100, §2 (Ex. A), 6-16-98) State law reference(s)-Tort liability —Immunity declared, A.C.A. §21-9-301. Sec. 150.11 Compliance. Any perrniL certificate, etc., which is issued in. compliance with the regulations set forth in this UDC, is issued only for the stated purpose. No other use, arrangement, construction, etc. is authorized. Any use at variance therewith shall be deemed a violation of this UDC. (Code 1965, App. A, Art. II; Ord. No. 1747, 6-29-70; Ord. No. 1750, 7-6-70; Code 1991, §§159.10, 160.194; Ord. No., 4100, §2 (Ex. A), 6-16-98) Sec. 150.12. Penalty. Cross reference(s)—Enforcement, §153.10; General Penalty, §10.99. Sec. 150.13. Severability. If any section, paragraph, clause or part of the UDC is for any reason invalid, such decision shall not affect the validity of the remaining provisions of the UDC; and the application of those provisions to any person or circumstances shall not be affected thereby. (Code 1991, §159.69; Ord. No. 4100, §2 (Ex. A), 6-16-98) • • • CD 150:4 Fayetteville Code of Ordinances Secs. 150.14.--150.99. Reserved. State law reference(s)—General powers of cities and towns, A.C.A. §14-54-103; Additional powers of cities of the first class, A.C.A. §14-54-104; Municipal Building and Zoning Regulations —Planning, as amended, Arkansas Code Annotated, Title 14, Chapter 56, Territorial jurisdiction, A.CA. §14-56-413. ii I• CD 150:5 • Fayetteville Code of Ordinances • • CD 150:6 • • TITLE XV. UNIFIED DEVELOPMENT CODE • Chapter 151. Definitions. Sec. 151.01 Definitions. CD151:1 0 Fayetteville Code of Ordinances • • • I • I CD151:2 • • TITLE XV. UNIFIED DEVELOPMENT CODE CHAPTER 151. DEFINITIONS. Sec. 151.01. Definitions. For the purpose of Title XV, Unified Development Code, the following definitions shall apply to the divider sections, chapters, sections or subsections, unless the context dearly indicates or requires a different meaning. A Abbreviated Tree Preservation Plan. (Tree Preservation and Protection) A shorter, less formal tree preservation plan required of applicants seeking building, grading, or parking lot permits, but who are not subject to the requirements for large scale developments or subdivisions. Accessory community structures (Manufactured Homes and Parks) (Manufactured Homes and Parks opened or expanded after 4-20.72) A structure or a portion of a structure for commercial use that is located in a manufactured home park and which is intended solely for the convenience of the residents or occupants of the manufactured home park. Accessory structures. (Manufactured Homes and Parks) (Manufactured Homes and Parks opened or expanded, 420-72) Any structural addition to the manufactured home such as awnings, cabanas, carports, Florida rooms, porches, patio covers, and similar additions. Accessory use or structure. (Zoning) A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. Act. (Wireless Telecommunications Facilities) The Communications Act of 1934, as it has been amended from time to time, including the Telecommunications Act of 1996, shall include any future amendments. Active open space. (Development) An area intended for rigorous activity such as tennis, baseball, badminton, and other games requiring physical exertion. Administrative determination. (Tree Preservation and Protection) Final action by the landscape administrator to either approve, conditionally approve or disapprove a tree preservation plan. Administrative determinations apply only to those projects which do not require Planning Commission approval. Adult arcade. (Zoning) Any place to which the public is permitted or invited wherein coin -operated or slug -operated or electronically, electrically, or mechanically controlled image producing devices are maintained to show images to five or fewer viewers at one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical area." Adult bookstore or adult video store. (Zoning) 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: books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, or video reproductions, slides or other visual representations which ' depict or describe "specified sexual activities" or "specified anatomical areas'." Adult cabaret (Zoning) A nightclub, bar, restaurant, or similar commercial establishment which regularly features: (A) Persons who appear in a state of nudity; or (B) Live performances which are characterized by the exposing of "specified sexual activities' or "specified anatomical areas;" or (C) Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction of "specified sexual activities' or "specified anatomical areas." Adult motion picture theater. (Zoning) A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown, excluding those which are characterized • by the exposure of "specified sexual activities' or "specified anatomical areas.' Adult theaters. (Zoning) A theater, concert hall, auditorium, or similar commercial establishment, which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of "specified sexual activities" or "specified anatomical areas." Airport. (Airport Zone) Fayetteville Airport (Drake . Field). Airport elevation. (Airport Zone) 1,251 feet above mean sea level. Alley. (Development) A minor public way dedicated to public use for utility easements and vehicle access to the back or the side of properties abutting a street. CD151:3 • Fayetteville Code of Ordinances Alternative tower stricture. (Wireless Tele- communications Facilities) Man-made trees, clock towers, bell steeples, light poles, and similar alternative design mounting structures that camouflage or conceal the presence of antennas or towers and are built for the express purpose of serving as a tower or for locating antennas. Analysis report. (Tree Preservation and Protection) A report, which among other things, sets forth any alternative designs the applicant considered in arriving at the proposed design. Antenna. (Wireless Telecommunications Facilities) Any structure or device used to collect or radiate electromagnetic waves, including both directional antennas, such as panels, microwave dishes and satellite dishes and omni-directional antennas, such as, whips but not including satellite earth stations. Applicant (Tree Preservation and Protection) Any person, party, partnership, corporation or other business entity seeking the city's approval of a proposed tree preservation plan. Approach surface. (Airport Zone) A surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope. In a plane the perimeter of the approach surface coincides with the perimeter of the approach. Approach, transitional, horizontal and conical zones. (Airport Zone) Those zones as set forth in § 165.01. Approval. (Physical Alteration of Land) A written authorization by the city engineer. Area sign. (Signs) A sign to identify a common area containing a group of structures, or a single structure on a minimum site of five acres, such as a residential subdivision, residential office, commercial or industrial subdivision, apartment complex, manufactured home park, or shopping center located at the entrance or entrances of the area, and consisting of fence or wall or.archway with letters or symbols affixed thereto or other supporting structure as approved by the zoning and development administrator. As graded. (Physical Alteration of Land) The surface condition on completion of grading. 0 Banner. (Signs) Any sign printed or displayed upon cloth or other flexible material, with or without frames. . Base density. (Tree Preservation and Protection) The number of trees an applicant must plant based upon the quality and number of the trees proposed to be removed per acre. Base flood. (Stormwater Management, Drainage and Erosion Control) The flood having a one percent chance of being equaled or exceeded in any given year, also referred to as the 100 year storm event. Beacon. (Signs) A stationary or revoMng light which flashes or projects illumination, single color or multi -colored, in any manner which is intended to attract or divert attention; except, however, this tent is not intended to include any kind of lighting device which is required or necessary under the safety regulations described by the Federal Aviation Agency or similar agencies. Bed and breakfast facility. (Zoning) A permanently owner occupied private home with a maximum of five guest rooms furnishing temporary lodging and breakfast to paying customers. Board of Adjustment. (Airport Zone) The Board of Adjustment established by Chapter 33. Bona fide agricultural purpose. (Tree Preservation and Protection) The aim or goal of facilitating the ongoing commercial pursuit of farming, dairying, pasturage, horticulture, viticulture, or the keeping or raising of livestock or poultry, not otherwise prohibited by city ordinance. Buildable area. (Zoning) the portion of a lot remaining after required yards have been reserved. Building official. (Building Regulations) A city building inspector. Building permit. (Manufactured Homes and Parks) (Manufactured Homes and Parks opened or expanded after 4-20-72) A written permit issued by the enforcement officer permitting construction, erection, alternation, remodeling, or repair of a manufactured home park. Bulletin board. (Signs) Any sign erected by a 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. • [1 I] CD151:4 • i TITLE XV. UNIFIED DEVELOPMENT CODE S 0 C Caliper. (Parking and Loading) A measurement of general tree size taken at a point located six inches above natural ground or root ball surface. Caliper. (Tree Preservation and Protection) The diameter of a young tree (those with a diameter of 4' or less) measured 6' above ground level. Canopied Slopes. (Tree Preservation and Protection) Any land with a slope of 15% or greater containing trees, woody shrubs and herbaceous plants that serve th function of sustaining the structural integrity of the soil, thus reducing the likelihood of erosion, slide or slump. Canopy. (tree Preservation and Protection) The combined crowns of all trees on a tract of land. Chief administrator. (Building Regulations) The mayor of the City of Fayetteville. Chief appointing authoidy. (Building Regulations) The City Council. Chief building official. (Building Regulations) Building Safety Division director. City. (Stormwater Management, Drainage and Erosion Control) The City of Fayetteville, including staff and elected officials, or designee. City Engineer. (Stormwater Drainage and Erosion Control) The city engineer or his appointed representatives, including assigned staff engineers, technicians and inspectors. City of Fayetteville Landscape Manual. (Tree Preservation and Protection) A document having detailed instructions for preparing tree preservation plans and standards and specifications for tree protection, planting, maintenance and design. City official. (Streets and Sidewalks) The mayor (or other official designated by the mayor, and authorized to issue the permits granted thereunder) of the city. City Planning Commission. (Manufactured Homes and Parks) (Manufactured Homes and Parks opened or expanded after 4-20-72) That commission created for the city by Chapter 33. Club or lodge. (Zoning) A building or portion of a building used by an association for the promotion of some common objective excepting dubs the chief activity of which is a service customarily carried on as a business. Collector street. (Streets and Sidewalks) A street which in addition to serving abutting properties, intercepts minor streets, connects with community facilities and carries neighborhood traffic to the major arterial street system. Co -location. (Wireless Telecommunications Facilities) Locating wireless communications equipment for more than one provider at a single communications facility, on a building, or on an alternative tower structure. Commercial development. (Tree Preservation and Protection) Any development in an R -O, Commercial or Industrial Zone and any conditional use in any other zone which permits activities usually conducted within an R -O, Commercial or Industrial Zone. Commercial driveway. (Streets and Sidewalks) An entrance on public property or exit from any commercial, business, or public establishment adjacent to a public street or highway. Commercial tree pnmer/service. (Tree Preservation or Protection) A person who performs work on trees for profit. Common open space. (Development) Land within or related to a development, not individually owned or dedicated for public use, which is reserved for the exclusive use or enjoyment of the residents or occupants of the development and their guests. Community storage structure. (Manufactured Homes and Parks) A structure located in . a manufactured 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 manufactured 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. Conditional use. (Zoning) A use permitted in certain zoning districts subject to certain conditions imposed by the Planning Commission after review of 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 CD151:5 0 Fayetteville Code of Ordinances C the horizontal surface at a slope of twenty -to -one for a horizontal distance of 4,000 feet. Connection. (Water and Wastewater Impact Fees) The physical tie-in of a private water or wastewater service system to the City of Fayetteville's public water or, wastewater system. Conservation easement. (Tree Preservation and Protection) A formal, legally binding agreement between parties, usually a landowner and a private or public entity, providing for the preservation of land in its natural state. Construction permit. (Stormwater Management, Drainage and Erosion Control) Stormwater management, drainage and erosion control permit issued by the city to an entity 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. , Contiguous woodlands. (Tree Preservation and Protection) A portion of canopy existing on the site of proposed development, which is a part of a larger, unbroken forest, whether or not it extends onto adjacent lots. 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) See "Excavation." D Dance hall. (Zoning) 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 dubs 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. Deciduous trees. (Physical Alteration of Land) Trees that shed their leaves annually. 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's offices. Dependent manufactured home. (Manufactured Homes and Parks) (Manufactured Homes and Parks opened or expanded, 420-72) A manufactured 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 and Erosion Control) Any person(s), parties, partnerships, or corporations, private or public, engaging in activities described as development. Developer. (Development) A person, firm or corporation undertaking to develop a subdivision or large scale development as set forth in the development regulations. 0 0 CD151:6 • • TITLE XV. UNIFIED DEVELOPMENT CODE • • Development. (Stormwater Management, Drainage and Erosion Control) 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. 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 Preservation and Protection) 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 district 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. (Stormwater Management, Drainage and Erosion Control) The watershed area contributing surface and stormwater runoff to a stormwater management system. Dripline. (Tree Preservation and Protection) 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, manufactured 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 manufactured home. 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, 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. E Easement. (Development) A grant by the property owner to the public, a corporation or persons, for the use of a strip of land for specific purposes. Enforcement officer. (Manufactured Homes and Parks) (Manufactured Homes and Parks opened or expanded, 420-72) The chief building inspector of the city, or his/her 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. 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. Fall zone. (Wireless Communications Facilities) The area within which a tower or antenna might cause damage to persons or property should the tower or antenna be knocked down, blown over or fall on its own. Family. (Zoning) In single-family residential districts, a family is no more than three persons unless all are related and occupy a dwelling as a single housekeeping unit in the RSF-.5 (Residential Single-family — Half Acre), RSF - 1 (Residential Single-family - One acre), RSF - 2 (Residential Single-family — 2 Acre), RSF - 4 (Residential Single- family — 4 Units per Acre), and RSF - 7 (Residential Single-family — 7 Units per Acre) zoning districts. In all other zoning districts where residential uses are permitted, a family is no more than four persons unless all are related and occupy a dwelling as a single housekeeping unit. A family is when all persons are related by blood, • manage, adoption, guardianship or other duly -authorized custodial relationship. The definition of family does not include fraternities, sororities, clubs or institutional groups. FCC. (Wireless Telecommunications Facilities) The Federal Communications Commission. 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, 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; Excavation. (Physical Alteration of Land) The (2) Tire servicing and repair, but no recapping or regrooving; mechanical removal of earth material from water or land. (3) Replacement of mufflers and tail pipes, water hose, fan belts, brake fluid, light F bulbs, fuses, floor mats, seat covers, 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 •TITLE XV. UNIFIED DEVELOPMENT CODE • • (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 customer; provision of restroom facilities. -Uses-permissible-ata filling station do not include major mechanical and body work, straightening of body parts, painting, welding, storage or 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. -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. Flood or flooding. (Flood Damage Prevention) A general and temporary condition or partial or complete inundation of normally dry land areas from the overflow of flood waters, or the unusual and rapid accumulation or run-off of surface water from any source. Flood boundary and floodway map. (Flood Damage Prevention) The official map on which the Federal Insurance Administration has delineated both the areas of flood hazards and the floodway. Flood Insurance Rate Map (FIRM). (Flood Damage. Prevention) The official map on which the Federal Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the Floodway. Flood Insurance Study. (Flood Damage Prevention) The official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood. Floodplain. (Stormwater Management, 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. Floodplain or flood -prone area. (Flood Damage Prevention) Areas that are subject to, or are exposed to, flooding and flood damage. . Floodplain management. (Flood Damage Prevention) The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to, emergency preparedness plans, flood control works and floodplain management regulations. Floodplain management regulations. (Flood Damage Prevention) Development code, building codes, health regulations, special purpose ordinances (i.e., grading . ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. - Flood -proofing. (Flood Damage Prevention) Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. CD151:9 Fayetteville Code of Ordinances Is Floodway. (Flood Damage Prevention) The channel of a river, or other watercourse, and the adjacent land area that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "Regulatory floodway." 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 to conveye-d..wit_houtincreases of more than 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 is increased water surface elevations. Forestation. (Tree Preservation and Protection), The act of planting trees. 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. Functionally dependent use. (Flood Damage Prevention) A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. .r 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. 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 .gnat-intime, preventing erosion. Guyed towers. (Wireless Telecommunications Facilities) A communications tower that is supported, in whole or in part, by guy wires and ground anchors. 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 Preservation and Protection) 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. ((Manufactured Homes and Parks) (Manufactured Homes and Parks opened or expanded, 4-20-72) The legally designated health authority of the city or his authorized representative. Height. (Airport Zone) Sea level elevation, unless otherwise specified. Height. (Wireless Telecommunications Facilities) The vertical distance measured from the mean elevation of the finished grade to the highest point on the tower or other structure, even if said highest point is an antenna or antenna array. Highest adjacent grade. (Flood Damage Prevention) The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. 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,- _.... • CD151:10 • • • •TITLE XV. UNIFIED DEVELOPMENT CODE • Historic Structure. (Flood Damage Prevention) House, lodging or rooming. (Zoning) A dwelling, Any structure that is: or building where lodging is provided for two or more persons for compensation, pursuant to previous (A) Listed individually in the National Register of arrangements, but which is not available to transients Historic Places (a listing maintained by the and with which no table board is furnished. Department of Interior) or preliminarily determined by the Secretary of the Interior Hydroseed. (Physical Alteration of Land) A as meeting the requirements for individual machine blown mixture of mulch, see and sometimes listing on the National Register, fertilizes. (B) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered Illuminated sign. (Signs) Any sign which has historic district or a district preliminarily characters, letters, figures, designs or outline determinedby.the .Secretary_to_qualify as a ---illuminated by electric lights or luminous tubes as a registered historic district; or part of the sign proper. (C) Individually listed on a state inventory of historic places which has been approved by the Secretary of the Interior. 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 nontraffic generating occupation, profession oravocation-conducted'irt 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 745 watts. Housing Board. (Manufactured Homes and Parks) (Manufactured Homes and Parks opened or expanded, 4-20-72) The Housing Board established by the city. Illumination, direct. (Signs) Illumination which is •so -arranged 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. Impact Fee Administrator. (Water and Wastewater Impact Fees) The Zoning and development administrator or his designee 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. Independent manufactured home. ((Manufactured Homes and Parks) (Manufactured Homes and Parks opened or expanded, 4-20-72) A manufactured home which has a flush toilet and a bath or shower. 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. Invasive species. (Tree Preservation and Protection) Any species not indigenous to a region, which becomes established and displaces native species. - - CD151:11 • • Fayetteville Code of Ordinances J Joint identification sign. (Signs) A sign which serves as common or collective identification for a group of persons or businesses operating on the same subdivision or lot in a residential office, commercial or industrial district (e.g., shopping center, office complex, etc.) Such sign may name the person(s) or business included but carry no other advertising matter. L Land disturbance. (Tree Preservation and Protection) Clearing, scraping, grubbing, or otherwise removing or destroying the vegetation of a site, or adding, removing, exposing, excavating, leveling grading, digging, tunneling, trenching, burrowing, dumping, piling, dredging or application of toxic substance, storage of materials, and operation of equipment, or otherwise significantly disturbing the soil, mud, sand, or rock of a site. Landscape administrator. (Tree Preservation and Protection) The person who is responsible for the administration of Tree Preservation and Protection, Chapter 167. Landscape establishment guarantee.. (free Preservation and Protection) A bond, irrevocable letter of credit, or other surety held by the city until the satisfactory conclusion of the three year landscape establishment period. 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. Lattice tower. (Wireless Telecommunications Facilities) A guyed or self-supporting three or four sided, open, steel frame structure used to support telecommunications equipment. Lease. (Signs) An agreement by which a property owner conveys, usually for a specified rent, to other persons, permission to erect and maintain an advertising sign upon his property. Less desirable species. (Tree Preservation and Protection) Low -priority trees or other woody shrubs listed in the City of Fayetteville Tree Preservation, Protection, and Landscape Manual. Levee. (Flood Damage Prevention) A man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. L=':ee Levee system. (Flood Damage Prevention) A flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. 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 "parcer. Such lot shall have frontage on an improved public street, and may consist of: • I CD151:12 TITLE XV. UNIFIED DEVELOPMENT CODE (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. Lot, comer. (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 degrees. 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 bounds, the description of which has been so recorded. Lowest floor. (Flood Damage Prevention) The lowest, floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such an enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter. M Major developments. (Development) A suburban or urban major development shall be a large scale development or subdivision that satisfies either of the following conditions: (A) It contains 40 acres or more. (B) It contains 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. 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. Manufactured home. (Flood Damage Prevention) A factory -built, single-family structure that meets the National Manufactured Home Construction and Safety Standards Act (42 U.S.C. § 5401), commonly known as the HUD (U.S. Housing and Urban Development) code. For floodplain management purposes the term also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes the term 'manufactured home' does not include park trailers, travel trailers, and other similar vehicles. Manufactured home. (Manufactured Homes and Parks) A home built entirely in the factory under a federal building code, administered by the U.S. Department of Housing and Urban Development (HUD), which went into effect June 15, 1976. Manufactured home. (Manufactured Homes and Parks opened or expanded after 4-20-72) A detached structure designed as a. complete residential dwelling unit with a permanent chassis 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. Manufactured home lot. (Manufactured Homes and Parks opened or expanded after 4-20-72) A plot of ground or a lot in a manufactured home park designed for the location for only one manufactured home. Manufactured home pad. (Manufactured Homes and Parks opened or expanded after 4-20-72) That part of an individual manufactured home lot which has CD151:13 • Fayetteville Code of Ordinances • been reserved for the placement of a manufactured home. Manufactured home park. (Manufactured Homes and Parks) Any plot of ground of at least one acre in size upon which two or more manufactured homes, occupied for dwelling or sleeping purposes, are located. Manufactured home park. (Manufactured Homes 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 manufactured 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. Manufactured home park or subdivision. (Flood Damage Prevention) A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent. Manufactured home space. (Manufactured Homes and Parks) A plot of ground within a manufactured home park, designed for the accommodation of one manufactured home. Manufactured homes and trailer sales lot. (Manufactured Homes and Parks opened or expanded after 420-72) A lot on which unoccupied trailers are parked for purposes of inspection and sale. Manufactured home court. (Zoning) Any plot of ground on which there are located or intended to be located two or more manufactured homes to be occupied for dwelling or sleeping purposes. Mansard roof. (Signs) Any roof that has an angle greater than 45 degrees 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. May. Is permissive Mean sea level. (Flood Damage Prevention)'For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown -on -a _ community's Flood Insurance Rate- Map are referenced. Meter. (Building Regulations) For the purpose of establishing electrical permit fees for additions, alterations, repair, and new installments 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. Mitigation. (Tree and Preservation and Protection) The planting of trees on -site in an effort to lessen the environmental damage caused by the injury or removal of trees during development. Mobile home. (Zoning) A manufactured home built prior to June 15, 1976. Monopole tower. (Wireless Telecommunications Facilities) A communications tower constructed without the use of guy wires and ground anchors and consisting of only a single pole. Monument sign. (Sign) A freestanding sign with a maximum height of six feet above the surrounding finish grade and whose entire base is in contact with and supported by the ground. 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 or erosion. N Native woodlands. (Tree Preservation and Protection) A biological community of trees and woody shrubs native to the Ozark Plateau, covering an area of 10,000 square feet or greater. A list of species to the Ozark Plateau may be found in the City of Fayetteville Tree Preservation, Protection, and Landscape Manual. Natural drainage ways. (Physical Alteration of Land) Ephemeral, intermittent and perennial streams. Chapter 169 is not concerned with ephemeral streams. New construction. (Flood Damage Prevention) For floodplain management purposes, structures for which the start of construction` commenced on or after the effective date of this development code. New Development. (Water and Wastewater Impact Fees) Construction of a new single family 0 • C CD151:14 TITLE XV. UNIFIED DEVELOPMENT CODE 0 ED home and the construction or expansion of any other building or structure. The change in use of a building or structure that results in increased demand from water and wastewater facilities shall also be, considered new development. Nonconforming sign. (Signs) A sign existing on 12-19-72 which could not be built under the terms of the UDC. 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.. - Nonconforming use. (Zoning) A use that lawfully occupied a building or structure or land on the effective -date of_the-zoning ordinance, -adopted June 29, 1970, and that does not conform to the use regulations of the district in which it is located. Non-native woodlands. (Tree Preservation and Protection) A biological •community of trees and woody shrubs, covering the area of 10,000 square feet or greater, descended from non-native species brought to the area during urban settlement. A list of typical non-native species may be found in the City of Fayetteville Tree Preservation, Protection, and Landscape Manual. 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. O 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 of -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. One -hundred year flood. (100-year)(Flood Damage Prevention) A flood which has a one percent annual probability of being equaled or exceeded. It is identical to the "base flood," which will be the term used throughout Chapter 168. 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. (Manufactured Homes and Parks) (Manufactured Homes and Parks opened or expanded after 4-20-72) A written permit issued by the enforcement officer permitting the manufactured _home- park to. operate under _Chapter 175 and regulations promulgated thereunder. Original tower height. (Wireless Telecommunications Facilities) -Height of a tower, not including any antennas, on the date of the passage of this ordinance. Outdoor advertising business. (Zoning) Provision of outdoor displays or display space on a lease or rental basis only. Outdoor music establishment. (Zoning) Any business or establishment that has a garden, patio, rooftop or premises not wholly enclosed by solid walls and fully roofed in which amplified or loud music is played that could be audible at nearby residences or businesses. Outfall. (Stormwater Management, Drainage and Erosion Control) The terminus of a storm drain, where the contents are released. P Parcel. (Development) An area under one ownership. 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. --•--------- Parking lot. (Zoning) An off-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 automanufactured with room for opening doors on both sides, together with property related access to a public street or alley and maneuvering room. CD151:15 0 Fayetteville Code of Ordinances • Passive open space. (Development) An area intended for tranquil activities such as walking, sifting, 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 Management, Drainage and Erosion Control) The maximum rae 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. Percent minimum canopy. (Tree Preservation and Protection) The amount of existing tree canopy an applicant must preserve based on the zoning designation of the land to be developed. Perennial stream. (Physical Alteration of Land) A stream that carries water year round. Person. An individual, firm, limited or general partnership, corporation, company, business, association, joint stock association, organization, ••- -group of individuals, other legal entity or government entity, including a trustee, a receiver or assignee or a similar representative of any of them. Personal use. (Wireless Telecommunications Facilities) "Personal userefers to a non-commercial use •by a resident of the subject property. If any revenues are generated from the operation of the tower, it will not be for personal use as such term is used. Plan, General. (Development) The plan made and adopted by the Planning Commission and adopted by the City Council that includes studies and analysis of the population, housing and economics of the city and includes the future land use plan and the master street plan. Plan, Future Land Use. (Development) A part of the general plan made and adopted by the Planning Commission and adopted by the City Council that establishes long-range planning policies and implementation strategies to manage and guide future growth and development, consisting of a map and text. It includes general recommendations for locations of land uses. Plan, Master Street. (Development) A part of the general plan made and adopted by the Planning Commission and adopted by the City Council that classifying certain streets within the planning area jurisdiction as arterial or collector streets, consisting of a map and text. Planned Zoning District. (Zoning, Development) A zoning district that allows for comprehensively planned developments for either single -use ornixed- use and permits development and zoning review as a simultaneous process. 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 subdivide 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 outline in Chapter 166. Platform sign. (Signs) A single or double -face sign attached to a supporting base place on the ground surface. Plumbing fixture. (Building Regulations) 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 A4rame 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 permanently attached thereto and which is usually two-sided. 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. fl • U CD151:16 TITLE XV. UNIFIED DEVELOPMENT CODE • Prefabricated Construction. . (Zoning) Any structure built off -site excluding manufactured homes. 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. Private open space. (Development) The outdoor living area directly adjoining a dwelling unit or building, intended for the private enjoyment of the residents or occupantso f the dwelling unit or building and defined in such a manner that its boundaries are evident. 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 Preservation and Protection) Areas including street rights -of -way, alleys, parks, medians, substations, treatment plants, plazas, squares, public buildings and any other area designated for public use. Public open space. (Development) Open space, including but not limited to, any park, lake, stream, playground, or natural area commonly open to the public. LI Real estate sign. (Signs) Temporary sign placed upon property for the purpose of advertising to the public the sale or lease of said property. Recreational Structure. (Development) Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground that has a primary use that is recreational in nature. Among other things, recreation structures include tennis courts, basketball courts, swimming pools and jogging trails. 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. Regulatory floodway. (Flood Damage Prevention) See: "F000dway.' Relic orchard. (Tree Preservation' and Protection) Groups of fruit trees originally planted for agricultural purposes, but since taken out of production. Remedy a violation. (Flood Damage Prevention) To bring the_ structure or other development into compliance with state or local floodplain management regulations, or, if it is possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this development code, or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development. 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 hall' 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. 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. Retaining wall height. (Physical Alteration of Land) The height of a retaining wall, for setback CD151:17 Fayetteville Code of Ordinances • purposes, shall be defined as the vertical distance from the top of the wall to the ground surface of the low side. Retention. (Stormwater Management, 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. -Riparian. (Tree Preservation -and -Protection) Of, relating to, or located on the bank of a river or stream. Riparian buffer. (Tree Preservation and Protection) A biological community consisting of trees, woody shrubs and groundcover that exists along the banks of rivers, creeks or intermittent and perennial streams. . 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. Riverine. (Flood Damage Prevention) Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. Roof sign. (Signs) Any sign wholly erected, constructed or maintained on the roof structure or parapet wall of any building. 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 stormwater system. Separate offense. (Tree Preservation and Protection) In relation to trees, each tree is a separate offense. Service building. (Manufactured Homes and Parks) (Manufactured 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. (Zoning) A required open space other than a court unoccupied and unobstructed by any structure or portion of a structure 30 inches above the generals 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 i limitations and requirements limiting obstruction of visibility. 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. I Setback, front. (Zoning) (A) A setback 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 setback pattern on adjoining lots indicates otherwise, front setbacks shall be provided on all frontages. (B) Depth of required front setbacks shall be measured at right angles to a straight line joining 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. Setback, rear. (Zoning) (A) A setback extending across the rear of the I lot between inner side setback lines. In the case of through lots and comer lots, there will be no rear setbacs, but only front and side setbacks. (B)1 Width of a required rear setback shall be I measured in such a manner that the setback established is a strip of the minimum width required by the district regulation with its inner edge parallel with the rear lot line. Setback, side. (Zoning) (A)I A setback extending from the rear line of the required front yard to the rear lot line, or in the absence of any clearly defined rear lot line, or in the absence of any clearly defined rear, lot line to the point on the lot farthest from the intersection of the lot line involved with the public street. In the case of through lots, side setbacks shall extend from the rear lines of front setbacks required. In the case CD151:18 • TITLE XV. UNIFIED DEVELOPMENT CODE of corner lots, yards remaining after full front setbacks have been established shall be considered side setbacks. (B) Width of a required side setback shall be' measured in such a manner that the setback established is a strip of the minimum width required by district regulations with its inner edge parallel with the, side lot line. Setback, special. (Zoning) A setback behind any required setback adjacent to a public street, required to perform the same functions as a side or rear, setback, but adjacent to a lot line so placed or oriented that neither the term "side setback' nor the term "rear setbackclearly applies. Sexually oriented business. (Zoning) An adult arcade, adult bookstore or adult video store, adult cabaret, adult motion picture theater, or adult theater. 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. Significant tree. (Tree Preservation and Protection) A tree with a diameter at breast height (DBH) of 24 inches or more for fast growth species, 18 inches or more for slow and moderate growth species, and 8 inches or more for understory species, as set forth in the City of Fayetteville Tree Preservation, Protection, and Landscape Manual. A tree may also be considered significant because of advanced age for its species, or because it represents an uncommon or endangered species, or due to its location on a site designated as historic by local, state or federal authorities. Single housekeeping unit. (Zoning) A dwelling unit with common access to and common use of all living and eating areas an all areas and facilities for the preparation, serving and storage of food within the dwelling unit. , 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. 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, buttock(s) 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. Start of construction. (Flood Damage Prevention) The date the building permit is issued for either new construction or substantial improvement, provided the actual start of construction, repair, reconstruction, _replacement,_ or other_improyement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, beyond excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation or the installation of streets and/or CD151:19 • Fayetteville Code of Ordinances • walkways, nor does it include the installation on the Stream comdor. (Stormwater Management, property of accessory buildings, such as garages or Drainage and Erosion Control) The landscape and sheds not occupied as dwelling units or not part of the physical, features on both sides of a stream, including main structure. soils, slope, and vegetation, whose alteration can directly impact the stream's physical characteristics Stealth technology. (fireless Telecommuni- cations Facilities) Systems, components and materials used in the construction of wireless communications facilities to make it compatible with the surrounding property. Stormwater. (Stormwater Management, 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. (Flood Damage Prevention) A watercourse having a source and terminus, banks, and channel through which waters flow at least periodically. Streams do not lose their character as a watercourse even though the water may dry up. For the purpose of this ordinance, streams are defined on the Flood Insurance Rate Map as single lines with no floodplain or floodway defined. and biological properties. Street. (Development) A strip of land, including the entire right-of-way, intended primarily as a means of vehicular and pedestrian travel which may also be used to provide space for sewers, public utilities, trees and sidewalks. Street, arterial. (Development) A street or road 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 neighborhood 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 line. (Zoning) (Streets and Sidewalks) The right-of-way line of street. Street, minor. (Development) A street used primarily to provide access to abutting properties. Street right-of-way. (Development) The area designated for city improvements on both sides of the street. i Streets. (Streets and Sidewalks) Of higher use designation than collector street, including arterial streets and expressways as defined in Ordinance No. 1750 of the City of Fayetteville, Arkansas. Structure. (Airport Zone) An object, including a mobile )object, constructed or installed by man, including but without 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, I or attached to something having a fixed location, on the ground. Among other things, structures include buildings, manufactured homes, walls, fences, billboards and poster panels. CD151:20 TITLE XV. UNIFIED DEVELOPMENT CODE • Subdivider. (Development) •A person, firm or • corporation undertaking a subdivision as defined in Chapter 166, Development,. 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. Substantial damage. (Flood Damage Prevention) Damage of any origin -sustained- by -a structure whereby the cost of restoring the -structure to its, -before-damaged -condition would equal or exceed 50% of the market value of the structure before the damage occurred. Substantial improvement. (Flood Damage Prevention)__ Any- - repair, - =reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either. (A) Before the improvement or repair is started; or (B) If the structure has been damaged, and is being restored, before the damage occurred. For the purpose of this definition, "substantial • improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, •whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either. (a) Any project for improvement or a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or (b) Any alteration of a structure listed on the National Register of Historic Places, or a state inventory of historic places. Suburban. (Development) Located outside the corporate city limits, but within the. city's planning area. T 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. Telecommunications. (Wireless Telecommuni- cations Facilities) The transmission, between or among. points as specified by the user of information of the user's choosing, without change in the form or content of the information as sent and received. Terrace. (Physical Alteration of Land) A relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes. ...Topping._(Trna Pxeservation_and Protection) Also referred to as stubbing, dehoming, pollarding and heading; it is the severe -removal of the tree canopy back to large stubs. Tower or communications tower. (Wireless Telecommunications Facilities) Any structure that is -designed and constructed for the primary purpose of supporting one or more antennas, including lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common -carrier towers, cellular telephone towers, alternative tower structures, and the like. This term is not intended to describe buildings or other structures that have been constructed primarily for a purpose other than supporting one or more antennas, despite the fact that such -structure may -currently,- or in the future, actually support one or more antennas. Townhouse. (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 Preservation and Protection) 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 10 feet. CD151:21 • Fayetteville Code of Ordinances • Tree and Landscape Advisory Committee. (Tree V Preservation and Protection) An advisory committee appointed by the City Council to assist the landscape Variance. (Flood Damage Prevention) A grant of administrator with city beautification and the relief to i a person from the requirements of this management of its trees. ordinance when specific enforcement would result in unnecessary hardship. A variancetherefore permits Tree preservation area. (Tree Preservation and Protection) Those areas designated for the protection of both preserved and planted trees depicted on a tree preservation plan, abbreviated tree preservation plan, preliminary plat, large scale development, or site plan. Tree preservation plan. (Tree Preservation and Protection) 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 during construction. Tree registry. (Tree Preservation and Protection) 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 Preservation and Protection) Includes cavity filling/repair, bracing, cabling, and wound treatment. 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. Use buffer. (Tree Preservation and Protection) Trees or other woody shrubs that serve to screen incompatible land uses, unwated light, or noise. Used or occupied. (Zoning) Include the words "intended", "designed', or "arranged to be used or. occupied." construction or development in a manner otherwise prohibited by this ordinance. (For full requirements see §60:6 of the National Flood Insurance Program regulations. 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 1 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 climb. (Zoning) i 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 special separation during all seasons of the year. I At maturity, the screen shall be considered to be view obscuring if there are no openings of greater that one square foot. Violation. (Flood Damage Prevention) The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Chapter 168 is presumed to be in violation until such time as that documentation is provided. Visual runway. (Airport Zone) A runway intended solely for the operation of aircraft using visual approach procedures. CD151:22 TITLE XV. UNIFIED DEVELOPMENT CODE W . 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 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 budding marquee building awning, or a building canopy shall be considered a wall sign. -" Wastewater System Improvements. (Water and Wastewater Impact Fees) Capacity -enhancing improvements to the facilities for the transmission, treatment, reclamation and disposal of wastewater. Lift stations, force mains and gravity mains or excluded from the definition of wastewater system improvements. Water surface elevation. (Flood Damage Prevention) The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas,--. . Water System Improvements. (Water and . Wastewater Impact Fees) Capacity -enhancing improvements to the facilities for the supply, storage, transmission and distribution of potable water, excluding water lines less than eight inches in diameter and other lines that are the minimum size needed to serve an individual development project. Windblown sign. (Signs) Any flag, pennant, balloon, spinner, or blimp. Wireless Communications Facility (WCF). (Wireless Telecommunications Facilities) A land use facility that transmits and/or receives electromagnetic signals for the purpose of transmitting analog or digital voice or data communications. It includes antennas, microwave dishes, homs and other types of monopoles, or similar structures supporting said equipment, equipment buildings, shelters or cabinets, and - other accessory development. Wireless communications facility includes personal wireless services as defined in the Federal Telecommunications Act of 1996, and as subsequently amended. (Code 1965, §§13A-1; 13B-1; 178-7(a0, 19-24, 1713-2; App. A, Art. 17; App. B, §1; App. C, Art. 1, §D; Ord. No. 1509, 8-8- 66; Ord. No. 1747, 6-20-70; Ord. No. 1790, 3-15-71; Ord. No. 1801, 6-21-71; Ord. No. 1859, 3-20-72; Ord. No. 1893, 12-19-72; Ord. No. 1998, 5-7-74; Ord. No. 2581, 12-4-79; • Ord. No. 2697, 1-20-81; Ord. No. 2753, 8-18.81; Ord. No. 2789, 1-18-82; Ord. No. 2934, 8.2-83; Ord. No. 2948, 9.20- 83;Ord. No. 3011, 6-5-84; Ord. No. 3024, 8-21-84; Ord. No. 3231, 12-2-86; Ord. No. 4024, §2, 3-28-87; Ord. No. 3298, 10-6-87; Code 1991, §§98.60, 118.01, 150.02, 156.001, 156.065, 158.03, 158.35, 159.04, 160.002, 160.096(A), 160.121, 161.06, 162.02, 163.02; Ord. No. 3551, 6-4-91; Ord. No. 3138, 11-5-65; Ord. No. 3165, 2-4-86; Ord. No. 3699, §2, 4-20-93; Ord. No. 3780, §1, 4-19-94; Ord. No. 3794, §1 5-17-94: Ord. No. 3870, §1,4-1-94; Ord. No. 3895, 6.20-95; Ord. No. 3901, §1.2, 7-5-95; Ord. No. 3908, §1, 7- 18-95; Ord. No. 3970, §1, 7-18-95; Ord. No. 3913, §1, 8-1- 95; Ord. No. 3963, §1, 4-16-96; Ord. No. 3970, §1, 5-7-96; Ord. No. 3971, §1, 5-21-96; Ord. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4113, 8.18-98; Ord. No. 4127, 12-15-98; Ord. No. 4178, 8-31-99; Ord. No. 4226, 2-15-00; Ord. No. 4285, 1-2- -01; Ord. No. 4321, 6.19-011 Ord. No. 4340, 10.2-01)_ CD151:23 Fayetteville Code of !1 CD151:24 TITLE XV. UNIFIED DEVELOPMENT CODE Chapter 152. Administration. Sec. 152.01. Administrators designated. Secs. 152.02-152.99. Reserved. i CD152:1 • Fayetteville Code of Ordinances • s LI CD152:2 I. I• I • TITLE XV. UNIFIED DEVELOPMENT CODE CHAPTER 152. ADMINISTRATION. Sec. 152.01. Administrators designated. The (2) Vegetative elements: Landscape following listed sections of the UDC shall be Administrator. administered, interpreted, and enforced by the person designated, or his/her duty authorized representative. Cross reference(s)-Stonnwater Management. Drainage and Erosion Control, Ch. 170. (A) Streets and Sidewalks: (1) Streets: City Engineer. (2) Sidewalks: City Engineer or his designee. Cross references) Streets and Sidewalks, Ch. 171. (B) Flood Damage Prevention: Floodplain Administrator. Cross references) -Flood Damage Prevention, Ch. 168. (C) Signs: Zoning and Development Administrator. Cross references) Signs, Ch. 174. (D) Development: Zoning and Development Administrator. Cross reference(s)-Development, Ch. 166. (E) Zoning: (1) Use conditions: Zoning and Development Administrator. (2) Nonconforming uses and structures: Zoning and Development Administrator. (3) Airport zoning: Building Safety Director. Cross reference(s)—Zoning Regulations, Ch. 160-165. (F) Parking and Loading: Zoning and Development Administrator. Cross reference(s)-Parking and Loading, Ch. 172. (G) Physical Alteration of Land: City Engineer. Cross reference(s)-Physical Alteration of Land, Ch. 169. (H) Tree Preservation and Protection: Landscape Administrator. Cross reference(s)-Tree Preservation and Protection, Ch. 167. (I) Stormwater Management, Drainage and Erosion Control: (1) General: City Engineer. (Code 1965, App. A, Art. 9 (1), App. B, VII, App. C, Art. V, §A; Ord. No. 1747, 6-29-70; Ord. •No. 1750, 7.6-70; Ord. No. 2697, 1-20-81; Code 1991, §§150.08, 159.65, 160.190, 162.03, 163.06; Ord. No. 3699, §3, 420-93; Ord. No. 3963, §9, 4-16-96; Ord. No. 4100, §2 (Exdr. A), 6.16-98; Ord. No. 4340, 10-2-01) Sees. 152.02.-152.99. Reserved. CD152:3 • • Fayetteville Code of Ordinances • ci • CD152:4 TITLE XV. UNIFIED DEVELOPMENT CQDE • Chapter 153. Enforcement Sec. 153.01. Complaints. Sec. 153.02. Right of entry and inspection. Sec. 153.03. Liability. Sec. 153.04. Notice of violation. Sec. 153.05. Emergencies. Sec. 153.06. Remedial work. Sec. 153.07. Stop work order. Sec. 153.08. Miscellaneous remedies. Sec. 153.09. Appeals. Sec. 153.10. Penalty. Secs. 153.11.-153.99. Reserved. • • • CD153:1 • Fayetteville Code of Ordinances • • CD153:2 • TITLE XV. UNIFIED DEVELOPMENT CODE • CHAPTER 153. ENFORCEMENT. Sec. 153.01. Complaints. All complaints of violations of the UDC 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 No. 1965, App. A., Art. 14; Ord. No. 1747, 6-29-70; Code 1991, §160.198; Ord. No, 4100, §2 (Ex. A.), 6-16-98) Cross reference(s)—Administration, Ch. 152. Sec. 153.02. Right of entry and inspection. (A) Tree Preservation and Protection. 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, significant 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) Manufactured homes. The Health Officer shall have the power to enter at reasonable times upon any manufactured home park for the purpose of inspecting and investigating conditions relating to the enforcement of Chapter 175, or of regulations promulgated thereunder. (Code 1965, §138.6; Ord. No. 1859, 3-20-72; Code 1991, §§ 156.071(B), 161.14, 162.08; Ord. No. 3551,6-4.91; Ord. No. 3699, §8,4-20-93; Ord. No. 3901, §1, 7-5-95; Ord. No. 4100, §2 (Ex. A.), 6-16-98) Sec. 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 UDC 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 UDC may be held liable for the penalties or remedies ascribed herein. (Ord. No. 4100, §2 (Ex. A), 6-16-98) Sec. 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 UDC, 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 UDC, 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 1965, §178.7(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, §§158.34, 163.12; Ord. No. 3895, §1, 6-20- 95; Ord. No. 4100, §2 (Ex. A), 6-16-98) Sec. 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 UDC without service of a written notice. (Code 1991, §163.12 (A); Ord. No. 3895, §1. 6-20-95; Ord. No. 4100, §2 (Ex. A), 6-16-98) Sec. 153.06. Remedial work. (A) Remedial work. (1) General. When a violation notice has been served, remedial work shall begin, as directed, within 48 hours. CD153:3 • Fayetteville Code of Ordinances • (2) Signs. When a violation notice has been (C) Noncompliance with tree preservation and issued, the sign shall be removed within 30 protection standards, specifications and days. guidelines. Noncompliance with the standards, • specifications and guidelines outlined herein, as (B) Lien. If remedial work is not undertaken and well as those set forth in the City of Fayetteville completed as described in the violation notice, Tree Preservation, Protection and • Landscape within the prescribed time period, the city is Manual, shall result in the following actions being hereby authorized to enter upon the property and taken: take necessary actions to correct or remove the conditions described in the notice. The costs of (1) First violation. Warning issued and repeat correcting said condition shall be charged to the educational workshop. owner, and the city shall have a lien against such property for such costs. (2) Second violation. Suspension of certificate for 30 days. (C) Permit revocation. If remedial work is not undertaken as directed by the violation notice, (3) Third violation. Revocation of certificate. any or all development related permits may be revoked. Should a violation result in the revocation of an individual's certificate, such individual shall have (Ord. No. 4100, §2 (Ex. A), 6-16-98) the right to reapply for a commercial tree pruner/service certificate after 30 days. Sec. 153.07. Stop work order. Attendance at the educational workshop is required prior to reissue of such certificate. (A) Remedial work. (D) Subdivision regulations. In order to carry out the (1) A stop work order may be issued if remedial purposes of these regulations and to assure an work is not being undertaken. orderly program of development after the effective date of these regulations: (2) When the city has performed remedial work, a stop work order shall be issued and shall (1) Plat not accepted for filing. No plat of any remain in effect until payment has been tract of land within the planning area received for the work performed. jurisdiction of the Planning Commission shall be accepted by the County Recorder for • (B) Failure to obtain permit or plan. A stop work filing unless the plat has been approved by order may be issued for all work being performed the Planning Commission. without required permits or plans. (2) No metes and bounds conveyance. No (C) Noncompliance/tree preservation plan. The conveyance by metes and bounds of tracts Landscape Administrator may issue a stop work coming under the definition of subdivision order directing the parties involved to cease and without compliance with the applicable desist all work which does not comply with the provisions of §166.01., or amendments tree preservation plan. thereto, shall be permitted. This provision is aimed at preventing any attempt to (Code 1991, §§161.20(A), (B), 163.12(A)(2); Ord. No. 3551, circumvent these regulations by conveying 6-4-91; Ord. No. 3895, §1, 6-20-95; Ord. No. 4100, §2 (Ex. by metes and bounds without taking the A), 6.16-98; Ord. No. 4113, §1, 8-18-98) necessary steps for filing an approved plat. Sec. 153.08. Miscellaneous remedies. (3) No dedication of streets. No dedication of (A) Garage sale signs. Any signs not removed the streets shall be accepted by the city unless following day or located in the public right-of-way the use of the adjoining affected land is may be removed by the city staff and for any shown. If the purpose of opening the street such removal, a collection fee of up to $25.00 per is to make the affected land available for sign shall be imposed. sale as a subdivision, the street may not be accepted until accompanied by the required (B) Occupancy without certificate of occupancy. The plat. building official shall have the right, after notice is (4) No building pernit. No building permit shall given, to disconnect the water service to a be issued for construction of any building, no building, if occupied before a certificate of person, firm, or corporation shall sell or offer occupancy is issued or if all law, ordinances, and for any lot, no water, sewer, gas, or electric code violations are not remedied and inspected service shall be extended to serve any as approved, structure on any lot, nor shall any land be CD153:4 E XV. UNIFIED DEVELOPMENT CODE • I • ILJ • 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. (E) Sexually oriented business. A person who, operates or causes to be operated a sexually oriented business in violation of §163.12 will be subject to a suit for injunction as well as prosecution for criminal violations. (F) Manufactured homes and manufactured home parks. (1) inspection/notice. Whenever, upon inspection of any manufactured 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 manufactured 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 operator's permit may be involved, the operator of such manufactured home park shall cease operation of such park. (2) Emergency order (a) When the Health Officer finds that an emergency exists which requires immediate action to protect the public health, he/she 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/she 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. (G) Signs. (1) If the Zoning and Development Administrator 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/she shall give written notice to the permittee or property owner thereof. If the permittee or property owner fails to remove or after the sign, 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 Zoning and Development Administrator; 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 Zoning and Development Administrator 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 declared to be a public nuisance. When any sign is removed 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. (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 Zoning and Development Administrator is hereby authorized to cause removal to 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. CD153:5 • Fayetteville Code of Ordinances • (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. (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 six percent penalty added thereto, shall constitute a • charge against the owner of said property and shall be a lien of said property from the date of the commencement of said work. (I) Zoning. Noncompliance with the provisions of Chapters 160 through 161 shall result in the following actions being taken: (1) Notification. A notice of violation shall be made in accordance to §153.O4 Notice of Violation. (2) Prosecutor's Office. Should noncompliance continue after initial notification, the Zoning and Development Administrator shall forward the violation to the Prosecutor's Office for further action. (Code 1965, §§13A-42, 17B -4(c), 17B -7(a), App. C., Art V. §D; Ord. No. 1509, 8-8-66; Ord. No. 1847, 1-17-72; Ord. No. 1893, 12-19.72; Ord. No. 2790, 1-18-82; Ord. No. 2934, 8-2- 83; Ord. No. 2948, 9-20-83; Ord. No. 3298, 10.6-87; Code 1991, §§156.019, 158.135, 159.67, 118.04; Ord. No. 4024, §5, 3-18-97; Ord. No. 4100, §2 (Ex. A), 6-16-98). Cross reference(s) Appeals, Ch. 155; Notification and Public Hearings, Ch. 167. Sec. 153.09. Appeals. See Chapter 155, Appeals. Sec. 153.10. Penalty. (A) General penalty. (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 UDC. (Code No. 1965, §§1-5, 17B-13, 18-47; Ord. No. 1725, 1-8- 70; Ord. No. 1893, 12-19-72; 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, §§98.99(A), (B), 158.99, 161.18, 162.99, 163.12; Ord. No. 3551, 6-4-91; Ord. No. 3699, §12,4-20-93; Ord. No. 3895, §1, 6-20-95; Ord. No. 4100, §2 (Ex. A), 6-16- 98) Cross reference(s)—General Penalty, §10.99. Sees.153.11.-153.99. Reserved. 0 r1 LJ CD153:6 TITLE XV. UNIFIED DEVELOPMENT CODE li I* li CD153:7 • • TITLE XV. UNIFIED DEVELOPMENT CODE • Chapter 154. Amendments. Sec. 154.01. City Council. Sec. 154.02. Planning Commission. Sec. 154.03. Private parties/zoning amendment. Secs. 154.04.-154.99. Reserved. • • CD154:1 • Fayetteville Code of Ordinances • • • CD154:2 TITLE XV. UNIFIED DEVELOPMENT CODE CHAPTER 154. AMENDMENTS. • Sec. 154.01. City Council. The City Council may Sec. 154.03. Private parties/zoning amendment make amendments to the UDO as set forth in either • (A) or (B) below: (A) Petition. Any private party or parties desiring an amendment to Chapter 160, upon payment of the (A) Referral to the Planning Commission: appropriate fee, shall submit to the Planning Commission a petition giving the following (1) Study and recommendation. Proposals may information: be referred by resolution to the Planning Commission for study and recommendation. (1) Legal description of the property involved; (2) Public hearing. A public hearing shall be (2) Zoning classification request for the property; held as provided in Chapter 157. and, (3) City Council action. After consideration of (3) Statement explaining why the proposed the recommendation of the Planning changes will not conflict with the surrounding Commission, the City Council may: land uses. (a) Adopt the amendment; (B) Action by Planning Commission. The Planning Commission may take one of the following (b) Modify the amendment and adopt; actions: (c) Refer to the Planning Commission for (1) Approval. The proposed amendment may further study; or be approved as presented. (d) Vote down the amendment. (2) Approval in modified form. Approved in modified form by a majority of the Planning (B) Without referral to the Planning Commission. Commission and recommended for adoption The proposed amendment may be adopted by by the City Council with the reasons for such • the City Council without prior referral to the recommendations stated in writing. Planning Commission. (3) Disapproval. If the Planning Commission (Code No. 1965, App. A., Art. 5(8), Art. 12(2), App. C., Art disapproves a proposed amendment, the V., §F; Ord. No. 1747, 6-29-70; Ord. No. 2980, 2-7-84; Code reason for such disapproval shall be given in 1991, §§160.55, 159.68:160.157; Ord. No. 4100, §2 (Ex. A), writing to the petitioner. 6-16-98) Sec. 154.02. Planning Commission. The Planning (4) Neither approves nor disapproves. If the Commission may initiate amendments to the UDO as Planning Commission neither approves nor follows: disapproves a proposed amendment within 45 days after the public hearing the action on (A) Study and consideration. The proposed such amendment by said Planning amendment shall be presented to the Planning Commission shall be deemed favorable; this Commission for study and consideration. period may be further extended by vote of the Planning Commission if all the parties (B) Public hearing. A public hearing shall be held as involved agree in writing to an extension. provided in Chapter 157. (C) Action by the City Council. • (C) Recommendation to City Council. Following the (1) Action. The City Council, may take one of public hearing, the Planning Commission may, the following actions: upon passage, present the proposed amendment to the City Council in whole, or in modified form. The Planning Commission shall provide a written (a) Approval. The City Council, by majority statement vote, may by ordinance adopt the of the reasons for such recommendation, recommended amendment submitted by the Planning Commission. (Code 1965, App. A., Art. 12(3); Ord. No. 1747, 6-29-70; b Modify and adopt. By ordinance, may No. 2920, 5-3-83; Code 1991, §160.158, Ord. No. (b) 4100, §2 (Ex. A), 6-16-98) modify and adopt the proposed • amendment. Cross reference(s)—Planning Commission, Ch. 33. CD154:3 • Fayetteville Code of Ordinances • (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 justifies 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 reified sooner than one year from the date of withdrawal. (Code 1965, App. A., Art. 12(1); Ord. No. 1747, 6-29-70; Ord. No. 2538, 7-3-79; Code 1991, §160.156; Ord. No. 2716, §1, 6-15.93; Ord. No. 3925, §7, 10-3-95; Ord. No. 4100, §2 (Ex. A), 6-16-98) Cross reference(s)—Notification and Public Hearings, Ch. 157. Secs. 154.04.-154.99. Reserved. a CD154:4 TITLE XV. UNIFIED DEVELOPMENT CODE • • • • CD154:5 TITLE XV. UNIFIED DEVELOPMENT CODE • Chapter 155. Appeals. Sec. 155.01. Circuit Court. Sec. 155.02. Form/time/place. Sec. 155.03. Stay. Sec. 155.04. Alderman appeal on behalf of resident. Sec. 155.05. Appeals from Planning Commission decisions. Sec. 155.06. Appeals from staff interpretations/actions. Sec. 155.07. Appeals from Board of Sign Appeals. Sec. 155.08. Appeals to the Housing Board. Sec. 155.09.-155.99. Reserved. C L� CD155:1 • Fayetteville Code of Ordinances • CD155:2 C TITLE XV. UNIFIED DEVELOPMENT CODE Li • I CHAPTER 155. APPEALS. Sec. 155.01. Circuit Court. Unless set forth Sec. 155.04. Alderman appeal on behalf of otherwise below, all appeals from final actions taken resident An alderman may bring an appeal on by the City Council, Planning Commission, Board of behalf of any resident of the city on actions which are Sign Appeal, and the Board of Adjustment shall be appealable to the City Council as set forth below. taken to the Circuit Court of Washington County. (Ord. No. 4100, §2 (Ex A), 6-16-98) (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; Code 1991, §160.175; Ord. No. 3925, §7, 10-3-95; Ord. No. 4100, §2 (Ex A), 6-16-98) State law reference(s)-Appeals to circuit court,A.C.A. §14-56425. Sec. 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 UDC 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 days 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. (2) Zoning and Development Administrator. Appeals made to the Planning Commission; Board of Adjustment, for zoning matters; and Board of Sign Appeals shall be filed with the Zoning and Development Administrator. (3) Building Safety Division Director. Appeals made to the Board of Adjustment, [for inspecting purposes] shall be filed with the Building Safety Division Director. (Ord. No. 4100, §2 (Ex. A), 6-16-98) Sec. 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 certified that a stay would, in their opinion cause imminent peril to life or property. (Code 1965, App. A., Art. 13(3); Ord. No. 1747, 6-29-70; Code 1991, §160.173; Ord. No. 4100, §2 (Ex A), 6-16-98) Sec. 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. (2) Preliminary platA-SD. 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. (3) Neighborhood park. Owners of record may appeal the decision to require joint development of a neighborhood park. (4) Major development - park land dedication. 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 requirements of §166.03(K). (5) Commercial design standards. Appeals from decisions of the Planning Commission concerning commercial design standards shall be to the City Council. (6) Conditional use. Three aldermen, two of whom must reside in the effected ward. may in unison appeal a decision by the Planning Commission approving or denying a conditional use request. (7) Tree preservation plan. Owners of record or any member of the City Council wishing to contest a tree preservation plan must appeal the decision to deny or approve the preliminary subdivision plat or large scale development according to the procedures set forth in subsection (A)(2) above. (Ord. No. 4334, 9-4-01; Ord. No. 4340, 10.2-01) CD155:3 SFayetteville Code of Ordinances • (B) Appeals to Housing Board. Development Administrator regarding signs may appeal. • (1) Denial of permit. Any person whose application for a permit under Mobile Homes (D) Appeals to the Planning Commission. The and Mobile Home Parks, Chapter 175, that following staff interpretations/actions may be has been denied shall be granted a hearing. appealed to the Planning Commission. (2) Suspension or revocation of permit. Any person whose permit has been suspended, or who has received a violation notice may request and shall be granted a hearing. (Code 1965, §13A-40, App. C., Art. II, Art. V., §B; Ord. No. 1509, 8-8-66; Ord. No. 1750,7-6-70; Code 1991, §§156.017„ 159.12, 159.54O(1), (2), 159.66; Ord. No. 3781, §1, 4-19- 94; Ord. No. 3925. §6, 10.3-95; Ord. No. 4100, §2 (Ex. A), 6- 16-98; Ord. No. 4340, 10-2-01) Sec. 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) Zoning and Development. Administrator - Design Overlay District requirements. Owners of record may appeal the decision of the Zoning and Development Administrator not to exempt property from the Design Overlay District requirements as allowed in §161.21(G). (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. (B) Appeals to the Board of Adjustment. The following interpretations and decisions may be appealed to the Board of Adjustment: (1) Zoning and Development Administrator - Zoning. Any person aggrieved by an interpretation or decision of the Zoning and Development Administrator regarding zoning matters may appeal. (2) Building Safety Division Director - Airport Zone. Any person aggrieved, or any taxpayer affected by any decision of the Building Safety Division Director, made in the administration of Airport Zone, Chapter 165, may appeal. (C) Appeals to the Board of Sign Appeals. The following staff interpretations/decision may be appealed to the Board of Sign Appeals: (1) Zoning and Development Administrator - Sign regulations. A person aggrieved by an interpretation or decision of the Zoning and (1) Floodplain Administrator - - floodplain regulations. Any person aggrieved may appeal the decision of the Floodplain Administrator, provided that the Planning Commission shall hear and decide an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of this chapter. (2) Zoning and Development Administrator - Development. Owners of record may appeal the interpretation of the development requirements by the Zoning and Development Administrator. (3) City Engineer - Grading requirements. Any person aggrieved may appeal the decision of the City Engineer related to grading requirements. (4) Landscape Administrator — Landscape and Tree Preservation and Protection requirements. Any person aggrieved may appeal decisions of the Landscape Administrator related to landscape and tree preservation and protection requirements. (5) Required dedications and improvements. (a) An owner or developer who is aggrieved by the requirements of the Unified Development Code for land, right-of-way or easement dedications, construction of on -site or off -site improvements, or payments in lieu of any dedication or improvement, which are in excess of the 'rough proportionality of the impact of the development upon the city's infrastructure or services may appeal such requirement to the Planning Commission as a part of the submission of the preliminary plat, large scale development, subdivision, building permit, lot split, development permit, or otherwise within 10 days of notification of such development requirements. The appeal must be presented to the Planning Division in writing and state the grounds,. or reasons for the appeal. (b) The Planning Commission shall determine after public hearing whether • the required dedications and CD155:4 • • TITLE XV. UNIFIED DEVELOPMENT CODE improvements meet the "rough (B) Permit suspended. Any person whose permit . proportionality' of the impact of the has been suspended, or who has received notice development on city infrastructure and from the enforcement officer that his permit will services. If the requirements are in, be suspended unless certain conditions or excess of the "rough proportionality," the practices at the mobile home park are corrected, Planning Commission is empowered to may request and be granted a hearing on the modify or reduce such requirements to matter before the Housing Board. achieve "rough proportionality." (C) Petition deadline. When no petition for hearing shall have been filed within 10 days following the (E) Appeals to the Construction Board of Adjustment day on which notice of suspension was served, and Appeals. -When theadministrative authority- such permit shall be deemed to have been under Chapter._ 173 shall disapprove an automatically revoked at the expiration of such 10 application, or the applicant is aggrieved by the days. interpretation of the administrative authority, the applicant may appeal the decision to the (Code 1965, §§13A-40, 13A-43; Ord. No. 1509, 8-8-66; Construction Board of Adjustment and Appeals. Code 1991, §§156.017, 156.029; Ord. No. 4100, §2 (Ex. A), 6-16-98). (Code 1965, §178-11.2(d), (e), App. A., Art. 10(6), 19(2), Secs. 155.09.-155.99. Reserved. App. B, §111, App. C., Art 10(6), 19(2). App. B, §III, App. C., Art. V, §A; Ord. No. 1747, 6.29-70; Ord. No. 1750, 7-6-70; Ord. No. 2109, 6-375; Ord. No. 2252, 7-6-76; Ord. No. 2538, 7-3.79; Ord. No. 2585, 12.479; Ord. No. 2697, 1-20-81; Ord. No. 3153, 11-19-85; Ord. No. 3340, 3-14-88; Code 1991, §§150.03, 158.67(B), 15868(A), (B), 159.65, 160.048, 160.172, 160.176(A), (B), 161.11, 162..03(6), (C), 163.10(D), Ord. No. 3551, 6.4-91; Ord. No.3587, §1, 1-7-92; Ord. No. 3699, §3, 4-20-93; Ord. No. 3716, §2, 6-15-93, Ord. No. 3806, §1, 6-28-94;Ord. No. 3895, §1, 6-20-95; Ord. No. 3901, §1, 7-5-95; Ord. No. 3901, §1, 7-5-95; Ord. No. 3925, §7, 10-3-95; Ord. No. 3963, §9, 4-16-96; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4368, §2, 2-5-02; Ord. No. 4377, • §1,2, 3-5-02) Sec 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. (Code 1965, §17B11.2(e); OM. No. 2109, 6-3-75; Ord. No. 2583, 12-4-79; Ord. No. 3152, 11-19-85; Ord. No. 3153, 11- 19.85; Ord. No. 3153, 11-19-85; Ord. No. 3340, 3.15.88; Code 1991, §158.67; Ord. No. 4100, §2 (Ex. A), 6-16-98) Sec. 155.08. Appeals to the Housing Board - Mobile homes and mobile home parks. (A) Permit denied. Any person whose application for a permit under Chapter 175 has been denied may request and shall be granted a hearing on the matter before the Housing Board. • CD155:5 • Fayetteville Code of Ordinances • CD155:6 • TITLE XV. UNIFIED DEVELOPMENT CODE Chapter 156. Variances. Sec. 156.01. General requirements. Sec. 156.02. Zoning regulations. Sec. 156.03. Development. Sec. 156.04. Stormwater, drainage and erosion control. Sec. 156.05. Sign regulations. Sec. 156.06. Airport zone. Secs. 156.07.-156.99. Reserved. CI • CD156:1 • Fayetteville Code of Ordinances • • - - i CD156:2 TITLE XV. UNIFIED DEVELOPMENT CODE CHAPTER 156. VARIANCES. • Sec. 156.01. General requirements. All applications (1) Design Overlay District. for variances shall be submitted in writing to the person responsible for administration of the (a) Special conditions. The purpose of this referenced section. section is to authorize in specific cases such variances from the regulations of (Ord. No. 4100, §2 (Ex. A), 6-16-98) the Design Overlay District as will not be contrary to the public interest, where, Cross reference(s)—Administration, Ch. 152. owing to special conditions, . a literal enforcement of the Design Overlay Sec. 156.02. Zoning regulations. Certain variances, of the zoning regulations may be applied for as District regulations would result in unnecessary hardship. follows: (b) Variance requested. A variance from (A) General regulations. A variance shall not be granted unless and until an application the terms of the Design Overlay District regulations shall not be granted by the demonstrates: Planning Commission unless and until the applicant provides from what section (1) Special conditions. That special conditions a variance is requested. This shall be and circumstances exist which are peculiar submitted along with the large scale the land, structure, or building involved and which are not applicable to other lands, development plan. structures, or building in the same district. (c) Findings. The Planning Commission shall make the following findings: (2) Deprivation of rights. That literal interpretation of the provisions of the zoning (i) Requirements met That the regulations would deprive the applicant of requirements of §156.02.(A) have rights commonly enjoyed by other properties been met by the applicant for a in the same district under the terms of the variance. • zoning regulations. (ii) Minimum variance. That the. (3) Resulting actions. That the special reasons set forth in the application conditions and circumstances do not result justify the granting of the variance, from the actions of the applicant. and that the variance is the minimum variance that will make (4) No special privileges. That granting theposs and variance requested will not confer on the l, building, the reasonable use of the applicant any special privilege that is denied land, or structure. by Zoning. Chapters 160 through 165, to (iii) Harmony with general purpose. other lands, structures, or building in the That the granting of the variance same district I will be in harmony with the general (5) Nonconforming uses. No nonconforming purpose District, and intent of the not be use of neighboring lands, structures, or Overlay and will be r 9 9 injurious to the neighborhood, or buildings in the same district, and no otherwise detrimental to the public permitted or nonconforming use of lands, welfare. structures, or buildings in other districts shall be considered grounds for the issuance of a (d) Conditions and safeguards. In granting variance, any variance, the Planning Commission may prescribe appropriate conditions (B) Consideration by the Planning Commission. Applications for variances of zoning and and safeguards in conformity with this section. development shall be considered by the Planning Commission. • ['l*W*] • Fayetteville Code of Ordinances • (2) Access to structure. The Planning b. Shared packing. For any parking space Commission shall have the authority to which is proposed to be shared under • waive the requirement that every building the provision of §172.05(C). The hereafter erected or moved shall be located applicant must present a signed on a lot which has frontage on a public street agreement with the owner of the when the property owner provides safe and property. The agreement shall address convenient access for fire protection and the number of spaces required for both sanitation vehicles, properties, the number of spaces available together with a site plan, and (3) Parking variances, any other pertinent information, such as restrictions on sharing for certain days (a) Number of spaces. The Planning or hours. Commission shall have the authority to vary the number of off-street parking (4) Bicycle rack variance. The Planning spaces required in C-3 and C-4 Commission may modify or waive the Districts. requirement for or the design standards for a bicycle rack. (b) Findings. The Planning Commission shall make findings indicating: (C) Consideration by the Board of Adjustment (I) Parking generated. That the' (1) Bulk and area. Applications for variances of proposed use will not generate as bulk and area requirements shall be much parking as required under the considered by and may be approved by the existing standard. Board of Adjustment. (ii) Shared parking. That shared (2) Public hearing. A public hearing shall be parking facilities are available; or held. (iii) On -street parking. That on -street parking can satisfy intermittent and occasional demands. (c) Conditions. All waivers shall meet the conditions listed below: (i) C-3 and C-4 Districts. Conditions for waivers in C-3 and C-4 Districts: (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. a. In lieu fee. An in lieu fee of (b) Harmony with general purpose. The $1,200.00 for each on -site Board of Adjustment shall further make parking space shall be paid to a finding that the granting of the the city. This money shall be variance will be in harmony with the held in an interest bearing general purpose and intent of zoning, account and shall be expended Chapters 160 through 165, and will not for public parking facilities be injurious to the neighborhood, or within the district it is collected otherwise detrimental to the public within 10 years from the date it welfare. is collected. If said money has not been so expended within (c) Conditions and safeguards. In granting 10 years of the date collected, any variance, the Board of Adjustment said money, together with the may prescribe appropriate conditions interest thereon, shall be and safeguards in conformity with the refunded to the person or entity zoning regulations. who made the contribution; or • (d) No variance allowed., Under no circumstances shall the Board of Adjustment grant a variance to allow use not permissible under zoning in the • district involved, or any use expressly, or implication prohibited by the terms of the zoning regulations in said district. • CD156:4 TITLE XV. UNIFIED DEVELOPMENT CODE (4) Action. The Board of Adjustment may take certified by a registered surveyor or the following actions: registered engineer, of the property proposed for division. Said survey shall (a) Reverse or affirm, wholly or partly; or indicate the acreage of all proposed lots. (b) May modify the order, requirement, (4) Exception. A transfer or adjustment of a decision, or determination appealed property line between adjoining property from and may make such order, owners which does not create a separate, requirement, decision, or determination new lot shall not require a variance by the as ought to be made, and to that end Zoning and Development Administrator of shall have the powers of the Zoning and preliminary and final plat requirements, but Development Administrator from who must be approved by the Planning Division the appeal is taken. for conformance with existing zoning requirements for lot width, lot area, setback (5) Vote. The concurring vote of a majority of requirements, and buildable area. the members present shall be necessary to reverse any order, requirement, decision or (B) Consideration by the City Council — park land determination of the Zoning and dedication. Any variation in the land dedication Development Administrator, or to decide in ratios or contribution formulas set forth in favor of the applicant on any matter upon §166.03(K) shall be considered a variance and which it is required to pass or to effect any requires approval of the City Council. Upon variation in the application, recommendation of the Planning Commission after consultation by the commission with the' (Code 1965, App. A. 5 (VII (a)); Ord. No. 2148, 10-7-75; Ord. Parks and Recreation Advisory Board, the City No. 2351, 6-21-77; Ord. No. 2362, 8-2-77; Ord. No. 1747, 6- Council, upon determination that enforcement of 29-70; Code. 1991, §160.038(E); Ord. No. 4100, §2 (Ex. A), §166.03 (K) would cause unnecessary hardship, 6-16-98; Ord. No. 4293, 2-20-01) or that the problems or merits of the development Sec. 156.03. Development Certain variances of the reflect unique circumstances, may grant a development regulations may be applied for as variance of the requirements, provided: follows: . (1) Consistent with parks plan. Any dedication (A) General requirements. of land or contribution in lieu of land or combination thereof shall adequately provide (1) Undue hardship. If the provisions of for the park and recreational needs of the Development, Chapter 166, are shown by proposed development and be consistent the developer to cause undue hardship as with the Fayetteville Parks Plan. they apply to this proposed development (2) Contributions of services, facilities, etc. If (including, but not limited to financial, the developer proposes to contribute environmental, or regulatory) and that the services, facilities, or equipment in lieu of a situation is unique to the subject property, cash contribution, such a contribution shall the city Planning Commission may grant a not be accepted by the city unless the Parks variance, on a temporary or permanent and Recreation Advisory Board has been basis, to the development from such consulted and provides a recommendation provision, so that substantial justice may be as to the appropriateness and safety of such done and the public interest secured; contribution. provided that the variation will not have the effect of nullifying the intent and purpose of (C) Consideration by the Planning Commission. the development regulations. No variance shall be granted for any property which does (1) Design standards. not have access to an improved street. (2) Conditions and safeguards. In granting (a) Undue hardship. If the provisions of these standards are shown by the variances, the Planning Commission may prescribe appropriate conditions and developer to cause undue hardship as safeguards to secure substantially the they apply to his proposed development, objectives of the standards or requirements the city Planning Commission may grant so varied a variance to the developer from such provisions, so that substantial justice (3) Preliminary and final plat. An applicant for a may be done and the public interest • variance of preliminary and final plat secured; provided that the variation will requirements shall provide the Zoning and not have the effect of nullifying the intent Development Administrator with a survey, CD156:5 • Fayetteville Code of Ordinances • and purpose of development (4) Major development — park land dedication. A regulations. developer of a major development can petition for a variance from the requirements • (b) Conditions. In granting variances, the of166.03(x) to the Planning Commission. Planning Commission may impose such The Planning Commission's approval of said conditions as will, in its judgment, variance must be affirmed by the City secure substantially the objective of the Council to become effective, and the standards or requirements so varied. Planning Commission's denial may be appealed to the City Council. (2) Required off -site improvements. (5) Tree preservation plan. A developer may Grounds. A developer may petition the petition the Planning Commission for a Planning Commission for a variance of off- variance from the requirements of Chapter site improvement requirements in whole or in 167, Tree Preservation and Protection, in part on one or more of the following grounds: those cases. where their strict application would work an injustice as applied to the (a) No city plans. The city has no plans for proposed development due to a situation upgrading the substandard street or unique to the subject real property; provided road on which off -site improvements are that such variance shall not have the effect proposed to be required by the of nullifying the intent and purpose of the developer. chapter. The Planning Commission's approval of said variance must be affirmed (b) Unfair imposition. The proposed by the City Council to become effective, and development has primary access to a denial of the requested variance may be improved streets or roads and the appealed to the City Council. portion of the development which fronts on a substandard street or road is so (6) Flood Damage Prevention Code. The small or remote from anticipated future Planning Commission shall hear and decide traffic patterns as to cause an unfair requests for variances from the requirement imposition on the development, of this ordinance. Any person or persons aggrieved by the decision of the Planning (c) Alternate off -site improvements. The Commission regarding a variance request developer proposes alternative off -site may appeal such a decision in the courts of improvements which will protect the competent jurisdiction. health, safety, and welfare of persons residing in the proposed development (a) In passing upon such applications, the and the surrounding area and equally Planning Commission shall consider all benefit said persons. technical evaluations, all relevant factors, and standards specified in other (d) Improved streets or roads. The sections of this ordinance. developer does not propose access to the proposed development from an (b) Variances may be issued for the existing substandard street or road, and reconstruction, rehabilitation, or proposes to provide access by streets or restoration of structures listed in the roads improved to current city or county National Register of Historic Places, standards. without regard to the procedures identified in the remainder of this (3) Buffer strips and screening. ordinance. Variances may only be issued for such repair, or rehabilitation if (a) Screening. The Planning Commission strict enforcement of the ordinance shall have the authority to grant a would preclude the structure's continued variance from the screening designation as a historic structure, and requirements prescribed by §166.10. the variance is the minimum necessary to preserve the historic character and (b) Conditions. The Planning Commission design of the structure. may impose reasonable conditions in the granting of a variance to ensure (c) Generally, variances may be issued for compliance or to protect adjacent new construction and substantial property, improvements to be erected on a lot half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base CD156:6 TITLE XV. UNIFIED DEVELOPMENT CODE flood level, providing items (1) through (11) of §168.03(A) have been fully (i) Any applicant to whom a variance is . considered. As the lot size increases granted shall be given written notice that beyond half acre, the technical the structure will be permitted to be built justification required for issuing the with a lowest floor elevation below the variance increases, regulatory flood elevation surcharge and that the cost of flood insurance will be (d) Variances shall not be issued within any commensurate with the increased risk designated floodway if any increase in resulting from the reduced lowest floor flood levels during' the base flood elevation. A copy of the notice shall be discharge would result. recorded by the floodplain administrator -in-the office of the Washington County (e) Variances shall only be issued upon a' Clerk and shall be recorded in a manner determination that the variance is the so that it appears in the chain of title of minimum necessary, considering the the affected parcel of land. flood hazard, to afford relief. Sec. 156.04 Stormwater drainage and erosion (f) Floodplain variances shall only be control. Certain variances of the stormwater issued if: management, drainage, -and erosion control regulations may be applied for as follows: • I (i) There are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property, which do not apply generally to other property in the same flood zone: (ii) A determination that failure to grant the_ variance_would _result in exceptional hardship to the applicant; and, 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 (B) Results. The granting of the variance will not result in: (iii) A determination that the granting of (1) Surface water runoff. An increase in the rate a variance will not result in or volume of surface water runoff; increased flood heights, additional threats to public safety, (2) Adjacent property. An adverse impact on any extraordinary public expense, adjacent property, wetlands, watercourse, or create nuisances, cause fraud on or waterbody; victimization of the public, or conflict with the other provisions of the (3) Water quality. Degradation of water quality; Code of Fayetteville. or (g) Variances may be issued for new (4) Objectives. Otherwise impairing attainment construction and substantial of the objectives of Chapter 170. improvements and for other development necessary for the conduct (Ord. No. 4100, §2 (Ex. A), 6-16-98) of a functionally dependent use provided Sec. 156.05. Sign regulations. Consideration by the that the provisions of § are Board of Sign Appeals. Certain variances of the sign satisfied and that the structure (A) or other regulations may be applied for as follows: development is protected by methods that minimize flood damages during the (A) General. The Board of Sign Appeals shall base flood and create no additional. consider requests for variances from the literal threats to public safety. provisions of the sign regulations for the creation (h) Upon consideration of the factors in this of a new sign in instances where strict section, and the purpose of this enforcement of the sign regulations would cause ordinance, the Planning Commission practical difficulties due to circumstances unique may impose conditions to the granting of to the individual sign under consideration, and floodplain variances as it deems granting such variance only when it is necessary to further the purpose of this demonstrated that such action will be in keeping ordinance, with the spirit and intent of the sign regulations. CD156:7 • Fayetteville Code of Ordinances • (1) Prohibited. The board shall not permit as a (B) Roof signs. The Board of Sign Appeals may variance any sign the erection of which or grant a variance for a roof sign only in those • the continuance of which is prohibited by cases where the applicant demonstrates Chapter 174. practical difficulties in utilizing a wall sign and demonstrates that the variance will be in (2) Strict enforcement unreasonable. The board keeping with the spirit and intent of the sign may grant a variance from the provisions of regulations. Chapter 174 where strict enforcement would be unreasonable. (Ord. No. 4100, §2 (Ex. A), 6-16-98) (3) Unique circumstances. To hear request for Cross reference(s)—Enforcement, Ch. 153; Signs, Ch. 174. variances from the literal provision of Sec. 156.06. Airport Zone. Chapter 174 for the -erection of a new sign in instances where -strict- enforcement would (A) Board of Adjustment. The Board of Adjustment cause practical difficulties due to shall have -the authority to grant. variances from circumstances unique to the individual sign the height limits prescribed in Chapter 165. Any under consideration, and grant such variance only when it is demonstrated that person desiring to erect any structure or increase such action will be in keeping with the spirit the height of any structure or permit the growth of and intent of Chapter 174. any object of natural growth, in excess of the heights prescribed, must apply in writing to the (a) The board shall not permit as a variance Board of Adjustment for a variance. Such any sign the erection of which or the variance shall be allowed upon a showing of continuance of which is prohibited by practical difficulty or unnecessary hardship, §§174.05, 174.07, 174.08(A), (B), (C), together with a showing that the structure or (D), (E), (F), ((3), and (I), 174.09, and object of natural growth in question will not cause 174.13(R). The board may grant a an undue hazard to aircraft operations at the variance from the provisions of airport. _ §174.06(A), (B),_and (D) .where strict (B) Determination ____-from Federal Aviation enforcement would be unreasonable. Administration. The application for a variance (b) The board may impose reasonable shall be accompanied by a determination from • conditions in the granting of a variance the Federal Aviation Administration as to the to ensure compliance and to protect effect of a proposal on the operation of air adjacent property. A violation of such navigation facilities and the safe, efficient use of conditions shall constitute a violation, navigable airspace. Additionally, no application for a variance may be considered by the' Board of (c) In exercising the above -mentioned Adjustment unless a copy of the application has powers, the board may reverse or been furnished to the airport manager for affirm, wholly or partly, or may modify comment as to the aeronautical effects of the the order, requirement, decision, or variance. If the airport manager does not determination appealed from, and may respond to the application within 15 days after make such order, requirement, decision, receipt thereof, the Board of Adjustment may or interpretation as ought to be made. grant or deny said application. (d) A concurring vote of a majority of the (C) Marking and lighting. In granting any application members present shall be necessary to for any permit or variance, approval may be reverse any order, requirement, conditioned as to require the owner of the decision, or determination of the building structure or object of natural growth in question to inspector, or to decide in favor of the install and maintain obstruction markings or applicant on any matterupon which it is lights. required to pass or to effect any (D) Findings of fact. Written findings of fact and variation in Chapter 174. conclusions of law shall be made by the Board of (e) Any variance granted by the Board of Adjustment based upon the evidence offered at Sign Appeals shall automatically be the public hearing. revoked if the applicant does not comply (Ord. No. 4100, §2 (Ex. A), 6-16-98) with the terms of the variance within 30 days from the granting thereof; and, the Cross reference(s)-Notification and Public Hearings, applicant shall be required. to comply ch. 157. with the literal provisions of Chapter 174. Sea. 156.07.-156.99. Reserved. CD156:8 TITLE XV. UNIFIED DEVELOPMENT CODE • • CD156:9 9 TITLE XV. UNIFIED DEVELOPMENT CODE • Chapter 157. Notification and Public Hearings. Sec. 157.01. General requirements/information. Sec. 157.02. Development. Sec. 157.03. Zoning. Sec. 157.04. Conditional uses. Sec. 157.05. Vacations of streets, alleys, rights -of -way and easements. Sec. 157.06. Appeals of staff decisions/interpretations. Sec. 157.07. Manufactured homes and manufactured home parks. Sec. 157.08. Fire Prevention Code. Sec. 157.09. Sign Appeal. Secs 157.10-157.99. Reserved. CD157:1 SFayetteville Code of Ordinances • C C • CD157:2 TITLE XV. UNIFIED DEVELOPMENT CODE . CHAPTER 157. NOTIFICATION AND PUBLIC HEARINGS. Sec. 157.01. General requirementslinformation. seven (7) calendar days prior to the public hearing. (A) Notice. Notice shall include the following information, unless specific requirements herein (b) Methods of notice. Notice shall be by provide otherwise: one of the following methods: (1) Project description. Description of the (i) Mail. Certified mail, return receipt project or request. requested, to at least one of the recorded owners of a property; (2) Use. The use of the property. (ii) Publish. Publish notice in the legal (3) Zoning. Current zoning. notice section of a newspaper of general circulation within the city. (4) Acreage. Acreage of project. (iii) Signatures. Obtaining signatures of (5) Public hearing. Time, date, place, and at least one of the record owners of • location of public hearing, a property on a copy of the I I proposed large scale development (6) Name. The property owner's and/or the plan. developer's name. (3) Proof of notice. At least seven (7) days prior (7) Review location. Phone number, address, to the Subdivision Committee meeting at project name and information on where the which approval of the large scale file may be reviewed, development plans will be considered, the applicant shall file one of the following with (B) Assessment records. Property owners shall be the Planning Division. • identified from the assessment records available at the Washington County Assessor's office on (a) Receipts. Return receipts from the the date an application is submitted for mailing and copy of the notice. processing. • (b) Proof of publication. Proof of publication. (C) Who may be heard. Any person desiring to be heard at a public hearing may appear in person, (c) Plan or plat. Signed and dated large by agent, or by attorney. scale development plan or subdivision plat. (Ord. No. 4100, §2 (Ex A), 6-16-98) (B) Planned Zoning Districts. The following Sec. 151.02. Development requirements shall apply to planned zoning districts: (A) Large Scale Development (LSD) / Subdivision. The following requirements shall apply to large (1) Public hearing required. A public hearing scale developments and subdivisions. shall be held at the meeting of the Subdivision Committee and the Planning (1) Public hearing required. A public hearing Commission at which the Planned Zoning shall be held at the meeting of the District will be considered. Subdivision Committee at which the development plan is to be considered. (2) Notice of public hearing - developer. (2) Notice of public hearing - developer. Prior to (a) Who gets notice. Notice of the a public hearing being held, the developer proposed PZD shall be given by the shall provide the following notice: developer to all persons owning property within 100 feet of the perimeter (a) Who gets notice. Notice of the of a PZD at least 10 days prior to the proposed development shall be given to meeting at which the Subdivision owners of any property having a Committee and Planning Commission common boundary with, and a different are to review the development plan. • zoning classification than the property proposed for development, no later than CD157:3 • . Fayetteville Code of Ordinances • (b) Methods of notice. Notice shall be by densities, setback requirements, height one of the following methods: regulations, parking and access (i) Personal. Personal contact, or requirements, and all other applicable city ordinances. (ii) Mail. Certified mail, return receipt requested. (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; (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 Subdivision Committee and Planning Commission reviews the development plan, 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) Contact. Proof showing personal contact. (C) Subdivision regulations. The following requirements shall apply to the subdivisions: (1) Public hearing required. On any proposed amendments to the subdivision regulations, the Planning Commission shall hold a public hearing. (D) Side setbacks. (1) Internal side setbacks may be varied on one side to permit zero lot line development, provided the side setback opposite the zero lot line is at least 15 feet. On the periphery of the development no structure shall be placed closer than eight (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. (2) Side setbacks may be varied to permit common walls between townhouses. There shall be no specific requirements as to minimum lot width; lot area, or minimum area per dwelling unit for townhouses or condominiums; but townhouses and condominiums shall conform to the district Cross reference(s)—Amended by majority of City Council without first going to the Planning Commission, §154.01. (3) Notice of public hearing - city. Prior to public hearing being held, the city shall provide the following notice: (a) When. Notice of the public hearing shall be given 15 days in advance of the public hearing. (b) Method of notice. Notice shall be by publishing in a local newspaper of general distribution. (Code 1965, App. C., Art. IV, §1; App. A., Arts. 5, 5(IIA), 8(12), 12(1); App. C., Art. V, §F; Ord. No. 1747, 6-29-70; Ord. No. 1750, 7.6.70; 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. 2603. 2-19-80; Ord. No. 2633, 5-20-80; Ord. No. 2710, 3-24-81; Ord. No. 2779, 11-17-81; Ord. No. 2980, 2-7-84; Ord. No. 3128, 10-1-85; Ord. No. 1747, 6-29-70; Code 1991, §§159.54, 159.68, 160.032, 160.035, 160.121(L), (M), 160.156; Ord. No. 2716, §1, 6-15-93; Ord. No. 3925, §§6, 7, 10-3-95; Ord. No. 4100, §2 (Ex. A), 6-16- 98) Sec. 157.03. Zoning. (A) Zoning map amendments (rezoning) / Planning Commission. (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. (B) Variances / Board of Adjustment. (1) Public Hearing. Upon receipt of a petition for a variance, the Board of Adjustment shall hold a public hearing on the requested variance. CD157:4 TITLE XV. UNIFIED DEVELOPMENT CODE Ii I* I• (2) Notice of public hearing - city. Notice of public hearing shall be given by the city using the following methods: (1) 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. (2) Other notice. The Board of Adjustment --shall also give -notice of such hearing to- - interested persons and organizations as, it deems feasible and practicable. (Code 1965, App. A., Art 12(1); Ord. No. 1747, 6-29-70; Ord. No. 2538, 7-3-79; Code 1991, §160.156; Ord. No. 3716; §1, 6-15-93; Ord. No. 3925, §7 , 10-3-95; Ord. No. 4100, §2 (Ex. A), 6-16-98) Sec. 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 - city. Prior to a public hearing, the city shall give notice as follows: Sign. Upon receipt of the application, a sign, at least 18 inches high and 24 inches wide, shall be posted in a conspicuous place and shall state the date, time, and conditional use to be considered. (C) 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 10 days before the public hearing. (c) Methods of notice. Method of notice shall be in one of the following manners: (i) Mail. Certified mail, return receipt requested; and/or, (ii) Signatures. 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. (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 10 days before the public hearing. (c) Methods of notice. Method of notice shall be in one of the following manners: (i) Mail. Certified mail, return receipt requested; and/or, (i) Signatures. 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. sign by. each property owner. (3) Home occupations. (a) Who gets notice. The owners of any dwelling unit located in an RSF-4 District within 500 feet of any boundary line of the property on which the home occupation is proposed. (b) When. At least seven (7) days prior to the public hearing. (c) Methods of notice. Method of notice shall be in one of the following manners: (i) Mail. Certified mail, return receipt requested. (ii) Publish. Publication in a newspaper of general circulation with the city. Notice shall not be published in the legal notice section and shall not be less than two (2) columns wide by three (3) inches high. (iii) Signatures. Obtaining the signature of at least one owner of each dwelling unit on a written notice. (4) Duplex uses in RSF-4, Residential Districts. (a) Who gets notice. The adjoining property owners. (b) When. At least 10 days prior to the public hearing. - CD157:5 Fayetteville Code of Ordinances • (c) Method of notice. Method of notice shall Sec. 157.05. Vacations of streets, alleys, rights - be certified mail, return receipt of -way, and easements. requested, to the property owners last known address. (A) Public hearing required. The City Council shall hold a public hearing, after receiving a (5) Facilities emitting odors and facilities recommendation by the Planning Commission, handling explosives. . on applications requesting vacation of streets, alleys, rights -of -way, and easements. (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 10 days prior to the public hearing. (c) Methods of notice. (i) Mail. Certified mail, return receipt requested, to the property owner's last known address. (ii) Publish. Publication in a newspaper of general circulation within the city. (6) Wireless communications facilities. (a) Who gets notice. Applicants requesting permits for new towers shall notify property owners within 500 feet radius from the center of the tower; applicants requesting permits for co -location shall not require notification. (b) Method of notice. Notification shall be certified mail for adjoining property owners, including across streets and regular mail for the remaining property owners within the notification area. (C) Proof of notice. Prior to the public hearing, the following, if required, shall be filed with the Planning Division. (1) Receipts. Return receipts. (2) Plan. Site plan drawings. (3) Proof of publication. Proof of publication. (4) Notices. Signed notices. (Code 1965, App. A., Art. 7(10), (20); OM. No. 1747, 6-29- 70; Ord. No. 1880, 8-15-72; Ord. No. 2486, 11-21-78; Ord. No. 2605, 2-19-80; Code 1991, §§160.085, 160.090, 160.095, 160.096; Ord. No. 3716, §3, 6-15-93; Ord. No. 3780, §1,4-19-94; Ord. No. 4100, § 2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99) (B) Notice of public heating. 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 1965, § 18-15; Ord. No. 1685, 7-7-69; Ord. No. 1898, 1-16-73; Code 1991, §98.13; Ord. No. 3925, §1, 10-3-95; Ord. No. 4100, §2 (Ex. A), 6-16-98) Cross reference(s)-Streets and Sidewalks, Ch. 171. Sec. 157.06. Appeals of staff decisions/ interpretations - Board of Adjustment. (A) Public hearing required. The Board of Adjustments shall hold a public hearing on appeals of staff decisions/interpretations concerning Zoning, Chapters 160 through 165. (B) Notice of public hearing. (1) Zoning regulations. The Board of Adjustment shall give the following notice of appeals of zoning regulations. (a) Who gets notice. Due notice to the parties in interest. (b) When. Seven (7) day's public notice. (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 property seven (7) 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 1965, App. A., Art 10(2); Ord. No. 1747, 6-29-70; Ord. No. 2538, 7-3-79; Code 1991, §§160.172, 162.03; Ord. No. 3699, §3, 4-20-93; Ord. No. 3716, §2, 6-15-93; Ord. No. 3925, §7, 10-3-95; Ord. No. 3901, §1,7-5-95; Ord. No. 3963, §9, 4-16-96; Ord. No. 4100, §2 (Ex. A.), 6-16-98. Cross reference(s)-Appeals, Ch. 155. i LJ CD157:6 • i TITLE XV. UNIFIED DEVELOPMENT CODE Sec. 157.07. Manufactured homes and manufactured 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/she shall give notice of such alleged violation to the owner of the park and to the person, to whom 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 property 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 1965, §13B-13; Ord. No. 1859, 3-20-72; Code 1991, §156.077; Ord. No. 4100, §2 (Ex A), 6-16-98) Cross reference(s)—Manufactured homes and Manufactured home Parks, Ch. 175, §163.22. Sec. 157.08. Fire Prevention Code. Blasting. In addition to the requirements and regulations provided in the Fire Prevention Code, the applicant for a blasting permit shall notify all residential property owners located within 200 yards of a blasting site. Notification may be personal contact, or by written notice left at the residence and shall contain the dates of any blasting activity. (Ord. No. 4100, §2 (Ex A), 6-16-98; Ord. No. 4125, 11-17- 98) Cross references) -Fire Prevention code/Building Code. § 173.02. Sec. 157.09. Sign Appeal. • (3) Public Hearing. Upon receipt of a petition for a sign appeal, the Board of Sign Appeals shall hold a public hearing on the requested appeal. (4) Notice of public hearing - city. Notice of public hearing shall be given by the city using the following methods: (1) 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. (2) Other -notice. The Board of Sign Appeals shall also give notice of such hearing to interested persons and organizations as it deems feasible and practicable. Sees.157.10-157.99. Reserved. CD157:7 0 Fayetteville Code of Ordinances • • • I •1 CD157:8 158.01. Guarantees in lieu of installed improvements. 158.02. Excavation in public rights -of -way. 158.03. Maintenance. 158.04. Grading; bonds/sureties. 158.05. Off -site improvements/delays. 158.06. Sidewalks. .158.07.-158.99. Reserved. 0 Fayetteville Code of Ordinances • I] C • LE XV. UNIFIED DEVELOPMENT CODE • CHAPTER 158. BONDS AND GUARANTEES. • Sec. 158.01. Guarantees in lieu of installed (C) Remedies. The city has the following options if improvements. the improvements have not been constructed after 270 days: (A) Subdivisions. The Planning Commission may approve a subdivision final plat 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% 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. (4) Sidewalks. Sidewalks may be guaranteed pursuant to §166.03(E). (B) Large scale developments. The Planning • Commission may approve an office, commercial, or industrial large scale development plan prior to the installation of the required improvements; however, no building permits may be issued until one of the following has occurred: (1) Complete. All of the required improvements have been completed; or (2) Deposit. The developer deposits with the city or provides the following in an amount equal to 150% of the estimated cost of the uncompleted improvements as determined by the City Engineer. (a) Currency. U.S. currency; (b) Bond. A performance/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. (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 complete, the entire deposit shall be returned to the developer. (2) Irrevocable letter of credit. (a) Call letter of credit. Call the irrevocable letter of.crediit 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% of the estimated cost of remaining improvements as determined by the City Engineer. After the City Engineer certified 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% of the estimated cost of remaining improvements as determined by the City Engineer. CD158:3 • Fayetteville Code of Ordinances • (Code 1965, App. C., Art III, §B; Ord. No. 1979, 2-5-74; Code 1991, §159.34; Ord. No. 3869, §1, 2-21-95; Ord. No. 3958, §1, 4-2-96; Ord. No. 4100, §2 (Ex. A), 6-16-98) Sec. 158.02. Excavation in public rights -of -way. Cash bond. No person shall make any excavation of 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 property repairing and replacing said street or public right-of- way, as determined by the Mayor, or his duly authorized representative. (Code 1991, §161.23; Ord. No. 3551, 6-4-91; Ord. No. 4100, §2 (Ex. A), 6-16-98) Sec. 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 form 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. (B) Stormwater management, drainage and erosion control. A one (1) year maintenance bond for 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 the release of the bond. (Code 1965, App. C., Art. III, §C: Ord. No. 1750, 7-6-70; Code 1991, §§159.35, 163.13; Ord. No. 3895, §1. 6-20-95; Ord. No. 4100, (Ex A), 6-16-98) Sec. 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 the work, if not completed 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; Ord. No. 4100 (Ex. A), 6-16-98) Sec. 158.05. 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 developer 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 or large scale development 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 (5) 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 refund the monies to the then current owner of the land for which such fee was paid with interest since the date of payment. Interest shall be based on a five percent (5%) annual rate. (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. • CD158:4 TITLE XV. UNIFIED DEVELOPMENT CODE (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 10 days from receipt of written notice from the city. (Ord. No. 4100, §2 (Ex. A), 6-16-98) . Sec. 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 owners 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. • (Ord. No. 4100, §2 (Ex. A), 6-16-98) Cross reference(s)—Streets and Sidewalks, Ch. 171. Sect 158.07.-158.99. Reserved. • CD158:5 IFayetteville Code of Ordinances S 0 CD158:6 S TITLE XV. UNIFIED DEVELOPMENT CODE Chapter 159. Fees. Sec. 159.01. Fees/schedule. Secs. 159.02.-159.99. Reserved. • • CD159:1 0 Fayetteville Code of Ordinances 0 CD159:2 i • TITLE XV. UNIFIED DEVELOPMENT CODE CHAPTER 159. FEES. • Sec. 159.01. Feeslschedule. (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 UDC. (1) An alderman may present a resolution to the City Council to waive, or reduce development permit fees otherwise required by this chapter, elsewhere within the Unified Development Code. If the reduction, or waiver would serve the public interest, alleviate an unfair burden upon an applicant, or be beneficial to the city as a whole, the City Council may grant such reduction, or waiver of permit fee. (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 Division. • (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. (b) Windblown signs. $10.00. (c) Sign variance. Filing fee: $350.00 (3) Development. rnnri,rrant Plat Nonresidential $800.00 10 or less residential units $200.00 25 or less residential units $400.00 26 or more residential units $800.00 Draliminanr Plat Nonresidential $800.00 10 or less residential units $200.00 25 or less residential units $400.00 26 or more residential units $800.00 Cnnl Dint Nonresidential $800.00 10 or less residential units $200.00 25 or less residential units $400.00 26 or more residential units $800.00 Concept Plat I $50.00 Lot split I $200.00 ii . i..mT.r 9=. ..., ,iil Nonresidential $800.00 10 or less residential units $200.00 25 or less residential units $400.00 26 or more residential units $800.00 Dlannnd 7nninn nietrirl Nonresidential $1,125.00 Residential: 10 or less residential units/lots - $525.00 25 or less residential units/lots $725.00 26 or more residential units/lots $1,125.00 (4) Physical alteration of land. Parma Fan Less than rh acre $75.00 rh to 1 acre $100.00 Over 1 acre $200.00 Appeals $100.00 (Ord. No. 4113,8-18-98) (5) Drainage. Non-refundable permit application fee. Up to 0.5 acre $75.00 0.51 to 1.0 acre $100.00 Over 1.0 acre $200.00 Appeals $100.00 (6) Zoning. Rezoning $325.00 Conditional use $100.00 Manufactured home: Initial permit $25.00 Renewal $12.50 Home occupation: Initial permit $25.00 Renewal $12.50 Variance: Before any violation has occurred $25.00 After any violation has occurred $100.00 Appeal of Zoning and Development Administrator interpretation $25.00 Certificate of Zoning Compliance $25.00 (7) Streets and sidewalks. Driveway and curb cut $20.00 Sidewalk $20.00 Driveway, curb cut and sidewalk $25.00 Excavation of streets and other public ways $5.00 CD159:3 Fayetteville Code of Ordinances requirement of any code in the Cross reference(s)--Excavations, §171:14 execution of the work nor from • any other applicable penalties. (8) Tree preservation. e. Re -inspection. For each re - Filing fee I $120.00 II inspection for correction of violations and/or if installation (9) Floodplain determination, is not ready for requested inspections the fee shall be II Administrative review fee $25.00 ij $20.00. (ii) Permit valuation. (10) Vacations. a. Permit valuation is the Filing fee $200.00 reasonable valuation of all services, labor, materials, and 11 Buildin permits. appliances or devices entering ( ) ginto and necessary to the prosecution and completion of (a) General fees. The following general the work ready for occupancy. provisions shall apply to all permits, including but not limited to building, b. The permit valuation shall electrical, gas, mechanical and include total cost such as plumbing; and shall apply in addition to plumbing, electrical, gas, the fees and requirements set forth in mechanical, equipment, and each separate code. other systems, however, the I Permit fees. cost of excavation or grading, C)paying, and land cost are not Design/build fee. In addition to deemed a part of such permit a. valuation. the permit fees, a design/build fee for fast -track, design -build, c. The building permit fee shall be • and buildings permitted with based on the valuation as construction progressing as determined by the building design and construction plans code data or as submitted by are in progress shall be equal the applicant, whichever is to one-half the permit fee but greater. shall not be more than $1,000.00. (iii) Exemptions from permit fees. b. Emergency, investigative and a. Historical buildings. after hour(s). In addition to the permit fee, an emergency fee 1. Buildings identified and for after hours inspection, I classified as historical investigations and emergency buildings or structures by inspections shall be $20.00 per state or local jurisdiction inspection, shall be exempt from permit fees. c. Outside city limits. In addition to the permit fee, each 2. The Mayor may exempt all inspection required outside or part of the applicable Fayetteville city limits shall be permit fees for buildings $20.00 per inspection, that can be proven to be without permit. Where more than 50 years old d. Work p that are judged by the work for which a permit is building official to be safe required is started or and in the public interest of proceeded prior to obtaining health, safety, and welfare said permit, the fees herein regarding any proposed specified shall be doubled. construction, alteration, Payment of such double fee repair, enlargement, • shall not relieve any persons restoration, or relocation, from fully complying with the CD159:4 TITLE XV. UNIFIED DEVELOPMENT CODE • • or moving of buildings within fire districts. 3. Demolition fees. Single family residences shall be exempt from demolition 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 —new building $15.00 Certificate of completion $15.00 C of O -existing building and/or change of occupancy use $25.00 Demolition permit $50.00 Temporary C of O $25.00 Annual C of O renewal $12.50 Annual C of O renewal —if expired $25.00 Footing/foundation only $50.00 Appeal of building official to Construction Board of Adjustment and Appeal 1 $50.00 Moving rmit $100.00 Permit extension $50.00 Plan view fee —shall not exceed $1,000.00 (c) Electrical. (I) Electrical permit fees. Fees for permit shall be paid to the city, as follows: a. First four meters, new or replacement, $20.00 b. For each additional meter on a building, $5.00 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. (d) Apprentice electrician. Registration of an apprentice electrician, $10.00. (d) Gas. (i) Gas permit fees. Fees for gas permit shall be paid to the city, as follows: a. First five fixtures for $20.00 plus $2.00 for each additional fixture. (ii) 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: $20.00 Minimum permit fee for the first unit Additional units greater than 'h horse r $5.00 Fractional horse power mechanical exhaust $2.00 Gas vent per unit $5.00 CD159:5 (f) Plumbing. (i) Plumbing permit fees. Fees for plumbing permits shall be paid to the city,.as follows: a. First five fixtures for $20.00, plus $1.75 for each additional fixture, and b. $10.00 for each inspection required for plumbing under slab. Sec. 159.02 Water and wastewater impact fees (A) Applicability. , (1) The following provisions shall apply to all of the territory within the City's water and wastewater service areas, including areas outside the corporate city limits and within service areas located within Washington County and other incorporated cities after June 16,2003. (2) The following types of development shall be required to pay a water and/or wastewater impact fee: (a) New development seeking a new connection to the City's water or wastewater system. (b) New development seeking a new connection to the system of a wholesale customer of the City's water or • Fayetteville Code of Ordinances • wastewater system, where collection of months from the effective date of this the City's impact fee is required by the ordinance. City's contract with the wholesale customer. (D) Fee Determination (c) Residential redevelopment involving the construction of one or more additional dwelling units. (d) Nonresidential redevelopment seeking a larger capacity water meter. (B) Intent (1) The intent of wastewater and water impact fees is to ensure that new development bears a proportionate share of the cost of improvements to the City's water and wastewater systems; to ensure that the proportionate share does not exceed the cost of providing water and wastewater facilities to the development that paid the fee; and to ensure that funds collected from developments are used to construct water and wastewater facilities that serve such developments. It is further the intent of this Ordinance to use the impact fees to implement the City's 2020 General Plan and future plan updates and to implement the City's Five Year Capital Improvements Program. (2) It is not the intent of this Ordinance to collect any money from any development in excess of the actual amount necessary to offset demands generated by that development for the water and wastewater facilities for which the fee was paid. (3) It is not the intent of this Ordinance that any monies collected for the water impact fee and the wastewater impact fee ever be commingled or ever be used fora type of facility different from that for which the fee was paid. (C) Time of Collection (1) Water and wastewater impact fees for new development shall be paid prior to the issuance of a• new or larger water meter, connection to the wastewater system, or issuance of a building permit; whichever comes first (2) Development projects which have obtained building permits prior to the effective date of this ordinance shall not have to pay impact fees if the building is completed with water and sewer hook-ups installed and certificate of occupancy issued no later than six (6) (1) Schedule of Fees. The Impact Fee Administrator shall determine the amount of the water and wastewater impact fees for residential uses based on the type or size of the dwelling unit and for nonresidential uses based on the size of the water meter using the following schedule: C Land Use Unit Water Waste - Water Total Single -Family (average) Dwelling $308 $835 $1,143 Mufti -Family (per dwelling unit) Dwelling $219 $593 $812 Nonresidential (5/8" x 3/4" meter) Meter $308 $835 $1,143 Nonresidential (1" meter) Meter $770 $2,088 $2,858 Nonresidential (1-1/2" meter) Meter $1,540 $4,175 $5,715 Nonresidential (2" meter) Meter $2,464 $6,680 $9,144 Nonresidential (3" meter) Meter $4,928 $13,360 $18,288 Nonresidential (4" meter) Meter $7,700 $20,875 $28,575 Nonresidential (6" meter) Meter $15,400 $41,750 Nonresidential (8" meter) Meter $24,640 $66800 $91,440 Nonresidential (10" meter) Meter $35,420 $96,025 $131,445 (2) Redevelopment, Reconstruction, Change of Use. In the event of a redevelopment, reconstruction or change of use from an existing development or use, the fee shall be the difference between what the fee would be for the entire redevelopment or reconstruction project and what the fee would have been for the existing development or use. Enlargement of a single family home will not require any impact fee. (3) Mixed Use. If the proposed development includes a mix of the residential land uses and/or nonresidential meter sizes that are listed in the impact fee schedule, the fee shall be determined by adding up all the water and wastewater impact fees that would be applicable for each residential land use type and/or nonresidential meter size as if it was a freestanding land use type. (4) Fire Suppression / Low Pressure. It is the intent of this ordinance to base water and I TITLE XV. UNIFIED DEVELOPMENT CODE wastewater impact fees on the typical usage water impact fees collected pursuant to this in a new building or other facility. Ordinance plus any interest which may . Extinguishing of fires is not a part of accrue from time to time on such amounts. typical usage; to allow adequate fire flow to sprinklers and internal hydrants at some (3) Wastewater Impact Fee Account. The large and at -risk properties, it may be Wastewater Impact Fee Account shall necessary for fire protection purposes to contain only those wastewater impact fees install a larger water meter than would be collected pursuant to this Ordinance plus any necessary to meet day-to-day needs of that interest which may accrue from time to time facility. In addition, a larger meter maybe on such amounts. required in areas of low water pressure than in areas of normal water pressure for the —(4)_Order of Use. Monies in each impact fee -same-type of use. In those cases, it is the, - - �accoiiht shall be considered to be spent in policy of the City that the impact fee for the order collected, on a first-in/first-out water.and wastewater should be based on basis. the meter size needed by that facility for its typical usage, without regard to fire -flow or (5) Use of Fees. The monies in each impact fee unusual pressure conditions. account shall be used only for the following: (5) Irrigation. Any separate water meter installed (a) Acquisition. To acquire land for and/or for irrigation purposes only shall not be acquire or construct water or included in the calculation of the wastewater wastewater system improvements of the impact fee. type reflected in the title of the account and as described in the Impact Fee (6) Affordable Housing Exemption. Study as well as extension of service to new development paying an impact fee. (a) Single family housing. Construction of single family housing funded wholly or (b) Debt service. To pay debt service on primarily by --federal Community any portion of any current or future Development Block Grants, non- general obligation bond issue or profit service organizations such as revenue bond issue used to finance • Habitat for Humanity, Housing and water or wastewater system Urban Development housing loans and improvements of the type reflected in similar programs designed to provide the title of the account that created or affordable, owner -occupied, single will create capacity to serve new • family residences to low income development. individuals shall be exempted from payment of impact fees pursuant to this (c) As described in subsection F. Refunds. ordinance by the Impact Fee Administrator. (F) Refunds. (b) Appeal. A person aggrieved by the (1) Any monies in the Impact Fee Fund that Impact Fee Administrator's refusal to have not been spent or encumbered within grant an Affordable Housing Exemption ten (10) years after the date on which such may appeal the denial to the Planning fee was paid shall be refunded by the City to Commission, the then current owner of the land for which the fee was paid with interest since the date (E) Use of Fees. of payment. Interest shall be based on a five percent annual rate. (1) Establishment of Accounts. An Impact Fee Fund that is distinct from the General Fund (2) After an impact fee has been paid pursuant of the City is hereby created, and the impact to this Ordinance, no refund of any part of fees received will be deposited in the such fee shall be made due to the fact that following interest -bearing accounts of the the project for which the fee was paid is later Impact Fee Fund: demolished, destroyed, or is altered, reconstructed, or reconfigured so as to (a) Water Impact Fee Account, and reduce the number of dwelling units in the project, or the size of the water meter (b) Wastewater Impact Fee Account. required. (2) Water Impact Fee Accounts. The Water (3) At the time of payment of the water or . Impact Fee Account shall contain only those wastewater impact fee under this Ordinance, CD159:7 0 Fayetteville Code of Ordinances • the Impact Fee Administrator shall provide the applicant paying such fee with written notice of those circumstances under which refunds of such fees will be made. Failure to deliver such written notice shall not invalidate any collection of any impact fee under this Ordinance. (Code 1965, §§178-3(c); 17B -7(k), 18-27, App. -A., Art 9(6), 10(2), 11, App. C., AR II, §E; Ord. No. 1747, 6-29-70; Ord. No. 1790, 3-15-71; Ord. No. 1893, 12-19-72; Ord. No. 2198, 2-17-76; Ord. No. 2323, 4-5-77; Ord. No. 2538, 7-3-79; Ord. No. 2581, 12-4-79; Ord. No. 2934, 8-2-83; Ord. No. 2948, 9- 20.83; Ord. No. 3230, 11.8.86; Ord. No. 3298, 10-6-87; Code 1991, §§98.62, 158.22, 158.45, 159.15, 160.172, 160.195, 160.197; Ord. No. 3716, §2, 6-15-93; Ord. No. - - ---'3925, §4, 7, 10-3-95; Ord; No: -4100, §2 (Ex. A); 6-16-98; 'Ord. No. 4113, § 1, 8-18-98; Ord. 4323, 6-19-01; Ord. No. 4447, §1,1 12-17-02) Secs. 159.03.-159.99. Reserved... 0 0 CD159:8 TITLE XV. UNIFIED DEVELOPMENT CODE • • • • CD159:9 TITLE XV. UNIFIED DEVELOPMENT CODE • Chapter 160. Zoning Districts. Sec. 160.01. Establishment of districts. Sec. 160.02. Official zoning map. Sec. 160.03. Rules of interpretation of district boundaries. Sect 160.04.-160.99. Reserved. • 0 CD160:1 • Fayetteville Code of Ordinances • • • a CD160:2 TITLE XV. UNIFIED DEVELOPMENT CODE CHAPTER 160. ZONING DISTRICTS. Sec. 160.01. Establishment of districts. The, following zoning districts are hereby established: ZONING DISTRICTS R -A Residential - Aricultural RSF-.5 Residential Single-family — One Half Unit per Acre RSF-1 Residential Single-family — One Unit per Acre RSF-2 Residential Single-family — Two Units per Acre RSF4 Residential Single-family — Four Units per Acre RSF-7 Residential Single-family —Seven Units per Acre RT-1 2 Residential Two and Three-family RMF-6 Residential Multi -family — Six Units per Acre RMF-12 Residential Multi -family — Twelve Units per Acre RMF-18 Residential Mufti -family — Eighteen Units per Acre RMF-24 Residential Mufti -family —Twenty-Four Units per Acre RMF-40 Residential Mu@i-family—Forty Units perAcre 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 1-2 General Industrial P-1 Institutional E-1 Extraction DOD Design Overlay District R-PZD Residential Planned Zoning District C-PZD Commercial Planned Zoning District I-PZD Industrial Planned Zoning District (Code 1965, App. A., Art. 5; Ord. No. 1747, 6-29-70; Ord. No. 3115, 9-3.85; Ord. No. 3128, 10-1-85; Code 1991, §§160.015, 160.048; Ord. No. 3792, §1, 5-17-94; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4325, 7-3-01) Sec. 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 1. of Ordinance No. 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 City Planning. A conformed copy of the official zoning map shall be located in the office of the City Clerk. (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 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 matters 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 preserved, together with all available records pertaining to its adoption or amendment. (Code 1965, App. A., Art. 1; Ord. No. 1765, 10.19-70; Code 1991, §160.018; Ord. No. 4100, §2, (Ex. A), 6-16-98) Cross reference(s)—Enforcement Ch. 153. CD160:3 • Fayetteville Code of Ordinances • Sec. 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 highway, 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 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 Zoning and Development Administrator shall interpret the boundaries. (H) Divided lot/single ownership. Where a district boundary line divides a lot which was in single ownership, the Zoning and Development Administrator 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 1965', App. A., Art. 2; Ord. No. 1747, 6-29-70; Code 1991, §160.017, Ord. No. 4100, §2 (Ex. A), 6-16-98) Sect 160.04.-160.99. Reserved. i CD160:4 • • TITLE XV. UNIFIED DEVELOPMENT CODE • • CD160:5 TITLE XV. UNIFIED DEVELOPMENT CODE Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sea • 161.01 161.02 161.03 161.04 161.05 161.06 161.07 161.08. 161.09. 161.10. 161.11. 161.12. 161.13. 161.14. 161.15. 161.16. 161.17. 161.18. 161.19. 161.20. 161.21 161.22. 161.23. 161.24. 161.25 161.21 Chapter 161. Zoning Regulations. Application of district regulations. Certificate of zoning compliance. District R -A, Residential - Agricultural. District RSF-.5, Residential Single-family —One Half Unit per Acre. District RSF-1, Residential Single-family -One Unit per Acre. District RSF-2, Residential Single-family —Two Units per Acre. District RSF-4, Residential Single-family— Four Units per Acre. District RSF-7, Residential Single-family — Seven Units per Acre. District RT-12, Residential Two and Three-family. District RMF-6, Residential Multi -family — Six Units per Acre. District RMF-12, Residential Multi -family — Twelve Units per Acre. District RMF-18, Residential Multi -family— Eighteen Units per Acre. District RMF-24, Residential Multi -family — Twenty-four Units per Acre District RMF-40, Residential Multi -family — Forty Units per Acre District R -O, Residential Office. District C-1, Neighborhood Commercial. District C-2, Thoroughfare Commercial. District C-3, Central Commercial. District CA, Downtown. District I-1, Heavy Commercial and Light Industrial. District 1-2, General Industrial. District P-1, Institutional. District E-1, Extraction. Design Overlay District (1-540 Highway Corridor). Planned Zoning Districts. L-161.99. Reserved. CD161:1 SFayetteville Code of Ordinances • • • C CD161:2 • TITLE XV. UNIFIED DEVELOPMENT CODE CHAPTER 161. ZONING REGULATIONS • Sec. 161.01. Application of district regulations. (1) Front. Measured from the street right-of-way, Minimum regulations/exceptions. The regulations set or street right-of-way setback as required by by this chapter within each district shall be minimum the Master Street Plan. regulations and shall apply uniformly for each class or kind of structure or land, except as hereinafter (2) Side. Measured from the side property line. provided: (3). Rear. Measured from the rear property line. (A) General. No building, structure, or land shall hereafter be used or occupied, and no building or (4) Comer. A comer lot has two fronts and two structure or part thereof shall hereafter be sides. erected, constructed, reconstructed, moved or structurally altered except in conformity with all (G) Conditional Uses. These uses are permissible if the regulations herein specified for the district in approved by the Planning Commission. See which it was located. Chapter 163, Use Conditions. (B) Limitations. No building or other structure shall (Code 1965, App. A., Art 3; Ord. No. 1747, 6-29-70; Code hereafter be erected or altered: 1991, §160.016; Ord. No. 4100, §2 (Ex A), 6-16-98) . (1) Height/bulk. To exceed the height or bulk; Sec. 161.02. Certificate of zoning compliance. (2) Number of units. To accommodate or house (A) Required. It shall be unlawful to use or occupy or a greater number of units; permit the use or occupancy of any building or premises, or both, or part thereof hereafter (3) Lot area. To occupy a greater percentage of created, erected, changed, converted, or wholly lot area; or partly altered, or enlarged in its use or structure until a certificate of zoning compliance (4) Setback/open spaces. To have narrower or shall have been issued therefore by the Zoning smaller rear setbacks, front setbacks, side and Development Administrator stating that the • setbacks, or other open spaces than herein proposed use of the building or land conforms to required; or the requirements of this chapter.. (5) Other. In any other manner contrary to the (B) Nonconforming use/structure. No non - provisions of this chapter. conforming structure or use shall be renewed, changed, or extended until a certificate of zoning (C) Independent compliance. No part of a setback, compliance shall have been issued by the Zoning or other open space, or off-street parking or and Development Administrator. The certificate loading space required about or in connection of zoning compliance shall state specifically with any building for the purpose of complying wherein the nonconforming use differs from the with this chapter shall be included as part of a provisions of this chapter. The Zoning and setback, open space, or off-street parking or Development Administrator shall maintain a loading space similarty required for any other record of all certificates of zoning compliance, building, and a copy shall be furnished upon request to any person. (D) Effective date. No setback or lot existing on June 29, 1970, shall be reduced in dimension or area (C) below the minimum requirements set forth herein. Setbacks 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. (F) Measuring setbacks. • Authorized construction(use. Certificates of zoning compliance issued on the basis of plans and applications approved by the Zoning and Development Administrator authorize only the use, arrangements, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. (Code 1965, App. A, Art 9(3), (5); Ord. No. 1747, 6-29-70; Code 1991, §§160.192, 160.194; Ord. No. 4100, §2 (Ex A), 6-16-98) Cross reference(s)—Enforcement Ch. 153. CD161:3 • Fayetteville Code of Ordinances • Sec. 161.03. District R -A, Residential - 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; provide opportunity for affordable housing, increase scenic attractiveness; and conserve open space. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by ht Unit 3 Public protection and utility facilities Unit 6 Agriculture Unit 7 Animal husbandry Unit 8 Single-family dwellings Unit 9 $ Two-family dwellings Unit 37 Manufactured homes (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 4 Cultural and recreational facilities Unit 20 Commercial recreation, large sites Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. Units per acre I One-half II (D) Bulk and area regulations. 200 R Lot width minimum Lot Area Minimum: Residential: Nonresidential: 2 acres 2 acres Lot area per dwelling unit 2 acres (E) Setback requirements. Front Side Rear 35 ft. 20 ft. 35 ft (F) Height requirements. There shall be no maximum height limits in the A-1 District, provided, however, that any building 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 setback lines. (G) Building area. None. (Code 1965, App. A., Art. 5(1); Ord. No. 1747, 6-29-70; Code 1991, §160-030; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99) Sec. 161.04. District RSF-.5, Residential Single- family — One Half Unit per Acre. (A) Purpose. A district having single-family detached residences on lots with a minimum size of two acres and a maximum gross density of approximately one-half unit per acre. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by ht Unit 8 Single-family dwellings (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 24 Home occupations Unit 36 Wireless communications 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 dwelling unit 2 acres (E) Setback requirements. Side Rear Front 35 ft. 20 ft 35R (F) Height regulations. Building height maximum I 35 R (G) Building area. None. (Code 1991, §160.043; Ord. No. 3792, §4, 5-17-94; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99) C C CD161:4 •TITLE XV. UNIFIED DEVELOPMENT CODE F] El U Sec. 161.05. District RSF-1, Residential Single- family — One Unit per Acre. (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 1 City-wide uses by right Unit 8 Single-family dwellings (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. Unitsperacre I I (D) Bulk and area regulations. Lot width minimum 150 R Lot area minimum 43,560 sq. ft. 1 acre Land area per dwelling unit 43,560 sq. ft. 1 acre (E) Setback requirements. Front Side Rear 35 ft. 20*. 35 ft. (F) Height regulations. Maximum building height I 35 ft. (G) Building area. None. (Code 1965, §160.44; Ord. No. 3792, §4; 5-17-94; Ord. No. 4100, §2 (Ex. A), 6-16-98) Sec. 161.06. District RSF-2, Residential Single- family - Two Units per Acre. (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,(X10 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. (1) Permitted uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings (2) Conditional uses. Unit 2 City-wide uses by conditional use permit. Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. Units per acre I 2 (D) Bulk and area regulations. Lot width minimum 100 ft. Lot area minimum 21,780 sq. R Land area per dwelling unit 21,780 sq. ft (E) Setback requirements. Front Side Rear 30 ft., 15 ft. 30ft (F) Height regulations. Building height maximum I 35 ft. (G) Building area. None. (Code 1991, §160.045; Ord. No. 3792, §4, 5-17-94; Ord. No. 4100, §2 (Ex A), 6-16-98; Ord. No. 4178, 8-31-99) CD161:5 • Fayetteville Code of Ordinances • Sec. 161.07. District RSF-4, Residential Single- family— Four Units per Acre. (A) Purpose. The RSF-4 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 8 Single-family dwelling (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 9 Two-family dwellings Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. Single-family dwellings Two-family dwellings Units per acre 4 or less 7 or less (D) Bulk and area regulations. Single-family dwellings Two-family dwellings Lot minimum width 70 ft. 80 ft. Lot area minimum 8,000 sq. ft. 12,000 sq. ft. Land area per dwelling unit 8,000 sq. ft. 6,000 sq. R (E) Setback requirements. Front Side Rear 1125ft 8ft. 20ft. (F) Height. None ((3) 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; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99) Sec. 161.08. District RSF-7, Residential Single- family — Seven Units per Acre. (A) Purpose. The RSF-7 Residential District is designed to permit and encourage the development of detached dwellings in suitable environments. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 9 Two family dwellings Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. By Right Conditional Use Single-family dwelling units per acre 7 or less 8.5 Two-family dwelling units per acre — Option: 15% of the lot, maximum (D) Bulk and area regulations. (1) Lot width minimum. Single-family ft. 6!ffl Two-family 6Townhouse, no more than two attached 3 (2) Lot area minimum. Single-family 6,000 sq. ft. Two-family 6,000 sq. ft. Townhouse, no more than two attached 3,000 sq. R (3) Land area per dwelling unit. Single-family 6,000 sq. ft. Two-family 3,000 : ft. Townhouse, no more than two attached 3,000 sq. ft. • 0 0 CD161:6 TITLE XV. UNIFIED DEVELOPMENT CODE (E) Setback requirements. Front Side Rear 25 ft. oft. 20 ft. (F) Height regulations. Ii Building height maximum I 30 ft. II (G) Building area. The area occupied by all buildings shall not exceed 50% of the total lot area. (Code 1991, §160.046; Ord. No. 3792, §4,5-17-94; Ord. No. 4100, §2 (Ex. A), 6-16.98; Ord. No. 4178, 8.31-99) Cross reference(s)—Variance, Ch. 156. Sec. 161.09. District RT-12, Residential Two and Three Family (A) Purpose. The RT-12 Residential District is designed to permit and 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. (1) Permitted uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit9 Two-family dwellings Unit 10 Three-family dwellings (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. Units per acre I 12 or less II (D) Bulk and area regulations. Single-family Two-family Three-family Lot width minimum 60 ft. 70ft. 90 ft Lot area minimum 6,000 sq. ft 7,260 sq. ft 10,890 sq. ft Land area per dwelling unit 6,000 sq. ft 3,630 sq. R 3,630 sq. ft (E) Setback requirements. Front Side Rear 25 ft. 8ft. 20ft (F) Height regulations. No building shall exceed a height of 30 feet. (G) Building area. The area occupied by all buildings shall not exceed 50% of the total lot area. (Code 1965, App. A., Art. 5(IIA); Ord. No. 3128, 10.1-85; Code 1991, §160.032: Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99) Cross reference(s)—Variance, Ch. 156. CD161:7 0 Fayetteville Code of Ordinances Sec. 161.10. District RMF-6, Residential Multi- family — Six Units per Acre. (A) Purpose. The RMF-6 Multi -family Residential District is designed to permit and encourage the development of multi -family residences at a low density that is. appropriate to the area and can serve as a transition between higher densities and single-family residential areas. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 26 Multi-fami) dwellin s. (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 11 Manufactured home park Unit 24 Home occupations Unit 25 Professional offices Unit 36 ._ -Wireless.communications.faciliies (C) Density. Units race I 4to6 (D) Bulk and area regulations. (1) Lot width minimum. Manufactured home park 100 ft. Lot within a manufactured home park 50 ft. Single-family Got Two-family 60 ft. Three and more got Professional offices 100 ft. (2) Lot area minimum. Manufactured home park 3 acres Lot within a Manufactured home park 4,200 sq. R Townhouse: .. •Development •Individual lot 10,000 sq. R 2,500 sq. R 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. Manufactured home 3,000 sq. ft. Apartments: No bedrooms 1,700 sq. IL One bedroom 1,700 sq. R Two or more bedrooms 2,000 sq. ft Fraternity or Sorority 1,000 sq. ft. per resident (E) Setback requirements. Front Side Rear 25ft.— _ 8ft-- 258 Cross reference(s)—Variances, Ch. 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. (G) Building area. None. (Ord. No. 4325, 7-3-01) CI 0 C CD161:8 •TITLE XV. UNIFIED DEVELOPMENT CODE• Sec. 161.11. District RMF-12, Residential Multi- • family — Twelve Units per Acre. (A) Purpose. The RMF-12 Multi -family Residential District is designed to permit and encourage the development of multi -family residences at a moderate density that is appropriate to the area. (B) Uses. (1) Permitted uses. Unit 1 . .Ci <wide uses by -right - Unit 8 -Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 26 Multi -family dwellings (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 11 Manufactured home park Unit 24 Home occupations Unit 25 Professional offices Unit 36 Wireless communications facilities (C) Density. • I Units er acre I 4 to 12 (D) Bulk and area regulations. • (1) Lot width minimum. Manufactured home park 100 ft. Lot within a manufactured home park Soft. Single family 60 ft. Two-family 60 ft. Three and more 90 ft. Professional offices 100 ft. (2) Lot area minimum. Manufactured home park 3 acres Lot within a manufactured home park 4,200 sq. ft Townhouse: •Development •Individual lot 10,000 sq. ft 2,500 sq. R Single-family 6,000 sq. ft Two-family 7,000 sq. ft Three or more 9,000 sq. ft. Fraternity or SororitySorortty 2 acres Professional offices 1 acre (3) Land area per dwelling unit. Manufactured home 3,000 sq. ft. Apartments: No bedrooms One bedroom Two or more bedrooms 1,700 sq. 1,700 sq. 2,000 sq. ft. ft. ft. Fraternity or Sorority 1,000 sq. ft. per resident (E) Setback requirements. Front Side Rear 25 ft. 8ft. 25 ft. Cross reference(s)—Variances, Ch. 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. (G) Building area. None. (Ord. No. 4325, 7.3-01) CD161:9 • Fayetteville Code of Ordinances • Sec. 161.12. District RMF-18, Residential Multi- family — Eighteen Units per Acre. (A) Purpose. The RMF-18 Multi -family Residential District is designed to permit and encourage the development of mufti -family residences at a medium density that is appropriate to the area. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 8 -- - - -Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 11 Multi -family dwellings (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 11 Manufactured home park Unit 24 Home occupations Unit 25 Professional offices Unit 36 Wireless communications facilities (C) Density. Units peracre I 4 to 18 (D) Bulk and area regulations. (1) Lot width minimum. Manufactured home park 100ML Lot within a manufactured home park 50 Single-family 60 Two-family 60 Three and more 90 Professional offices 100 (2) Lot area minimum. Manufactured home park 3 acres Lot within a manufactured home park 4,200 sq. R Townhouse: +Development •Individual lot 10,000 sq. ft 2,500 sq. ft Single-family 6,000 sq. ft Two-family 7,000 sq. R Three or more 9,000 sq. ft. Fraternity or Sorority 2 acres Professional offices 1 acre (3) Land area per dwelling unit. Manufactured Home 3,000 sq. ft. Apartments: No bedrooms 1,700 sq. R One bedroom 1,700 sq. R Two or more bedrooms 2,000 sq. R Fraternity or Sorority 1,000 sq. ft. per resident (E) Setback requirements. Front Side Rear 25ft 8ft.25 ft. J� Cross reference(s)-Variances, Ch. 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. (G) Building area. None. (OM. No. 4325, 7-3-01) CD161:10 mTLE XV. UNIFIED DEVELOPMENT CODE • I. Li Sec. 161.13. District RMF-24, Residential Multi- family — Twenty -Four Units per Acre. (A) Purpose. The RMF-24 Multi -family 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) Permitted uses. Unit 1 City-wide uses by ht Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 26 Multi -family dwellings (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 11 Manufactured home park Unit 25 Professional offices Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. Unitsperacre I 4 to 24 (D) Bulk and area regulations. (1) Lot width minimum. Manufactured home park 100 ft. Lot within a. Manufactured home park . S0ft. Single-family 60 ft. Two-family 60 ft Three or more 90 R Professional offices 100 ft (2) Lot area minimum. Manufactured home park 3 acres Lot within a mobile home park 4,200 sq. R Townhouses: •Development •Individual lot 10,000 sq. R 2,500 sq. R Single-familySingle-famIly 6,000 sq. ft. Two-family 7,000 sq. ft. Three or more 9,000sq.ft. Fraternity or Sorority 2 acres Professional offices 1 acres (3) Land area per dwelling unit. Manufactured home 3,000 sq. ft. Apartments: •No bedroom 1,700 sq. ft. •One bedroom 1,700 sq. R •Two bedroom 2,000 sq. R Fraternity or Sorority 1,000 sq. ft. per resident (E) Setback requirements. Front Side Rear 25ft. --- --- - .8ft.---- - --- -- --- -25.ft. -- ---- Cross reference(s)—Variance, Ch. 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. ((3) Building area. None. (Code 1965, App. A., Art. 5(111); Ord. No. 2320, 4.6-77; Ord. No. 2700, 2-2-81; Code 1991, §160.033; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99) CD161:11 0 Fayetteville Code of Ordinances • Sec. 161.14. District RMF-40, Residential Multi- family - Forty.Units per Acre. (A) Purpose. The RMF-40 Multi -family Residential District is designated to protect existing high density multi -family development and to encourage additional development of this type where it is desirable. (3) Land area per dwelling unit. Manufactured home 3,000 sq. ft. Townhouses & apartments No bedroom 1,000 sq. ft One bedroom 1,000 sq. R Two or more bedrooms 1,200 sq. ft. Fraternity or Sorority 500 sq. ft. per resident (B) Uses. (E) Setback requirements. (1) Permitted uses. Unit 1 City-wide uses by ht Unit 8 Single-famiSy dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 26 ' Multi -family dwellings (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 11 Manufactured home park Unit 24 Home occupation Unit 25 Professional offices Unit 36 Wireless communications facilities (C) Density. Units peracre I 16t040 40 (D) Bulk and area regulations. (1) Lot width minimum. Manufactured home park 100 ft. Lot within a manufactured home park 50 ft. Single-family 60 ft. Two-family 60 ft. Three or more 90 ft. Professional offices 100 ft. (2) Lot area minimum. Manufactured home park 3 acres Lot within a manufactured home park 4,200 sq. R Townhouses: Development Individual lot 10,000 sq. R 2,500 sq. ft. Single-family 6,000 sq. ft. Two-family 6,500 sq. ft. Three or more 8,000 sq. ft. Fraternity or Sorority I acre Front Side Rear 25 ft. 8fL 20 ft. Cross reference(s)-Variance, Ch. 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. (G) Building area. None. (Code 1965, App. A., Art. 5(lV); Ord. No. 2320, 4-5-77; Ord. No. 2700, 2-2-81; Ord. No. 1747, 6-29-70; Code 1991, §160.034; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99) • r1 • CD161:12 TITLE XV. UNIFIED DEVELOPMENT CODE• Ii I. is Sec. 161.15. District R -O, Resdential 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) Permitted uses. Unit I City-wide uses by right Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 11 Manufactured home park Unit 12 Offices, studios and related services Unit 25 Professional offices (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 13 Eating laces Unit 24 Home occupations Unit 26 Multi -family dwellings Unit 36 Wireless communications facilities (C) Bulk and area regulations. (Per dwelling unit for residential structures) (1) Lot width minimum. Manufactured home park 100 ft. Lot within a manufactured home past Soft. Single-family 60 ft. Two-family 60 ft. Three or more 90 ft (2) Lot area minimum. Manufactured home park 3 acres Lot within a manufactured home park 4,200 sq. ft Townhouses: Development Individual lot 10,000 sq. ft. 2,500 sq. ft. Single-family 6,000 sq. ft. Two-family 6,500 sq. ft. Three or more 8,000 sq. ft. Fraternity or Sorority 1 acre (3) Land area per dwelling unit. red home 3 000 sq. ft. es & apartments: droom edroom r more bedrooms nFraterni 1,000 sq. 1,000 sq. 1,200sq.ft ft. ft. or Sorority 500 sq. ft. per resident (D) Density. Units peracre I 4 to 24 II (E) Setback regulations. Front 30 ft. Front, if parking is allowed between the right- of-wa and the buildin 50 ft Side • 10 R Side, when contiguous to a residential district 15 It. Rear, without easement or alley 25 R Rear, from center line of public alley 10 ft. (F) Height regulations. There shall be no maximum height limits in R -O Districts, provided, however, that any building which exceeds the height of 20 feet shall be set back with any boundary line of any RSF or RMF District an additional distance of one foot for each foot of height in excess of 20 feet. (G) Building area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of such lot. (Code No. 1965, App. A., Art. 5(x); Ord. No. 2414, 2-7-78; Ord. No. 2603, 2-19-80; Ord. No. 2621, 4-1-80; Ord. No. 1747, 6-29-70; Code 1991, §160.041; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99) CD161:13 • Fayetteville Code of Ordinances • Sec. 161.16. District C-1, Neighborhood 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 Ci-wideuses by right Unit 12 Offices; studios and related services Unit 13 Eating laces Unit 15 Neighborhood shopping Unit 18 Gasoline service stations and drive-in restaurants Unit 25 Professional offices (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 34 Liquor stores Unit 35 Outdoor music establishments Unit 36 Wireless communications facilities (C) Density. None. (D) Bulk and area regulations. None. (E) Setback regulations. Front 50 ft. Side None Side, when contiguous to a residential district 10 ft. Rear 20 ft. (F) Height regulations. There shall be no maximum height limits in C-1 District, provided, however, that any building which exceeds the height of 10 feet shall be setback from any boundary line of• any residential district a distance of one foot for each foot of height in excess of 10 feet. (G) Building area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. (Code 1965, App. A., Art 5(V); Ord. No. 2603, 2-19-80; Ord. No. 1747, 6-29-70; Code 1991, §160.035; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99) Sec. 161.17. District C-2, Thoroughfare 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 laces Unit 14 Hotel, motel, and amusement facilities Unit 15 Neighborhood shopping oods Unit 16 Shopping oods p Unit 17 Trades and services Unit 18 Gasoline service stations & drive-in restaurants Unit 19 Commercial recreation, small sites Unit 20 Commercial recreation, large sites Unit 33 Adult live entertainment dub or bar Unit 34 Liquor store (2) . Conditional uses. City-wide uses by conditional use penmt Unit 2 Unit 3 Public protection and utility facilities Unit 21 Warehousing and wholesale Unit 28 Center for collecting recyclable materials Unit 32 Sexually oriented business Unit 35 Outdoor music establishments Unit 36 Wireless communications facilities (C) Density. None. (D) Bulk and area regulations. None. (E) Setback regulations. Front 50 fL Side None Side, when contiguous to a residential district 15 ft. Rear 20 ft. (F) 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. ((3) Building area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of such lot. (Code 1965, App. A., Art. 5(VI); Ord. No. 1833, 11-1-71; Ord. No. 2351, 6-2-77; Ord. No. 2603, 2-19-80; Ord. No. 1747,6- 29-70; Code 1991, §160.036; Ord. No. 4034, §3,4,415-97; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99) • • CD161:14 TITLE XV. UNIFIED DEVELOPMENT CODE so Sec. 161.18. 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 12 Offices, studios, and related services Unit 13 Eating laces Unit 14 Hotel, motel, and amusement facilities Unit 15 Neighborhood shopping oods Unit 16 Shopping oods Unit 18 Gasoline service stations & drive-in restaurants Unit 19 Commercial recreation, small sites Unit 26 Multi -family dwellings Unit 34 Liquor stores (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 17 Trades and services Unit 28 Center for collecting recyclable materials Unit 35 Outdoor music establishments Unit 36 Wireless communications facilities (C) Density. None. (D) Bulk and area regulations. None (E) Setback regulations. Central Business Shopping nietriri Center Front 5 ft. 25 ft. Front, if parking is allowed between the right-of-way and 50 ft. 50 ft. the building Side None None Side, when contiguous to a residential district 10 ft 25 ft. Rear, without easement or alley 15ft 25 ft. Rear, from center line of a publicalley 10 ft 10 ft. (Code 1965, App. A., Art 5(VII); Ord. No. 2351, 6-21-7T Ord. No. 2603, 2-19-80; Ord. No. 1747,6-29-70; Code 1991, §160.037; Ord. No. 4100, §2 (Ex A), 6-16-98; Ord. No. 4178,8-31-99) Sec. 161.19. 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 provides a wide range of retail, financial, professional office, and governmental office uses. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by ht Unit 4 - Cultural and recreational facilities Unit 5 Government facilities Unit 12 Offices, studios and related services Unit 13 Eating laces Unit14 Hotel, motel, and amusement facilities Unit 15 Neighborhood shopping oods Unit 16 Shopping oods Unit 19 Commercial recreation, small sites Unit 25 Professional offices Unit 34 Liquor stores (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 17 Trades and services Unit 18 Gasoline service station & drive-in restaurants Unit 26 Multi -family dwellings Unit 28 Center for collecting recyclable materials Unit 35 Outdoor music establishments Unit 36 Wireless communications facilities (C) Density. None. (D) Bulk and area regulations. None. (E) Setback regulations. Front. 51L Front, if a sidewalk is in existence or to be provided None Side None Side, when contiguous to a residential district 10 ft. Rear, without easement or alley None Rear, from center line of an easement or alley 8 ft. (Code 1965, App. A., Art. 5(V1I(a)); Ord. No. 2148, 10-7-75; Ord. No. 2351, 6-21-77; OM. No. 2362, 8-2-77; Ord. 1747, 6-29-70; Code 1991, §160.038; Ord. No. 4100, §2 (Ex. A), 6- 16-98; Ord. No. 4178, 8-31-99) CD161:15 • Fayetteville Code of Ordinances • Sec. 161.0. 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 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 1 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 facilities Unit 13 Eating laces Unit 17 Trades and services Unit 18 Gasoline service stations & 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) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 19 Commercial recreation, small sites Unit 20 Commercial recreation, large sites Unit 28 Center for collecting recyclable materials Unit 36 Wireless communications facilities (C) Density. None. (D) Bulk and area regulations. None. (E) Setback regulations. Front, when adjoining A or R districts Soft Front, when adjoining C, I, or P districts 2511 Side, when adjoining A or R districts Soft Side, when adjoining C, I, or P districts loft Rear, when adjoining C, I, or P districts 10 ft. (F) 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. (G) Building area. None. (Code 1965, App. A., Art. 5(VIII); Ord. No. 2351, 6-2-77; Ord. No. 2430, 3-21-78; Ord. No. 2516, 4-3-79; Ord. No. 1747, 6- 29-70; Code 1991, §160.039; Ord. No. 4100, §2 (Ex. A), 6- 16-98; Ord. No. 4178,8-31-99) 0 CD161:16 •TITLE XV. UNIFIED DEVELOPMENT CODES Sec. 161.21. District 1-2, General Industrial. . (A) Purpose. The General Industrial District is designed to provide areas for manufacturing and industrial activities which may give rise to substantial environment nuisances, which are objectionable to residential and business use. (B) Uses. (1) Permitted uses. 0 Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 6 Agriculture Unit 7 Animal husbandy Unit 12 Offices, studios and related services Unit 18 Gasoline service stations & drive-in restaurants Unit 20 Commercial recreation, lame sites Unit 21 Warehousing and wholesale Unit 22 Manufacturing Unit 23 Heavy industrial Unit 28 Center for collecting recyclable materials (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 31 Facilities emitting odors and facilities handling explosives. Unit 36 Wireless communications facilities (C) Density. None. (D) Bulk and area regulations. None. (E) Setback regulations. Front, when adjoining A R districts or 100 R Front, when P districts adjoining C, I or Soft. Side, when districts adjoining A or R Soft. Side, when P districts adjoining C, I or 25ft. Rear 25 R (F) Height regulations. There shall be no maximum height limits in 1-2 Districts, provided, however, that any building which exceeds the height of 25 feet shall be setback from any boundary line of any residential district a distance of one foot for each foot of height in excess of 25 feet. (G) Building area. None. (Code 1965, App. A., Art 5(IX); Ord. No. 2351, 6.21-77; Ord. No. 2516, 4-3-79; Ord. No. 1747, 6-29-70; Code 1991, §160.040; Ord. No. 3971, §2, 5-21-96; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99) Sec. 161.22. 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 1 City-wide uses by right Unit 4 Cultural and recreational facilities (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit3 Public protection and utility facilities Unit 26 Multi -family dwellings Unit 36 Wireless communications facilities (C) Density. None. (D) Bulk and area regulations. None. (E) Setback regulations. Front 30 R Front, if parking is allowed between the right- of-wa and the buildin 50R Side 20 ft. Side, when contiguous to a residential district 25 ft. Rear 25 R Rear, from center line of public alley 10 ft. (F) Height regulations. There shall be no maximum height limits in P-1 Districts, 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. (G) Building area. On any lot the area occupied by all buildings shall not exceed 60 % of the total area of such lot. (Code 1965, App. A., Art. 5(XI); Ord. No. 2603; Ord. No. 2603, 2-19-80; Ord. No. 2621, 41-80; Ord. No. 1747, 6-29- 70; Code 1991, §160.042; Ord. No. 4100, §2 (Ex. A), 6-16- 98; Ord. No. 4178, 8-31-99) CD161:17 Fayetteville Code of Ordinances • Sec. 161.23. District E-1, Extraction. (A) Purpose. The Extraction District is designed to provide areas for the commercial removal of natural accumulations of sand, day, 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 uses.__ Unit 1 - — -City-wide uses by right Unit 30 Extractive uses (2) Conditional uses. Unit 2 I City-wide uses by conditional use permit II (C) Density. None. (D) Bulk and area regulations. (1) Lot width minimum. Lot width minimum The proposed development shall have at least 200 feet of frontage on --- a state road or other adequate means of access compatible with sound land use lannin rind les. (2) Lot area minimum. Lot area minimum I 10 acres (E) Setback regulations. From all property lines (including street frontage) 200 ft when contiguous to all R districts From all property lines (including street frontage) 100 ft. when contiguous to P, A, C, and I districts (Code 1991, No. 4100, §2 (Ex. A), 6-16-98,0 No. 418, 8-31-99)Ord. Sec. 161.24. Design Overlay District (1-540 Highway Corridor). (A) Purpose. The purpose of establishing a Design Overlay District for the 1-540 Highway Corridor is as follows: (1) To protect and enhance the distinctive scenic quality of the 1-540 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 1-540 Highway Corridor. (B) Overlay District boundaries. The Overlay District encompasses all lands lying within 660 feet of each side of the_right-of-way of 1-540 from the intersection of 1-540 and State Highway 471 (a/k/a 71 B) 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 1-540 to State Highway 471 (a/k/a North College) and all future extensions of 1-540 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 Division. (C) Application of Overlay Distfid: Regulations and standards. The regulations and standards contained herein shall apply to all nonresidential properties, (including, but not limited to new 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 District conflict, the Overlay District regulations and standards shall control. (D) Nonresidential site design and development standards. 0 9 ED CD161:18 •TITLE XV. UNIFIED DEVELOPMENT CODE• • I• Ir (1) Greenspace. A minimum of 25 feet of landscaped greenspace 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 greenspace and shall be screened when abutting a required greenspace area. Trees shall be planted at the interval of one tree per 30 linear feet of greenspace area when practicable. (2) Signage. (a) Nonresidential free-standing signs. (i) Each separate nonresidential lot will be allowed a single ground - mounted (monument) sign located on the building site. In the case of lots with double frontage, two ground -mounted (monument) signs shall be allowed. (ii) The sign shall be a maximum of six feet high; 75 square feet in area, and setback a minimum of 10 feet from the property line. 75 Square Feet Ma�dmum . Minimum (b) Wall 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 provisions 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. (3) Curb cuts. One curb 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 2 250' from Intersection (4) 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. (5) Exterior appearance. All structures shall be architecturally designed to have front facades faring all street and highway right- of-way. An elevation drawing shall be submitted for each side of the building that faces a street or highway. CD161:19 • Fayetteville Code of Ordinances (6) 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. (7) Site coverage. Twenty-five percent (25%) of the site shall be left in open space. Eighty percent (80%) of the open space shall be landscaped which may include ponds and fountains. (8) Optional fencing. All fencing shall be constructed of wood, masonry, or natural looking materials. No optional fencing shall be located within the greenspace required by Section (D)(1). 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 obscuring fencing, and the view obscuring fencing shall be at least the . height of the metal fencing: I Perking Lot Fenclno ,t swear — (9) Outdoor storage of material and equipment. All outdoor storage of material and equipment shall be screened with natural vegetation. (10) 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. (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). Bike Iic lus Stop sioewal Multi -modal Access (Pedestrian Sidewalk ci Trail Commercial (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. • CD161 :20 TITLE XV. UNIFIED DEVELOPMENT CODE • (G) Exemptions. Sec. 161.25 Planned Zoning District . (1) Undeveloped or partially developed lots in (A) Purpose. The intent of the Planned Zoning nonresidential subdivisions lying within the District is to permit and encourage Design Overlay District. for 1-540 Highway comprehensively planned developments whose Condor which have received preliminary or purpose is redevelopment, economic final approval as nonresidential subdivision development, cultural enrichment or to provide a prior to June 28, 1994, are hereby exempt single -purpose or mixed -use planned from compliance with Ordinance No. 3806 development and to permit the combination of (§161.21). development and zoning review into a simultaneous process. The rezoning of property (2) Owners of lots within nonresidential to the_.PZD1nay_be deemed appropriate if the• subdivisions= =which "obtained preliminary or development p ry p proposed , for •the district can final approval as nonresidential subdivisions accomplish one or more of the following goals. prior to June 28, 1994, and not included in the specifically exempted properties may (1) Flexibility. Providing for flexibility in the apply for an exemption to the Fayetteville distribution of land uses, in the density of Zoning and Development Administrator. The development and in other matters typically Zoning and Development Administrator shall regulated in zoning districts. respond to the application in writing within 10 working days of the receipt of the (2) Compatibility. Providing for compatibility with application. the surrounding land uses. (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 conforming 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. 38-06, 6-28-94; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4128, §t; 12-15-98) Cross reference(s)-Appeals, Ch. 155; Variances, Ch. (3) Harmony. Providing for an orderly and creative arrangement of land uses that are harmonious and beneficial to the community. (4). Variety. Providing for a variety of housing types, employment opportunities or commercial or industrial services, or any combination thereof, to achieve variety and integration of economic and redevelopment opportunities. (5) No negative impact. Does not have a negative effect upon the future development of the area; (6) Coordination. Permit coordination and planning of the land surrounding the PZD and cooperation between the city and private developers in the urbanization of new lands and in the renewal of existing deteriorating areas. (7) Open space. Provision of more usable and suitably located open space, recreation areas and other common facilities that would not . otherwise be required under conventional land development regulations. (8) Natural features. Maximum enhancement and minimal disruption of existing natural features and amenities. (9) General Plan. Comprehensive and innovative planning and design of mixed use yet harmonious developments consistent with the guiding policies of the General Plan. CD161:21 Fayetteville Code of Ordinances • (10) Special Features. Better utilization of sites characterized by special features of geographic location, topography, size or shape. (B) Rezoning. Property may be rezoned to the Planned Zoning District by the City Council in accordance with the requirements of this chapter and Chapter 166, Development. Each rezoning parcel shall be described as a separate district, with distinct boundaries and specific design and development . standards. Each district shall be assigned a project number or label, along with the designation "PZD*. The rezoning shall include the adoption of a specific master,. development plan and development standards. (C) R - PZD, Residential Planned Zoning District. (1) Purpose and intent. The R-PZD is intended to accommodate mixed -use or clustered residential developments and to accommodate single -use residential • developments that are determined to be more appropriate for a PZD application than a general residential rezone. The legislative purposes, intent, and application of this district include, but are not limited to, the following: (a) To encourage a variety and flexibility in • land development and land use for predominately residential areas, consistent with the city's General Plan and the orderly development of the city. (b) To provide a framework within which an effective relationship of different land uses and activities within a single development, or when considered with abutting parcels of land, can be planned on a total basis. (c) To provide a harmonious relationship with the surrounding development, minimizing such influences as land use incompatibilities, heavy traffic and congestion, and excessive demands on planned and existing public facilities. (d) To provide a means of developing areas with special physical features to enhance natural beauty and other attributes. (e) To encourage the efficient use of those public facilities required in connection with new residential development. (2) Permitted uses. Unit 1 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 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 . Three-family dwellings Unit 12 Offices, studios and related services Unit 13 Eating places Unit 15 Neighborhood shopping Unit 19 Commercial recreation, small sites Unit 24 Home occupations Unit 25 Professional offices Unit 26 Multi -family dwellings (3) Condition. In no instance shall the residential use area be less than fifty-one percent (51%) of the gross floor area within the development. • CD161:22 a ITLE XV. UNIFIED DEVELOPMENT CODE• (D) C-PZD, Commercial Planned Zoning District I • (1) Purpose and intent. The C-PZD is intended to accommodate mixed -use developments containing any combination, including multiple combinations of commercial, office or residential uses in a carefully planned configuration in such a manner as to protect and enhance the availability of each independent use. The C-PZD is also intended to accommodate single use commercial developments that are determined to be more appropriate for a PZD application than a• general commercial rezone. The legislative purposes, intent and application of this district include, but are not limited to, the following: (a) To encourage the clustering of commercial and office activities within areas specifically designated to accommodate such uses and to discourage the proliferation of commercial uses along major thoroughfares and noncommercial areas: (b) To provide for orderly development in order to minimize adverse impact on surrounding areas and on the general flow of traffic. (c) To encourage orderly and systematic commercial, office or mixed use development design or a combination thereof, providing for the rational placement of activities, vehicular and pedestrian circulation, access and egress, loading, landscaping and buffering strips. (d) To encourage commercial development which is consistent with the city's General Plan. (e) To accommodate larger scale suburban developments of mixed -uses in a harmonious relationship. (2) Permitted Uses. Unit 1 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 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 12 Offices, studios and related services Unit 13 Eating laces Unit 14 -Hotel, motel and amusement facilities Unit 15 Neighborhood shopping Unit 16 Shopping oods Unit 17 Trades and services Unit 18 Gasoline service stations and drive-in restaurants Unit 19 Commercial recreation, small sites Unit 20 Commercial recreation, large sites Unit 21 Warehousing and wholesale Unit 24 Home occupations Unit 25 Professional offices Unit 26 Multi -family dwellings Unit 29 Dance halls (3) Conditions. (a) In no instance shall the commercial or office use area be less than fifty-one percent (51%) of the gross leasable floor area within the development. (b) Residential uses must be appropriate to the design of the project. (c) Warehousing and light industrial uses shall have a gross area per use that does not exceed five thousand (5,000) square feet and at least twenty percent (20%) of the floor area used for retail sales. CD161:23 • Fayetteville Code of Ordinances 9 (E) I-PZD Industrial Planned Zoning District. (1) Purpose and intent The I-PZD is intended to accommodate industrial parks and single use industrial developments that are determined to be more appropriate for a PZD application than a general industrial rezone. The legislative purpose, intent and application of this district include, but are not limited to, the following: (a) To provide for manufacturing activities in a manner compatible with the surrounding area. (b) To encourage the application of sound planning and design principles in the orderly development of industrial activities. (c) To maximize manufacturing potential without adversely affecting the living environment of the community. (d) To encourage industrial development that is consistent with the city's General Plan. (2) Permitted Uses. Unit 1 City-wide uses by right Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 12 Offices studios and related services Unit 13 Eating laces Unit 14 Hotel, motel and amusement facilities Unit 15 Neighborhood shopping oods Unit 16 Shopping oods Unit 17 Trades and services Unit 18 Gasoline service stations and drive-in restaurants Unit 20 —Commercial recreation, large sites Unit 21 -Warehousing nd wholesale Unit 22 Manufacturing Unit 23 Heavy industrial Unit 25 Professional offices Unit 26 Multi -family dwellings Unit 27 Wholesale bulk petroleum storage facilities with underground storage tanks Unit 28 Center for collecting recyclable materials Unit 31 Facilities emitting odors and facilities handling explosives (3) Conditions. (b) Ancillary commercial and office uses shall be compatible with the design and scale of the project (c) Residential uses must be appropriate to the scope and character of the development. (F) Bulk and area regulations. (1) Residential density. Residential densities shall be determined on the basis of the following considerations: (a) The densities of surrounding development; (b) the densities allowed under the current zoning; (c) the urban development goals and other policies of the city's General Plan; (d) the topography and character of the natural environment; and (e) the impact of a given density on the specific site and adjacent properties. (2) Lot area and yard requirements. Taking into consideration the unique aspects of each project, preliminary development plans for Planned Zoning Districts shall conform as closely as possible to the existing standards for lot area minimums and setback requirements under this chapter. (3) Building height. There shall be no maximum building height except as may be determined by the Planning Commission during the review of the preliminary development plan based on the uses within the development and the proximity of the development to existing or prospective development on adjacent properties. A lesser height may be established by the Planning Commission when it is deemed necessary to provide adequate light and air to adjacent property and to protect the visual quality of the community. Building area. The Planning Commission shall review specific proposed lot coverages which generally correspond to the guidelines for lot coverage in the respective residential, office, commercial or industrial district which most depicts said development scheme. (a) In no instance shall the industrial use (Ord. No. 4434, §1 (Ex. A), 11-19-02) area be less than fifty-one percent , (51%) of the gross leasable floor area Secs. 161.25.-161.99. Reserved. within the development. CD161:24 • • • TITLE XV. UNIFIED DEVELOPMENT CODE • • CD161:25 • TITLE XV. UNIFIED DEVELOPMENT CODE • Chapter 162. Use Units. Sec. 162.01. Establishment/listing. Sec. 162.02. Interpretation. Sec. 162.03. Conditions of use. Sec. 162.04. Enclosure of uses. Sees. 162.05.-162.99. Reserved. • CD162:1 • Fayetteville Code of Ordinances • 0 CD162:2 TITLE XV. UNIFIED DEVELOPMENT CODE• CHAPTER 162. USE UNITS. • • • Sec. 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. The asterisk (7 next to a specific use indicates that the use has special conditions as required by Chapter 163, Use Conditions and Chapter 164 Supplemental Regulations. Unit I City-wide uses by ht 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 husbandryUnit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 11 Manufactured home ark Unit 12 Offices, studios and related services Unit 13 Eating laces Unit 14 Hotel, motel and amusement facilities Unit 15 Neighborhood shopping oods Unit 16 Shopping oods Unit 17 Trades and services Unit 18 Gasoline service stations & drive-in restaurants Unit 19 Commercial recreation, small sites Unit 20 Commercial recreation, large sites Unit 21 Warehousing and wholesale Unit 22 Manufacturing Unit 23 Heavy industrial Unit 24 Home occupation Unit 25 Professional offices Unit 26 Multi -family dwellings Unit 27 Wholesale bulk petroleum storage facilities with unde round story a tanks Unit 28 Center for collecting recyclable materials Unit 29 Dance halls Unit 30 Extractive uses Unit 31 Facilities emitting odors & facilities handling explosives Unit 32 Sexually oriented business Unit 33 Adult live entertainment club or bar Unit 34 Liquor stores Unit 35 Outdoor music establishments Unit 36 Wireless communications facilities Unit 37 Manufactured homes (A) Unit 1. City-wide uses by right. (1) Description. Unit 1 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 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 General Plan. Agricultural, forestry, and •Field crop farms fishery: •Fishery •Forest 'Fruit, tree, and vegetable farm Essential services located in •Fire alarm box public right-of-way: •Fire hydrant •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_right-of-way Recreation and related use: 'Arboretum •Historical marker •Park area 'Parkway 'Wildlife Water facilities: _preserve 'Reservoir. open 'Watershed Conservation or flood control project CD162:3 SFayetteville Code of Ordinances • (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 •RV sewage disposal facility •Solid waste disposal facility •Water recreation area Temporary facilities: •Carnival, circus, and tent revival' Construction facility •Real estate sales office (located at a specific location in an underdeveloped subdivision and operated for the purpose of developing said subdivision) •Sanita landfillarea (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 uses; (b) Have requirements for specific locations or are needed to serve residential neighborhood or local areas; and (c) Are, therefore, permitted only on review. (2) Included uses. Corporations: •Pressure control station •Transmission station for tower, radio, telegraph, facilities: T •Fire protection •Police protection •Public utility maintenance building, warehouse, or storage building •Water pipeline rights -of - way, sewer or water treatment plant, water Railroad rights -of -way I transmission line • • CD162:4 TITLE XV. UNIFIED DEVELOPMENT CODE I. I. I* (D) Unit 4. Cultural and recreational facilities. (1) Description. Unit 4 consists of cultural and recreational uses to serve the residents of the community. (2) Included uses. Auditorium; stadium Art gallery, museum Cemetery Child care center, nursery school Church College or university Community center Crematorium Detention home Dormitory Eldercare Hospital Mausoleum Playfield, playground Private dub or lodge School: ,•Elementary •Junior High •Senior Hi h Swimming pool Tennis court Theater (legitimate) Zoo Cross-reference(s)—Parking and Loading, Ch. 172. (E) Unit 5. Government facilities. (1) Description. Unit 5 consists of the main facilities of government agencies. (2) Included uses. City or countyjail 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, .a residential district. (2) Included uses. Agricultural uses Farm: 'Egg and 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 (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 trainin Farms with livestock Kennel Livestock services: •Animal hospitals •Shipping of livestock •Training of horses •Veterinarian's treatment areas Recreational uses: •Guest ranch •Riding stable •Rifle range •Rodeo ground CD162:5 Fayetteville Code of Ordinances • (H) Unit 8. Single-family dwellings. (1) Description. Unit 8 is provided in order that single-family dwellings may be located in appropriate residential areas. (2) Included uses. II Single-family dwellings Ii (I) Unit 9. Two-family dwellings. (1) Description. Unit 9 is provided in order that two family attached dwellings may be located in appropriate residential areas. (2) Included uses. Duplexes Townhouse dwellings, no more than two attached units Two-family dwellings (J) Unit 10. Three-family dwellings. (1) Description. Unit 10 is provided in order that three-family attached dwellings may be located in appropriate residential areas. (2) Included use. Townhouse development, no more than three attached units Three-family dwellings Tri-plexes (K) Unit 11. Manufactured home park. (1) Description. Unit 11 consists of a separate use of manufactured home parks in order that they may be located in appropriate residential areas. (2) Included uses. II Manufactured home park Cross reference(s)—Use Conditions, Ch. 163; Manufactured homes and Manufactured home Parks, Ch. 175. (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 Computing service Data processing service Drafting service Dental clinic Financial institution Funeral home Medical clinic Office buildings Social and welfare agencies Sale of supplies and •Architects and artists equipment: supplies •Business machines •Dental supplies •Medical and optical supplies •Office_furnishings 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 that eating places, excluding drive-ins and those that provide dancing and entertainment, can be located as needed without necessarily introducing other commercial uses. (2) Included uses. Eating places, other than drive-ins, which do not provide dancing or entertainment Restaurants Caf�'s • • CD162:6 TITLE XV. UNIFIED DEVELOPMENT CODE• (N) Unit 14. Hotel, motel, and amusement facilities. (O) Unit 15. Neighborhood shopping goods. • (1) Description. Unit 14 consists of hotels, motels, and certain types of amusement facilities. (2) Included uses. Hotel Membership lodge Motel Motion picture theater Night club, not providing dancing or outdoor music Tavern, not providing dancing or outdoor music • • (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) Included uses. Retail Trade Apparel and accesso Bicycle shop Bookstores Camera shop Cellular telephones and accessories Clothing Drugstore Florists Food: •Bakery -Food specialty stores -Dairy products 'Grocery -Supermarkets •Delicatessen •Health food store Home furniture store Jewelry Hardware store Hobby shop Laundry -coin operated Leather goods and luggage News and magazine stand Optical goods Pet shop Picture framing, retail Radio and television store Record, tape, and cd shop Service establishment •Dry cleaning -Barber and beauty shop (6 or fewer chairs) -Laundry Shoe Sporting goods Stationary store Tailoring Toy shop Video rental store CD162:7 • Fayetteville Code of Ordinances • (P) Unit 16. Shopping goods. (1) Description. Unit 16 consists of stores selling retail goods which are ordinarily purchased less frequently and often have a community -wide or regional market. (2) Included uses. Retail trade establishments: •Fur apparel 'Millinery Automotive, marine craft 'Auto accessory store establishment: 'Boat and accessory store •Dry goods Garden supply General Merchandise: •Department store • •Mail order 'Trading stamp redemption store Home furniture: -'Appliances -. 'China, glassware •Draperies, curtains 'Floor coverings •Furniture 'Music instruments Personal services: •Auto rental agency office •Barber and beauty shops (with more than 6 chairs) 'Costume rental service •Detective service .- -,Gunsmith - *interior decorating •Locksmith •OpticianlOptometri$t 'Photo finishing •Photographic studio •Picture framing •Reading rooms 'Sign painting 'Watch and jewelry repair ,Weight loss center Transportation service: 'Bus station 'Express service •Helistop •Railway terminal 'Taxicab station (Q) Unit 17. Trades and services. (1) Description. Unit 17 consists of establish- ments 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. (2) Included uses. Retail trade establishments, •Automotive sales, service general: _ and repair, including body shop * 'Buses •Manufactured home sales 'Motorcycle sales, including - service and repair •Truck sales, including service and repair • 'Trailer sales, camping, hauling, travel 'Used car lots 'Farm supplies and equipment and repair General merchandise •Direct selling establishment: Merchandise vending machine operations Institutional furniture and furnishings Marine craft, sales & •Boats and accessories service: Medical and orthopedic appliances Personal help: 'Animal hospital 'Auctioneer 'Bindery 'Body piercing •Cabinetmaker 'Frozen food locker 'Drapery service 'Linen supply and industrial laundry 'Packing and crating 'Rug cleaning 'Tattoo services 'Taxidermist •Tool sharpening repair service •Armature rewinding 'Auto wash •Electrical repair service 'Furniture repair 'Motor repair •Radio and television repair sReupholstery 'Rug repair • • • CD162:8 TITLE XV. UNIFIED DEVELOPMENT CODE• 0 S 0 (R) Unit 18. Gasoline service stations 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, small sites. (1) Description. Unit 19 consists of commercial amusements which ordinarily do not require large sites and often seek location in or near developed commercial areas. (2) Included uses. Billiard and pool pallor Bowling alley Slot car track Skating rink Video arcade Indoor theater Cross reference(s)—Parking and Loading. Ch. 172. Cr) 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 this 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 Goff range, golf course Miniature golf Race track (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. establishments: •Building materials •Electrical supply •Glass 'Heating equipment .Lumber •Paint •Plumbing supplies •Wallpaper Fuel and iceestablishments: 'Bottled gas •Fuel dealer •Fuel oil Monument, Building service exterminating service •Janitorial service 'Window cleaning ser Service establishments: 'Air conditioning Contract construction •Building construction service 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 CD162:9 • Fayetteville Code of Ordinances • (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 products: •Cutlery engraving 'Fire control equipment •Guns and related equipment 'Machinery 'Tanks 'Transportation equipment, including including_body shops Fabricated structural 'Air conditioning and cooling products: 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. (2) Included uses. Manufacturing uses: fabricated metal products •Primary metal industries •Textile mill products Processing and sales: •Auto salvage 'Junk yards 'Scrap metal 'Refuse Repair service 'Tirecapping Wrecking and demolition services Apparel products: 'Industrial leather belting Clay roducts Food and allied products Furniture and allied products Glass products Lumber and wood products: •Millware products •Plywood products 'Prefabricated structural wood •Veneer products 'Wooden container Paper and allied products: •Paperboard containers Petroleum and related Coal yard industries: 'Lubricating oils and greases Primary metal industry: 'Foundry Stone products Housing for caretakers CD162:10 TITLE XV. UNIFIED DEVELOPMENT CODE • 0 0 (X) Unit 24. Home occupation. (1) Description. Unit 24 consists of businesses for which financial compensation is received, conducted in a dwelling unit, and generates motor vehicle traffic to the dwelling unit. Only those residing in the dwelling unit are employed by the home occupation. (2) Included uses. Home child care, no more than six children Instructional services: Art -------._-- Crafts Dance Music Tutoring Professional services: Architects Insurance agents Lawyers Real estate agents Accountants Editors Publishers Graphic designers Travel agents Repair services: Clocks and watches Computers Electronic devices Lawnmowers Small appliances Small engines (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 (Z) Unit 26. Multi -family dwellings. • (1) Description. Unit 26 is provided. in order that multi -family dwellings and more than three attached units may be located in appropriate residential areas. (2) Included areas. Apartments Convalescent home Dormitory .Fratemi /Soro' houses Multi -family attached dwellings . Rooming/boardingRooming/boarding house Townhouse, more than three attached units (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 II (CC) Unit 29. Dance halls. (1) Description. Unit 29 is provided in order that establishments that provide areas for dancing may be located in an appropriate environment and as not to negatively impact adjacent properties. (2) Included uses. Bars providing area for dancing Dance halls Restaurants providing area for dancing Taverns providing area for dancing CD162:11 • Fayetteville Code of Ordinances • (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 sift •Rock and gravel •Other minerals •Petroleum extraction •Natural gas extraction Other. •Rock crushing •Sorting and washing of earth products (EE) Unit 31. Facilities emitting odors and facilities handling explosives. * (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 and Uses: allied products Food and kindred •Animal fats and products: oils rendering •Beverages distilling •Meat slaughter- ing and aging in Paper and allied products Rubber and plastic products Processing and Explosives sales: Wholesale and Livestock warehousing: stockyards Explosive materials Apparel products: Leather tanning Chemical and Any process Ikely allied products: to emit odor or have the potential for explosion Paper and allied Building paper •Paper products: and board Petroleum and Bulk station and related industries: terminal Rubber and Inner tubes miscellaneous Tires plasticproducts: (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 (GG) Unit 33. Adult live entertainment club or bar. (1) Description. Unit 33 includes fixed places of business selling or dispensing alcoholic beverages including private dubs which emphasize and seek through one or more dancers to arouse or excite the patron's 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 Gentlemen's dub or bar (HH Unit 34. Liquor Stores. (1) Description. Unit 34 includes fixed places of business licensed by the Arkansas Alcoholic Beverage Control Board to sell alcoholic beverages for off -premise consumption. Included uses. Liquor Stores' 0 • 0 CD162:12 TITLE XV. UNIFIED DEVELOPMENT CODE (II). Unit 35. Outdoor music establishments.' Sec. 162:02. Interpretation. . (1) Description. Unit 35 includes any business (A) In each use unit division, permitted uses are set or establishment that has a garden, patio, forth in the division entitled "Included uses." In rooftop or premises not wholly enclosed by the event of a conflict between such divisions and solid walls and fully roofed in which amplified the "description" divisions, the former shall or loud music is played that could be audible prevail. at nearby residences or businesses. (B) In any case where there is a question as to (2) Included uses. whether or not a particular use is included in a particular use unit, the Zoning and Development Outdooc ---Administrator shall decide. A use shall not be interpreted as being in any use unit if it is specifically listed in another unit in this chapter. (Code 1965, App. A., Art. 6(B); Ord. No. 1747, 6.29-70; Ord. (JJ) Unit 36. Wireless Telecommunications Facilities. No. 2181, 1.6-76; Code 1991, §160.056; Ord. No. 4100, §2 (Ex. A), 6-16-98) (1) Description. A. land use facility that transmits and/or receives electromagnetic signals for the purpose of transmitting analog or digital voice or data communications. ' (2) Included uses. Wireless telecommunications facilities Antennas Accessory buildings Accessory development Cellular towers Horns Microwave dishes Monopoles (KK) Unit 37. Manufactured Homes. (1) Description. Unit 37 is provided in order that manufactured homes may be located in appropriate residential areas. (2) Included uses. Manufactured homes' (Code 1965, App. A., Art. 6(A), (F); Ord. No. 329, 10-1-85; Ord. No. 3165, 2-4-86; Ord. No. 3341, 3-15-88; Ord. No. 1747, 6-29-70; Code 1991, §§118.01, 160.055; Ord. No. 3546, 4-19-91; Ord. No. 3792, §§2, 3, 5.17-94; Ord. No. 3870, §1 (Ex A), 2-21-95; Ord. No. 3909, §1, 7-18-95; Ord. No. 3971, §§3, 4, 5-21-96; Ord. No. 4024, §3, 3-18-97; Ord. No. 4034, §§1, 2,4-15-97; Ord. No. 4100, §2 (Ex A), 6-16- 98; Ord. No. 4376, §5 (Ex. E), §6 (Ex F), 3-5-02; Ord. No. 4423, §1 (Ex. A), 10-02-02) Cross reference(s)— Use Conditions, Ch. 163; Supplementary District Regulations, Ch. 164. Sec. 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 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 1965, App. A., Art. 6 (C); Ord. No. 1747, 6-29-70; Code 1991, §160.057; Ord. No. 4034, §6,4-14-97; Ord. No. 4100, §2 (Ex A) 6-16-98) Sec. 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 1965, App. A., AR 6 (E); Ord. No. 1747, 6-29-70; Code 1991, §160.059; Ord. No. 4100, §2 (Ex. A), 6.16-98) Secs. 162.05.-162.99. Reserved. CD162:13 SFayetteville Code of Ordinances S •i CD162:14 TITLE XV. UNIFIED DEVELOPMENT CODE Chapter 163. Use Conditions. Sec. 163.01. Listing. Sec. 163.02. Authority; conditions/procedures. Sec. 163.03. Bed and breakfast facilities. Sec. 163.04. Carnival, circus, or similar temporary open-air enterprises. Sec. 163.05. Child care; nursery school. Sec. 163.06. Dance halls. Sec. 163.07. Detached second dwelling units (granny units). Sec. 163.08. Facilities emitting odors and facilities handling explosives. Sec. 163.09. Home occupations. Sec. 163.10. Manufactured homes. Sec. 163.11. Outdoor music establishments. Sec. 163.12. Sexually oriented businesses. Sec. 163.13. Tandem lot development. Sec. 163.14. Wireless communications facilities. Secs. 163.15.-163.99. Reserved. • • CD163:1 • Fayetteville Code of Ordinances • • • CD163:2 i • TITLE XV. UNIFIED DEVELOPMENT CODE CHAPTER 163. USE CONDITIONS. Sec. 163.01. Listing. The use conditions set forth in, (4) Deny a conditional use when not in harmony this chapter are the following: with the purpose and intent of this chapter. Bed and breakfast facilities Carnival, dress, amusement park or similar temporary open-air enterprise Child care, nursery school Dance halls Detached second dwelling units(granny units) Facilities emitting odors and facilities handling explosives Home occupations Manufactured homes Outdoor music establishments Sexually oriented businesses Tandem lot development Wireless communications facilities (Code 1965, App. A., Art. 7; Ord. No. 1747, 6-29-70; Code 1991, §160.075; Ord. No. 3887, §1, 4-18-95; Ord. No. 3892, §1, 5-16-95; Ord. No. 4100, §2 (Ex. A), 7-16-98; Ord. No. 4409, 8-6-02) Sec 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 (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; (b) That the granting of the conditional use will not adversely affect the public interest; and, (c) The Planning Commission shall certify: (i) Compliance with the specific rules governing individual conditional uses; and (ii) That satisfactory 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 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; CD163:3 0 • Fayetteville Code of Ordinances c. Refuse and service areas, with of a conditional use permit as described in particular reference to ingress §163.02 are received by the Planning Division and egress, and off-street from neighborhood residents, the Planning parking and loading; Division may issue a renewal certificate of occupancy annually, subject to the inspection d. Utilities, with reference. to requirements of subsection (G) below. If such locations, availability, and complaints are received, the owner or operator of compatibility; the bed and breakfast facility must apply to the Planning Commission for a new conditional use. e. Screening and buffering with reference to type, dimensions, (B) Lot size. Where a new structure is -constructed, and character, the lot on which the bed and breakfast facility is located must comply with the minimum lot size • f. Signs, if any, and proposed for the zoning district in which the property is exterior lighting with reference located. to glare, traffic safety, economic effect, and (C) Parking. One off-street parking space per guest compatibility and harmony with room shall be required; provided, the Planning properties in the district; Commission may allow the use of on -street parking to meet this. requirement upon a g. Required setbacis and other determination by the Planning Commission that open space; and traffic safety will not be impaired. The parking of motor vehicles may be stacked in a driveway with h. General compatibility with the owner of the bed and breakfast facility being adjacent properties and other responsible for the handling of ingress and property in the district. egress. (D) Approval/reconsideration. No application for a (D) Length of stay. The maximum length of stay of conditional use will be considered by the any one guest at a bed and breakfast facility shall Planning Commission within 12 months from the be 14 days. date of final disapproval of a proposed conditional use unless there is evidence of (E) Meals. The only meal which may be served at a • changed conditions or new circumstances which bed and breakfast facility shall be breakfast. justify reconsideration submitted to the Planning Only guests of the bed and breakfast facility may Commission. be served breakfast. (E) Expiration if discontinued. All existing conditional uses that are discontinued for more than one (1) year shall be rendered null and void, and shall not be reestablished without Planning Commission approval of a new conditional use permit. (Code No. 1965, App. A., Art. 9 (6); Ord. No. 17847, 6-29- 70; Ord. No. 2322, 4-5-77; Ord. No. 2538, 7-3-79; Code 1991, §160.195; Ord. No. 3925, §7, 10-3-95; Ord. No. 4100, §2 (Ex. A); Ord. No. 4431, §2, 11-05-02) Sec. 163.03. 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 Division and Building Safety Division before the facility begins operation. If no complaints regarding those times required to be considered by the Planning Commission prior to the issuance (F) Parties/receptions. No parties or receptions shall be allowed at a bed and breakfast facility. ((3) 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; Ord. No. 4100, §2 (Ex. A), 6-16-98) Sec. 163.04. Carnival, circus, amusement park 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. • CD163:4 TITLE XV. UNIFIED DEVELOPMENT CODE Iip 0 (B) Temporary use permit. All such enterprises shall Sec. 163.05. Child care: nursery school. All such obtain a temporary occupancy permit which shall establishments shall be located on lots which: be valid for not more than seven (7) days and shall not be granted for more than three (3) such (A) Minimum lot area. Contain a minimum lot area of periods for the same location within any 90 day 250 square feet per child. period. (B) Minimum outdoor play space. Provide a minimum (Code 1965, App. A., Art. 7 (6); Ord. No. 1747, 6-29-70; outdoor play space of 80 square feet per child, Code 1991, §160.081; Ord. No. 4100, §2 (Ex. A), 6-16-98) calculated on the basis of the number of children occupying the outdoor play space at one time. ___._(C)__Number of children. In an R-1 zone, a child care -- --facility may be approved as a conditional use of - no more than 10 children, or the number of children approved by the state's licensing board, whichever is fewer. (Code 1965, App. A., Art. 7 (7); Ord. No. 1747, 6-29-70; Ord. No. 2604, 2-19-80; Code 1991, §160.082; Ord. No. 4100, §2 (Ex. A); 6-16-98) Sec. 163.06. 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 Division 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; Ord. No. 4100, §2 (Ex. A), 6-16-98) CD163:5 • • Fayetteville Code of Ordinances Sec. 163.07. Detached second dwelling units (7) The detached second dwelling unit shall be (granny units). provided with parking in addition to and at the same ratio as that required for the main (A) Purpose. These regulations are intended to dwelling and shall be located to the rear of mitigate the potential adverse impacts associated the.main structure. Parking for the detached with detached second dwelling units within second dwelling unit shall be located within residential districts by requiring compatible size, the required setbacks. scale, massing, and appearance of the structures with regard to adjoining and surrounding (8) The detached second dwelling unit may be residential uses. Detached second dwelling units metered separately from the main dwelling are regulated in order to: for gas, electricity, and water/sewer services. The applicant is responsible for any (1) Enhance and regulate the appearance of associated cost of providing and/or detached second dwelling units within relocating utilities to the detached second residential districts, dwelling unit. (2) Protect adjoining properties from the adverse (9) Prior to issuance of a building permit for the impacts associated with detached second second detached dwelling unit, a deed dwelling units such as noise, appearance, restriction to run with the land shall be lighting, drainage, and effect on property recorded which specifies that the use of the values. detached second unit as an independent dwelling may continue only as long as one (3) Provide areas for off-street parking and unit on the property is owner occupied. storage of motor vehicles that will be appropriate in size, location, and scale within (10) The applicant for the conditional use permit residential areas. shall be the owner of the subject property. (4) Provide additional alternative affordable (11) This section shall not validate any existing housing within existing residential illegal detached second dwelling unit. An neighborhoods to serve a growing elderly, application for a conditional use permit may single occupant, and rental market. be made, to convert an illegal• detached second unit to a conforming legal detached (B) Detached second dwelling unittgranny house" second dwelling unit, and the standards and design and location standards. Detached second requirements for said conversion shall be the dwelling units shall require a conditional use same as for newly proposed detached permit and shall be constructed in the following second dwelling units. manner. (C) Conditions for approval. The following findings (1) No more than one detached second dwelling shall be made by the Planning Commission in unit shall be permitted on any parcel or lot, order to approve a conditional use permit for a detached second dwelling unit in addition to (2) A detached second dwelling unit may only those conditions found within §163.02. Before be permitted on a residential lot on which detached second dwelling units are allowed as a there is an existing one owner -occupied conditional use within residential zoning districts, single-family detached dwelling unit (main the Planning Commission or a subcommittee unit) subject to all setback requirements of shall review the design elements of the proposed the district, structure and site plan in relation to the adjacent and surrounding structures. The following (3) A detached second dwelling unit may not be elements shall be looked at in evaluating the permitted on residential lots already having design of the structure. two or more dwelling units. (1) Building massing (height and bulk of (4) The maximum building area (coverage) structures, type and angle of roof line) and required by the zone shall prevail, materials for the principal structure. (5) The total area of floor space for a detached (2) Building width to height ratio. second unit shall not exceed 1,200 square feet. (3) Location and design of landscaped and paved areas. (6) The detached second dwelling unit shall be architecturally compatible with the main (4) Location and use of setback areas. dwelling. CD163:6 TITLE XV. UNIFIED DEVELOPMENT CODE �J I* (5) Ratio of landscaped area to areas covered Sec. 163.08. Facilities emitting odors and facilities by impervious surfaces, handling explosives. Facilities emitting odors and facilities handling explosives shall be a conditional (6) Location, size, and type of projections use in the 1-2, General Industrial District subject to the (porches and roof lines). following conditions: (7) Major divisions or rhythms of the facade. (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.. (2) Elevation drawing 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; Ord. No. 4100, §2 (Ex. A), 6-16-98) (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 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 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. CD163:7 (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; Ord. No. 4100, §2 (Ex. A), 6-16-98) Fayetteville Code of Ordinances Sec. 163.09. Home occupations. In any dwelling unit in an A-1; RSF, RMF or R-0 District where home occupations are conditionally 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 all residential districts shall require a conditional use permit and 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 (3) square feet in area; provided no such sign shall be permitted in an RSF 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 RSF District shall be subject to the following additional regulations: (1) Term. No conditional use permit for a home occupation in any RSF 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 Zoning and Development Administrator shall have the authority to renew a conditional use permit for the same period as originally authorized, if the Zoning and Development Administrator has received no complaints or opposition from residents of the neighborhood in which the home occupation is located. The Zoning and Development Administrator 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 RSF 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 1965, App. A., Art. 7 (10); Ord. No. 1747, 6-29-70; Ord. No. 2486, 11-21-78; Ord. No. 2605, 2-19-80: Code 1991, §160.085; Ord. No. 3716, §3,6.15-93.05. No. 4100, §2 (Ex. A), 6-16-98) rj CD163:8 TITLE XV. UNIFIED DEVELOPMENT CODE Sec. 163.10. Manufactured and mobile homes, establishment does not terminate its outdoor music • for 12 'consecutive months or longer. All other (A) Manufactured home parks. Manufactured home outdoor music establishments shall not be allowed in parks shall be subject to the provisions of any zoning district, except C-1, C-2, C-3 and C-4, Manufactured homes and Manufactured home where they may be allowed as conditional uses Parks, Chapter 175, and• Development, Chapter subject to the following additional conditions: • 166 and shall require a conditional use permit in all RMF districts. (A) Site plan. A site plan showing the proposed • location and size of the outdoor music area; (1) Accessory commercial uses. In a location and direction of the speakers; noise manufactured home park there may be absorbing walls, structures or devices; proposed provided accessory commercial uses days and hours of operation of the outdoor music intended solely for the convenience of the area; and measures proposed to lessen or =residents of the development, provided that: eliminate any adverse affects upon nearby residences and businesses. (a) All such units are operated within an enclosed structure; (B) Planning Commission review. In addition to all • normal considerations for a conditional use, the — (b)--Thegross floor -area of such accessory Planning Commission may require noise uses shall not exceed 25 square feet for reducing measures and structures be each manufactured home space in the incorporated into an outdoor music area, may park; limit the size, power, number and direction of speakers, and may limit the hours of outdoor (c) No such structure shall be closer than music generation from the establishment. 100 feet to any property in an R or R -O • District outside the development; (C) Fayetteville noise ordinance violation. If the establishment or any band or any person (d) All accessory commercial uses shall be operating at such establishment is convicted of ---located- in a manner that -the-use is violating -the -Fayetteville noise ordinance (§96.06 surrounded by the manufactured home of the Code of Fayetteville), such violation may park and is not located on the outer constitute grounds for revocation of this • boundaries of said park. conditional use to operate an outdoor music establishment. (2) Dwelling units. No single-family, two-family, or multi -family dwelling unit may be erected (D) Fayetteville entertainment district. The City or placed upon any lot within a manufactured Council's policy is to encourage outdoor music home park unless said lot and dwelling establishments along Dickson Street from Block meets all requirements of the zoning Avenue to Arkansas Avenue and on West regulations for such a dwelling in the zoning Avenue from Spring Street to Lafayette Street as district where the manufactured home park is long as such establishments are reasonably located, compatible with adjoining neighborhoods. (B) Location of manufactured and mobile homes. (Ord. No. 4409, §2, 8-6-02) (1) Manufactured home parks/exceptions. Manufactured homes are permitted in manufactured home parks and in the R -A, Residential — Agricultural zoning district. (2) Mobile homes. Mobile homes are permitted in manufactured home parks. (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; Code 1991, §160.086; Ord. No. 4100, §2 (Ex. A), 6-16-98) Secs. 163.11. Outdoor music establishments. Outdoor music establishments operating during May or June of 2002 may continue to operate at the same location without this conditional use even if the ownership or name of the outdoor music establishment changes • in the future as long as the CD163:9 • Fayetteville Code of Ordinances Sec. 163.12. Sexually oriented business. Sec. 163.13. Tandem lot development. (A) Classification. Sexually oriented businesses are (A) Where allowed. Tandem, lot development shall classified as follows: be permitted for single-family dwellings only and shall be a conditional use in all districts where (1) Adult arcade; single-family dwellings are permitted. The (2) Adult bookstores and adult video stores; development of one tandem lot behind another (3) Adult cabarets; tandem lot shall be prohibited. (4) 'Adult motion picture theaters; and (5) Adult theaters. (B) Requirements. Before any conditional use for tandem lot development shall be granted, the (B) Conditional use. Sexually oriented businesses Planning Commission shall determine that: shall not be allowed in any zoning district except C-2 where they may be allowed as conditional (1) Tandem lot development will not significantly uses subject to the following: reduce property values in the neighborhood. In determining whether property values will (1) No sexually oriented business may be be significantly reduced, the Planning operated within 500 feet of: Commission shall consider the size of nearby lots in comparison with the proposed (a) A church; tandem lot or lots. (b) A public or private elementary, (2) The terrain of the area in which the tandem secondary, or post -secondary school, lot is proposed is such that subdivision of pre-school or child care facility; said area into a standard block in accordance with Development. Chapter 166 (c) A public park. is not feasible. (2) No sexually oriented business may be (3) The tandem lot will have access to a public operated: street by way of a private drive with a minimum width of 25 feet of equal and (a) Within 200 feet of a boundary of a uniform width. The tandem lot owner shall residential zone or any residential use; be responsible for maintaining said 25 -foot private drive so that sanitation and (b) Within 400 feet of a residential zone or emergency vehicles have safe access to the any residential use as measured by dwelling located on the lot. The tandem lot automobile travel distance from the exit owner shall have title to, or a perpetual of a sexually oriented business property private easement in, the private drive. If the to the property line or the residential private drive intersects a paved street, the zone or use; . private drive shall be paved for a minimum distance of 25 feet from said intersection. (3) No sexually oriented business may be operated within 1,000 feet of another (4) The safety zone between the private drive of sexually oriented business or within 200 feet a tandem lot and any adjacent driveway will of any room, building, premises, place or not be less than the minimum distance establishment that sells or dispenses alcohol between curb cuts in the standards for street or beer. design . of Development, Chapter 166, for streets having a use designation higher than (4) For the purpose of this subsection (1), collector, the standards for collector streets measurement shall be made in a straight shall apply. line, without regard to intervening structures or objects, from the nearest portion of the (5) The tandem lot, excluding the 25 -foot private building or structure used as part of the drive, will conform to the minimum lot width premises where sexually oriented business and lot area requirements of the zoning is conducted, to the nearest property line of district in which it is located. Lot area the premises of a church or public or private calculations to determine whether a tandem elementary or secondary school, or to the lot meets minimum lot area requirements nearest boundary of an affected public park, shall not include any portion of the lot having residential district or residential lot, less than the required minimum width. No structure shall be placed on any portion of a (Code 1991, §118.02; Ord. No. 4024; §3, 3-18-97; Ord. No. tandem lot having less than the required 4100, §2 (Ex. A), 6-1698) - minimum width. . CD163:10 TITLE XV. UNIFIED DEVELOPMENT CODE (C) Setback. Each tandem lot shall have a minimum Sec. 163.14 Wireless communications facilities. . building setback requirement of 20 feet from all property lines and 25 feet from all street right -of- (A) The following general requirements shall apply to way lines. all new wireless communications facilities. (D) Vehicle/private drive. No vehicles shall be (1) Noise requirements. Equipment used in parked at any time on that portion of a tandem lot connection with a tower or antenna array utilized as a private drive or on the vehicular shall not generate noise that can be heard turnaround required by, subsection (E) below. beyond the site. This prohibition does not The dwelling structure on a tandem lot shall not apply to air conditioning units no noisier than be located more than 200 feet from the end of the ordinary residential units or generator used private drive nearest the structure. in emergency situations where regular power supply for a facility is temporarily interrupted; (E) Certificate of occupancy. Before'a certificate of provided that any permanently installed occupancy is issued for a dwelling located on a generator shall be equipped with a functional tandem lot, the property owner shall: residential muffler. (1) Construct a 30 -foot by 40 -foot hard surface (2) Compliance with federal regulations. vehicular turnaround equivalent to SB-2 Applicant shall comply with all applicable base or better at the end of the private drive federal regulations. Proof of compliance shall and shall execute a written agreement be provided upon request of the Zoning and granting the city permission to enter upon Development Administrator. the private drive and turn around with • sanitation vehicles; or (3) Lighting and signage. (2) Shall construct a masonry garbage can (a) Wireless communications facilities shall holder, with screening, for each garbage can be lighted only if required by the Federal to be used, which garbage can holder shall Aviation Administration (FAA). Security be constructed alongside the street onto lighting or motion -activated lighting may which the private drive leads._be used around the base of a tower and within the wireless communication • facility, provided that the lighting is shielded in such a way that no light is directed towards adjacent properties or rights -of -way. (b) Signs shall be limited to those needed to identify the property and the owner and warn of any danger. No signs, symbols, identifying emblems, flags, or banners shall be allowed on towers. (B) New towers. New wireless communications towers shall meet the following requirements: (1) Type of towers allowed. New towers shall be limited to monopole type structures or alternative tower structures. (2) Tower or antenna height limitations. Towers or alternative tower structures are permitted to a maximum height of 150 feet. (3) Fall zone. The minimum distance from the base of any tower to any residential dwelling unit shall be the lower height or required setback, whichever is greater, unless, all persons owning said residence or the land on which said residences are located consent in a sign writing to the construction • of said tower. This setback is considered a "fall zone." In the event that an existing CD163:11 • Fayetteville Code of Ordinances structure is proposed as a mount for a deny a permit to an applicant that has wireless communication facility, a fall zone not demonstrated a good faith effort to shall not be required. provide for co -location. Such good faith • effort includes: (4) Camouflaging or stealth technology for new towers. If the applicant demonstrates that it (i) A survey of all existing structures is not feasible to locate on an existing that may be feasible sites for co - structure, towers shall be designed to be locating wireless communications camouflaged to the greatest extent possible facilities; including, but not limited to, use of compatible building materials and colors, (ii) Contact with all other wireless screening, landscaping, and placement communications facilities; within trees. •(iii) Sharing information necessary to (5) Color of towers. To the extent that any determine if co -location is feasible antenna extending above the height of the under the design configuration most vegetation immediately surrounding it, they accommodating to co -location; and shall be a neutral color, painted or unpainted, unless the FAA requires (iv) Letter from tower owner stating why otherwise. co -location is not feasible. (6) Information required to process new tower (g) Describe how you will• accommodate requests. other antenna arrays that could co - locate on your facility. Describe how (a) Provide a map of the geographic area this accommodation will impact both that your project will serve; your pole or tower, and your ground mounted facilities. Provide (b) Provide a map that shows other existing documentation of your providers or planned facilities that will be used by willingness to accommodate other the wireless communication service providers who may be able to co -locate provider who is making the application; on your facility. (c) Provide a map that shows other (7) Required (after condition) balloon test and potential stand alone locations for your crane test photographs. The proposed tower facility that have been explored; shall be photographed from four locations taken 90° apart and 300 feet from the center (d) Provide a scaled site plan containing of the tower. The proposed tower shall be information showing the property superimposed on the photographs. A boundaries, proposed tower, existing balloon or crane test shall be performed to land use, surrounding land uses and illustrate the height of the tower and zoning, access road(s) location and photographed from the same four locations. surface material, existing and proposed The time period, not to exceed one week, structures and topography. The plan within which the test will be performed, shall shall indicate proposed landscaping, be advertised in a newspaper of general fencing, parking areas, location of any circulation in the city at least 14 days, but not signage and specifications on proposed more than 21 days prior to the test. The four lighting of the facility; locations shall be approved by the Zoning and Development Administrator. (e) Describe why the proposed location is (8) Sight line representation. A sight line superior, from a community perspective, representation shall be drawn from four to other potential locations. Factors to points 90° apart and 100 feet from the consider in the community perspective proposed tower. Each sight line shall be should include: visual aspects, depicted in profile, drawn at one inch equals setbacks, and proximity of single-family 40 feet. The profiles shall show all residences; intervening trees and buildings. (f) Describe your efforts to co -locate your (9) Structural integrity and inspections of towers. facility on one of the poles or towers that currently exists, or is under construction. (a) The applicant shall provide a The applicant should demonstrate a certification letter that states the tower good faith effort to co -locate with other meets or exceeds design criteria and all carriers. The Planning Commission may local, state, and federal requirements CO163:12 TITLE XV. UNIFIED DEVELOPMENT CODE regarding the . construction, . maintenance, and operation of the (C) Co -location. Applicants for co -location shall meet tower. the following requirements: (b) If a tower fails to comply with the (1) Administrative approval for antenna to - requirements and criteria above and locations and locations on other structures. constitutes a danger to persons or The Zoning and Development Administrator, property, then upon written notice being following an administrative review without provided to the owner of the tower, the requiring the issuance of a conditional use owner shall have 30 days to bring such permit, may approve the following antenna tower into compliance with such installation: requirements and criteria. If the owner _ _ fails to -bring such tower into compliance, (a) Locating on existing structures within -30' -days. -the city may terminate -- Installation of an antenna on an existing the owner's conditional use permit structure other than a tower (such as a and/or cause the removal of such tower building, sign, light pole, electric (at the owners expense). transmission tower and similarly scaled public utilities/facilities, water tower, or {c) By- making -application hereunder, the - other free-standing nonresidential applicant agrees to regularly maintain structure), provided that the addition of and keep in a reasonably safe and the antenna does not add more than 20 workmanlike manner all towers, antenna feet of height to the original structure; arrays, fences and outbuildings owned by applicant which are located in the (b) Locating on exiting towers. Installation city. The applicant further agrees to of an antenna on an existing tower of conduct inspections of all such facilities any height, and the placement of not less frequently than every 12 additional buildings or other supporting months. The applicant agrees that said equipment used in connection with such inspections shall be conducted by one — additional antenna, so long as the or more designated persons holding a proposed additions would add no more combination of education and than 20 feet of height to the original . experience so that they are reasonably height of the tower. The addition or capable of identifying functional modification, to the extent possible, problems with the facilities, should be designated to minimize visibility; and (10) Security fencing and anti -climbing device. Through the use of security fencing, towers (c) For the purpose of co -location, the and equipment shall be enclosed by wood applicant must submit information from board fencing not less than six feet in height. a licensed professional engineer The tower shall also be equipped with an certifying the capacity of the tower for appropriate anti -climbing device. The facility additional providers and a letter of intent shall place signs indicating "No from the applicant indicating their intent Trespassing, "High Voltage," or other I to share space. pertinent information on the outside of the fence, unless it is decided that the goals of (D) Other requirements. this ordinance would be better served by waiving this provisions in a particular (1) Wireless communications facilities placed on instance. Barbed wire fencing or razor wire top of buildings. When a wireless shall be prohibited. communications facility extends above the roof height of a building on which it is (11) Vegetative screening requirements. mounted, every effort shall be made to Wireless communications facilities shall be conceal the facility within or behind existing surrounded by buffers of dense tree growth architectural features to limit its visibility from and understory vegetation in all directions to public ways. Facilities mounted on a roof create an effective year-round visual buffer. shall be stepped back from the front facade Trees and vegetation may be existing on the. in order to limit their impact on the building's subject property or installed as part of the silhouette. proposed facility or a combination of both. (2) Wireless communications facilities placed on (12) Setbacks from property lines. Wireless sides of buildings. Antennas which are side- • communication facilities shall meet current mounted on buildings shall be painted or setbacks as required by zoning. CD163:13 Fayetteville Code of Ordinances constructed of materials to match the color of inches shall not be increased in width the building material directly behind them. with a replacement tower. (E) Exemptions. (4) Emergency and utility towers and antennas. Towers and antennas under 35 feet in height (1) Personal use. Towers for personal use used for 9-1-1 services and utility monitoring which, including the height of all antenna (gas, water, sewer, traffic lights. etc.). arrays, do not extend more than 80 feet from the ground and shall meet the current (F) Municipal profits from towers. The City of setbacks as required by zoning. Fayetteville should actively market its own property and existing structures as suitable co - (2) Temporary structures. Temporary structures location sites. As noted above, the review designed to be used for not more than 14 process is shortened and simplified when co - days in connection with a special event or for location on city property is submitted by any reasonable period of time in and applicant. An annual lease amount should be immediately following an emergency, charged according to the fair market value of the including without limitation those towers location. In cases where the company no longer which are identified as "C.O.W.s" or "Cellular needs the tower, the city may require it to be on Wheels." removed. Applicants can provide co -location space for city -owned antenna. ' (3) Existing towers. All existing towers may be' replaced with the same type and height of (G) Abandoned antennas and towers. At such time tower structure as currently exists. All that a licensed carrier abandons or discontinues replacement towers shall comply with operation of a wireless communication facility, §163.14(A) and (B) regarding color of such carrier will notify the city of the proposed towers, structural integrity and inspections of date of abandonment or discontinuation of towers, security fencing and anti -climbing operations. Such notice shall be given no less device, and vegetative screening than 30 days prior to abandonment or requirements. All existing guyed towers discontinuation of operations. In the event that shall also be subject to the following licensed carrier fails to give such notice, the conditions: wireless communications facility shall be considered abandoned upon such • (a) A demolition permit shall be issued prior discontinuation of operations. Upon to a building permit being issued for the abandonment or discontinuation of use, the replacement tower, carrier shall physically remove the wireless communications facility within 90 days from the (b) The demolition permit shall expire within date of abandonment or discontinuation of use. 90 days and shall require the existing "Physically remove" shall include, but not be tower to be demolished within 90 days limited to: from issuance of the building permit for the replacement tower, (1) Removal of antenna, equipment shelters and security barriers from the subject property; (c) The new tower shall be constructed as dose as technically feasible to the (2) Proper disposal of the waste materials from existing tower, the site in accordance with local and state solid waste disposal regulations; (d) Additional antennas may be installed on an existing tower of any height, and (3) Restoring the location of the wireless additional buildings or other supporting communications facility to its natural equipment used in connection with such condition, except that any landscaping and additional antennas may be placed at grading shall remain in the after -condition. the tower site so long as the proposed additions would add no more than 20 (H) Notification of change of ownership/operator. feet height to the original height of the Upon assignment or transfer of a conditional use existing tower. The addition or permit, or any of the rights thereunder to a new modification, _ to the extent possible, wireless telecommunications operator, the owner should be designed to minimize or operator shall provide written notice within 30 visibility; days to the Zoning and Development Administrator. (e) The replacement structure may be increased in width to a maximum of 36 (Ord. No. 4178, §4, 8-31-99; Ord. No. 4285, 1-2-01) • inches. Existing guyed towers over 36 Secs. 163.15-163.99. Reserved. CD163:14 CD163:15 TITLE XV. UNIFIED DEVELOPMENT CODE Chapter 164. Supplementary Zoning Regulations. Sec. 164.01. Accessory commercial uses. Sec. 164.02. Accessory structures and uses. Sec. 164.03. Accessory residential uses in nonresidential districts. Sec. 164.04. Animals and fowl. Sec. 164.05. Automobile garages. Sec. 164.06. Automobile wash service. Sec. 164.07. Erection of more than one principal structure on a lot of record. Sec. 164.08. Extraction. Sec. 164.09. Fences, walls and vegetation Sec. 164.10. Garage sales. Sec. 164.11. Height regulations; exceptions. Sec. 164.12. Nonconforming uses and structures. Sec. 164.13. Nonresidential uses in R districts. Sec. 164.14. Parking and storage of certain vehicles. Sec. 164.15. Prefabricated construction. Sec. 164.16. Structures to have access. Sec. 164.17. Visibility at intersections. Sec. 164.18. Supplementary use regulations. Secs 164.19-164.99. Reserved. S. • CD164:1 SFayetteville Code of Ordinances • C • CD164:2 TITLE XV. UNIFIED DEVELOPMENT CODE• • • CHAPTER 164. SUPPLEMENTARY ZONING REGULATIONS. Sec. 164.01. Accessory commercial uses. Permitted accessory uses in RMF and R -O Districts shall include accessory commercial uses of the types included in Unit 12 provided that: (A) Convenience. Such uses are located entirely within a mufti -family dwelling or office building as an accessory use for the convenience of the occupants of said building. (B) Gnus 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. (E) Lobby entrance. Have at least one lobby entrance. (Code 1965, App. A., Art. 7 (2); Ord. No. 1747, 6-29-70; Code 1991, §160.077; Ord. No. 4100, §2 (Ex. A), 6-16-98) CD164:3 Sec. 164.02. Accessory structures and: uses. Accessory structures and uses shall be subject to the applicable use conditions set forth in Zoning, Chapters 160 through 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. (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 setback. (B) Trash containers. "Lo -Dal" type trash containers located in any required setback shall be screened along the side(s) of the container which encroach into the required setback, except that screening shall not be required on the access side of the container. Where a trash container encroaches totally within a required setback, 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 setback. (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; Code 1991, §160.076; Ord. No. 4100, §2 (Ex A), 6-16-98) Fayetteville Code of Ordinances Sec. 164.03. 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 §161.13(C). (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 §161.13(C). The building site and setback 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 4,200 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 covenant provided that the residential structure shall not be sold separately from the principal structure; the covenant shall run with the land. (Code 1965, App. A., Art 7(24); Ord. No. 1747, 6-29-70; Ord. No. 3132, 10.1.85; Code 1991, §160.094; Ord. No. 4100, §2 (Ex. A), 6-16-98) Cross reference(s)—Parking and Loading, Ch. 172. Sec. 164.04. 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, raisin Boarding: breeding, raising, or boarding of household pets or similar small animals for commercial purposes Kennel Egg farm 100 FEET Animal hospital: serving livestock and similar animals Boarding or training of horses Dairy farm Poultry fans Farm: for raising cattle, goats, horses, sheep, rabbits and poultry 200 FEET Hog raisin Livestock: assembly, breeding, feeding, sales or shipment (Code 1965, App. A., Art. 7 (3); Ord. No. 1747, 6-29-70; Code 1991, §160.078; Ord. No. 4100, §2 (Ex. A.), 6-16-98) Sec. 164.05. 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) Sec. 164.06 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) Sec. 164.07. 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 setback and other requirements of this chapter shall be met for each structure as though it were on an individual lot. (Code 1965, App. A., Art. 8(4); Ord. No. 1747, 6-29-70; Code 1991, §160.112; Ord. No. 4100, §2 (Ex. A), 6-16-98) • Sec. 164.08. 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; (4) Accessory uses and buildings. (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, Physical Alteration of Land without requirement for extraction district rezoning. • E XV. UNIFIED DEVELOPMENT CODE • (C) Operational requirements. Operations at the site shall be submitted. Such proposed reuse shall not create unusual traffic hazards or the shall be compatible with surrounding . need for special public improvements, nor the property. Where conditions are suitable, need for special protection, repair, or permanent lakes may be permitted, but maintenance of adjacent property. Blasting intermittent lakes and marshes shall not be operations shall be limited to Mondays through allowed. Excavation shall be phased so that Fridays, between 8:00 a.m. and 5:00 p.m. no more than 10 acres shall be in use or Creation of undrained pockets and stagnant unrestored at any time. Restoration pools shall be avoided to the maximum extent. standards shall conform to §161.23 of this The operation of machinery (other than extraction Code and shall result in conditions equipment) such as sorters, crushers, or other appropriate for the planned reuse of the site. processing devices shall not be permitted within 500 feet of any lot lines. While excavation is in State law references) —'The Arkansas Open -Cut Land progress, effective steps shall be taken to control Reclamation Act, A.C.A. §15-57-301 et seq. erosion of disturbed areas. Such measures may include seeding, mulching, screening, stabilizing, (Code 1991, §160.135; Code 1965, AppA, Art 4(1); Ord. No. or other cover as appropriate. 1747, 6-29-70; Ord. No. 1918, 5-15-83; Ord. No. 2126, 7-14- 75) (D) Fencing . and screening... Where. deemed . Sec. 164.09. Fences, walls, and vegetation. necessary by the Planning Commission, Subject to the provisions of §165.15, fences, walls, approved safety fences shall be provided. In and vegetation may be permitted in any required addition, where deemed necessary to protect setback or any required setback area, or along the abutting property from diminution of land value or edge of any setback, provided the fence, wall, or use, the Planning Commission may require vegetation does not materially impede vision, as approved fencing and/or screening of at least determined by the Zoning and Development 75% opaqueness. Administrator, between vehicular or pedestrian traffic. In any required setback or any required setback area, (E) Rezoning application. The application shall nothing permanent over 2% feet (30 inches) high may include the following: be installed which materially impedes vision between vehicular or pedestrian traffic. (1) Arkansas Open Cut Land Reclamation Act. • A letter from the State Department of (Code 1965, App. A., Art. 8(2); Ord. No. 1747, 6-29-70; Ord. Pollution Control and Ecology stating No. 2380, 9-20-77; Code 1991, §160.111; Ord. No. 4100, §2 whether the proposed operation is subject to (Ex. A), 6-16-98) or not subject to the Arkansas ' Open Cut Land Reclamation Act. Sec. 164.10. Garage sales. Garage sales are permitted in any zoning district subject to the following (2) Development plan. The plan for development conditions: shall show the proposed development as planned and staged in relation to (A) Frequency. Garage sales shall not locate in one surrounding property and shall include (1) location more than four (4) times per year. topographic surveys indicating present conditions (including drainage) and the (B) Term. Garage sales may be held for a duration conditions (including topography), drainage not to exceed three (3) consecutive days. and soils to be left at the end of the extraction phase. Contour intervals shall be (C) Signs. One on -site and three off -site temporary five feet. The plan for development shall signs are allowed to be posted, however, posting demonstrate the feasibility of the operation may not occur more than two (2) days before the proposed without hazard or damage to other sale begins. Signs are not to be located on properties because of increased flooding or public rights -of -way. Each sign shall not exceed runoff, undesirable rise or reduction in 4.5 square feet in area. The oft site signs shall ground water levels, erosion, or undermining include address and date(s) of sale. All signs or settlement in adjoining areas. This plan shall be removed by 8:00 a.m. on the day shall also show important locational aspects following the sale. Any such signs not so of the stages of exploitation, where and how removed the following day, or located in public traffic will be handled, where equipment will rights -of -way may be removed by city staff and be operating, the location and dimension of for any such sign removed a collection fee shall structures, safety safeguards, depth of be imposed. excavation and hydrogeology in the area. (Code 1991, §160.103; Ord. No. 3970, § 3, 5-7-96; Ord. No. . (3) Plan for reuse. A site plan of the restored 4100, §2 (Ex. A), 6-16-98) property showing its proposed future use cross-reverence(s)—signs, Ch. 174. CD164:5 • Fayetteville Code of Ordinances • Sec. 164.09. 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. (Code 1965, App. A., Art. 8(6); Ord. No 1747, 6-29-70; Ord. No. 2555, 8-21-79; Code 1991, §160.113; Ord. No. 4100, §2 (Ex. A), 6-16-98) 164.11. Nonconforming uses and structures. (A) Intent. • (1) Within the districts established by this chapter or amendments that 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 chapteror 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 RMF-40 District are met. (3) Nonconforming uses are declared by this chapter to be incompatible with permitted uses in the district 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. (B) Nonconforming lots of record. (1) Single-family dwellings. In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory building may be erected on any 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 setback dimensions and requirements other than these applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. In a previously CD164:6 TITLE XV. UNIFIED DEVELOPMENT CODE • developed subdivision, pjatted prior to June (4) Additional structures. No additional structure . 29, 1970, and with the approval of the 'not conforming to the requirements of this Subdivision Committee, a new single-family chapter shall be erected in connection with dwelling, or an addition, or repair to an such nonconforming use of land. existing single-family dwelling may be constructed in all residential zones in (D) Nonconforming structures. Where a lawful keeping with the existing standard in the structure exists at the effective date of adoption neighborhood so long as the interior side or amendment of this chapter that could not be setback is no less than five (5) feet. built under the terms of this chapter by reason of Variance of setback requirements shall be restriction on areas, lot coverage, height, obtained only through action of the Board of setbacks, its location in the lot, or other • Adjustment.— . -- - - requirements concerning the structure, such structure may be continued so long as it remains (2) Combined lots. —if two or more, or otherwise lawful, subject to the following • combination of lots and portion of lots with provisions: continuous frontage in single ownership are of record at the time of passage or (1) Alterations. No such nonconforming amendment of this chapter, and if all parts of structure may be enlarged or altered in a the lots do not meet the requirements way which increases its nonconformity but established for lot width and area, the lands any structure or portion thereof may be involved shall be considered to be an altered to decrease its nonconformity, undivided parcel for the purposes of this provided, the following structures may be chapter, and no portion of said parcel shall enlarged or altered as hereinafter provided: be used or sold in a manner which diminishes compliance with lot width and (a) Nonconforming residential structures area requirements stated in this chapter. may be enlarged or altered by The prohibition prescribed hereby shall not increasing the height of said structures. apply to a nonconforming lot on which a principal structure existed on the effective (b) Carports in residential zones may be date of adoption of this chapter and which extended into the required setback • adjoins a nonconforming lot on which a setbacks if: principal structure existed on .the effective date of the adoption of this chapter. () The carport is setback at least 10 feet from the street right-of-way; (C) Nonconforming uses of land (or land with minor structures only). Where at the time of passage of (ii) The carport is setback at least five this chapter lawful use of land exists which would feet from any interior side property not be permitted by the regulations imposed by line; this chapter, and where such use involves no individual structure with a replacement cost (iii) The carport is setback at least 10 exceeding $1,000.00, the use may be continued feet from the rear property line; so long as it remains otherwise lawful, provided: (iv) The area below the roof is open on (1) Enlargement. No such nonconforming use the sides; and shall be enlarged or increased, nor extended to occupy a greater area of land than was (v) The carport does not materially occupied at the effective date of adoption or obstruct vision. amendment of this chapter. (c) In residential zones, detachable (2) Moving of use. No such nonconforming use awnings which are not structurally a part shall be moved in whole or in part to any of the building may be erected in any portion of the lot or parcel other than that required front setback or rear setback if occupied by such use at the effective date of • the awning does not project more than adoption or amendment of this chapter. six feet. Detachable awnings which are not structurally a part of the building and (3) Cease of use. If any such nonconforming which project no more than four feet use of land ceases for any reason for a may be erected in any required interior period of more than 120 days, any side setback. subsequent use of such land shall conform to the regulations in which such land is • located; and CD164:7 0 Fayetteville Code of Ordinances • (d) In residential zones, porch roofs and (3) Change of use. If no structural alterations open porches may extend into required are made, any nonconforming use of a setbacks by one foot on each side of the structure, or structure and premises, may as • entry door to maximum depth of six feet a conditional use be changed to another in required front setbacks and rear nonconforming use provide that the Planning setbacks and to a maximum depth of Commission either by general rule or by four feet in required interior side making finding in the specific case, shall find setbacks. that the proposed use is equally appropriate or more appropriate to the district than the (2) Destruction. Should such nonconforming existing nonconforming use. In permitting structure or nonconforming portion of such change the Planning Commission may structure be destroyed by any means to an require appropriate conditions and extent of more than 50% of its replacement safeguards in accord with the provision of cost at time of destruction, it shall not be this chapter. reconstructed except in conformity with the provisions of this chapter. (4) Superseded by permitted use. Any structure, or structure and land in combination, in or on (3) Moving. Should such structure be moved for which a nonconforming use is superseded any -reason -for -any distance whatever, it - - by -a permitted use, shall thereafter conform shall thereafter conform to the regulations for to the regulations for the district, and the the district in which it is located after it is nonconforming use may not thereafter be moved. resumed. (E) Nonconforming uses of structures or of structures (5) Abandonment of use. When a and premises in combination. If lawful use nonconforming use of a structure, or involving individual structures with a replacement structure and premises in combination, is cost of $1,000.00 or more, or of structure and discontinued or abandoned for six premises in combination, exists at the effective consecutive months, or for 18 months during date of adoption or amendment of this chapter, any three year period (except where that would not be allowed in the district under the government action impedes access to the terms of this chapter the lawful use may be premises), the structure, or structure and continued as long as it remains otherwise lawful, premises in combination, shall not thereafter • subject to the following provisions, be used except in conformity with the regulations of the district in which it is (1) Enlargement of structure. No existing located. structure devoted to a use not permitted by this chapter in the district in which it is (6) Destruction. Where nonconforming use located shall be enlarged, extended, status applies to a structure and premises in constructed, reconstructed, moved or combination, removal or destruction of the structurally altered except in changing the structure shall eliminate the nonconforming use of the structure to a use permitted in the status of the land. Destruction for the district in which it is located or as required by purpose of this division is defined as damage other ordinances, to an extent of more than 50% (or other figure) of the replacement cost of time of (2) Extending use. Any nonconforming use may destruction. be extended throughout any parts of the building which were manifestly arranged or (7) Outdoor advertising signs. All outdoor designed for such use at the time of adoption advertising signs (billboards) not conforming or amendment of this chapter, but no such with the provisions of this chapter shall be use shall be extended to occupy any land removed within the period prescribed by outside such buildings. §174.06. L CD164:8 LE XV. UNIFIED DEVELOPMENT CODE • [1 • (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 nonbearing 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 of 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. (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. (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: A 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, setback requirements, and building area requirements in the RSF-4. Sec. 164.13. Non residential 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 Structures. or Element of the Minimum Facility 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 R Outdoor spectator facilities 50 ft. Outdoor sports area without spectator 100 ft. facilities Tool or equipment storage 200 ft. Indoor Facilities: Air conditioning tower or dispenser unit 50 ft. Auditorium, ballroom, dining room, or meeting room having a floor area of more than 1, 200 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: If fully air-conditioned 100 ft. If not fully air-conditioned 200 ft. Building of a general hospital or S0ft convalescent home Building of a hospital, sanitarium or 200 ft. convalescent home for alcoholic, mental, nervous, narcotic or contagious patients All Other Facilities: If fully air-conditioned 50 ft. If not full air-conditioned 100 R (Code 1965, App. A., Art. 7 (14); Ord. No. 1747, 6-29-70; Code 1991, §160.088; Ord. No: 4100, §2 (Ex. A), 6-16-98) Sec. 164.14. 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 or salvage unless completely enclosed in buildings or carports connected to the principal structure. Disabled vehicles must be stored insid ebuildings except in zones allowing auto salvage. (Code 1965, App. A., Art. 4(1),.(2), (4)--(7); 5(8); Ord. No. 1747, 6-29-70; Ord. No. 1806,7-16-71; Ord. No. 1891, 12-5- (Code 1965, App. -A:; Art. 8(7); Ord. No. 1747, 6-29-70; 7Code 1991, §160.115; Ord. No. 4100, §2 (Ex. A), 6-16-98) 2; Ord. No. 2126, 7-14-75; Ord. No. 2505, 2-20-79; Ord. No. 1918, 5-15-83; Ord. No. 3114', 9-3-85; Ord. No. 3124, 9- Cross reference(s)-General Provisions, Ch. 150; 17-85; Ord. No. 3130, 10-1-84; Code 1991, §§160.135- Administration, Ch. 152; Enforcement, Ch. 153; Appeals, Ch. 160.142; Ord. No. 4100, §2 (Ex. A), 6-16-98) 155; Notification and Public Hearings, Ch. 157; Streets and Sidewalks, Ch. 171. CD164:9 0 Fayetteville Code of Ordinances • Sec. 164.15. Prefabricated construction. (A) Residential unit. Prefabricated residential units shall be considered as a single-family or multi- family 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; (3) Have permanent water and sewer connections; (4) Have a minimum roof pitch of four to twelve (4:12); (5) Nongable roof ends shall have a minimum overhange of twelve (12) inches; and (6) Have a minimum buiding width of twenty feet (20'). (Code 1965, App. A., Art 7 (13); Ord. No. 1747, 6-29-70; Code 1991, §160.087; Ord. No. 4100, §2 (Ex. A), 6-16-98) Sec. 164.16. 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 1965, App. A., Art. 8(6); Ord. No. 1747, 6-29-70; Ord. No. 2555, 8-21-79; Code 1991, §160.114; Ord. No. 4100, §2 (Ex. A), 6-16-98) Sec. 164.17 Visibility at intersections in residentiallnonresidential 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 22 and 10 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 comer 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 22 and 10 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 10 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 1965, App. A., Art. 8(1, 1.1); Ord. No. 1747, 6-29-70; Ord. No. 2193, 2-3-76; Code 1991, §160.110; Ord. No. 4100, §2 (Ex. A), 6-16-98) Sec. 164.18 Supplementary use regulations. (A) Automobile garages. In any district where permitted, automobile garages shall be subject to the regulations set forth in §164.16(C) 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 1965, App. A., Art. 7 (4); Ord. No. 1747, 6-29-70; Code 1991, §160.079; Ord. No. 4100, § 2 (Ex. A), 6-16-98) (B) Automobile wash service. Automobile wash service shall be subject to the provision set forth in §164.16(C), drive-in facilities. The following provision shall also be required: Paved parking space on the lot for not less than five cars per washing lane shall be provided. (Code 1965, App. A., Art. 7 (5); Ord. No. 1747, 6-29-70; Ord. No. 2380, 9-20-77; Code 1991, §160.080; Ord. No. 4100, §2 (Ex. A), 6.16-98) C CD164:10 TITLE XV. UNIFIED DEVELOPMENT CODE • (C) Drive-in facilities. Drive-in facilities, including but (E) Industrial parks. Sites for industrial parks shall not limited to, banks, restaurants, theaters, be developed according to the following . gasoline stations, garages, automobile washes, requirements: and parking lots shall be subject to the following condition: (1) Landscaping. The first 10 feet of depth of required front setbacks and of required rear (1) No vehicular entrance or exit shall be setbacks facing a street and the first 20 feet established within 200 feet of any existing of width of a required exterior setback shall school, playground, park, church, hospital, be permanently maintained in suitable library, nursery school, or day care center, landscaping, a plat of the design of which except where such facility or institution is in shall be filed with the Zoning and -another-block-or. on another street which the Development Administrator prior to the lot in question does not abut. - issuance of building permit. (Code 1965, App. A., Art. 7 (8); Ord. No. 1747, 6-29-70; Ord. (2) Grading and drainage. All open portions of No. 2380,9-20-77; Code 1991, §160.083; Ord. No. 4100, §2 any lot shall have adequate grading and (Ex. A), 6-16-98) drainage, and shall . be continuously maintained in a dust -free condition by D ( ) Gasoline -service -stations... A. gasoline service suitable landscaping- with trees, shrubs, or , station shall be subject to the following planted ground cover, or by paving with requirements: asphaltic concrete, rock, Portland cement, concrete, or other resilient materials. (1) Bulk and area. Gasoline service stations shall be regulated by the bulk and area (Code 1965, App. A.. Art. 7(15); Ord. No. 1747, 6.29-70; requirements of the district in which it is Ord. No. 380, 9-1-20.77; Code 1991, §160.089, Ord. No. located, but in no case shall the site for such 4100, §2 (Ex. A), 6-16-98) a use be less than the following: L] Minimum -lot -area----- . -12,000 s . ft. Minimum frontage 120 ft. Maximum width curb cuts or 40 ft driveway width Minimum distance of 40 ft driveways from right-of-way intersections Minimum setback of service 50 ft building from all street right- of-way lines Minimum setback of pump 25 ft island, compressed air connection and similar equipment from all right-of- way lines Minimum setback of canopy 20 ft 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.) (2) Signs. Any permitted sign shall be stationary and shall conform in all respects to the applicable regulations pertaining to signs. (3) Auto washing. Washing of autos shall be entirely within an enclosed structure. (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; Code 1991, §160.084: Ord. No. 4100, §2 (Ex. A), 6-16-98) (F) Retail liquor stores. Retail liquor stores may be located in those zoning districts where such use is permitted, subject to the following conditions: (1) 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. (2) 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. For the purpose of this section the term "street shall not include any federal highway. (Code 1965, App. A., Art 7 (22); Ord. No. 1747, 6-29-70; Ord. No. 2122, 7-15-75; Ord. No. 2380, 9-21-77; Code 1991, §160.092; Ord. No. 4100, §2 (Ex A), 6-16-98) (G) Riding stables. In any district where permitted, riding stables shall be subject to the following conditions. CD164:11 (1) Minimum area. Riding stables shall not be located on any property which does not contain a minimum of 40 acres of undeveloped land. (2) Setback from residential property lines. No riding stable shall be located within 250 feet of the property line of any abutting property • Fayetteville Code of Ordinances • zoned residential and no riding path shall be located within 100 feet of the property line of any abutting property zoned residential. (3) 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. (4) 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 (3/4) acre of undeveloped land. (Code 1965, App. A., Art. 7 (23); Ord. No. 1747, 6-29-70; Ord. No. 2123, 7-25-75; Code 1991, §160.092; Ord, No. 4100, §2 (Ex. A), 6-16-98) Sect 164.19.-164.10. Reserved. • CD164:12 IITLE XV. UNIFIED DEVELOPMENT CODE • ------------- • • • CD164:13 TITLE XV. UNIFIED DEVELOPMENT CODE Chapter 165. Airport Zone. Sec. 165.01. Airport zones: establishment. Sec. 165.02. Airport zone height limitations. Sec. 165.03. Use restriction. Sec. 165.04. Nonconforming uses. Sec. 165.05. Permits., Secs. 165.06.-165.99. Reserved. 1 • - H. CD165:1 • . Fayetteville Code of Ordinances • LJ CD165:2 TITLE XV. UNIFIED DEVELOPMENT CODE • CHAPTER 165. AIRPORT ZONE • Sec. 165.01. Airport zones; establishment There Sec. 165.02. Airport zone height limitations. are hereby created and established zones, which Except as otherwise provided in this chapter, no zones include all the land lying beneath the approach structure shall be erected, altered, or maintained, and surfaces, transitional surfaces, horizontal surfaces, no tree shall be allowed to grow in any zone created and conical surfaces as they apply to the municipal by this chapter to a height in excess of the applicable airport. Said zones are shown on the airport zoning height established for such zone. Such applicable map consisting of one sheet, which shall be made a height limitations are hereby established for each of part hereof by reference. An area located in more the zones in question as follows: than one of the following zones is considered to be only in the zone with the more restrictive height. (A) Runway larger than utility visual approach zone. limitation. The various zones are hereby established Slopes 20 feet outward for each foot upward and defined as follows: beginning at the same elevation as the primary surface and extending to a horizontal distance of (A) Runway larger than utility visual approach zone. 5,000 feet along the extended runway centerline. The inner edge of this approach zone coincides with the width of the primary surface and is 500 (B) Precision instrument runway approach zone. feet wide. The approach zone expands outward Slopes 50 feet outward for each foot upward uniformly to a width of 1,500 feet at a horizontal beginning at the end of and at the same elevation distance of 5,000 feet from the primary surface. as the primary surface and extending to a Its centerline is the continuation of the centerline horizontal distance of 10,000 feet along the of the runway. •extended runway centerline; thence slopes upward 40 feet horizontally for each foot vertically (B) Precision instrument runway approach zone. to an additional horizontal distance of 40,000 feet The inner edge of this approach zone coincides along the extended runway centerline. with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward . (C) Transitional zones. Slopes seven feet outward uniformly to a width of 16,000 feet at a horizontal for each foot upward beginning at the sides of . distance of 50,000 feet.from the primary surface. and at the same elevation as the primary surface Its centerline is the continuation of the centerline and the approach surface, and extending to a of the runway. height of 150 feet above the airport elevation which is 1,251 feet above mean sea level. In (C) Transitional zones. The transitional zones are addition to the foregoing, there are established the areas beneath the transitional surfaces. height limits sloping seven feet outward for each foot upward beginning at the sides of and the (D) Horizontal zone. The horizontal zone is same elevation as the approach conical surface. established by swinging arcs of 5,000 feet radii Where the precision instrument runway approach for all runways designated utility or visual and zone projects beyond the conical zone, there are 10,000 feet for all others from the center of each established height limits sloping seven feet end of the primary surface of each runway and outward for each foot upward beginning at the connecting the adjacent arcs by drawing lines sides of and the same elevation as the approach tangent to those arcs. The horizontal zone does surface, and extending a horizontal distance of not include the approach and transitional zones. 5,000 feet measured at 90' angles to the The radius used shall be the longest determined extended runway centerline. for either end. (D) Horizontal zone. One hundred fifty feet above the (E) Conical zone. The conical zone is established as airport elevation; 1,401 feet above mean sea the area that commences at the periphery of the level. horizontal zone and extends outward therefrom a horizontal distance of 4,000 feet. (E) Conical zone. Slopes 20 feet outward for each foot upward beginning at the periphery of the (Code 1965, App. B., §111; Ord. No. 2697, 1-20-81; Code horizontal zone and at 150 feet above the airport 1991, §150.03; Ord. No. 4100, §2 (Ex. A), 6-16-98) elevation and extending to a height of 350 feet above the airport elevation. • CD165:3 SFayetteville Code of Ordinances • (F) Excepted height limitation. Nothing in this chapter (1) Increased hazard. No such permit shall be shall be construed as prohibiting the construction granted that will permit the structure or • or maintenance of any structure, or the growth of object of natural growth in question to be any tree, to a height up to 25 feet above the made higher or become a greater hazard to surface of the land; provided, the 25 foot height air navigation than it was when the permit for limitation prescribed hereby shall not apply where the continuance was granted, under (A) the Federal Aviation Administration has approved above. a greater height limitation. (2) Fifty percent destroyed. Where the structure (G) Primary surface elevation. The elevation of any or object of natural growth has been more point on the primary surface is the same as the than 50% tom down or destroyed, whether elevation of the nearest point on the runway voluntarily, by activity, or otherwise, or has centerline, become more than 50% deteriorated or decayed, no permit shall be granted that will (Code 1965, App. B., §1, IV; Ord. No. 2697, 1-20-81; Ord. permit such structure or object of natural No. 3027, 8-21-84; Code 1991, §§150.02, 150.04; Ord. No. growth to exceed the applicable height limit 4100, §2 (Ex. A), 6-16-98) prescribed by the zoning regulations; instead, in all such cases of 50% destruction, Sec. 165.03. Use restriction. Notwithstanding any other provisions of this chapter, no use may be made deterioration, for, or decay, for repair or not, tthe is made for a permit repair not, the of land or water within any zone established by this, . inspections division director shall compel the chapter in such a manner as to create electrical owner of the nonconforming structure or interference with navigational signals or radio object of natural growth such object to the communication between the airport and aircraft; make extent necessary to conform to the said it difficult for pilots to distinguish between airport light height limit. and other, result in glare in the eyes of pilots using airport; impair visibility in the vicinity of the airport; (C) Change or repair. Except as indicated, all create bird strike hazards; or otherwise in any way applications for permits for change or repair of endanger or interfere with the landing, takeoff or nonconforming uses shall be granted. maneuvering of aircraft intending to use the airport. (Code (Code 1965, App. B., § VI; Ord. No. 2697, 1-20-81; Code 1965, App. B., § V; Ord. No. 2797, 1-20-81; Code 1991, §150.05; Ord. No.4100, §2 (Ex. A), 6-16-98) 1991, §150.06; Ord. No. 4100, §2 (Ex. A), 6-16-98) . Sec. 165.05. Permits. Sec. 165.04. Nonconforming uses. (A) Permit authorizing continuance. The owner of (A) Required. Except as specifically provided in this section, no material change shall be made in the any structure or object of natural growth existingo at the time of the adoption of this chapter which use wi land, no b structure shall tree erected e does not conform hereto shall be granted a otherwise anestybzoned, reb n r le be planted in any zone hereby created unless a permit authorizing continuance of such permit, therefore shall have been applied for and nonconforming use upon application therefore by granted by the Building Safety Division. him to the Building Safety Division Director, provided, if such application is not made within (B) Application. Each application for a permit shall 90 days of the effective date of this chapter, said indicate the purpose for which the permit is owner shall be compelled, at his expense, to desired, with sufficient particularity to permit it to lower or remove such object to the extent be determined whether the resulting use, necessary to conform to this chapter. structure or tree would conform to the regulations herein prescribed. If such determination is in the (B) Alterations. Before any existing nonconforming affirmative, the permit shall be granted. structure or object of natural growth for which a permit has been issued in accordance with Cross reference(s)-Variance, Ch. 156. subsection (A) of this section may be altered or repaired, rebuilt, allowed to grow higher, or replanted, a permit must be secured from Building Safety Division Director authorizing such change or repair. • CD165:4 TITLE XV. UNIFIED DEVELOPMENT CODE • (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 § 165.02(D). . (Code 1965, App. B., §VII; Ord. No. 2697, 1-20-81; Code 1991, §150.07; Ord. No. 4100, §2 (Ex A), 6-16-98) Secs. 165.06.-165.99. Reserved. 11 CD165:5 • Fayetteville Code of Ordinances • 0 9 CD165:6 TITLE XV. UNIFIED DEVELOPMENT CODE • Chapter 166. Development Sec. 166.01. Subdivision approval. Sec. 166.02. Plat requirements. Sec. 166.03. Required on -site improvements — subdivisions in city limits. Sec. 166.04. Required on -site improvements — subdivisions in planning area. Sec. 166.05. Large Scale Development (LSD). Sec. 166.06. Planned Zoning District (PZD) Sec. 166.07. Required off -site improvements. Sec. 166.08. Design standards. Sec. 166.09. Condition of acceptance. Sec. 166.10. Buffer strips and screening. Sec. 166.11. Conformance to plans and regulations. Sec. 166.12. Structures not allowed over public easements. Sec. 166.13. Underground utility wires. Sec. 166.14. Commercial design and development standards. Sec. 166.15. Application for building permit. Sec. 166.16. Construction to be as provided in application, plan, and permits. Sec. 166.17. Suspending issuance of permits pending zoning amendments. Sec. 166.18. Master Street Plan setbacks. Sec. 166.19. Expiration of previously approved plans and permits. Sec. 166.20. Expiration of approved plans and permits. Secs. 166.21.-166.99. Reserved. CD166:1 • Fayetteville Code of Ordinances • 0 0 CD166:2 TITLE XV. UNIFIED DEVELOPMENT CODE. CHAPTER 166. DEVELOPMENT. • Sec. 166.01. Subdivision approval. The subdivider (i) Developer identification. Name, shall follow the procedures in this chapter for the address, and telephone number of approval of a subdivision plat. owner, developer, and engineer or surveyor, and (A) Concept plan. When a developer intends to subdivide land within the city's planning area (I) Subdivision identification. Subdivision boundary he/she may first submit a concept plat name, scale, date, north arrow and to the Zoning and Development Administrator for acreage. the Planning Commission's consideration. (4) Distribution. The concept plat will be (1) Purpose. The purpose of the concept plat distributed to the city's department heads, process is to allow all interested parties an members of the technical advisory opportunity to provide the developer with committee and other affected parties. Any their input or requirements before the comments concerning the proposed developer invests a great deal of time or :subdivision received by the Zoning and money into the preparation of detailed plat. Development Administrator shall be passed on to the developer. (2) Submittal. The concept plat shall be submitted to the Zoning and Development (5) Planning Commission review. The Planning Administrator at least seven (7) days prior to Commission will review the proposed the Planning Commission meeting at which it subdivision considering all applicable city is to be considered. plans and ordinances, and comments received from technical review people and (3) Information. The concept plat shall contain the Zoning and Development Administrator. the following information: Following its review, the Planning Commission will determine any potential (a) Copies. The number of copies as problems which could result in refusal to indicated on the application form, drawn approve a final plat. Following Planning . at 1 inch=100 feet or 1 inch=200 feet on Commission review the Zoning and any material so long as it portrays the Development Administrator will advise the intent of the developer: developer in writing of the review comments. (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; CD166:3 Cross reference(s)--Notification and Public Hearings, Ch. 157; Departments, Boards, Commissions and Authorities, Ch. 33. (B) Preliminary plat. (1) Applicationllnformation. When a subdivision of land is proposed, the first formal application for approval shall be directed to the Planning Commission and submitted to the Zoning and Development Administrator and shall consist of the following: (a) Application for preliminary subdivision plat approval. (b) Payment of the preliminary plat fee. (c) The number of copies of a preliminary plat as indicated on the application form 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 necessary copies of the plat, with revisions as recommended by the Plat Review SFayetteville Code of Ordinances Committee, for the distribution to the (a) Planning Commission. (2) Submittal. Applic approval shall be and Development days prior to the Commission at requested. ation for preliminary plat submitted to the Zoning Administrator at least 15 meeting of the Planning which consideration is (3) Plat Review Committee and Subdivision Committee procedure. Following submittal of a preliminary plat, final plat or large scale development plan the Zoning and Development Administrator shall: (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. (4) Planning Committee 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 Zoning and Development Administrator's receipt of the preliminary plat, the Planning• Commission shall indicate its approval, disapproval, or approval with conditions. (C) Cross reference(s)-Appeals, Ch. 155; Notification and Public Hearings, Ch. 157. (5) Approval. Approval of the preliminary plat shall be subject to the following qualifications: No authorization to proceed. Such approval does not constitute authorization to proceed with construction until plans have been approved. 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 (1) 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: () The preparation of site improvement plans and specifications including: a. Street plans, profiles and specification accompanied by soil analyses and design calculations; b. Storm drainage plans, profiles and specifications accompani- ed 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. (i) Site improvements. The installation of site improvements after plans and profiles for such improvements have been approved by the appropriate official. (e) Preparation of final plat. Preparation of the final plat of the subdivision or of a portion of the subdivision. Concurrent plat. When a property owner wishes to transfer one or more parcels, each of which contains more than five (5) 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 CD166:4 TITLE XV. UNIFIED DEVELOPMENT CODE approve the final plat (a concurrent plat) for filing . with the county recorder. (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 Zoning and Development Administrator 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. The number of copies of the final plat as indicated on the application form, 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 developer shall submit the necessary 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 referenee(s)—Bonds and Guarantee, Ch. 158. (2) Submittal. An application for approval of a final subdivision plat shall be submitted to the Zoning and Development Administrator not less than 15 days prior to the meeting of the Planning Commission at which consideration is requested. (3) Procedure. The final plat procedure shall follow that of the preliminary plat. Final plats may be approved by the Subdivision Committee. (4) Approval /disapproval. 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. (i) One reproducible transparent mylar copy of the final plat containing the. certification of the Planning Commission shall be retained by the Zoning and Development Administrator for city records. (ii) The developer shall file the other mylar and any covenants with the county recorder and shall provide the Zoning and Development Administrator with proof of filing. No building permits shall be issued until proof of filing has been provided by the developer. (b) The copies of the final plat as required by the Zoning and Development Administrator, with the approval of the Planning Commission certified thereon including all signatures. (6) Dedications. The City Council accepts all streets and alleys located in Fayetteville that have been previously approved and accepted as dedications by the Fayetteville Planning Commission. The City Council confirms the acceptance of all such streets and alleys dedicated by developers/owners to the city which have been approved by the Fayetteville Planning Commission. (Code 1965, App. C., Art. II, §§A -D; Ord. No. 1750, 7-6-70; Ord. No. 2581, 12-4-79; Ord. No. 2789, 1-18-82; Code 1991, §§159.010; 159.11(C), 159.12, 159.13; 159.14; Ord. No. 3781, §1, 4-19-94; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4350, §1, 11-20-01) Cross references) -Bonds and Guarantees, Ch. 158; Fees, Ch. 159. (E) Lot splits. (1) Application for approval. When a property is to be subdivided into only one new lot, the application shall be submitted to the Zoning and Development Administrator and consist of the following: (a) Application. Application for lot split approval. (b) Fee. Payment of lot split fee. roval. When the final plat has been (c) Survey. A survey, certified by a (5) Afters PP registered surveyor or registered approved by the Subdivision Committee or engineer of the property proposed for the Planning Commission, the subdivider division. Said survey shall indicate the shall submit the following to the Zoning and acreage of all proposed lots. Development Administrator. (2) Submittal. Application for lot split approval (a) Two original reproducible transparent shall be submitted at least 15 days prior to . mylars: the meeting of the Planning Commission at which consideration is requested. CD166:5 • Fayetteville Code of Ordinances • (3) Subdivision Committee approval. The procedure for a lot split shall follow that of the preliminary plat. A lot split may be approved by the Subdivision Committee. (4) Administrative approval. The Zoning and Development Administrator may grant a lot split if the property meets the following requirements: (a) First division: three (3) acres, each lot. (b) Second and third divisions: five acres, each lot. (c) No. dedication of street right-of-way is required (5) After approval. The applicant shall submit to, the Zoning and Development Administrator the copies of the lot split as required by the Zoning and Development Administrator. (F) Property line adjustment. A transfer or adjustment of a property line between adjoining property owners which does not create a separate, new lot shall be approved by the Zoning and Development Administrator for conformance with existing zoning requirements for lot width, lot area, setback requirements, and buildable area. Sec. 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 review and approval: (1) General. r 15 r C m r a m = C r ma go w 6 is0 as c�a a� �a Name, address, zoning and property lines of all property owners adjacent to the exterior boundaries of the °} C. = $ n v' =m o2 2c dr fA0 is ii0E Q.:3 _ja project. Name, address, telephone numbers of owner(s), X X X X X X developer(s) and project representatives North arrow, scale (graphic and written),date of X X X X X preparation zoning classification, and proposed use. Title block located in the lower right hand comer indicatig the name and type of X X X X X project, scale, fine or individual preparing drawing, date and revisions. Provide a complete X X X X X and accurate legend A vicinity map of the project with a radius of 1.5 miles from the project. This map shall include any X X X X X X Master Street Plan streets as well as the 100 year flood plain bounds . Street right-of-way lines clearly labeled. The drawing shall depict any future R.O.W. needs as determined by the AHTD and Master X X X X X X Street Plan. Future R.O.W. as well as existing R.O.W. and center lines should be shown and dimensioned. The location of all X X X X X existing structures. Site coverage note indicating the percentage of site x that is covered by both buildings and surfaced area. (2) Legal description. C CD166:6 TITLE XV. UNIFIED DEVELOPMENT CODE • • • - E a C o C rn mo m am s Iz m OF aJ o J N Je. Written legal descriptions including area In square feet or acres that read clockwise (Note: If the project X X x x x x is contained. in more than one tract, the legal for each individual tract and a total tract description must be provided.) Boundary survey of the property shown on the plat. The surveyor shall seal, X X X x X X sign and date the survey. The survey shall be tied to state ' plan coordinates. Provide a benchmark, dearly defined with an accuracy of 1/100'. This benchmark must betied to USC X x x x x & GS Datum. Benchmarks include but are not limited to the following: fire hydrant, man hole, etc. Point -of -beginning from a permanent well-defined reference point This X X X X X X P.O.B. shall be dearly labeled on the drawing. Each plat shall have 2 points described in State Planes Coordinates, x x x x x x Arkansas, North, North American Datum, 1983 (MAD 83) Curve data for any street which forms a X X X project boundary. ; (3) Floodplain/floodways/wetlands. r - m c _ ag n E« Ea a c c — ° o J o mN 1 1 IL O n. a J J a Show 100-yr floodplain and/or X X X X floodway and based flood elevations. Reference the FIRM panel number and effective date. Note regarding wetlands, if applicable. Not if , Anny Corps of x x x Engineers determination is in progress. CD166:7 • Fayetteville Code of Ordinances • 4) Topographic information. (5) Tree protection /landscaping. ! a n rn E 0. 3 � dam a rn i C 4 a asa U. ()&0J Existing and proposed. topographic information with source of the---------- infornation noted. Show:-- a. Two foot contour intervals for X X ground slope between level and ten - - --- --- percent. b. Five foot contour interval for ground slope exceeding ten percent. Spot elevations at grade breaks along existing road centerlines, gutter X X lines and top of curbs or edge of pavement Contours of adjacent land within 100 feet X X of the project shall also be shown. L it rat C _ E . a m c-- nmrr a m Q+� a`ii aL vii a`_i �a Delineate trees to be retained on -site and the measures to be X X X X implemented for their protection. Clearly depict the limits of soil disturbance to include all areas to be X X X X graded both on and off - site. Show proposed location X X X X of all utilities. Landscape proposals for parking lots and/or tree replacement requirements shall include proposed plant species and size. Existing and proposed utility lines shall be shown on the plan. State X X X X the method for irrigating the plant material on the plan. When an ordinance requires shrubs or other screening material, show the layout of planting beds. I • CD166:8 TITLE XV. UNIFIED DEVELOPMENT CODE • (6) Utilities— existing. I ryry� . F C A C. r4 Ew c m om u1 Q+O a = as IL 0o &J aQ a Q.Q. IL U a a` .c W a to be utilized, provide a table of Show on the drawing acreage and all known on -site and percolation rates. off -site existing Water systems, on or utilities and near the site: easements — — - - a. Provide pipe (dimensioned) and X X X X X locations, provide the types, and structure's locations, sizes types, and condition b. Note,the static and note them as pressure and X X X X X X existing' on the plat. Clow of the Existing easements nearest shall show the name hydrant if of the easement requested. holder, purpose of c. Show location the easement, and of proposed the book and page I fire hydrants number for the X X X X X X and meters. easement If an Underground or easement is blanket surface utility or indeterminate in transmission lines: nature, a note to this (Note: This category effect shall be placed includes, but is not on the plat or plan. limited to Telephone, Electrical, Natural (7) Utilities — proposed. Gas, and TV Cable) a. Locations of all related m structures m c (pedestals, E n m $ n poles.eta) m to !?o b. Locations of all ` a LL O a a 7o coa lines (note o whether the X X X Show all storm line is below or sewer structures, above ground) sanitary sewer c. A note shall be structures and placed where drainage structures: streets will be a. Provide X X placed under structure the existing locations and overhead types facilities and b. Provide pipe the types and sizes approximate Sanchange in systems:dary sewer grade for the a. Provide pipe proposed locations, street sizes, and X X X X X types b. Manhole locations of rim and invert elevations Note the occurrence of any previous overflow problems X X X on -site or in the .promm' of the site. If a se is s stem is X X X CD166:9 • Fayetteville Code of Ordinances • Q0 U. Ua a7 .19ia State the width, location, and purpose of all proposed easements or rights of way for utilities, drainage, sewers, --flood ---- X X --X- X X control, -- ingress/egressor- ----X -- -_.. ... .... other public _ purposes within and .- adjacent to the project. (8) Streets %right-of-ways / easements. I- E ' as m LL C c W 0 a¢ p m N m LsO M The location, widths, grades, and names of all existing -ant - proposed streets (avoid using first names of people for new streets), alleys, paths, and other rights -of- way, whether public or private, within and adjacent to the X X X X X X project; private easements within and adjacent to the project; and the radius of each centerline curve. Private streets shall be dearly indicated and named. Names of streets should be approved by the 911 Coordinator. . S E as a r^ iL C cia m¢ e Q. a s d in �a A layout of adjoining property (within 300') in sufficient detail to show the effect of proposed and existing streets. (including those -on--- -- -- - -- — the master street - plan), adjoining -lots,' and off -site X X X easements. This information can be obtained form the Master Street Plan, -- Aerial Photos, and the City Plat Pages located in the Planning Office if reauested. The location of all existing and proposed street lights (At every intersection, cube- X X X sac & every300' and associated easements to serve each light.) (9) Subdivision of land. t C E a oQ C as IL 00.0._i J Ja The lot layout, the dimensions of each lot, number of each lot, total area in square footage or acreage to the nearest one - hundredth (1/100th) acre of each lot, and the approximate X X X finish grade where pads are proposed for building sites. Lots shall be numbered consecutively for all phases. The total number of lots shall be indicated on the lat. For phased X X development, a plat showing all phases is reqUired. 0 III CD166:10 TITLE XV. UNIFIED DEVELOPMENT CODE (10) Site specific information.' .Z C E.. W N I_ C N W c p A O C C 1p IL E a �a w fl IL U4 aJ J Jd d` a a o a a$ km a For large scale non- residential Provide a note of development, any known existing indicate the gross X erosion problems on- X X floor area, and if for site or within 300' multiple uses, the downstream of the floor area devoted to pro each of use: The location of The location and known existing or size of existing and X X X X X abandoned water proposed signs, if wells, sumps, any. cesspools, springs, X X X X X X The location and water mpoundments, number of bike racks . X and underground provided and structures within the required. r ect. Location, size, location of I surfacing, wn existing or landscaping, and pposed ground I arrangement of leases or access parking and loading agreements, if X X X X X X areas. Indicate known. (e.g. shared pattern of traffic flow; X parking lots, drives, include a table areas of land that will showing required, - be leased provided, and The location of all handicapped known potentially accessible parking dangerous areas, spaces. Including areas Location and width subject to flooding, of curb cuts and slope stability, driveways. settlement X X Dimension all excessive noise, driveways and curb X previously filled cuts from side areas and the means property line and of mitigating the surrounding hazards (abatement Intersections. wall, signage, e, etc.). Location of buffer The boundaries, strips, fences or acreage, and the use screen walls, where of existing and required (check X X X proposed public Unified Development areas in and Code for specific adjacent to the X X X requirements). project. If land is to Indicate location and be offered for type of garbage dedication for park service. Dimension X X .and recreation turnaround area at purposes it shall be dumpster location. designated. A description of For large scale commonly held X X X residential areas, if applicable. development Draft of covenants, indicate the use and X conditions, and X X X X X X list in a table the restrictions, If any. number of units and A written description bedrooms. of requested waivers X X from any city requirement. S CD166:11 • Fayetteville Code of Ordinances 10 C E a`a N a LL d = Ua T.. m¢ a`:=r 0. 3 ai V 3 dr .10ia Show required building setbacks. Provide a note on the plat of the current setback requirements for the subdivision. A X X X X X X variance is necessary from the Board of Adjustment for proposed setbacks less than those set forth in the zoning district. 54) Preliminary grading and drainage plans and X X X reports as required in the City Engineer's Office. (11) Other requirements. E ai E m 0. c ' g 10 ¢ a a) O. I Q.0 U. O0.0._i 3 _ia Any other data or reports as deemed necessary for project review by the Zoning X X X X X X and Development Administrator, City Engineer or Planning Commission. Signature block to certify approval of X streets, drainage and utility easements Signature block to certify approval of X water and sewer system. Signature block to certify approval of X building setback dimensions. Signature block certifying approval X X X for recording. Signature block certifying approval of X Tree Preservation and Protection. Signature block certifying approval of X X park land dedication or money in lieu. Signature block X certifying approval of utility easements. Signature block certifying ownership, X X title and dedication. Signature block certifying survey and X X accuracy. (12) Easement plat. rC. m¢ E • r a ai o C r 1 m n LM ro as WS 0o aZ 3 3a Prior to the issuance of a building permit for a large scale development, an easement plat shall be filed of record in X the office of the circuit clerk dedicating all required easements and rights -of -way. (C) Signatures required. The final plat or concurrent plat may be signed by any officer of the Planning Commission. (D) Number of plats. The Zoning and Development Administrator may request additional copies of plats if the amount required by this chapter is not sufficient for distribution to the various committee members. (Code 1965, App. C., Art. II, §§ F —H; Ord. No. 2581, 12-4- 79; Code 1991, §§ 159.16-159.18; Ord. No. 4100, § 2 (Ex. A), 6-16-98) Sec. 166.03. Required on -site improvements — subdivisions in city limits. Before the Planning Commission may grant final plat approval for a subdivision inside the city limits, 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: (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 'A inche 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. 0 CD166:12 TITLE XV. UNIFIED DEVELOPMENT CODE shall be installed and individual connections • (D) Curbs and gutters. Curbs and gutters according shall. be made prior to the paving of the to existing city standards and specifications as street, if possible. adopted by the City Council. (3) Fire hydrants. Fire hydrants for single-family (E) Sidewalks. Sidewalks shall be installed, dwellings and duplexes shall be installed so according to existing city standards and that the distance between two consecutive specifications as adopted by the City Council and fire hydrants does not exceed 800 feet, and shall be set four feet back from the curb where no lot is more than 400 feet from a fire practicable. The construction of all sidewalks hydrant. Fire hydrants for apartment shall be inspected by the City Engineer or his complexes, commercial structures, and designee to ensure compliance with city ._industrial structures shall be installed so that specifications. The developer shall guarantee the distance between two consecutive fire the sidewalk installation according to §158.01. hydrants does not exceed 600 feet; provided, the fire chief shall have the (F) Storm drainage system. authority to require additional fire hydrants upon a determination that such additional fire (1) The subdivider shall install storm drainage hydrants are necessary to provide adequate facilities, including drains, sewers, catch fire protection. The fire chief shall develop basins, and culverts necessary for the proper written criteria to be applied in determining drainage of all surface water, whether additional fire hydrants shall be required. (2) All drainage facilities shall be so designed to serve the entire drainage area. (I) Sanitary sewer system. (3) All surface water drainage shall be (1) Public sanitary sewer accessible. Where a transported to existing storm sewers, public sanitary sewer is reasonably drainage facilities, or natural drainage accessible, the subdivider shall connect with ditches approved by the City Engineer. such sewer, and each lot within the subdivision shall be provided with a (4) The City Engineer shall approve all drainage . connection thereto. All connections shall be • features. subject to the approval of the City Engineer. Individual service lines shall be installed, and (G) Culverts and bridges. Culverts and bridges shall individual connections shall be made prior to be installed where needed in accordance with the paving of the street, if possible. existing State Highway Department standards and specifications. (2) Public sanitary sewer not accessible. Where a public sanitary sewer is not reasonably (H) Water supply. accessible, the subdivider shall be required to install a community sewage system, as (1) Accessible public water supply. When an defined by Act 402 of the 1977 Arkansas approved public water supply is reasonably General Assembly, in compliance with state accessible, the subdivider shall install a I health departments standards and system of water mains and shall connect to regulation; provided, if a community sewage such supply so that each lot within the system is not reasonably available or subdivision shall be provided with a economically feasible, and the subdivision connection to said public water supply. All has been platted so that each lot has a connections shall be approved by the City minimum gross area of one and one-half Engineer. Individual service lines shall be acres, an individual sewage disposal system installed, and individual connections shall be for each lot may be used; for lots having a made prior to the paving of the street, if gross area of less than one and one-half possible. acres, an individual sewage disposal system may be used for each individual lot when a (2) Nonaccessible public water supply. Where permit for a septic system is granted by the an approved public water supply is not Arkansas. Department of Health. Individual reasonably accessible, any private water service lines and connections shall be supply system proposed by the subdivider installed prior to the paving of the street, if must be approved by the county sanitarian possible. The minimum gross area and the City Engineer in order to assure that requirement prescribed hereby for an the private water supply system will provide individual sewage disposal system shall not an adequate supply of potable water to every apply to any subdivision for which an • lot in the subdivision. Individual service lines [€'1I%K] • Fayetteville Code of Ordinances • approved plat has been filed of record prior suitable for park purposes and the to July 5, 1977. proposed dedication is consistent with the Fayetteville Parks and Recreation State law reference(s)—Arkansas Sewage Disposal Plan. Systems Ad,' A.C.A. §14-236-101 etseq. (e) Approval, The Planning Commission's (J) Streetlights. Standard 8,000 lumen mercury decision must be incorporated into the vapor or low-pressure sodium streetlights shall developer's preliminary plat or large be installed at each intersection or cul-de-sac scale development plan prior to plat or and along one side of each street or cul-de-sac at plan approval. intervals of no more than 300 feet; provided, streetlights of higher intensity may be required at (f) Dedication ratios. Land shall be intersections with collector streets or arterial dedicated at a ratio of .024 acre of land streets. for each single-family dwelling unit, .017 acre of land for each multi -family (K) Park land dedication. dwelling unit, and .024 acre of land for each mobile home dwelling unit (1) Subdivision, permitted under Zoning, Chapters 160- 165. (a) Dedication or fee -in lieu. When a proposed subdivision does not provide (g) Fee -in -lieu formulas. A contribution in an area or areas for a public park based lieu of land dedication shall be made on the Fayetteville Parks and according to the following formula: Recreation Plan, the developer shall be required to make a reasonable $555 for each single-family unit, dedication of land for public park $393 for each multi -family unit, and facilities, or to make a reasonable $555 for each manufactured home equivalent contribution in lieu of unit dedication of land, such contribution to be used for the acquisition and permitted under the City's zoning development of park land that serves regulations. The Parks Department shall the subdivision or development, review the contribution formula every two (2) years and make (b) Parks and Recreation Advisory Board. recommendations to the City Council Prior to the submittal of a preliminary following such review. plat or large scale development plan, the developer shall submit to the Parks (h) Less than maximum density. If the and Recreation Advisory Board a developer legally restricts the number of concept plat or plan. dwelling units to be constructed to less than the maximum density permitted by (c) Planning Commission. The developer zoning. Chapters 160 through 165, and the Parks and Recreation Advisory required land dedication or cash Board shall make a joint contribution in lieu thereof shall be recommendation to the Planning based upon actual density. Commission as to the land dedication or contribution in lieu of dedication. In the (i) Dedication in excess. If a developer event that they are unable to agree, the dedicates park land which exceeds the developer and advisory board shall requirement of this subsection, the make separate recommendations to the Planning Commission may grant the Planning Commission who shall developer a credit equivalent to said determine the issue. excess. Said credit shall be applied toward the developer's obligation under (d) Decision. The Planning Commission this subsection for any subsequent shall determine if the developer will development located in the same park dedicate land or contribute money in lieu of dedication. No land dedication will be quadrant. (2) Timing of dedication and/or contribution. All accepted as a public park unless it is dedications of land must be made before determined by the Planning final plat approval or large scale Commission, after consultation with the development approval. A final plat shall not Parks and Recreation Advisory Board, be released for recordation until the deed for that the physical characteristics of the a land dedication is received. Deeded land site, and its surroundings make the site is dedicated public park land and not subject CD166:14 TITLE XV. UNIFIED DEVELOPMENT CODE • to any right of reversion or refund. A cash contribution in lieu of . required land 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 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 therefore is made in writing to the Zoning and Development Administrator 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 case contribution_ the developer must make an additional land dedication or contribution in lieu of dedication. park in which the required dedication of land for public park facilities pursuant to (K)(1) through (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) Requirements. The Parks and Recreation Advisory Board shall ensure that the neighborhood park meets these requirements. (i) The physical characteristics of the designated land are suitable for park purposes. (3) Applicability. The requirements of this (ii) The proposed park areas and any subsection shall apply to lot splits, replats of included recreational facilities are subdivisions and large scale developments: sufficient to adequately serve the provided, said requirements shall not apply residents of the development/ to a lot split or replat which does not create neighborhood. one or more vacant lots on which a structure could be erected under the citys zoning (iii) Adequate sidewalks, trails, and/or • regulations. bikeways shall provide access for all residents of the subdivision/ (4) Fee -in -lieu allocation. All money received neighborhood to the park, but no under this subsection shall be deposited in vehicle parking shall be required. an interest bearing account. Said money together with the interest, shall be expended (c) Fee -in -lieu. The developer does not within three calendar years of the last date of have the discretion to pay a cash the calendar year in which it was received for contribution in lieu of the dedication of the acquisition and development of park land land for the establishment of this that services the subdivision for which a neighborhood or subdivision park. contribution in lieu of dedication has been However, if the Parks and Recreational made. If said money has not been expended Advisory Board determines that a within the three-year period, said money, neighborhood park is not feasible or together with the interest thereon, shall be advisable, it may recommend to the City refunded to the developer who made the Council that a cash contribution contribution, pursuant to ordinance be accepted in (5) Exemption. The requirements of this lieu of land dedication. The City Council subsection shall not apply to any will either accept the recommendation development where the subdivision plat was for a cash contribution or return the filed of record after September 12, 1960, and subdivision plat to the Parks and before January 20, 1981.. Recreation Advisory Board with instructions or for further study. (6) Major development. (a) Process. In addition to the procedure (d) Coordination with adjacent properties. provided herein and other requirements When it appears to the Planning found in the Code of Fayetteville, a Commission that one or more adjoining developer of a major development shall subdivisions or large scale include on his/her concept plan, developments are being developed, preliminary plat and final plat a planned, or in the near future will . proposed neighborhood or subdivision probably be developed so that the total CD166:15 SFayetteville Code of Ordinances area or. housing units meet the (b) All drainage facilities shall be so requirements of a major development, designed to serve the entire drainage • the Planning Commission may notify the area. owners/developers that their subdivision or developments shall be considered a (c) All surface water drainage shall be major development and require transported to existing storm sewers, coordination among the owners/ drainage facilities, or natural drainage developers to develop a neighborhood ditches approved by the City Engineer. park pursuant to this section. (d) The City Engineer shall approve all (Code 1965, App. C., Art III, §A(1); Ord. No. 2695, 1-20-81; drainage features. Ord.. No. 3080, 4-2-85: Ord. No. 3201, 8-5-88: Ord. No. 3315, 11-17-87; Code 1991, §§159.05, 159.30k.; Ord. No. (6) Culverts and bridges. Culverts and bridges 3578,_71=19-91;.Ord. No. 3615, §1, 6-2-92; Ord.'No. 3738, shall be installed where needed in §1, 11-16-93; Ord. No. 3793, §1, 5.17-94; Ord. No. 3797, §i, accordance with existing Arkansas State 5-17-94; Ord. No. 4068, §1, 11497; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4199,11-2-99 Highway Department standards and specifications. Cross reference(s)—Variance, Ch. 156; Appeals, Ch. —155;-Bonds and Guarantees, Ch. 158. (7) Water supply. Sec. 166.04. Required on -site improvements (a) Accessible public water supply. When subdivisions in planning area, an approved public water supply is reasonably accessible, the subdivider (A) Requirements. Before the Planning Commission shall install a system of water mains and may grant final plat approval for a subdivision shall connect to such supply so that located within the city's designated planning each lot within the subdivision shall be area, the subdivider shall have installed, or shall provided with a connection to said public have made a guarantee of in lieu of installation, water supply. All connections shall be as provided by Chapter 158, either at his approved by the City Engineer. expense or in accordance with the existing policy Individual service lines shall be installed, of the city, the following improvements: and individual connections shall be • made prior to the paving of the street, if (1) Monuments. Reinforced concrete monu- possible. ments 4 inches x 4 inches x 30 inches at quarter section comers and subdivision (b) Nonaccessible public water supply. comers. Where an approved public water supply 2 Lot stakes. Metal stakes 12 inch x 30 is not reasonably accessible, any private ( ) water supply system proposed by the inches at all lot comers, points of tangency, subdivider must be approved by the points of curvature and angles in property county sanitarian and the City Engineer lines or easements. • in order to assure that the private water (3) Streets. Street grading, base, and paving supply system will provide an adequate supply of potable water to every lot in according to existing city standards and the subdivision. Individual service lines specifications as adopted by the City shall be installed, and individual Council. connections shall be made prior to the paving of the street, if possible. (4) Curbs and gutters. Curbs and gutters according to existing city standards and (8) Sanitary sewer system. specifications as adopted by the City Council. (a) Public sanitary sewer accessible. Where a public sanitary sewer is (5) Grading and storm drainage system. reasonably accessible, the subdivider shall connect with such sewer, and each (a) The subdivider shall install storm lot within the subdivision shall be drainage facilities, including drains, provided with a connection thereto. All sewers, catch basins, and culverts connections shall be subject to the necessary for the proper drainage of all approval of the City Engineer. Individual surface water. service lines shall be installed, and individual connections shall be made prior to the paving of the street if • possible. CD166:16 •TITLE XV. UNIFIED DEVELOPMENT CODE • . (b) 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 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; 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. A copy of the Arkansas Department of Health permit granted for each lot shall be provided at the time the application is submitted for subdivision or lot split approval for all lots less than one and one-half acres. Existing septic —systems, sewage disposal fields (leach fields), alternate disposal fields required • by state law and water wells on -site or off -site within 100 feet shall be shown on all proposed subdivisions and lot splits. 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 on record prior to July 5, 1977. • State law referenee(s)-'Arkansas Sewage Disposal Systems Acct? A.CA. §14236-101 et seq. (B) Exceptions to required improvements for subdivisions in the planning area. (1) The following improvements shall not be required in a subdivision in the planning area 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. (b) Curbs and gutters according to existing • city standards and specifications as adopted 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 1965, App. C., Art III, § A(2), (3); Ord. No. 1979, 2-5- 74; Ord. No. 2353, 7-5-77; Ord. No. 2755, 9-1-81; Code 1991, §§ 159.31. 159.32; Ord. No. 4100, § 2 (Ex. A), 6-16- 98; Ord. No. 4263, 8-1-00) Cross reference(s)—Bonds and Guarantees, Ch. 158. Sec. 166.05. Large Scale Development (LSD). (A) Requirement The development of the following must be processed in accordance with the requirements for a large scale development: (1) a lot or parcel larger than one acre; (2) a lot or parcel in the Design Overlay District; (3) a Planned Zoning District; or (4) facilities emitting odors or handling explosives. (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, except Planned Zoning Districts. (C) Building permit. Before a building permit for a large scale development may be issued, the developer shall: CD166:17 (1) Development plan. Submit a development plan to the Zoning and Development Administrator 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 • Fayetteville Code of Ordinances • inches. The vicinity map need not be drawn requirements, of the Master Street Plan for to scale. said streets; provided, the Planning Commission may recommend a lesser (2) Site location map. The site location map dedication in the event of undue hardship or shall depict the following: practical difficulties. Such lesser dedication shall be subject to approval by the City (a) The size and shape of the property on Council. which the development is to be located. (7) Miscellaneous requirements. (b) The location, size and arrangement of existing buildings, signs, outdoor (a) Comply with those requirements of advertising, and other improvements, §166.03 through §166.04 of the water courses, ponds and streams, and development regulations pertaining to any other distinctive or unusual features streets, surface drainage system, water that will remain after the development is system, sanitary sewer systems; and, if completed. the development is multi -family housing, said requirements pertaining to public • (c) The location, size and arrangement of parks; and install a sidewalk adjacent to proposed buildings or additions, parking all abutting streets or highways in and loading areas, and the type of accordance with city specifications for surfacing proposed for such areas, sidewalk construction. streets, driveways, curb cuts, community facilities, pedestrian ways, (b) The developer may be required to install and open spaces. off -site improvements, where the need for such improvements is created in (3) Legal description. A correct legal description whole or in part by the proposed large of the property located within the large scale scale development. For purposes of development, and a correct legal description, this section, an off -site improvement certified by an abstractor or surveyor; of shall mean all or any part of, a street, street right-of-way dedications and vacations surface drainage system, water system, and utility and drainage easements. or sanitary sewer system, which is to be installed on property located outside the (4) Vicinity map. The vicinity map shall depict proposed large scale development. the following: (c) Any required off -site improvements shall (a) The location and name of any street be installed according to city standards. which abuts or intersects the large scale The developer shall be required to bear development; and, that portion of the cost of off -site improvements which bears a rational (b) The location and name of any other nexus to the needs created by the large street, building or landmark necessary scale development. to clearly indicate the location of the large scale development. (d) The Subdivision Committee or Planning Commission may refuse to approve a (5) Preliminary street and drainage plans. large scale development for any of the (Required only where the developer following reasons: proposes new streets or an alteration in the existing street plan.) Submit to the Zoning (i) The development plan is not and Development Administrator for review by submitted in accordance with the the Plat Review Committee preliminary requirements of this section. street and drainage plans, showing alignment of streets and direction of flow of (ii) The proposed development would storm and sanitary sewers in relation to violate a city ordinance, a state topography. Where an official street and statute, or a federal statute. drainage plan exists, it shall be submitted for purposes of comparison. (iii) The developer refuses to dedicate the street right-of-way, , utility (6) Dedication of right-of-way. Dedicate easements or drainage easements sufficient right-of-way to bring those streets required by this chapter. which the Master Street Plan shows to abut or intersect the large scale development into (iv) The proposed development would conformance with the right-of-way create or compound a dangerous C • C CD166:18 TITLE XV. UNIFIED DEVELOPMENT CODES traffic condition. For the purpose of this section, a "dangerous" traffic (2) Major modifications. In the event that a condition shall be construed to developer wishes to make major mean a traffic condition in which the modifications to an approved development, risk of accidents involving motor such modifications shall be submitted to the vehicles is significant due to factors Subdivisions Committee in a form which such as, but not limited to, high compares the approved submission with the traffic volume, topography, or the desired changes. After submission, the nature of the traffic pattern. Subdivision Committee shall approve or disapprove the requested modifications at its (v) City water and sewer is not readily next meeting. available to the property within the large scale development and the (G) Excluded developments. The following large developer has made no provision scale developments shall be excluded from the for extending such service to the requirements of this section. development. (1) Single-family. A single-family residence, an (vi) The developer refuses to comply addition to a single-family residence, or an -- — -- -with subsection (7)(b) and (c) accessory structure for a single-family pertaining to required on -site and residence; • off -site improvements. (2) Additions. An addition to an existing 1 (0) Certificate of occupancy. No certificate of structure if the addition will not: occupancy shall be issued until the improvements required by subsection (7)(a), (b), (a) Exceed 10,000 square feet; or and (c) are installed to city specifications. (b) Require more than 25 additional parking (E) Completion of development/as building plot plan, spaces under the provisions of Chapter -Upon—completion of the development, the 172, Parking and Loading; or developer shall file with the Zoning and Development Administrator an "as built' plot plan (c) Require a change in existing ingress or for the large scale development showing: egress. (1) The location of all buildings and the setback (3) Additional structure. An additional structure distance for said buildings from street right- when erected as part of an existing of -way and adjoining property lines; development, subject to the limitations of (G)(2) above. (2) The location of any freestanding signs and the setback distance of said signs from (4) Prefabricated accessory buildings. A street right-of-way and adjoining property prefabricated, movable accessory building. lines; (H) Building and moving permits. If a large scale (3) The location, number, dimensions, and development (LSD) which is excluded from the surfacing of all parking spaces and of all requirements of this section meets the screens or fences; and requirements of a building and moving permit immediately upon determination that the (4) The location and size of all water, sewer, development will not conflict with the city's gas, electric, telephone, and television cable Master Street Plan, provided, if the city water and lines, sewer service is not available to the development, no building or moving permit shall (F) Modifications, be issued until water supply and waste disposal system proposed for the development has been (1) Minor modifications. The Zoning and approved by the City Engineer. Development Administrator may authorize minor modifications in an approved large (Code 1965, App. A., Art. 8(11), App. C., Art IV; Ord. No. scale development. Minor modifications shall 1747, 6-29-70: 1750, 71x70; Ord. No. 1999, 5-7-74; Code include, but not be limited to, substitutions of 1991, §§ 159.54, 160.120; Ord. No. 3925, § 6, 10-3-95; Ord. one approved structural type for another or No. 4100, § 2 (Ex. A), 6-16-98) minor variations in placement of buildings in Cross reference(s)—Boards and Committees, Ch 33; such a way that the overall limits of approved Appeals, Ch. 155; Fees, Ch. 159; Notification and Public floor area, open space or rooms per acre are Hearings, Ch. 157. not increased. CD166:19 • Fayetteville Code of Ordinances • Sec. 166.06. Planned Zoning Districts (PZD). subdivision approval as set forth in 166.01 Subdivision Approval. (A) Applicability. To be considered for a planned zoning district, the applicant shall meet all of the following criteria: (1) Location. Eligible properties include those located within the city limits. (2) Ownership. Eligible applicants for preliminary plan review shall be a landowner of record or an authorized agent. The approved .development plan shall be binding on all subsequent owners of the land until revised or modified. (3) Size. There shall be no minimum tract size 'for a PZD application. (B) Application. The initial application for a PZD shall include the following items: (1) Application. Complete application form to request a PZD. (2) Copies. Copies of a development plan in accordance with the submission requirements on the project application form. Copies of a preliminary plat if a subdivision of land is proposed in accordance with the preliminary plat application form. (3) Fee. Applicant shall pay all, required filing fees for a planned zoning district as set forth in Chapter 159 Fees of the UDO. If a subdivision of land is proposed, a fee for the preliminary plat shall also be paid. (C) Review and approval procedures. (1) Pre -application meeting. Before submitting an application the landowner or authorized agent shall confer with the Planning Division in order to become familiar with the development review process. The staff shall inform the applicant of any perceived problems that may arise. A further purpose of the pre -application meeting is to make sure the applicant has, or will be able to, submit the necessary information for filing the application. The intent of this conference • is to provide guidance to the applicant prior to incurring substantial expense in the preparation of plans, surveys and other data required in a preliminary plan. (2) Planning Commission. All planned zoning district applications shall follow the procedures for large scale development as set forth in §166.05 Large Scale Development. If a subdivision of land is proposed, the applicant shall obtain (3) City Council. If the development plan is approved by the Planning Commission, it shall be forwarded to the City Council for review. The City Council may grant or deny as submitted, or as_they may so amend, defer for requested changes or more information, or return the application to the Planning Commission for further' study. The applicant shall not modify to a design other than that reviewed by the Planning Commission prior to City Council review. The City Council may direct Planning Commission to reconsider specific aspects of the plan. If the development plan is approved, an ordinance shall be prepared which incorporates the plan and conditions. (4) Appeals. Appeals from the action of the Planning Commission shall be in accordance with Chapter 155 Appeals of the UDO. (5) Repeals. The owner of an approved planned zoning district may, for cause, request repeal of the ordinance establishing the development when it has been determined that the development will not occur. A written request may be filed with the city clerk at any time up to three (3) years after the date of adoption of the ordinance creating the planned zoning district. The request shall be addressed to the Mayor and City Coundl, setting forth the cause for repeal. The request shall be set for a public hearing at the earliest possible time to expedite the required action. The owner of the subject planned zoning district zoned land shall provide notice of hearing to adjacent property owners. Notice to others as required by law shall be provided by city staff and signs shall be posted. (D) Development standards, conditions and review guidelines (1) Generally. The Planning Commission shall consider a proposed PZD in light of the purpose and intent as set forth in Chapter 161 Zoning Regulations, and the development standards and review guidelines set forth herein. Primary emphasis shall be placed upon achieving compatibility between the proposed development and surrounding areas so as to preserve and enhance the neighborhood. Proper planning shall involve a consideration of tree preservation, water conservation, preservation bf natural site amenities, and 0 W CD166:20 TITLE XV. UNIFIED DEVELOPMENT CODE • the protection of watercourses from erosion and siltation. The Planning Commission shall determine that specific development features, including project density, building locations, common usable open.space, the vehicular circulation system, parking areas, screening and landscaping, and perimeter treatment shall be combined in such a way as to further the health, safety, amenity and welfare of the community. To these ends, all applications filed pursuant to this ordinance shall., be reviewed in accordance with the same -general review guidelines as those utilized for zoning and subdivision applications. (2) Screening and landscaping. In order to enhance the integrity and attractiveness of the development, and when deemed necessary to protect adjacent properties, the Planning Commission shall require landscaping and screening as part of a PZD. The screening and landscaping shall be provided as set forth in §166.09 Buffer Strips and Screening. As part of the development plan, a detailed screening and landscaping plan, shall be submitted to the Planning Commission. Landscape plans shall show the -general location, type and quality (size, and age) of plant material. Screening plans shall include typical details of fences, berms • and plant material to be used. (3) Traffic circulation. The following traffic circulation guidelines shall apply: (a) The adequacy of both the internal and external street systems shall be reviewed in light of the projected future traffic volumes. (b) The traffic circulation system shall be comprised of a hierarchal scheme of local collector and arterial streets, each designed to accommodate its proper function and in appropriate relationship with one another. (c) Design of the internal street circulation system must be sensitive to such considerations as safety, convenience, separation of vehicular and pedestrian traffic, general attractiveness, access to dwelling units and the proper relationship of different land uses. (d) Internal collector streets shall be coordinated with the existing external street system, providing for the efficient flow of traffic into and out of the planned zoning development ,(e) Internal local streets shall be designed, to discourage through traffic within the planned zoning development and to adjacent areas. (t) Design provisions for ingress and egress for any site along with service drives and interior circulation shall be that required by Chapter 166 Development of this code. (4) Parking standards.__ -The -..off-street parking and -loading standards found in Chapter 172 Parking and Loading shall apply to the specific gross usable or leasable floor areas of the respective use areas. (5) Perimeter treatment. Notwithstanding any other provisions of a planned zoning district, all uses of land or structures shall meet the open space, buffer or green strip provisions of this chapter of this code. (6) Sidewalks. As required by §166.03. (7) Street Lights. As required by §166.03. (8) Water. As required by §166.03. (9) Sewer. As required by §166.03. (10) Streets and Drainage. Streets within a residential PZD may be either public or private. (a) Public Streets. Public streets shall be constructed according to the adopted standards of the City. (b) Private Streets. Private streets within a residential PZD shall be permitted subject to the following conditions: (I) 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. (ii) Private streets shall be designed and constructed to the same standards as public streets with the exceptions of width and cul-de-sacs as noted below. (iii) All grading and drainage within a Planned Zoning District including site drainage and drainage . for private streets shall comply with the City's Grading (Physical Alteration • Fayetteville Code of Ordinances • of Land) and Drainage (Storm water management) Ordinances. Open drainage systems may be approved by the City Engineer. (iv) Maximum density served by a cul- de-sac shall be 40 units. Maximum density served by a loop street shall be 80 units. (v) The plat of the planned --development shall designate each private street as a '.'private street? (vi). 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 PZD 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. (vii) The 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 PZD 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 PZD 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. (viii) The width of private streets may . vary_. according to the density served. The following standard shall be used: Paving Width (No On -Street Parkinq) Dwelling One -Way Two -Way Units 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. (ix) All of the traffic laws prescribed by Title VII shall apply to traffic on private streets within a PZD. (x) There shall be no minimum building setback requirement from a private street. (xi) The 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 dearly visible to motor vehicular traffic. (11) Construction of nonresidential facilities. Prior to issuance of more than eight building permits for any residential PZD, all approved nonresidential facilities shall be constructed. In the event the developer proposed to develop the PZD 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. (12) Tree preservation. All PZD developments shall comply with the requirements for tree preservation as set forth in Chapter 167 Tree Preservation and Protection. The location of trees shall be considered when planning the common open space, location of buildings, underground services, walks, paved areas, playgrounds, parking areas, and finished grade levels. (13)Commercial design standards. All PZD developments that contain office or commercial structures shall comply with the commercial design standards as set forth in §166.14 Site Development Standards and Construction and Appearance Design Standards for Commercial Structures. (14) View protection. The Planning Commission shall have the right to establish special 0 0 CD166:22 TITLE XV. UNIFIED DEVELOPMENT CODE • height and/or positioning cestrictions where recommendation shall be forwarded to the • scenic views are involved and shall have the City Council for disposition as in original right to insure the perpetuation of those approvals. In the event a PZD is revoked, views through protective covenant the City Council shall take the appropriate restrictions. action in the city clerk's office and the public zoning record duly noted. (E) Revocation. (3) Effect. In the event of revocation, any (1) Causes for revocation as enforcement completed portions of the development or action. The Planning Commission may those portions for which building permits recommend to the City Council that any PZD have been issued. shall be treated to be a approvalbe -.revoked.. and_ all building or whole and effective development. After occupancy permits be voided under the - .-causes-for-revocation or enforcement have following -circumstances:- — ----been-corrected,- -the =City Council shall -- expunge such record as established above (a) Building permit. If no building permit has and shall authorize continued issuance of been issued within the time allowed, building permits. (b) Phased development schedule. If the (F) Covenants, trusts and homeowner associations. applicant does not adhere to the phased • development schedule as stated in the (1) Legal entities. The developer shall create approved development plan. such legal entities as appropriate to undertake and be responsible for the (c) Open space and recreational facilities. If ownership, operation, construction, and the construction and provision of all maintenance of private roads, parking areas, common open spaces and public and common usable open space, community recreational facilities which are shown facilities, recreation areas, building, lighting, on. the final plan are proceeding at a security measure and similar common --substantially slower -rate than other elements —in --a- -development. The city project components. encourages the creation of homeowner associations, funded community trusts or • Planning staff shall report the status of other nonprofit organizations implemented each ongoing PZD at the first regular by agreements, private improvement district, meeting of each quarter, so that_the contracts and covenants. All legal Planning Commission is able to instruments setting forth a plan or manner of compare the actual development permanent care and maintenance of such accomplished with the approved open space, recreation areas and development schedule. If the Planning communally -owned facilities shall be Commission finds that the rate of approved by the City Attorney as to legal construction of dwelling units or other form and effect, and by the Planning commercial or industrial structures is Commission as to the suitability for the substantially greater than the rate at proposed use of the open areas. The which common open spaces and public aforementioned legal instruments shall be recreational facilities have been provided to the Planning Commission constructed and provided, then the together with the filing of the final plan, Planning Commission may initiate except that the Guarantee shall be filed with revocation action or cease to approve the preliminary plan or at least in a any additional final plans if preceding preliminary form. phases have not been finalized. The city may also issue a stop work order, or (2) Common areas. If the common open space discontinue issuance of building or is deeded to a homeowner association, the occupancy permits, or revoke those developer shall file with the plat a declaration previously issued. of covenants and restrictions in the Guarantee that will govern the association (2) Procedures. Prior to a recommendation of with the application for final plan approval. revocation, notice by certified mail shall be The provisions shall include, but not sent to the landowner or authorized agent necessarily be limited to, the following: giving notice of the alleged default, setting a time to appear before the Planning (a) The homeowner's association must be Commission to show cause why steps legally established before building S. should not be made to totally or partially permits are granted. revoke the PZD. The Planning Commission CD166:23 • Fayetteville Code of Ordinances • (b) Membership and fees must be within the city's planning area shall be mandatory for each home buyer and determined by the county. In determining successive buyer. that portion of the cost of off -site improvements which the subdivider shall be (c) The open space restrictions must be required to bear the Planning Commission permanent, rather than for a period of shall consider the acreage within the years. proposed subdivision as a percentage of all the acreage which, when fully developed, will (d) The association must be responsible for benefit from the off -site improvements; the maintenance of recreational and provided, the Planning Commission may use other common facilities covered by the a different method of measurement if it agreement and for all liability insurance, _determines that use. of the acreage standard local taxes and other public will not result in the subdivider bearing that assessments. - portion of the cost which bears a rational nexus to the needs created by the (e) Homeowners must pay their pro rata subdivision. share of the initial cost; the maintenance assessment levied by the association (B) Delayed improvements. must be stipulated as a potential lien on the property. I Cross reference(s)—Bonds and Guarantees, Ch. 158; Variances, Ch. 156. (f) The association must be able to adjust (C) Determining necessity for off -site improvements. the assessment to meet changing needs. (1) When a proposed subdivision has access to Sec. 166.07. Required off -site improvements, paved streets or roads only by way of substandard or unimproved roads or streets (A) Generally. Required of subdivider, leading from the subdivision to the paved __streets or roads, the subdivider shall be (1) Description. The subdivider shall be required responsible for contributing this to install off -site improvements where the proportionate share of the cost of improving need for such improvements is created in the substandard access roads or streets. to whole or in part by the proposed subdivision, existing city or county standards. The • For purposes of this section, an off -site subdivider's proportionate share of said improvement shall mean any improvement costs shall be determined by the Planning listed in §166.03 and §166.04 of these Commission in accordance with the regulations which is to be installed on provisions of (A) above. property located outside the proposed (2) When a proposed subdivision has direct subdivision. access to, or fronts on existing road or (2) Standards applicable. Any required off -site street, which is below current standards, the improvements shall be installed according to subdivider shall be responsible for the city's standards; provided off -site contributing his/her proportionate share of improvements to roads located outside the the cost of improving said street or road to city's corporate limits but within the city's existing city or county standards. The planning area shall be installed to the Planning Commission shall determine the county's standards. The subdivider shall be subdivider's proportionate share of said required to bear that portion of the cost of costs in accordance with the provisions of off -site improvements which bears a rational (A) above. nexus to the needs created' by the (3) Off site drainage improvements shall be subdivision. required whenever a proposed subdivision (3) Planning Commission. At the time the causes the need for such improvements. Planning Commission grants preliminary plat (D) State highways. The subdivider shall be required approval, the Planning Commission shall determine whether the proposed subdivision to dedicate sufficient right-of-way to bring those creates a need to off -site improvements and state highways which the Master Street Plan the portion of the cost of any needed oft site shows to abut or intersect the proposed improvements which the subdivider shall be subdivision into conformance with the right -of - required to bear; provided, that portion of the way requirements of the Master Street Plan. The cost of off -site improvements to roads subdivider shall be required to install a sidewalk located outside the city's corporate limits but adjacent to that portion of a state highway CD166:24 TITLE XV. UNIFIED DEVELOPMENT CODE • 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 1965, App. C., Art III, § A(4); Code 1991, §159.33; Ord. No. 2293, 12-7-76; Ord. No. 2361, 7-19-77; Ord. No. 2570, 10-16-79; Ord. No. 2860, 10-5-82; Ord. No. 3974, 6-4- 96; Ord. No. 4100, §2 (Ex. A), 6-16-98) Sec. 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. (B) Fitness for development. Based on topographic maps, soil surveys prepared by the Department of Agriculture and drainage information from the General 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. (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. (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) Trafc-control. -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. (14) Street standards. All street requirements shall be met as set forth in the City of Fayetteville Master Street Plan and Minimum Street Standards. (15) Dead-end streets. All dead end streets shall end in a cul-de-sac with a radius of 50 feet. The maximum length of a dead end street shall be 500 feet. (16) Distance from intersection to curb cuts. Curb cuts shall not be allowed closer than 50 feet to an intersection for a local street and 60 feet for collector and arterial streets. (17) Distance between curb cuts. The minimum distance between curb cuts shall be 25 feet for a local street and 30 feet for a collector and arterial street except for single-family residential lots in which the requirement is 10 feet between curb cuts. *See Table: Local Streets/Collector Streets CD166:25 • Fayetteville Code of Ordinances • Local Streets Collector Streets Ordinary Hilly Ordinary Hilly Density City Limits Planning City Limits Planning City Limits Planning City Limits Planning • Area Area Area Area Spacing 300-1400' 300-1400' 300-1400' 300'-1400' 300-1400' 300-1400' 300-1400' 300'-1400' Right -of- 50' 60' 50' 60' 60' -- - 80' -- --- 60' 80' way - Pavement 30'--- 24' 30' 24' 36' --- 30'-- -� 36' ---T 30' width Vertical 8' shoulders Vertical 8' shoulders Vertical 8' shoulders Vertical 8' shoulders Border curb & & swales or curb & & swales or curb & & swales or curb & & swale or utter roll curb gutter roll curb gutter roll curb gutter roll curb One side None none None Both sides none - none - - Of -street parking Sidewalk One side One side Both sides One side Both sides One side Maximum 10% 10% 15% (300' 15% (300' 6% 6% 12% 12% maximum maximum Dead-end Streets Length 500 1000 1000 500 Radius 50 50 — — R Design 25 30 20 25 30 35 25 30 s Sign distance at 250 250 110 110 350 350 150 150 centerline 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 (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. (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: (F) Residential lots. 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 unless in conflict with more stringent city or state regulations applicable to the use of individual disposal systems: r, • CD166:26 TITLE XV. UNIFIED DEVELOPMENT CODES (1) Bulk and area regulations,: City Limits Planning Area Lot area minimum 8,000 sq. ft. 10,000 sq. ft. Lot width minimum 7011. 75 fL Side setback 10 ft. 10 ft. Rear setback -- 20 ft. 2011. Frontage on improved street `7o R 75 ft. Provided, a suburban lot may be developed as a tandem lot in accordance with zoning, Chapters 160 through 165. (2) Size. The size and shape of the lots shall not be requiredtoconform to any stipulated pattern, but insofar as practicable, side lot lines should be at right 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 provisions for adequate utility connections for such resubdivision. • (Code 1965, App. C., Art. IV, §§C, D, F —H; Ord. No. 1750, 7- 6-70; Ord. No. 1801, 6-21-71; Ord. No. 2196, 2-17-76; OM. No. 2353, 7-5-77; Code 1991, §§159.45, 159.58, 159.51- 159.53; Ord. No. 4100, §2 (Ex. A), 6-16-98) Cross references) -Bonds and Guarantees, Ch. 158; Variances. Ch. 156; Notification and Public Hearings, Ch. 157. Sec. 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 No. 1965, App. C., Art III, §D; Ord. No. 1750, 7-6-70; Code 1991, §159.36; Ord. No. 4100, §2 (Ex. A), 6-16-98) Sec. 166.10. Buffer strips and screening. (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 (6) 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. (C) Screening required. (1) Outdoor storage. 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 CD166:27 • Fayetteville Code of Ordinances • date of planting. If vegetation planted under two years from the date of planting and it this subsection does not become view- shall be the responsibility of the property obscuring within two years, a view -obscuring owner to maintain the screening throughout fence shall be installed, the life of the use of the property as ministorage. (2) Non-residential adjacent to residential zones. A view -obscuring fence or view -obscuring (Code 1991, §160.124; Ord. No. 4100, §2 (Ex. A), 6-16.98) vegetation, or a combination of the two, shall be required between RSF-4 zones and all Sec. 166.11 Conformance to plans and nonresidential uses (including access drives regulations. and parking lots for six (6) or more cars accessory to any use) and between any (A) Conform to plans and regulations. The commercial or industrial use and adjacent, to subdivision shall conform to the official plans and any RT. RMF or R -O zones. regulations that make up the General Plan including the Future Land Use Plan, the Master (3) Vegetation. Vegetation having a minimum Street Plan, access control, setback ordinances, height of one foot, six inches at the time of the community facilities plan and Zoning, planting and occupying a minimum of 10% of Chapters 160 through 164. the open area at the time of planting shall be required: (B) Reserve sites for public use. (a) On each side abutting a street or (1) For a period of six (6) months after • required off-street parking areas for six submitting application for approval of a or more cars, where said areas are in or preliminary plat with the Planning adjacent to, R zones; and Commission, the Planning Commission may require the subdivider to reserve sites for (b) In, or adjacent to, R zones where the public use that are indicated within the Planning Commission has granted a boundaries of the proposed subdivision variance from the screening which are indicated on an officially adopted requirements described in (1) and (2) plan, to permit the public board, commission, above, or body having jurisdiction, or financial responsibility, the opportunity to acquire said (4) Setback reduction. Required building sites. setbacks may be reduced in accordance with the following table where vegetation having a (2) The subdivider at his option may provide minimum height of one foot six inches at the such areas or may be required to make them time of planting and occupying 10% of the available for acquisition by the city under open area is installed and no off-street statutory procedure. All such areas shall be parking is provided in the remaining front maintained at the expense of the city or yard other body which may be involved. G1 C-2 and I-1 zones From 50 feet to 25 feet R -O zone From 30 feet to 25 feet 1-2 zone From 100 feet to 50 feet (5) Maintenance of vegetation. Vegetation, under the provisions of this section, shall be continuously maintained to conform to the requirements of this section. (6) Mini -storage. 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 (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 1965, App. A., Art. 8(10.1); Ord. No. 1747, 6-29-70; Ord. No. 3073, 3-19-86; Code 1991, §160.119; Ord. No. 4100, §2 (Ex. A), 6-16-98) Sec. 166.12. Structures not 'allowed over public easements. No portion of any structure shall be built over any public utility easement. CD166:28 TITLE XV. UNIFIED DEVELOPMENT CODE • Sec. 166.13. Underground utility wires. . (A) In the new residential developments requiring Planning Commission approval and new commercial, developments all utility wires, lines, and/or cable in said developments utilized by electric and/or telecommunications companies shall be placed underground. (B) Waiver. In case of hardships, (including but not limited to financial, geological, environmental, or -regulatory) unique to the subject property, the Planning Commission may grant a waiver, on a permanent or temporary basis, to allow the erection, construction, installation, maintenance, use or operation of poles and overhead wires and associated overhead structures. (C) Exemptions. The following shall be exempt from the requirements of this section: (1) Overhead wires, supporting structures, and associated structures of a temporary nature which provide temporary service. A permit obtained from the 'Zoning and Development Administrator for said temporary service, addressing the nature and duration of said service, shall be required. (2) Existing lines of 12Kv and above. • (3) A single power pole near the exterior boundary of a development shall be allowed to provide connections for underground service. (D) Nothing herein shall be construed to usurp the authority of the Arkansas Public Services Commission and in all instances of conflict, the rules and regulations of said Arkansas Public Service Commission shall prevail. (Ord. No. 4100, §2 (Ex. A), 6-16-98; OM. No. 4169, §1, 6- 16-99) Sec. 166.14. Commercial design and development standards. (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 part-time residents, new industries,: and_cultural.facilities. (4) To preserve the quality of life and integrate the different zones and uses in a compatible manner. (5) To address the issues of traffic, safety, and crime prevention. (6) To preserve property values of surrounding property. (7) To provide good civic design and arrangement. (B) Applicability. The standards set forth herein shall apply in the following zoning districts, except as noted: CD166:29 (1) R -O, Residential Office; (2) C-1, Neighborhood Commercial; (3) C-2, Thoroughfare Commercial; (4) C-3, Central Commercial; (5) C-4, Downtown; (6) I-1, Heavy Commercial and Light Industrial; (7) 1-2, General Industrial; (8) P-1, Institutional; (9) E-1, Extraction; (10) PZD, Planned Zoning District when commercial, office, institutional and industrial uses are planned. (11) Any other zoning district when commercial, office, institutional, and industrial uses are allowed as a conditional use. • Fayetteville Code of Ordinances • (C) Site development standards. The following site b. Species selection shall be at development standards shall apply when either the discretion of the developer. • new development or expansion of 25% of the However, species which are existing building square footage occurs. listed in the City of Fayetteville Tree Preservation, Protection (1) Landscaping. Landscaping is required as and Landscape Manual under follows: the tree section guide are encouraged. (a) Landscaping general provisions. c. Trees planted shall, have a two (i) Landscaping shall be provided inch caliper (diameter) which is sufficient to provide soil measured six inches above stability and suitable drainage, ground level at the time of planting with at least 50% with (ii) Trees, shrubs, groundcover and an expected mature height of grass shall be the primary source of 60 feet or more. In cases of landscaping and shall be placed existing overhead power lines, and/or retained in such a manner trees shall be planted that will as to reduce runoff. not interfere with existing power lines. (iii) The current property owner shall property maintain all landscaping and shall replace any landscaping that dies or is damaged. (iv) Native vegetation should be used when possible in order to minimize Thu� watering. at t8tur1ty (v) Landscaping should attempt to c. •i incorporate existing on -site, trees and shrubbery. (vi) Providing outdoor spaces and 11 Q11per at places for people to gather is nme of Planting encouraged. (b) Landscaping along front property lines. d. Each tree shall have a (i) Landscaped area required. A 15 minimum of 100 square feet of foot wide landscaped area shall be permeable surface located provided along the front property under the Paving canopy of line exclusive of rightof-way, the tree. and/or blocks, rates, Entrance drives, exit drives, and and iron and/or plastic gratest sidewalks are allowed to cross the may be used over the tree root system to allow air and water 15 foot landscaped area provided the integrity of the landscaped area into the root system. is maintained. Residential uses ' (2) Screening for commercial buildings and and zoning district C-3 and C-4 development shall be exempt from this requirement. (a) Screening shall mean a view obscuring fence, view obscuring berm, view (iii) Trees. obscuring architectural treatment, or view obscuring vegetation, or a. Trees shall be planted in the 15 foot s shall b landscaped area at a ratio combination of the four, of sufficient of one tree per 30 feet of front height to prevent the view- of the screened items from vehicular and property line and may be planted together in groups. No pedestrian traffic on adjacent streets, group may count more than and from residential property. Vegetation shall be planted at a density 25% of the required number. sufficient to become view obscuring CD166:30 •TITLE XV. UNIFIED DEVELOPMENT CODE• I • I• I* 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: (i) Mechanical and utility equipment. All mechanical and utility equipment located -on the wall and/or on the ground shall be screened. All roof _. . __ _— mounted_.utilities ..and mechanical equipment shall be screened by incorporating screening into the structure utilizing materials compatible with the supporting building. Mechanical and utility equipment over 30 inches in height shall meet building setbacks. (ii) 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. (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. (D) Design elements guidelines for commercial structures. (1) The elements to avoid or minimize include: (a) Unpainted concrete precision block walls; (b)_._Square "boxlike" structures; (c) -Metal-siding which dominates the main facade; (d) Large blank, unarticulated wall surfaces; (e) Large out of . scale signs with flashy colors. (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 (1)(a) — (d) above. (b) A commercial development which contains more than one building should incorporate a recurring, unifying, and identifiable theme for the entire development site. (c) A development should provide compatibility and transition between adjoining developments. Design Element Guidelines, Commercial Sign out of scale with building Large blank, wall surface (E) Design review. CD166:31 Large box Metal siding dominating main facade IFayetteville Code of Ordinances • (1) Submittals. The following drawings, (A) Application. All applications for building permits information, and plans shall be submitted to shall be accompanied by plans in duplicate the Planning Commission for design review drawn to scale showing: and approval with large scale development applications, when applicable; or, submitted (1) The actual dimensions and shape of the lot to the Planning Division for design review to be built upon; and approval with, or prior to, building permit applications for non -large scale (2) The exact sizes and locations on the lot of development, buildings already existing, if any; (a) Elevations. Rendered elevation drawing (3) The location and dimensions of the proposed — of main facade at 1/16 inch to one (1) — -- building or alteration; - -=foot (minimum) scale showing adjoining context and a description of external (4) The application shall include such other building materials. ..- information as lawfully may be required by the Zoning and Development Administrator, (b) Landscaping. Proposed landscaping to including: be used as screening shall be shown on the tree preservation planor-site. plan. (a) Existing or proposed building or alteration; (2) Build out. Upon approval of a large scale development, or issuance of a building (b) Existing or proposed uses of the permit, build -out of the project shall conform building and land; to the drawings, information, and plans approved. (c) The number of families, housekeeping units, or rental units the building is (a) Amendments. Amendments to the designed to accommodate; drawings, information, and plans shall be submitted to the planning division. (d) Conditions existing on the lot; and Amendments which are determined to be insignificant or minor may be (e) Such other matters as may be approved by the Planning Division. necessary to determine conformance • Significant amendment shall be with, and provide for the enforcement of approved by. the Planning Commission this chapter. when approval was given through the large scale development process, or by (B) Approval/denial. One copy of the plans shall be the planning division when approval was returned to the applicant by the Zoning and given through the building permit Development Administrator after he/she shall process. have marked such copy either as approved or disapproved, and attested the same by his/her (b) Review. Amendments shall be signature on such copy. The original of the considered using the same standards as plans, similarly marked, shall be delivered to, and the initial design approval, retained by the Building Safety Division. (c) Noncompliance. Failure to build -out the (C) Expiration of building permit project according to the approved drawings, information, and plans, or (1) Begin work. If the work described in any approved amendments thereto, shall building permit has not begun within 180 render the large scale development days after the date of issuance thereof, said approval, or the building permit approval permit shall expire. It shall be canceled by void, the building inspector and written notice thereof shall be given to the persons (F) Variances. (See Chapter 156.) affected. (Code 1991, §160.124; Ord. No. 4004, §1, 10-15-96; Ord. (2) Substantial completion. If the work No. 4100, §2 (Ex. A), 6-16-98) described in any building permit has not been substantially completed within two (2) cross reference(s)-Speafic Districts §161.13 through years of the date of issuance thereon, said §161.21; Appeals, Ch. 155; Variances, Ch. 156. permit shall expire and be canceled by the Sec. 166.15. Application for building permit. building inspector and written notice thereof shall be given to the persons affected, together with notice that further work as CD166:32 TITLE XV. UNIFIED DEVELOPMENT CODE• CI • described in the canceled permit shall not proceed unless and until a new building permit has been obtained. (Code 1965, App. A., Art. 9(2), (4); Ord. No. 1747, 6-29-70; Code 1991, §§160.191, 160.193; Ord. No. 4100, §2 (Ex. A), 6-16-98) Cross reference(s)—Building Regulations, Ch. 173; Enforcement, Ch. 153. Sec. 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 Zoning and Development Administrator authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. (Code 1965, App. A., Art. 9(5); Ord. No. 1747, 6-29-70; Code 1991, §160.194; Ord. No. 4100, §2 (Ex. A), 6.16-98) Sec. 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 Zoning and Development Administrator. 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 be issued 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 through 165, so as to prohibit such building, structure, or use, no such permit shall be issued. (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 complete set of plans demonstrating complete or substantially complete compliance with all building and zoning requirements is filed with the Zoning and Development Administrator prior to the reference to the Planning Commission. (Code 1965, App. A., Art 9(7); Ord. No. 1747, 6-29-70; Ord. No. 1918, 5-15-73; Code 1991, §160.196; Ord. No. 4100, §2 (Ex. A), 6-16-98) Sec. 166.18. Master Street Plan setbacks. The city shall require the applicant/developer to establish a right-of-way setback line based on the right-of-way requirements for streets and highways designated by the Master Street Plan. Such setback line shall be considered the property line for such purpose of satisfying the requirements of the UDO. All building setbacks, required landscaping, parking lots, display areas, storage areas and other improvements and uses shall be located outside of such established setback area. The required width of setbacks, landscaped areas, buffers, and all .other setback requirements shall ,be- dimensioned from the established right-of-way — -setback line. The establishment of any new structure or other improvements within the right-of-way setback is prohibited. Sec. 166.19 Expiration of previously approved plans and permits. All approved large scale developments, planned zoning districts, conditional uses, and lot splits approved prior to July 1, 2002, which have not received all required permits to begin construction, have not begun construction, have not been established, or in the case of lot splits, have not been recorded within twelve (12) months from the date of the passage .of this ordinance, shall be required to comply with all-curent ordinances. The Zoning and Development Administrator is authorized to approve minor plat modifications and/or design changes necessitated by compliance with this section. CD166:33 • Fayetteville Code of Ordinances Sec.•166.20. Expiration of approved plans and (3) Expiration. If the required task(s) are not permits. completed within one (1) year from the date • of approval or during an allowed extension (A) Applicability. The provisions of this section apply period, all of the above -enumerated . plans to all of the following plans and permits: and permits shall be rendered null and void. (1) Preliminary plats; (2) Planned zoning district developments; (3) Conditional uses; (4) Large-scale developments; (5) Lot splits; (6) Physical alteration of land permits; (7) Storm water, drainage, and erosion control permits; (8) Tree preservation plans; (9) Sign permits; and, (10) Floodplain development permits. (B) One-year time limit. (1) Tasks to be completed. All of the above - enumerated plans and permits are conditioned upon the applicant accomplishing the following tasks within one (1) year from the date of approval: (a) For any renovation or new construction, receive a building permit: and/or, (b) For a lot split, record a deed or survey at the Washington County Circuit Clerk's Office, stamped for recordation by the City Planning Division; and/or, (c) Receive a Certificate of Zoning Compliance; and/or, (d) Receive all permits and approvals required by City, State, and Federal regulations to start construction of the development or project. (2) Extensions. Prior to the expiration of the one (1) year time limit, an applicant may request the Planning Commission to extend the period to accomplish the tasks by up to one (1) additional year. The applicant has the burden to show good cause why the tasks could not reasonably be completed within the normal one (1) year limit. (C) Three-year time limit. (1) Tasks to be complete. All of the above - enumerated plans and permits are also conditioned upon the applicant completing the project and receiving final inspection approval and/or a final Certificate of Occupancy permit within three (3) years from the date of issuance of a Building Permit. (2) Extensions. Prior to the expiration of the three (3) year time limit, an applicant may request the Planning Commission to extend the three (3) year period to complete the project by up to two (2) additional years. The applicant has the burden to show good cause why the project could not reasonably be completed within the three (3) year time limit. (3) Expiration. If the applicant fails to meet the requirements of subsection (C)(1) within three (3) years from the date of issuance of a Building Permit or during an allowed extension period, all of the above - enumerated plans and permits shall be rendered null and void. Secs. 166.21.-166.99. Reserved. • CD166:34 TITLE XV. UNIFIED DEVELOPMENT CODE • • I• I. CD166:35 TITLE XV. UNIFIED DEVELOPMENT CODE • Chapter 167. Tree Preservation and Protection. Sec. 167.01. Purpose. Sec. 167.02. City of Fayetteville Tree Preservation, Protection and Landscape Manual. Sec. 167.03. Tree registry. Sec. 167.04. Tree preservation and protection during development. Sec. 167.05. Tree protection measures and construction. Sec. 167.06, Tree planning, maintenance and removal on street rights -of -way and other public grounds. Sec. 167.07. Commercial tree pruner service; certificate and insurance required. Sec. 167.08. Hazardous trees. Sec. 167.09. Local disaster emergency. Sees. 167.10.-167.99. Reserved. • • CD167:1 • Fayetteville Code of Ordinances • • • CD167:2 TITLE XV. UNIFIED DEVELOPMENT CODE • CHAPTER 167. TREE PRESERVATION AND PROTECTION. Sec. 167.01. Purpose. It is the purpose of this chapter to preserve and protect the health, safety, and general welfare, and preserve and enhance the natural beauty of Fayetteville by providing for regulations of the preservation, planting, maintenance, and removal of trees within the city, in order to accomplish the following objectives: (A) Objectives. (1) To preserve existing tree canopy; (2) To create a healthful environment for Fayetteville residents, businesses, and industries; (3) To moderate the harmful effects of sun, wind, and temperature changes; (4) To buffer noise, air and visual pollution; (5) To filter pollutants from the air that assist in the generation of oxygen; (6) To reduce stormwater runoff and the potential damage it may create; (7) To stabilize soil and prevent erosion, with an • emphasis on maintaining tree canopy on hillsides defined as canopied slopes in Chapter 151; (8) To provide habitat for birds and other wildlife; (9) To preserve riparian banks and beds, and prevent sedimentation; (10)To screen incompatible land; (11) To promote energy conservation; and (12) To protect and enhance property values. (B) Principles. This chapter shall be enforced according to the following principles: • (1) Preservation shall be the first, best, and standard approach. (2) If preservation cannot be achieved, on -site mitigation shall next be pursued. (3) If on -site mitigation cannot be achieved, off - site preservation shall be pursued. (4) If off -site preservation cannot be achieved, off -site forestation shall be pursued. S (5) If none of the above approaches can be achieved, payment shall be made to the tree escrow account. (Code 1991, §162.01; Ord. No. 3699, §1 4-20-93; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4340, 10-2-01) Sec. 167.02. City of Fayetteville Tree Preservation, Protection, and Landscape Manual. The landscape administrator, in cooperation with other members of city staff, shall promulgate and periodically revise forms, procedures and regulations to implement this chapter and publish this information in the City of Fayettevillle, Tree Preservation, Protection, . and Landscape Manual. (A) Copies of the Tree Preservation, Protection, and Landscape Manual are to be made readily available to the public and shall include, but need not be limited to: (1) Specific criteria for gaining city approval of tree preservation plans; (2) The format and content of reports and plans the applicant must submit to the city pursuant to this chapter, (3) Tree protection during construction; (4) A glossary of important terms used in this chapter, (5) Size and species requirements for trees planted for on -site mitigation or off -site forestation; (6) Maintenance of trees (including but not limited to pruning, irrigation, and protection from disease). (B) The Tree and Landscape Advisory Committee shall review and may recommend revisions to the Tree Preservation, Protection, and Landscape Manual at least every three years to reflect changes in arboricultural and horticultural practices, lists of preferred tree species, city policies, or the content of this chapter. (Ord. No. 4340, 10.2-01) Sec. 167.03 Tree registry. CD167:3 (A) Description. Trees and groups of trees which are documented to be of historic merit, of an uncommon or endangered species, or are of extraordinary value due to their age, size, or type, may be registered in the City of Fayetteville's tree registry. It shall be the duty of the landscape • Fayetteville Code of Ordinances • administrator to maintain and keep this registry (H)(3), shall be submitted . with the on file in the administrators office. application for building permits on projects that are not required to go through the (B) Voluntary registration. Registration of trees shall subdivision or large scale development be voluntary and may be done by the owner(s) of process. There shall be no land disturbance, the property on which the tree is located. grading, or tree removal until an abbreviated • Registration shall not run with the land unless the tree preservation plan has been submitted property owner wishes to use an express trust to and approved, and the tree protection transfer a benefit in the tree or groups of trees to measures at the site inspected and the city. Registered tree owners are entitled to approved. consultation with the Tree and Landscape Advisory Committee and/or the landscape (4) Parking lots. Tree preservation require - administrator concerning proper care and ments apply to all permit applications for the protection of the tree, as well as an evaluation of construction of parking lots with five or more the tree's condition. spaces. An abbreviated tree preservation plan, as set forth in §167.04 (H)(3), shall be (Ord. No. 4340, 10-02-01) submitted with the application for permits on projects that are required to go through the Sec. 167.04. Tree preservation and protection subdivision or large scale development during development process. There shall be no land disturbance, grading, or tree removal until an abbreviated (A) Applicability. The provisions of this section shall tree preservation plan has been submitted apply to proposed subdivisions, large scale and approved, and the tree protection developments required by other chapters of the measures at the site inspected and Unified Development Code to go through the approved. city's permitting process. Persons seeking to build one single-family dwelling unit, or duplex, (B) Tree preservation criteria. The landscape are specifically exempt from the provisions of this administrator shall consider the following factors, section. and any other relevant information, when evaluating tree preservation plans: (1) Subdivisions and large scale developments. Applicants seeking approval of proposed (1) The desirability of preserving a tree or group. subdivisions and large scale developments of trees by reason of age, location, size, or shall submit a site analysis plan, analysis species. report, and tree preservation plan with the preliminary plat or site plan. There shall be (2) Whether the design incorporates the no land disturbance, grading, or tree removal required tree preservation priorities. until a tree preservation plan has been submitted and approved, and the tree (3) The extent to which the area would be protection measures at the site inspected subject to environmental degradation due to and approved, removal of the tree or group of trees. (2) Grading permit. An abbreviated tree (4) The impact of the reduction in tree cover on preservation plan, as set forth in adjacent properties, the surrounding §167.04(H)(3), shall be submitted with the neighborhood and the property on which the application for grading permits on projects tree or group of trees is located. that are not required to go through subdivision or large scale development (5) Whether alternative construction methods process. There shall be no land disturbance, have been proposed to reduce the impact of grading, or tree removal until an abbreviated development on existing trees. tree preservation plan has been submitted and approved, and the tree protection (6) Whether the size or shape of the lot reduces measures at the site inspected and the flexibility of the design. approved. (7) The general health and condition of the tree (3) Building permits. Tree preservation require- or group of trees, or the presence of any ments apply to all permit applications for disease, injury, or hazard. nonresidential construction, and the construction of multi -family residential (8) The placement of the tree or group of trees buildings composed of three or more in relation to utilities, structures, and the use dwelling units. An abbreviated tree of the property. preservation plan, as set forth in § 167.04 CD167:4 TITLE XV. UNIFIED DEVELOPMENT CODES (9) The need to remove the tree or group of • trees for the purpose of installing, repairing, replacing, or maintaining essential public utilities. (10) Whether roads and utilities are designed in relation to the existing topography, and routed, where possible, to avoid damage to existing canopy. (11) Construction requirements of on -site and off - site drainage. (12) The effects of proposed on -site mitigation or off -site alternatives. (13) The effect other chapters of the UDC, or city policies have on the development design. (14) The extent to which development of the site • and the enforcement of this chapter are impacted by state and federal regulations. (15) The impact a substantial modification or rejection of the application would have on the applicant. Note -The above items are not presented in any particular order of importance. The weight each is given will depend in large part on the individual characteristics of each project. • (C) Canopy area. In all new subdivisions, large scale developments, industrial and commercial developments, and all other improvements listed above, trees shall be preserved as outlined in Table 1 under percent minimum canopy unless the applicant has been approved for on -site mitigation or off -site alternatives as set forth in subsections (I) and (J) below. The square foot percentage of canopy area required for preservation in new development is based on the total area of the property for which the applicant is seeking approval, less the right-of-way dedications. An applicant shall not be required to plant trees in order to reach the percent minimum canopy requirement on land where less than the minimum exists prior to development, unless trees have been removed. C Table 1 Minimum Canopy Requirements ZONING DESIGNATIONS PERCENT MINIMUM CANOPY R -A, Residential - Agricultural (nonagricultural 25% uses) RSF-.5, Single-family Residential — One Half Unit 25% per Acre RSF-1, Single-family Residential — One Unit per 25% Acre RSF;2,- Single-family Residential —Two Units per 20% Acre RSF-4, Single-family Residential — Four Units per 25% Acre RSF-7, Single-family Residential — Seven Units 20% per Acre R -O, Residential -Office 20% RT-12; Two and Three-family Residential 20% RMF-6, Multi -family Residential — Six Units per 20% Acre RMF-12, Multi -family Residential —Twelve Units 20% per Acre RMF-18, Multi -family Residential —Eighteen Units 20% per Acre RMF-24, Multi -family Residential —Twenty -Four 20% Units perAcre RMF-40,Multi-family Residential — Forty Units per 20% Acre C-1, Neighborhood Commercial 20% C-2, Thoroughfare Commercial 15% C-3, Central Business Commercial 15% C-4, Downtown 10% I-1, Heavy Commercial and Light Industrial 15% 1-2, General Industrial 15% P-1, Institutional 25% PZD, Planned Zoning Districts Most restrictive shall apply CD167:5 (Code 1991, §162.10; Ord. No. 2699, §10, 4-20-93; Ord. No. 3901, §1,7-5-95; Ord. No. 3963, §6, 4-16-96; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4340, 10-2-01) (D) Prior tree removal. (1) If trees have been removed below the required minimum within the five years preceding application for development approval, the site must be forested to meet the percent minimum canopy requirements set forth in Table 1, plus an additional 10% of the total area of the property for which the applicant is seeking approval, less the right- of-way dedications. The number of trees required to be planted shall be calculated using the base density for high priority trees. (2) Waiver. If an applicant is able to demonstrate to the Planning Commission's satisfaction that the trees were removed for a bona fide agricultural purpose, and not with • Fayetteville Code of Ordinances the intent to thwart enforcement of this chapter, the additional 10% refgrestation requirement shall be waived. (E) Tree preservation priorities. (1) Percent minimum canopy. Proposed designs must meet the percent minimum canopy requirements for the particular zoning designation, emphasizing the preservation and protection of high priority trees on the site. Trees in utility easements shall not be counted toward the percent minimum canopy requirement, and such utilities shall be routed, wherever possible, to avoid existing canopy. (2) Existing natural features. Each design shall consider the existing natural features of the site, the preservation priorities for the trees, and the impact their proposed removal may' have both on and off -site. (3) Preservation priorities. The list of preservation priorities (See: Table 2) shall guide the review of each development's design. The submittal of designs which do not incorporate preservation priorities for the trees on the site shall result in the denial of the tree preservation plan. (4) High priority trees. The preservation and protection of high priority trees shall be enforced most stringently to meet the minimum percentage of canopy preservation. The preservation and protection of lower priority trees shall not be substituted for that of high priority trees, except: (a) When the justification for such a substitution is set forth in the analysis report; and (b) The substitution is approved by the landscape administrator. Table 2 Preservation Priorities High Priority Mid -level PrIority Low Priority Canopied slopes Contiguous woodlands Invasive species Floodways and riparian buffers Non-native woodlands Relic orchards Native woodlands Use buffers Less desirable species Significant trees •Note —Each of the above is listed alphabetically beneath its respective category. They are not presented in any particular order of importance within that category. (F) Tree preservation requirements for proposed residential and nonresidential subdivisions. Where trees exist, flexible approaches such as adjustments to lot layout, placement of buildings and paved surfaces, and location of utilities shall be pursued in order to meet the percent minimum canopy required for the applicable zoning designation. (1) Residential subdivisions. The percent minimum canopy in residential subdivisions shall be located in areas that have the least possibility of impact as utilities are installed and homes built. The intent is to leave undisturbed as many existing trees as possible for the use and enjoyment of prospective lot owners. All residential subdivisions requesting trees removal below the percent minimum canopy requirement are required to contribute to the Tree Escrow Account as set forth in §167.04(J)(4)(a). Trees in utility easements shall not be counted toward the percent minimum canopy requirements, and such utilities shall be routed to avoid existing canopy. (2) Nonresidential subdivisions. Two options are available for establishing a tree preservation plan for the development of nonresidential subdivisions. The landscape administrator shall recommend to the Planning Commission the option that will potentially preserve the largest amount of priority canopy based upon the tree preservation criteria set forth in § 167.04 (B) above. (a) Preservation plan for entire subdivision. The developer may choose to preserve the percent minimum canopy required for the entire development. With this option, the preserved canopy shall be located in areas that will not be impacted by future development of the individual lots. Canopy to be preserved shall be noted on the final plat, and shall be protected as set forth in §167.04 (L) below. Should the entire percent minimum canopy requirement for the site be so protected, the final plat shall include a statement that the individual lots, as represented thereon, shall not require separate tree preservation plans. (b) Preservation plan for infrastructure only. The developer, in consultation with city staff, shall delineate the area required for the construction of the infrastructure and improvements for the development. This area should include street rights -of - way, and utility and drainage 0 0 CD167:6 TITLE XV. UNIFIED DEVELOPMENT CODE easements. Lot lines, streets, and site analysis to determine the approximate easements shall be located to avoid age, health, size and species distribution of placing a disproportionate percentage of • the trees, noting each on a site analysis existing canopy in any one (1) proposed plan, and clearly showing the locations and lot. This option shall not allow the types of all natural features on a site, removal of trees during the grading of including features 100 feet beyond the individual lots, unless shown by the property lines. The site analysis plan shall developer to be essential to the project's also specifically depict the applicable engineering design. The developer will preservation priority level for each tree or be required to compensate for the group of trees on the site. The plan should • canopy removed from this defined area include, but not be limited to, delineation of by making the appropriate payment into the following features as they exist on the • the Tree Escrow Account. On all other •` site: areas of the development, the developer shall protect the existing canopy during (a) The existing topography of the site the construction phase in accordance highlighting slopes of 15% or greater, with §167.05 below. The final plat shall and indicating the natural drainage include a statement that the individual patterns; lots shall required separate Tree Preservation Plans. (b) The property line boundaries of the site; (G) Initial review. (c) Soils identified according to the Unified Soil Classification System; (1) Meeting with the landscape administrator. It is strongly recommended that prospective (d) Any significant trees existing on the site, • applicants meet with the landscape and the location of trunks, spread of the administrator for an initial review of the canopy, species, diameter at breast proposed tree preservation plan for the site height (DBH), and the overall health of --prior-to-submitting-a preliminary plat, large each significant tree; scale development, or site plan to the city. During the initial review, the landscape (e) Groupings of trees, delineating the administrator shall make recommendations edges of the overall canopy, noting the . to ensure the proposed subdivision or predominate species, average height, development complies with the requirements diameter at breast height (DBH), and of this chapter. These recommendations general health of the trees. shall be nonbinding. However, applicants proceed at the risk of higher costs due to (f) All existing utilities and utility changes required by a noncompliant easements; submittal should they choose not to have the initial review or to disregard the (g) All perennial and intermittent streams recommendations of the landscape and creeks that exist on the site or administrator. within 100 feet of the site; (2) Letter of confirmation. The landscape (h) Floodplains and floodways on the site; administrator shall document whether the applicant participated in the initial review (i) All existing rights -of -way within and meeting in a letter of confirmation to the surrounding the project site, including applicant. If the applicant chose to attend an any designated trails or bike paths; and, initial review meeting, the letter shall also document any recommendations made. The (j) Any other factors that may impact the landscape administrator shall ensure that a design of the site. copy of the letter becomes part of the permanent file for the project. (2) Tree preservation plan. The applicant shall indicate all proposed site improvements, and (H) Submittal of plans. Applicants should bear in delineate in the tree preservation plan the mind that all plans will be evaluated according to trees to be retained on -site, and the the tree preservation criteria and percent measures to be implemented for their minimum canopy requirements as set forth under protection. These measures shall include, §167.04 (B) and (C). • but need not be limited to, fencing, limits of root pruning, as well as restrictions on traffic Site analysis plan. On sites with existing and material storage. The plan shall also •(1) tree canopy, the applicant shall conduct a clearly depict the limits of soil disturbance to CD167:7 • Fayetteville Code of Ordinances • include all areas to be graded both on and administrator, concurrently with their tree off -site, as well as the proposed location of preservation plan. Applicants submitting utilities. The applicant should consult the abbreviated tree preservation plans shall not City of Fayetteville Tree Preservation, be required to submit either a site analysis Protection and Landscape Manual for plan or analysis report. details, examples and specific checklists. (7) Conservation requirements. The city shall (3) Abbreviated tree preservation plan. encourage the use of conservation Applicants requesting approval of easements for the added protection of trees development projects that require building, preserved or planted to meet percent grading, or parking lot permits, but that do minimum canopy requirements in those not fall under the requirements for large instances where such would be of mutual —scale-developments or subdivisions, shall benefit to the applicant and the city. prepare and submit an abbreviated tree preservation plan. The information for this (I) Request for on -site mitigation. If an applicant is plan may be combined with the site plan, plat able to demonstrate to the landscape drawing, or grading plan. The applicant is administrators satisfaction that a site's physical • expected to show the general location of all or spatial constraints prevent the preservation of existing groups of trees, individual significant the percent minimum canopy, the applicant may trees, and to clearly depict the limits of soil require on -site mitigation. Trees that are required disturbance to include all areas to be graded, to be planted in compliance with other both on and off -site, as well as the proposed development chapters shall not be counted for location of utilities. Protective measures the purpose of satisfying the on -site mitigation or such as fencing, limits of root pruning, off -site alternative requirements of this chapter. restriction on traffic and materials storage shall be depicted on the plan. A preliminary (1) Timing of request for on -site mitigation. site visit with the landscape administrator is Requests to remove trees below the percent highly recommended before applying for any minimum canopy requirement must be of the above -mentioned permits. The incorporated with the applicants tree applicant should consult the City of preservation plan. Fayetteville Tree Preservation, Protection, and Landscape Manual for details, examples (2) Plan requirements. The tree preservation • and specific checklists. Applicants submitting plan must graphically represent the species abbreviated tree preservation plans shall not and location for all trees to be planted on - be required to submit either a site analysis site. It shall also include a chart clearly plan or analysis report, nor shall they be stating the following information: required to hire architects, engineers, or landscape architects to prepare the (a) The number of trees requested for abbreviated tree preservation plan. removal; (4) Analysis report. The applicant shall submit (b) The percentage below the percent an analysis report detailing the design minimum canopy requirement they approaches used to minimize damage to or represent; and, removal of existing canopy that were considered in arriving at the proposed (c) The species and number of trees to be design. Written justification shall be planted based on the forestation presented as to why individual trees or requirements below. canopy must be removed. The report shall also detail proposed on -site mitigation (3) Planting details and notes. Planting details options or off -site alternatives, as detailed and notes shall be included on the tree below, preservation plan as set forth in the City of Fayetteville Tree Preservation, Protection, (5) Grading and utility plans. All subsequent and Landscape Manual. grading and utility plans shall depict the tree preservation areas on the site, to include the (4) Forestation requirements. The number and preserved trees and the physical limits of all species of trees required for forestation shall protective measures required during -be based upon the quality of the canopy lost: construction. (a) High priority canopy. When removing (6) Submittal requirements. The applicant shall high priority canopy below the percent submit two (2) copies of a site analysis plan minimum canopy required, the canopy and analysis report to the landscape square footage removed shall be CD167:8 TITLE XV. UNIFIED DEVELOPMENT CODE forested at a base density of 200, two (a) The species of the mitigation trees; and, inch (2") caliper trees per acre removed. • (b) The space needed for the healthy (b) Mid -level priority canopy. When growth of trees. removing mid -level priority canopy required, the canopy square footage (J) Request for off -site alternatives. If an applicant is removed shall be forested at a base able to demonstrate to the landscape density of 150, two inch (21 caliper. administrator's satisfaction that neither trees per acre removed. preservation, nor on -site mitigation can be achieved, the applicant may request off -site (c) Low priority canopy. When removing alternatives. For nonresidential subdivisions and low -priority -canopy -below the .percent large - scale developments, .off<site alternatives _minimum required, the canopy square shall be allowed only if, after taking into footage removed shall be forested at a consideration the proposed design of the project. base density of 100, two inch (2') caliper On -site mitigation is deemed impossible due to trees per acre removed, environmental or spatial constraints. Trees that are required to be planted in compliance with (5) Base Density. Compensating for the other development chapters shall not be counted environmental damage caused by removing for the purpose of satisfying the on -site mitigation tree canopy shall be accomplished by or off -site alternative requirements of this forestation on a per acre basis. The base chapter. density formula used above is based on two inch caliper trees. However, the landscape (1) Timing of request for off -site alternatives. administrator may approve the use of trees Requests for off -site alternatives must be with less than two inch (21 caliper for the incorporated in, and submitted concurrently planting of smaller tree species required by with the applicant's tree preservation plan. spatial constraints on the site. In such cases, the number of trees to be planted (2) Off -site preservation. The applicant may may be adjusted in accordance with the seek approval from, the landscape species density table to be found in the City administrator to preserve an equal or greater of Fayetteville Tree Preservation, Protection, amount, of canopy cover at a site within the • and Landscape Manual, along with city limits. examples for using the base density formula. (3) Off -site forestation. If off -site preservation (6) Preferred species. All trees to be planted cannot be achieved, the applicant may seek shall be species native to the region, when approval from the landscape administrator to available, and selected from the list of plant the required number of trees on preferred tree species set forth in the City of another site owned by the applicant and Fayetteville Tree Preservation, Protection, located within the city limits. and Landscape Manual. Species selection. shall be based upon the amount of space (4) Tree escrow account. Large scale available for proper growth on the site, and development applicants requesting off -site must be approved , by the landscape alternatives, all residential subdivision administrator, applicants requesting tree removal below the percent minimum canopy requirement, and (7) Placement of trees. The applicant is any other applicant unable to achieve either expected to plant trees in locations on the on -site mitigation, off -site preservation or off - site where the environmental benefits of site forestation, shall make a payment to the canopy cover are most likely to offset the City of Fayetteville Tree Escrow Account for impact of development. Trees shall not be each tree required to meet the base density placed within utility easements, or in other requirements set forth above. The amount locations where their future protection cannot of money to be paid shall be based on the be assured. fair market value of materials and labor at the time of planting. The applicant shall (8) On -site mitigation incentive. If all the submit cost estimates to the landscape required trees can be located on -site, the administrator for approval. - Landscape Administrator may approve up to a twenty percent (20%) reduction in the (a) Residential subdivisions. All residential number of trees to be planted. Any incentive subdivisions requesting tree removal reductions allowed shall be based upon the below the percent minimum canopy following factors: requirement are required to contribute to • the tree escrow account, due to the fact CD167:9 • Fayetteville Code of Ordinances that the health and survival of the trees may be adversely. affected as individual lots are developed. The city shall use the money paid into the tree escrow account to plant street trees within the subdivision, when possible, once the subdivision is built -out. (b) Time of payment. Money contributed in lieu of on -site mitigation or off -site forestation shall be paid prior to issuance of a building permit on all commercial, industrial, or multi -family residential buildings, and prior to final plat acceptance for all residential and nonresidential subdivisions. ' (c) Use of account Money contributed under this section: (i) May be used for canopy mitigation, including planting site identification, tree acquisition, planting, and maintenance, utilizing either city staff, or contract labor, (ii) Shall be deposited in a separate interest -bearing tree escrow account; and (iii) Shall not revert to the general fund for ongoing operations. (d) Location of plantings: Planting locations will be sought in appropriate sites within a one mile radius of where the original project is located, but if this cannot be achieved, the monies shall be used to plant the trees in the park quadrant in which the development took place, and if that cannot be achieved, anywhere in the city limits. The location of appropriate planting spaces is to be derived from the Fayetteville tree inventory to be updated every seven to 10 years. (5) Maintenance agreement and landscape establishment guarantee. All plans requesting on -site mitigation or off -site forestation shall include a binding three year maintenance and monitoring plan, which shall hold the applicant responsible for the health of all planted trees. (a) Approval of a plan requesting on -site mitigation or off -site forestation shall be contingent upon the applicant depositing with the city either currency, bond irrevocable letter of credit or other surety, in an amount equal to the estimated cost of materials and labor of trees at the time of planting. The bond, irrevocable letter of credit, or other surety must cover the entire three year maintenance and monitoring period. The applicant shall submit cost estimates to the landscape administrator. (b) Upon completion of the three year landscape establishment period, the landscape administrator shall inspect the site and determine whether 90% of the trees are healthy and have a reasonable chance of surviving to maturity. Upon such finding, the city shall release. the currency, bond, or letter of credit. (c) In the absence of such a finding, the applicant shall be notified to replace any unhealthy or dead trees, or take other appropriate action as approved by the landscape administrator. If the applicant does not take remedial steps to bring the property into compliance, the city shall use the necessary monies from the landscape establishment guarantee to do so. (d) In the event trees are injured or destroyed by natural disasters, including but not limited to, tornadoes, straight- line winds, ice storms, fire, floods, hail, or lightning strikes, or through the independent actions of third parties, the applicant shall be relieved of the responsibility of replanting the tree or trees so affected. (K) Tree preservation plan review form. The landscape administrator shall use a standardized form for all recommendations or administrative determinations made regarding an applicants tree preservation plan. (1) The form shall dearly indicate whether the landscape administrator is making a final administrative determination, or a recommendation to the Planning Commission or City Council. (2) The form shall also dearly indicate the applicant's plan is "APPROVED," "DISAPPROVED," or "CONDITIONALLY APPROVED," and explain the reasoning therefore. C • (3) A statement shall appear on the form explaining the process by which a final administrative determination may be appealed in accordance with Chapter 155 of • the Unified Development Code. CD167:10 TITLE XV. UNIFIED DEVELOPMENT CODE Sec. 167.05. Tree protection measures and . (4) The landscape administrator shall sign and construction. date the form, and ensure that a copy becomes part of the permanent file for the (A) Site inspection. A preliminary site inspection project. followed by periodic inspections will be conducted by the landscape administrator to (L) Continuing preservation and protection under ensure compliance with the tree preservation approved tree preservation plans. plan. (1) In order to ensure that an applicant's heirs, (B) Tree protection. Tree preservation areas shall be successors, assigns, .or any subsequent protected from construction activity to prevent of the subject property are put on impingement by or the storage of construction _purchasers notice as to the existence and extent of an vehicles, materials, debris, spoils or equipment in approved tree preservation plan, tree tree preservation areas. No filling, excavating or preservation areas shall be clearly depicted other land disturbance shall take place in tree on the easement plats for large scale preservation areas. Before commencing any developments and the final plats for construction activity, the applicant shall construct nonresidential subdivisions. This shall be tree protection barriers on the site along the tree accompanied by a narrative statement dripline or 10 feet..from the trunk, whichever is describing the nature of the protection greater. The applicant shall also post signs at afforded, and bearing the signature of the each tree preservation area in accordance with landscape administrator. Lots in residential the standards, specifications and guidelines subdivisions are expressly exempt from provided' in the City of Fayetteville Tree these requirements. If it is impractical to Preservation, Protection, and Landscape Manual. include the actual depiction of the canopy to The landscape administrator may require other be preserved on the easement plat, or final protective measures based upon the individual plat itself, a note cross referencing an characteristics of the site and the proposed accompanying document shall suffice. construction methods. Tree protection measures shall also protect any off -site trees the roots of (2) The geographic extent and location of tree which extend onto the site of the proposed preservation areas, once recorded, may only construction. Any applicant damaging or be modified, or abolished with the express destroying an off -site tree shall be required to . approval of the City Council. Applicants mitigate such damage or destruction as requesting such action shall bear the burden prescribed by the landscape administrator. If the of proving to the City Council's satisfaction required barriers surrounding the tree that such modification or abolition is in the preservation areas are not adequately best interest of the City of Fayetteville. Such maintained during construction, the landscape requests shall be submitted to the landscape administrator shall prescribe remedial measures, administrator, who shall ask the city clerk to and may issue a stop work order in accordance place it on the agenda of the next regularly with § 153.07(C). All remedial measures shall be scheduled City Council meeting, completed within the specified amount of time and shall be considered prior to granting final plat (3) Property owners wishing to remove diseased approval or issuing a certificate of occupancy. or dead trees from within a recorded tree preservation area shall seek prior approval (Code 1991, §162.11; Ord. No. 3699, §11,4-20-93; Ord. No. from the landscape administrator, who shall 3925, §8, 10.3.95; Ord. No. 3901, §1,7-5-95; Ord. No. 3963, determine if such removal is consistent with §7,4-16-96; Ord. No. 4008, §1, 12-17-96; Ord. No. 4100, §2 sound arboricultural and horticultural (Ex. A), 6-16-98; Ord. No. 4340, 10-2-01) practices, as well as the intent of this Sec. 167.06. Tree planting, maintenance and chapter. Any tree so removed shall be removal on street rights -of -way and other public replaced with a tree of like or similar species, grounds. unless the landscape administrator determines that natural replacements of (A) Follow the Tree Preservation, Protection, and sufficient health and vigor are already Landscape Manual All tree planting, present in the tree preservation area. maintenance or removal on public grounds shall -follow—the---standards, specifications and. (Code 1991162.10; Oid.-No. 2699, §10:420-93; Ord. No. guidelines provided in the City of Fayetteville 4340,10.2-01) Tree Preservation, Protection, and Landscape Manual. • (B) Tree planting. Trees may be planted within street rights -of -way or on other public grounds only CD167:11 • Fayetteville Code of Ordinances after notification to the landscape administrator; Sec. 167.07. Commercial tree pruner/service: and provided the selection and location of said certificate and insurance required. trees are in accordance with the requirements. (A) Certificate required. Before cutting, pruning, (C) Tree removal. Trees shall not be removed from a removing, or trimming any tree within the City of street right-of-way or other public grounds unless Fayetteville, the owner and . supervisory approval is received from the landscape personnel of each business performing administrator, with the exception that city commercial tree work shall obtain a city issued employees may remove trees when necessary to commercial tree pruner/service certificate. accomplish emergency repairs to sewer or water systems, or in order to alleviate flooding. (B) Liability insurance. Each business performing commercial tree work, to include tree surgery, (D) Damage to trees. It shall be a violation of this within the City of Fayetteville, shall be required to chapter to damage, destroy or mutilate any tree carry liability insurance in the following. minimum in a public right-of-way or on other public amounts: grounds, or attach or place any rope or wire (other than one to support a young or broken (1) General aggregate: $100,000.00 tree or limb), sign, poster, handbill or any other thing to any such tree. (2) Personal & advertising: $100,000.00 (E) Top or cutback to stubs. It shall be unlawful for (3) Each occurrence: $100,000.00 any person to top or cutback to stubs the crown of any tree in street rights -of -way or on other Proof of coverage shall include the name of the public grounds. insurance company issuing the policy, the name of the insured, the policy number, effective and (F) Reserved rights. The city reserves the right to expiration dates, and the signature of an plant, preserve, prune, maintain or remove any authorized representative of the insurance tree within the street rights -of -way, alleys, company. squares, and all public grounds when such interferes with the proper spread of light along (C) Workshop. Owners and supervisory personnel the street from a street light, or interferes with shall attend an educational workshop on basic visibility of any traffic control device or sign, or as tree science and the proper techniques of tree may be necessary to preserve or enhance the pruning; or shall demonstrate sufficient • symmetry and beauty of such public grounds. knowledge of basic tree science and the proper techniques of tree pruning by scoring 75% or (G) Line of sight. Trees shall not be planted to higher on a test provided by the International conceal a fire hydrant from the street or impede Society of Arboriculture (I.S.A.). the line of sight on any street. (D) Certificate issuance. A certificate shall be issued (H) Storm damage. Trees severely damaged by when an individual has successfully completed storms, or other accidental causes, where the workshop or scored adequately on the test. required pruning practices are impractical are exempt from this chapter.. (E) Job site. It shall be the responsibility of the business owner to ensure that a copy of the (I) City employees. Before cutting, pruning, certificate is maintained at each job site. removing or trimming any tree, city employees performing tree work, on public grounds shall (F) Supervision. All persons engaged in the attend an educational workshop on basic tree business of trimming trees shall be under the pruning. A certificate will be issued when an supervision of a certified tree pruner/service. individual has successfully completed the workshop. (G) Worker's compensation. Those individuals performing commercial tree work on public (J) Public utilities. Nothing in'this section shall be grounds shall comply with all workers construed to prohibit public utilities from pruning compensation requirements as set forth under or removing trees that encroach upon electric. Arkansas law and shall hold a city issued telephone, or cable television transmission lines, commercial tree pruner/service certificate. or gas, sewer or water pipes. (H) Licensure. Those individuals performing tree (Code No. 1991, §162.07; Ord. No. 3699, §6, 4-20-93; Ord. surgery shall comply with licensure requirements No. 3901, §1, 7-5-95; Ord. No. 3963, §5, 4-16-96; Ord. No. as set forth under Arkansas law. 4100, §2 (Ex. A), 6-16.98; Ord. No. 4340, 10.2-01). CD167:12 TITLE XV. UNIFIED DEVELOPMENT CODES (Code 1991, §162.13; Ord. No. 3699, §14, 4-20-93; Ord. No. Secs. 167.10.-167.99. Reserved. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4340, 102-01) Sec. 167.08. Hazardous trees. (A) 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. (B) Order or removal. The mayor, or his/her duly authorized representative, is hereby authorized to order the owner of.any property within the city to .cause_the_.removal of any dead or diseased trees on their property, and further, to order compliance, when such trees constitute a hazard of life and property, or harbor insects which constitute a potential threat to other trees. Whenever any such condition is found to exist, the mayor, or his/her duly authorized representative, shall send written notice via first class mail to the property owner ordering the performance of such acts within 20 days. If the property owner's identity or whereabouts are unknown, a copy of the written notice shall be posted upon the premises. (C) Noncompliance. It shall be unlawful for any person to fail or refuse to comply with any order and notice given pursuant to this section. • (D) Removal by city. If the conditions described in a notice given, as set forth above, are not removed or corrected within 20 days after such notice given, the mayor, or his/her duly authorized representative, is hereby authorized to enter upon the property and do whatever is necessary to correct or remove the conditions described in the notice. The costs of correcting said conditions shall be charged to the owner or owners of the property and the city shall have a lien against such property for the costs. Enforcement of the lien shall be set forth in §95.03 of the Fayetteville Code of Ordinances. Such action shall not be taken if the owner has evidenced a willingness to comply by hiring a qualified tree service before the expiration of the 20 day period. (Code 1991, §162.06; Ord. No. 3699, §6, 4-20-93; ON. No. 3963, §4, 4.16.96; Ord. No. 4100, §2 (Ex A), 6-16-98; Ord. No. 4340, 10-2-01) Sec. 167.09. Local disaster emergency. If it becomes necessary for the mayor to declare a local disaster emergency pursuant to A.C.A. §12 -75- 108(b)(2), --the provisions of this chapter may be suspended for up to 30 days, if strict compliance with its provisions would prevent, hinder, or delay actions necessary to cope with the disaster emergency. (OM. No. 4316, 6-5-01; Ord. No. 4340; 10-2-01) CD167:13 • Fayetteville Code of Ordinances 0 I [1 CD167:14 • •TITLE XV. UNIFIED DEVELOPMENT CODE Chapter 168. Flood Damage Prevention Code. Sec. 168.01. Purpose. Sec. 168.02. General provisions Sec. 168.03. Administration. Sec. 168.04. Flood hazard reduction. Secs. 168.05.-168.99. Reserved. • S CD168:1 • • Fayetteville Code of Ordinances CI • C CD168:2' TITLE XV. UNIFIED DEVELOPMENT CODE • CHAPTER 168. FLOOD DAMAGE PREVENTION CODE. Sec. 168.01. Purpose. (4) Controlling filing, grading, dredging and other (A) It is the purpose of this ordinance to promote the flood barriers which will unnaturally divert public health, safety and general welfare and to flood waters or which may increase flood minimize public and private losses due to flood damage; and conditions in specific areas as designated by the latest adopted Flood Insurance Rate Maps, in (5) Preventing or regulating the construction of addition to the following: flood barriers which will unnaturally divert flood waters or which may increase flood (1) To minimize expenditure of public money for, hazards to other lands. costly flood control projects; (Ord. No. 4368, §4 (Ex. B), 02-05-02) (2) To minimize the need for rescue and relief efforts associated with flooding and generally Sec. 168.02. General Provisions. This chapter shall undertaken at the expense of the general apply to all areas of special flood hazards and areas public; of flood -related erosion hazards within the jurisdiction of the city. (3) To minimize prolonged business interruptions; (A) Flood Insurance Study reference. The areas of I special flood hazards and areas of flood -related (4) To minimize damage to public facilities and erosion hazards identified by the Federal utilities such as 'water and gas mains; Emergency Management Agency or the Federal electric, telephone and sewer lines, streets Insurance Administration in scientific and and bridges located in floodplains; engineering reports entitled "Flood Insurance Study for the City of Fayetteville, Arkansas, (5) To help maintain a stable tax base by dated September 18, 1991 and July 21, 1999, providing for the sound use and with accompanying Flood Insurance Rate Map, development of flood -prone areas in such a as may from time to time hereafter be amended, • manner as to minimize future flood blight is hereby adopted by reference and made a part areas; hereof as if set out fully herein. Three copies of said map shall be maintained in the office of the (6) To ensure that potential buyers are notified City Clerk. that property is in an area of special flood hazard; (B) Flood Hazard Study, Phase It reference. The Flood Hazard Study, Phase II, provided by the (7) To ensure that those who occupy the areas U.S. Army Corps of Engineers, is hereby adopted of special flood hazard assume responsibility by reference and made a part hereof as if set out for their actions; and, fully herein. Three copies of said map shall be maintained in the office of the City Clerk. (8) To protect human life and health. (C) Flood Hazard Study, Phase IV reference. The (B) In order to accomplish its purposes, this Flood Hazard Study, Phase IV, and Revised ordinance uses the following methods: Flood Hazard Study, Phase I, provided by the U.S. Army Corps of Engineers, are hereby (1) Restricting or prohibiting uses that are adopted by reference and made a part hereof as dangerous to health, safety or property due if set out fully herein. Three copies of said to water or erosion hazards in times of flood, studies shall be maintained in the office of the or cause excessive increases in flood City Clerk. heights or velocities; (D) Other flood studies. This Flood Insurance Study (2) Requiring that uses vulnerable to floods, is the minimum area of applicability of this including facilities which serve such uses, be chapter and may be supplemented by studies for protected against flood damage at the time other areas which allow implementation of this of initial construction; chapter and which are recommended to the Council by the Floodplain Administrator. (3) Controlling the alteration of natural floodplains, stream channels, and natural (E) Compliance. No structure or land shall hereafter • protective barriers, which are involved in the be constructed, located, extended, converted or accommodation of flood waters; altered without full compliance with the terms of CD168:3 SFayetteville Code of Ordinances • this chapter and other applicable regulations. Violations, of the provisions of this chapter by (2) The susceptibility of the proposed facility and failure to comply with any of its requirements its contents to flood damage and the effect of (including violations of conditions and safeguards such damage on the individual owner, established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall (3) The danger that materials may be swept prevent the city from taking such lawful action as onto other lands to the injury of others. is necessary to prevent or remedy any violation. (4) The compatibility of the proposed use with (F) This chapter is not intended to repeal, abrogate, existing and anticipated development. or impair any existing easements, covenants, or I deed restrictions. However, where this chapter (5) The safety of access to the property in times and, any other code, ordinance, easement, of flood for ordinary and emergency vehicles. covenant, or deed restriction conflict or overlap, whichever imposes the more restrictive (6) The costs of providing governmental restrictions shall prevail, services during and after flood conditions including maintenance and repair of streets (G) In the interpretation and application of this and bridges, and public utilities and facilities chapter, all provisions shall be: such as sewer, gas, electrical and water systems. (1) Considered as minimum requirements; (7) The expected heights, velocity, duration, rate (2) Liberally construed in favor of the governing of rise and sediment transport of the flood body; and, waters expected at the site. (3) Deemed neither to limit nor repeal any other (8) The necessity to the facility of a waterfront powers granted under state statutes. location, where applicable. (H) The degree of flood protection required by this (9) The availability of alternative locations, not chapter is considered reasonable for regulatory subject to flooding or erosion damage, of the purposes and is based on scientific and proposed use. engineering considerations. Larger floods can and will occur on rare occasions. Flood heights (10)The relationship of the proposed use to the • may be increased by man-made or natural General Plan. causes. This chapter does not imply that land outside the areas of special flood hazards, areas of flood - related erosion hazards, or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder. (Ord. No. 4368, §4 (Ex. B), 02-05-02) Sec. 168.03. Administration. (A) Floodplain Administrator. A Floodplain Administrator shall be designated by the Mayor and appointed to administer and implement this chapter granting or denying floodplain development permits in compliance with its provisions. Approval or denial of a development permit shall be based on all the provisions of this ordinance and the following relevant factors: (1) The danger to life and property due to flooding or erosion damage. (11)The duties and responsibilities of the Floodplain Administrator, as related to this chapter, shall include, but not be limited to: (a) Permit review. (i) Review all floodplain development permits to determine that the permit requirements of this chapter have been satisfied; (ii) All other required state and federal permits have been obtained from those federal, state, or local governmental agencies (including §404 of the Federal Water Pollution Control Act of 1972, 33 U.S.C. §1334) from which prior approval is required. (iii) The site is reasonably safe from flooding. (iv) The proposed development does not adversely affect the carrying capacity of areas where base flood • elevations have been determined CD168:4 • TITLE XV. UNIFIED DEVELOPMENT CODE by the floodway has not been (e) Boundary interpretations. Make . designated on the FIRM. For the interpretations where needed as to the purpose of this chapter, "adversely exact location of the boundaries of the affects' means that the cumulative areas of special flood hazards or areas effect of the proposed development of flood -related erosion hazards (i.e., when combined with all other where there appears to be a conflict existing and anticipated between a mapped boundary and actual development will not increase the field conditions). The person contesting water surface elevation of the base the location of the boundary shall be flood more than one foot at any given a reasonable opportunity to point. However, under the appeal the interpretation as provided in provisions of 44 C.F.R. Chapter 1, Chapter 155 of the Unified Development §65.12, of the National Flood, Code, Code of Fayetteville. Insurance Program regulations, a community may approve certain (f) The Floodplain Administrator shall development in Zones Al -30, AE, maintain the records of all appeal AH, on the community's FIRM actions and report any variances to the which increases the water surface Federal Insurance Administration upon elevation of the base flood by more request. than one foot, provided that the community first applies for a (B) Floodplain development permit. A floodplain conditional FIRM revision through development permit shall be obtained before FEMA. obtaining a building permit and prior to any construction or development within any area of (b) Other sources. When base flood special flood hazards or area of flood -related elevation data has not been provided in erosion hazards established in §168.02(A). An compliance with §168.02(A), the application for a floodplain development permit Floodplain Administrator shall obtain, shall be made on forms furnished by the review, and reasonably utilize any base Floodplain Administrator an may include, but not flood elevation and floodway data be limited to: () plans in duplicate drawn to scale S. available from a federal, state, or other showing the nature, location, dimensions, and source, in order to administer this elevation of the area in question; (i) existing or section. Any such information shall be proposed structures, fill, storage of materials, submitted to the Council for adoption, drainage facilities; and (iii) the location of same. Specifically, the following information is required: (c) Alteration or relocation. Whenever a watercourse is to be altered or (1) Proposed elevation in relation to mean sea relocated, the Floodplain Administrator level, of the lowest floor (including shall: basement) of all structures. (I) Notify adjacent communities and (2) Proposed elevation in relation to mean sea the Arkansas Soil and Water level to which any structure shall be flood - Conservation Commission prior to proofed. the alteration or relocation of a watercourse, and submit evidence (3) All appropriate certifications listed in of the notification to the Federal §168.03(A)(11)(a)p). Emergency Management Agency; and, (4) Description of the extent to which a watercourse will be altered or relocated as a (ii) Require that the flood carrying result of proposed development. capacity of the altered or relocated portion of the watercourse is (Ord. No. 4368, §4 (Ex. B), 02-05-02) maintained. • Sec. 168.04. Flood hazard reduction. In all areas (d) Records. Secure and maintain for public of special flood hazards the following standards shall inspection and availability the apply: certifications, appeals, and variances identified in subsection (B) and (A) Anchoring. Chapters 155 and 156 of the Unified development code, Code of Fayetteville, (1) All new construction and substantial . respectively. improvements shall be anchored to prevent flotation, collapse or lateral movement of the CD168:5 structure resulting hydrostatic loads, buoyancy. • • Fayetteville Code of Ordinances from hydrodynamic and or (3), or together with attendant utility and including the effects of sanitary facilities: (2) All manufactured homes shall meet the anchoring standards of §168.04(F). (B) Construction materials and methods. (1) All new construction and substantial • improvements shall be constructed with materials and utility equipment resistant to • flood damage. (2) All new construction and substantial improvements shall be constructed using methods and practices that minimize or resist flood damage. (3) All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment, and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (C) Elevation and flood -proofing. (1) New construction and substantial improvement of structure shall have the lowest floor, including basement, elevated two feet above the base flood elevation specified in feet on the FIRM, or at least two feet above the highest adjacent grade if no depth number is specified. ( See illustration: Figure 1) Nonresidential structures shall meet the standards in §168.04(C)(2). Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer to be properly elevated. The certification, or verification, shall be provided to the Floodplain Administrator. On 11th on Pies. Slob Basement Pars or Cot ah s Base Refertncf Rfference rleed Le ve' Level Clevolgn Bose �Rf!teen[. Dose flood RIeee Ad scent i 4rode Level Eloulgn Elevation Elevo bens shoid be ntosttd at the too of the referent. level floor. (2) Nonresidential construction shall either be elevated in conformance with §168.04(C)(1), (a) Be flood -proofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water. . (b) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. (c) Be certified by a registered professional engineer, or architect that the standards of this subsection are satisfied. (3) Require for all new construction and substantial improvements that fully enclosed areas below the lowest floor, that area subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. 1 Ft. no (a) Either a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices, provided that they permit the automatic entry and exit of flood waters. (See illustration: Figure 2) (b) Be certified to comply with flood - proofing standards approved by the Federal Insurance Administration. (4) Manufactured homes shall also meet the standards in this section. (D) Standards for utilities. (1) All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into flood waters. C 0 0 CD168:6 TITLE XV. UNIFIED DEVELOPMENT CODE • ron't Do ins (2) On -site waste disposal systems shall be located to avoid impairment to them, or contamination from them during flooding. (E) Standards for Subdivisions. Applications for preliminary, final, and/or concurrent plat approval shall contain the requirements identified in §166.01-§166.04 of the Unified Development Code, Code of Fayetteville, in addition to the following: (1) Identify the special flood hazards areas, including delineation of floodways and the elevation of the base flood. (2) All final plats shall provide the elevation of proposed structure(s) and pad(s). If the site is filled above the base flood, the final pad elevation shall be verified by a registered professional engineer, or surveyor, and provided to the Floodplain Administrator (3) All proposals shall be consistent with the need to minimize flood damage. (4) All proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood Hamage. (5) All proposals shall provide adequate drainage to reduce exposure to flood hazards. (6) To the extent practicable, lot boundaries shall be made to coincide with natural and pre-existing man-made drainage ways within subdivisions to avoid the creation of lots that can be built upon in only by altering such drainage ways. (See illustration: Figure 3) Good NLiord 4to Do Tnd flood W IGrd Area (7) Any lot platted so that a portion of the lot lies in a special flood hazard area shall contain a minimum of 6,000 square feet of buildable area, including setbacks, outside the special _-_flood hazard area, or if it contains less than 6,000 square feet of buildable area, it shall be platted to contain a minimum of one acre. Any lot platted so that the entire lot lies in a special flood hazard area shall contain a minimum of one acre. (See illustration: Figure 4) CD168:7 i Buildable I Areo 6,000 Sq. Ft. Min. Flood —" HS_orcl Area (8) For subdivisions partially located in special flood hazard areas, minimum lot area requirements may be waived by the director to allow the platting of lots to be clustered outside the special flood hazard area, the density permitted for the zoning district to be averaged over the entire parcel, provided a permanent conservation easement is granted to the city, a land trust, or the property owners association to ensure that the area of special flood hazard will remain undeveloped. (9) In any area that is located outside a special flood hazard area, but where a stream is located, no building or fill may be located within a distance of the stream bank equal to two and one-half the width of the stream measured from topof bank to top of bank, or 25 feet on each side, whichever is greater. (10) Base flood elevation data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions which are greater than 50 lots or five acres, whichever is less, if not otherwise pursuant to §168.02(A) or §168.03(A)(11)(b). (11) In all areas designated as a Zone A on the FIRM where a detailed study has not been completed to specify the floodway and base flood elevations, no building or fill shall be located within a distance of two and one-half times the width of the stream measured from the top of the bank to the top of bank, or 25 feet on each side, whichever is greater. (a) Provided, the applicant may choose if not required by other provisions of this chapter, to provide a detailed hydrologic and hydraulic study which delineates the SFayetteville Code of Ordinances floodway, 100 -year floodplain boundary, other development unless certification by a and base flood elevations. At such time registered professional engineer, or • a study is provided and adopted by architect, is provided demonstrating that ordinance, the applicant shall meet all encroachment shall not result in any requirements for areas designated with increase in flood levels during the floodway, 100 -year floodplain, and base occurrence of the base flood discharge. flood elevations. (2) If the provisions of §168.04(G)(1) are (b) If, for some reason, the property owner satisfied, all new construction and believes the FIRM to be inaccurate, a substantial improvement shall comply with all letter of map• amendment may be other applicable flood hazard reduction submitted to FEMA. If the boundaries of provisions of §168.04(G). the floodplain are amended by FEMA, setbacks will be enforced pursuant to, (3) Under the provisions of 44 C.F.R. Chapter 1, the amendment. §65.12, of the National Flood Insurance Regulations, a community may permit (F) Standards for manufactured homes. All new and encroachments within the adopted regulatory replacement manufactured homes and additions floodway that would result in an increase in to manufactured homes shall be constructed in base flood elevations, provided that the the following manner community first applies for a conditional FIRM and floodway revision through FEMA. (1) Be elevated so that the lowest floor is two feet above the base flood elevation. (H) Standards for areas of shallow flooding (AO/AH I zones). Located within the areas of special flood (2) All manufactured homes shall be anchored hazard established in §168.02(A), are areas to resist flotation, collapse, or lateral designated as shallow flooding. These areas movement by providing over -the -top and have special flood hazards associated with base frame ties to ground anchors. Specific flood depths of 1 to 3 feet where a clearly defined requirements include: channel does not exist and where the path of flooding is unpredictable and where velocity flow (a) Over -the -top ties be provided at each of may be evident. Such flooding is characterized the four comers of the manufactured by ponding or sheet flow; therefore, the following homes, with two additional ties per side provisions apply: at intermediate locations, with manufactured homes less than 50 feet (1) Residential structures. All new construction long requiring one additional tie per and substantial improvements of residential side; structures have the lowest floor (including basement), elevated above the highest (b) Frame ties be provided at each comer adjacent grade at least as high as the depth of the home with five additional ties per number specified on the FIRM (at least two side at intermediate points, with feet if no depth number is specified). manufactured homes less than 50 feet long requiring four additional ties per (2) Non-residential structures. All new side; I construction and substantial improvements of nonresidential structures: (c) All components of the anchoring system shall be capable of carrying a force of (a) Have the lowest floor (including 4,800 pounds; and basement) elevated above the highest adjacent grade at least as high as the (d) Any additions to the manufactured depth number specified on the FIRM (at homes shall be similarly anchored. least two feet if no depth number is specified). (G) Floodways. Located within areas of a special flood hazard established in §168.02(A), are areas (b) Together with attendant utility and designated as floodways. Since the floodway is sanitary facilities be designed so that an extremely hazardous area due to the velocity below the base flood level the structure of flood waters which carry debris, potential is watertight with walls substantially projectiles, and erosion potential, the following impermeable to the passage of water provisions shall apply: and with structural components having the capability of resisting hydrostatic (1) Prohibit encroachments, including fill, new and hydrodynamic loads of effects of construction, substantial improvements, and buoyancy. • CD168:8 • TITLE XV. UNIFIED DEVELOPMENT CODE I I* I! (3) Certification. A registered professional engineer, or architect, shall submit a certification to the Floodplain Administrator that the standards of this section, as set forth in §168.03(6) are satisfied. (4) Drainage. Require adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures. (Code Nor 1965, §6-94; Ord. No. 2018, 6484; Ord. No.. 2412, 2-7-78; Ord. No. 2764, 10-20.81; Ord. No. 3251, 3-17- 87; Code 1991, §153.01; Ord. No. 3888, §1, 4-18-95; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4265, 8-1-00; Ord. No. 4368, §4, (Ex. B), 2-5-02) State law reference(s)—Legislative determination, A.C.A. §14-268-101 etseq. Federal reference(s)—See also: 44 C.F.R. Chapter 1, §65.12, National Flood Insurance Regulations; 33 U.S.C. §1334, Part 404, Federal Water Pollution Control Act. Sec. 168.05— 168.99 Reserved. CD168:9 TITLE XV. UNIFIED DEVELOPMENT CODE Chapter 169. Physical Alteration of Land. Sec. 169.01. Intent. Sec. 169.02. General requirements. Sec. 169.03. Permits required/exceptions. Sec. 169.04. Minimal erosion control requirements. Sec. 169.05. One-time approvals. Sec. 169.06. Land alteration requirements. Sec. 169.07. Grading plan specifications. Sec. 169.08. Grading plan submittal. Sec. 169.09. Minor modifications. Sec. 169.10. Approval. Sec. 169.11. Discovery of historic resources. Sec. 169.12. Certificate of occupancy. Sec. 169.13. Owner responsibility. Sees. 169.14.-169.99. Reserved. p CD169:1 • Fayetteville Code of Ordinances • • I 0 r1 LJ CD169:2 TITLE XV. UNIFIED DEVELOPMENT CODE• CHAPTER 169. PHYSICAL ALTERATION OF LAND. • See. 169.01. Intent Sec. 169.03. Permits requiredlexceptions. (A) It is the citys intent to safeguard the health, (A) Permit required. No grading, filling, excavation, safety, and welfare of Fayetteville citizens by or land alteration of any kind shall take place implementing standards and procedures for the without first obtaining: 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 (1) A grading permit pursuant to this chapter Health & Safety Act. except as specified in §169.03(B); (B) The purpose of this chapter is to control grading, (2) A stormwater management, drainage and clearing., filling, and cutting (or similar activities) erosion control permit (hereinafter referred to which alone or in combination cause landslides, as a "drainage permit") except as specified in flooding, degradation of water quality, erosion §170.03(C) and §170.03(D); and and sedimentation in storm sewer systems and water storage basins. It is also the intent of this (3) An Arkansas Department of Environmental chapter that through the implementation of the Quality Stormwater Construction Permit and guidelines and regulations contained herein, the incorporated Stormwater Pollution existing scenic character and quality of the Prevention Plan, if required by state law. neighborhood and city as a whole not be diminished. (B) Exceptions where no grading permit is required. Grading permits are not required for the (Code 1991, §161.01: Ord. No. 3551,6-4-91; OS. No. 4100, following: §2 (Ex. A), 6-16-98; Ord. No. 4113, §1, 8-18-98) (1) Excavation below finish grade. Excavations Sec. 169.02. General requirements. below finished grade for basements, footings, swimming pools, hot tubs, septic (A) Protection. Persons engaged in land alteration systems, retaining walls, and like structures • activities regulated by this chapter shall take authorized by a valid building permit. measures to protect public and private properties from damage by such activities. (2) Cemetery graves. Cemetery graves. (B) Site conditions. Development shall generally (3) Refuse disposal. Refuse disposal sites conform to the natural contours of the land, controlled by other regulations. natural drainage ways, and other existing site conditions. (4) Single-family/duplex. Construction of one single-family residence, or duplex except (C) Adjacent properties. All developments shall be where the average slope across the lot is constructed and maintained so that adjacent 15% or greater, or where any, portion of the properties are not unreasonably burdened with planned grading activities is contained within surface waters as a result of such development. the 100 year floodplain. More specifically, new development may not unreasonably impede water runoff from higher (5) Building additions. Building additions of less properties nor may it unreasonably channel water than 2,000 square feet where associated onto lower properties, land alteration activities are not beyond the scope of what is necessary to construct said (D) Restoration. Land shall be revegetated and addition. restored as close as practically possible to its original conditions so far as runoff and erosion (C) Grading permit application and approval. No are concerned. grading permit shall be issued until the grading plan, endorsed by a registered architect, (Code No. 1991, §161.02; Ord. No. 3551, 6-4-91; Ord. No. landscape architect, or engineer, is approved by 4100, §2 (Ex. A), 6-16-98; Ord. No. 4113, §1, 8-18-98) the City Engineer. A separate permit shall be required for each site; it may cover both excavations and fills. Any application for a required grading permit under this chapter shall be submitted concurrently with the application • and calculations for a drainage permit if such drainage permit is required by §170.03., CD169:3 Fayetteville Code of Ordinances • coordination with Chapter 167. Tree Preservation Sec.169.05. One-time approvals. and Protection. is required. (D) Permit posted. A copy of the grading permit cover page shall be posted at or near the street right-of-way line and shall be clearly visible from the street. (Code 1991, §161.03; Ord. No. 3551, 6-5.91; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4113, §1, 8-18-98; Ord. No. 4313,5-15-01) Sec. 169.04. Minimal erosion control require- ments. If exempt under §169.02, a grading permit is not required. However, exempt as well as non-exempt 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. Stabilization methods such as baled straw, fitter fabric, ditch checks, diversion ditches, brush barriers, sediment basins, matting, mulches, grasses and groundcover shall be used. (C) Intemrittentfperennial 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 setback sufficiently from intermittent and perennial streams and other stormwater 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 stormwater 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 streets. Any debris, soil, or mud from development sites reaching a public street shall be immediately removed. (Code 1991, §161.04; Ord. No. 3551, 6-5.91; Ord. No. 3947, 41, 2 6 -966 -OS. No. 4100, §2 (Ex. A), 6.16.98; Ord. No. (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 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 through 165. (Code 1991, §161.05; Ord. No. 3551,6-4-91; Ord. No. 4100, §2 (Ex. A), 6-16-98) Sec. 169.06. Land alteration requirements. (A) Grading plan evaluation. Grading plans shall be evaluated by the City Engineer for conformance with the minimal erosion control requirements of §169.04 and the following requirements. (B) Requirements waded. Requirements may be varied by the City Engineer with the approval of the Planning Commission. The extent to which variations may be made will depend on the soil types encountered, planned slopes, planned vegetation, and investigative engineering reports. In no case shall the. City Engineer waive or modify any of the minimum erosion control requirements as given in §169.04. (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 approved by the City Engineer. (2) Maximum length.. The maximum length of any cut or fill slope without a terrace (as described in (D) below shall be 100 feet as measured along the ground. The terrace shall be at least six feet (67 wide. (3) Existing topography. Cut 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. (4) Setback requirements. The following setback requirements shall be reviewed by the City Engineer for purposes of assessing safety, stability, and drainage problems: (See illustrations). 9 • • CD169:4 0 TITLE XV. UNIFIED DEVELOPMENT CODE (a) Setback from top or toe of cut or fill. information •to show that setbacks Buildings shall be setback from the top greater than those given are not needed . or toe of a cut or fill in accordance with to protect property, utilities, or the Zoning. Chapters 160 through 165; integrity of property lines. Building Regulations, Chapter 173; or the approved grading plan, whichever is (D) Cuts. greatest. (1) Vertical height. Cuts shall be limited to 10 (b) Setbacks from, property lines. The feet in vertical height unless information required setback of retaining walls, cut demonstrating slope stability, erosion slopes, and fill slopes from property control, and drainage control is provided -lines—shall—be as- given --in the . together with a revegetation plan. For illustrations. Property lines may be filled nonsolid rock cuts, terraces shall be required over or cut if a grading plan for the cut for cut greater than 10 feet in height. It is or fill is submitted jointly by the owner of recommended that terracing be at a both properties and if no utility maximum ratio of one foot of horizontal easements are involved. If utility terrace for every foot of vertical surface. easements are involved, approval is -required as given in (c) below in addition (2) Maximum vertical cut. In solid rock, as to the joint submittal requirement. determined by geotechnical and engineering data approved by the City Engineer, the (c) Setbacks from the edge of an maximum vertical cut shall be 30 feet. easement The required setback of retaining wall, cut slopes, and fill slopes (3) Fill material. In no case shall a cut be from the edge of easements shall be as allowed primarily for the purpose of obtaining given in the illustrations. Where no fill material to a different site, unless the utilities are present in an easement, or exporting site is located within an extraction where utilities are planned to be district. relocated, and where such action is• approved by all utilities, then easements (E) Fills. may fall within a cut or fill section. (1) Rocks47lL All imported fill shall be free of • (d) Setbacks from structures. The required rocks greater than 12 inches in diameter and setback of retaining walls, cut slopes, any detrimental organic material or refuse and fill slopes from structures shall be debris. as given In the illustrations. If a structure forms an integral part of the (2) Compaction. Fill shall be placed and retaining wall, then the setbacks do not compacted as to minimize sliding or erosion apply to that structure. of soil. Fill compaction shall equal the compaction of undisturbed, adjacent soil, (e) Public tights -of -way. . Cuts adjacent to except fills. covered by Building Regulations, public rights -of -way shall be setback a Chapter 173, or other structural fills. The minimum of 25 feet, excluding I City Engineer may require soil tests during driveways or access roads. compaction work or upon its completion at the expense of the permittee. (f) Calculating setbacks. For the purpose of calculating setbacks, any cut or fill (3) Grade. Fill shag not be placed on existing section which is on a slope of one to slope with a grade steeper than 15% (6.67 one or greater shall be considered a horizontal to I vertical) unless keyed into retaining wall, steps in the existing grade and thoroughly stabilized by mechanical compaction. (g) Administration variance. Setbacks from easement lines and structures may be (4) Terraces. Terraces shall be required for fills. varied administratively by the City greater than 10 feet in height. It is Engineer if geotechnical and/or recommended that terracing be at a structural information is provided that in maximum ratio of one foot of horizontal the opinion of the City Engineer justifies terrace for every foot of vertical surface. the variance. (F) Erosion and sedimentation control. (h) Additional information required. The City Engineer may require further (1) Permanent improvements. Permanent . geotechnical and/or structural improvements such as streets, storm CD169:5 • Fayetteville Code of Ordinances 0 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) Zero to 10% grade: Revegetation shall be a minimum of seeding and mulching. Said seeding shall provide complete and uniform coverage that minimizes erosion ((3) and runoff in no more than two growing seasons. §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 §169.06(F)(4) above. (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. Undisturbed land requirements. In the development of residential subdivisions, allowable grading of slopes shall be in accordance with this table. (b) 10% to 15% grade: Revegetation shall be a minimum of hydroseeding with mulch and fertilizer, staked sod and/or Average Grade Minimum Undisturbed Area groundcover. Said planting shall 10 to 15 percent 40 percent • provide complete and uniform coverage 15 to 20 percent 50 percent in no more than two growing seasons. >20 percent 60 percent (c) 15% to 20% grade: The slope shall be (H) Required retaining wall and rock cut design. covered with landscape fabric and planted with groundcover as set forth in (1) DesigMnspection. Any retaining wall more (b) above, than four feet in height shall be designed by a registered professional engineer and shall (d) More than 20% grade: Any finish grade be field inspected by the design engineer. over 20% shall be stabilized with The City Engineer may require retaining retaining walls, cribbing, terraces, walls less than four feet in height to be landscape fabric, vegetation, or riprap. designed by a professional engineer. If riprap is used the slope's stability and erodibility must be equivalent to or (2) Investigation/report. All proposed rock cuts better than its predevelopment state. and any cut 10 feet or greater will require a geotechnical investigation and a formal (5) Plant/water. Plant materials shall be report submitted by a registered professional watered or irrigated and tended. Where engineer qualified to make such irrigation or regular watering is not available, investigations. only native or acclimated plant species shall be used. If the soil cannot properly sustain (3) Safety railings. Safety railings may be vegetation, it must be appropriately required on any retaining wall 2.5 feet or amended. If revegetation is not firmly higher. The decision as to whether to established and healthy after one year, the require safety railing shall be based on landscape administrator shall require that it potential pedestrian and public access to the be redone in part or total. retaining wall and applicable building codes. This requirement for safety rails shall also (6) Planttenace bench. Plant materials shall be apply to vertical or near vertical rock cuts planted along terrace benches. (See: and to steep cut or fill slopes.. • CD169:6 TITLE XV. UNIFIED DEVELOPMENT CODE . (Code 1991, §161.07; Ord. No. 3551, 6-4-91; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4113, §1,8-18-98) PL or EL EL Sri I I. I• Sec. 169.07. Grading plan specifications. (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. bonstruction (2) Exiting grades. Existing grades shall be Limits of —shown—with -_dashed_ line contours and Retaining = s nntn. wan proposed grades with solid line contours. Contour intervals shall be a maximum of two feet. Spot elevations shall be indicated. _ PL = Prop?M Line EL = Easement Line Cb=seal PLorEL Co C = ConslMbn Distance H = Hight of RetaJ,IM%llPL or E SIB = 5•............ Note: Setbacks may be Increased when adjacent to easements with deep sanitary sewer of other deep lines (3) Designation of grade. Areas with 0 to 10%, 10 to 15%, 15 to 20% and more than 20% grade _shall .each. be identified. -. in. a distinguishing manner. (4) Identify land to be disturbed. Land areas to be disturbed shall be dearly 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 dearly shown on the plan. (7) Streets and fights -of -way. Location and Y Pro * .mom �.e. sLAwms ye names of all existing or platted streets or ee-z se- rights -of -way within or adjacent to tract and s a a s a ° . --•• location of all utilities and easements within s;m'aµ s . : or adjacent to the property shall all be a't1:1 a sa-c.s tMca , indicated. p > 1:1 T aRaebtl,gwx R-IOdtd F�bWq wN •[ C I - 1M EM II ;ilarsbtm ' tarro <3:1 S 3:1 to1:130• '1:1 Teat as aebbeq wall B. e ..dd In CD169:7 (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. 0 Fayetteville Code of Ordinances • (13) Surface water. Provisions for collecting and discharging surface water. (14) Underground utilities. Profiles and cross sections of streets, drainage systems, and underground utilities, if they are necessary to clarify the grading plan in terms of potential erosion or runoff, or if the grading on site has the potential of disturbing the utility line. (15) Treatment of slopes and benches. The _nmthod 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. In addition to the above items, the city may require a cross section through the .• property showing existing and proposed grades as part of the preliminary submission. 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, sift 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 soil engineering study, or soil loss calculations if site conditions so warrant. (Code 1991, §161.08; Ord. No. 3551,6-4-91; Ord. No. 4100, §2 (Ex A), 6-16-98; Ord. No. 4113, 8-18.98) Sec. 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 (Code 1991, §161.09; Ord. No. 3551,6-4-91; Ord. No. 4100, §2 (Ex. A), 6-16-98) Cross reference(s)—Notification and Public Hearings, Ch. 157. Sec. 169.09. Minor modifications. Finish grades shall be allowed no more than a 0.50 foot tolerance from the grading plan. However, the City Engineer may authorize in writing minor modifications so long as they do no 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. Sec. 169.10. Approval. Approval of a grading plan is contingent on meeting all the requirements of this ordinance plus any set of varied requirements approved by the Planning Commission. (Code 1991, §161.10;Ord. No. 3551, 64-91; Ord. No. 4100, §2 (Ex. A), 6-16-98; ord. No. 4113, 8-18-98) Sec. 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; Ord. No. 4100, §2 (Ex. A), 6-16-98) Sec. 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 Building Safety Division Director shall consider weather conditions and temporary stabilization measures. (Code 1991, §161.15; Ord. No. 3551, 6-4-91; ON. No. 4100, • §2 (Ex. A), 6-16-98) CD169:8 TITLE XV. UNIFIED DEVELOPMENT CODE • Sec. 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 the chapter shall be likewise transferred to the new property owner. (Code 1991, §161.16; Ord. No. 3551.6-4-91; Ord. No. 4100, §2 (Ex. A);6-16.98)-._ __ _-- _-- - - - Secs. 169.14.-169.99. Reserved. 0 Is CD169:9 • Fayetteville Code of Ordinances 0 CD169:10 TITLE XV. UNIFIED DEVELOPMENT CODE Chapter 170. Stormwater Management, Drainage and Erosion Control. Sec. 170.01. Intent. Sec. 170.02. Adoption of Drainage Criteria Manual. Sec. 170.03. Permits required. Sec. 170.04. Permit conditions. Sec. 170.05. Permit application. Sec. 170.06. Submission, review, and approval of plans. Sec. 170.07. Performance criteria. Sec. 170.08. Maintenance responsibility. Sec. 170.09. Processing. Sees. 170.10.-170.99. Reserved. S. CO170:1 0 Fayetteville Code of Ordinances • 0 CD170:2 TITLE XV. UNIFIED DEVELOPMENT CODE CHAPTER 170. STORM WATER MANAGEMENT, DRAINAGE AND EROSION CONTROL. • • Sec. 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 requirements of this chapter. (4) Promoting the development of stormwater facilities that are aesthetically desireable. (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 storm water. 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 system's capacity (4) Future problems. Many future problems can be avoided if land is developed in accordance with sound stormwater runoff management practices. (Code 1991, §163.03; Ord. No. 3895, 1, 6-20-95; Ord. No. 4100, §2 (Ex. A), 6-16-98) Sec. 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; Ord. No. 4100, §2 (Ex A), 6-16-98) Sec. 170.03. Permits required. (A) Applicability. This chapter shall apply to all land within the corporate limits of the City of Fayetteville. 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, or conduct grading, clearing, or filling activities without first obtaining a stormwater management, drainage and erosion control permit (hereinafter referred to as a "drainage permit) from the city, except as specified in §170.03(C) and §170.03 (D) below. (B) Permit application. Any application for a drainage permit shall be submitted according to §170.05 below, and shall be submitted concurrently with the application for a grading permit, if such grading permit is required by §169.03. The drainage permit applications shall include at the time of submission the calculations required by §170.05(B)(7). The application also shall state whether or not detention is required, and shall provide the basis for that conclusion, utilizing the performance criteria set forth in §170.07 below. The City Engineer shall make the final determination regarding detention. CD170:3 (C) Project not requiring detention. Any project that requires a drainage permit that does not require detention may receive, with the approval of the City Engineer, a grading permit prior to issuance of the drainage permit. Any grading permit issued prior to the issuance of a required drainage permit shall be subject to the following: (1) Insufficient or incomplete drainage permit application. If the drainage permit application, including the required calculations, is determined by the City Engineer to be insufficient or incomplete, it shall be revised and resubmitted by the applicant within four (4) weeks of receipt of written notice of insufficiency or incompleteness. • Fayetteville Code of Ordinances • (2) Deadline for the revised application. A stop work order for all grading on the project shall be issued by the City Engineer if a revised application is not submitted within four (4) weeks of receipt by applicant of the written notice of insufficiency or incompleteness. However, the City Engineer may delay issuance of the stop work order if the City Engineer determines that the applicant has demonstrated prior to the deadline that circumstances not reasonably foreseeable and beyond the applicants reasonable control prevented his timely resubmission of a sufficient and complete revised drainage permit application. (3) Insufficient or incomplete revised application. A stop work order for all grading on the project shall be issued by the City Engineet if the revised application is determined by the City Engineer to be still insufficient or incomplete. (4). Stabilization and revegetation after stop work order. If a stop work order is issued pursuant to §170.03 (C) (3), the applicant shall stabilize and revegetate all graded and otherwise disturbed areas as set forth in §169.06(F)(4) and §169.04(B). (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. (E) 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. (Code 1991, §163.04; Ord. No. 3895, §1, 6.2045; OM. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4314,5-15-01) Sec. 170.04. Permit conditions. Each permit issued shall be subject to the following conditions. (A) Area. The development, including associated construction, shall be conducted only within the area specified in the approved permit. (B) (5) Termination of stop work order. Any stop work order issued pursuant to §170.03 (C) (2) or §170.03 (C) (3), shall expire upon the issuance of a drainage permit and compliance with any conditions contained in the drainage permit. (C) (D) Exceptions where no drainage permit is required. Drainage permits are not required for the following: (1) Single-family/duplex. One single-family residence or duplex. (2) Commercialandustrial. One commercial or industrial project built on an individual lot that is part of a larger subdivision that has been issued an approved drainage control permit when the proposed project is demonstrated to be in compliance with the overall subdivision drainage permit. (3) Existing commercial/industrial. Existing commercial and industrial structure where additional structural improvements are less than 2,000 square feet. (4) Maintenance. Maintenance or clearing activity that does not change or affect the quality, rate, volume, or location of stormwater flows on the site, or runoff from the site. Execution. Activities requiring a stomrwater 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. 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. (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 LJ 0 CD170:4 LE XV. UNIFIED DEVELOPMENT CODE • resulting in a schedule extension of more than 30 and encompassing both the project area and days, or if deviations from the permit conditions the drainage area that contributes runoff. are, expected to occur, approval of a permit modification is required by the City Engineer. (5) Grading, drainage, paving, building drawings. Proposed grading, drainage, (G) Transfer. No transfer, assignment, or sale of the paving, and building drawing(s) showing rights granted by virtue of an approved permit details of proposed grading, drainage, shall be made without prior written approval from paving, and buildings. the City Engineer. (6) Erosion and sediment drawings. Erosion (H) Special. Any additional special conditions, as and sediment control drawing(s) and deemed appropriate by_the City Engineer, shall specifications identifying the type, location, be established to address -specific -project -needs, and schedule for implementing erosion and or circumstances. sediment control measures, including appropriate provisions for maintenance and (Code 1991, §163.05; Ord. 3895, §1, 6-20-95; Ord. No. disposition of temporary measures. 4100, §2 (Ex. A), 6-16-98) (7) Technical report. Technical report, prepared Sae. 170.05. Permit application. A stormwater by a registered professional engineer, management, drainage, and erosion control permit describing the assumptions, calculations, application shall be submitted to the City Engineer . and procedures used for determining using appropriate forms as provided by the city. A compliance with the performance criteria permit application shall contain sufficient information established by this chapter. and plans to allow .the City Engineer to determine whether the project complies with the requirements of (8) Maintenance report Maintenance report this chapter. The specific items to be submitted for a (text and drawings), prepared by a registered permit application shall be in the form and follow the professional engineer, describing the procedures as described in the Drainage Criteria activities and schedule required to operate Manual, Section 1, Drainage Report Checklist. and maintain the permitted facilities until Submittal information and plans shall include, but not accepted by the city. be limited to the following: • (Code 1991, §163.06; Ord. No. 3895, §1, 6-20-95; Ord. No. (A) Applicant identification. Applicant information, 4100, §2 (Ex A), 6-16-98) including the name, address, and telephone number of the owner and developer, and proof of Sec. 170.06. Submission, review, and approval of ownership of the properly to be permitted. In plans. addition, the legal description of the property shall be provided, and its location with reference (A) General. The stormwater management, drainage, to such landmarks as major water bodies. . and erosion control plans shall be prepared by the engineer of record, who is a licensed (B) Plan. Stormwater management, drainage and professional engineer of the State of Arkansas. erosion control plan, shall include, but not be limited to the following: (B) Pre -preliminary drainage plan and review. A pro - preliminary stormwater management, drainage, (1) Aerial photograph. Aerial photograph, if and erosion control plan review with the available, of the project vicinity, covering the engineering staff is suggested before platting, project area and the total lands that . raplats, lot splits, building permits, and/or contribute runoff. development improvements begin for the purpose of overall general drainage concept (2) Topographic map. Topographic map of the review. project area showing the location and elevation of benchmarks, including at least (C) Preliminary stormwater , and drainage plan. one benchmark for each control structure. Preliminary stormwater management, drainage, and erosion control plans and accompanying (3) Land use map. Land use map showing both information as described in the Drainage Criteria current and proposed conditions for the Manual shall be submitted at the time of the drainage area that contributes runoff. preliminary plat, replat, lot split, building permit and/or development improvements are (4) Soils and vegetation map. Soils and submitted. If needed, a review meeting will be vegetation map displaying the most recent scheduled by the City Engineer with U.S. Soil Conservation Service information representative of the developer, including the • engineer, to review the overall concepts included CD170:5 Fayetteville Code of Ordinances • in the preliminary stormwater management. Sec. 170.07. Performance criteria. drainage, and erosion control plan. The, purpose of this review shall be to jointly agree upon an (A) Stormwater management, drainage, and erosion overall stormwater management concept for the control plan. Stormwater management, drainage, proposed development and to review criteria and and erosion control plans shall be prepared in design parameters that shall apply to final design accordance with performance standards that of the project have been structured to achieve the purposes and objectives of this chapter as well as to (D) Final stonnwater management, drainage, and ensure that the quality and quantity of runoff after erosion control plan. Following the preliminary development is not substantially altered from pre- stormwater management, drainage, and erosion development conditions. control plan review, the final stormwater management drainage, and erosion control plan (B) Performance criteria. Except as otherwise shall be prepared for each phase of the proposed provided in this chapter, a development must be project as each phase is developed. The final designed, constructed, operated, and maintained plan shall constitute a refinement of the concepts to comply with the following performance criteria: approved in the preliminary stormwater, I drainage, and erosion control plan, with (1) Flood Damage Prevention Code. Provisions preparation and submittal of detailed information for floodplain management criteria shall be as required in the Drainage Criteria Manual. This consistent with those contained in Chapter plan shall be submitted at the time construction I 168, the Flood Damage Prevention Code. drawings are submitted for approval. (2) Peak discharge. The post -development (E) Review and approval of final storm water peak rate of surface discharge must not management, drainage, and erosion control exceed the existing discharge for the 100 plans. Final stormwater management, drainage, year, 24 hour storm, the 10 year, 24 hour and erosion control plans shall be reviewed by storm, and the 2 year, 24 hour stoim, unless the City Engineer. If it is determined according to other discharge limits are deemed applicable present engineering practice that the proposed for a specific site by the City Engineer. development will provide control of stormwater runoff in accordance with the purposes, design (3) Erosion and channel stability. All stormwater criteria, and performance standards of these management systems shall be evaluated regulations and will not be detrimental to the based on their ability to prevent erosion and public health, safety, and general welfare, the sedimentation of the receiving waters and City Engineer shall approve the plan or adverse impacts on the site's natural conditionally approve the plan, setting forth the systems. The design engineer shall consider conditions thereof. the on -site and downstream effects of the peak discharges and shall design both the (F) Of --site improvements. If it is determined that off- permanent and the construction phase of the site drainage improvements are required, and stormwater management system in a that such specific off -site drainage improvements manner that will not increase flooding, are consistent with the city's current and channel instability, or erosion downstream established priorities, then cost sharing will be in when considered in aggregate with other accordance with Required Off -site developed properties and downstream Improvements." If the city is unable, or unwilling, drainage capacities. to contribute its share of the oft site costs, the developer shall have the option of (4) Drainage into wetlands. Areas defined as "wetlands" by the appropriate federal (1) Developer's expense. Building the off -site agencies shall be protected from adverse improvements at his/her own expense; changes in runoff quantity and quality from associated land development. (2) Detention. Providing detention so as to match downstream capacities; or (5) Drainage Criteria Manual. The technical procedures and design standards contained (3) Delay project. Delaying the project until the in the Drainage Criteria Manual, prepared for city is able, or willing, to share in the off -site the City of Fayetteville, and adopted by this costs. chapter and as may be amended from time to time, shall be used for guidance to (Code 1991, §163.07; Ord. No. 3895, §1, 6.20-95; Ord. No. determine compliance with the performance 4100, §2 (Ex. A), 6-16-98) criteria established by this chapter. • CD170:6 . TITLE XV. UNIFIED DEVELOPMENT CODE I I (Code 1991, §163.08; Ord. No. 3895, §1, 6-20-95; Ord. No. 4100, §2 (Ex. A), 6-16-98) Sec. 170.08. Maintenance responsibility. (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_forrnal letter from the City Engineer.... (B) Approved entities. All stormwater management systems accepted as dedications by the city shall be maintained by the city. 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. 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: (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 entity. 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; or, (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 assurances of financial capability to operate and maintain services. .(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 schedule 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; Ord. No. 4100, §2 (Ex. A), 6-16-98) Cross reference(s)—Enforcement, Ch., 153; Appeals, Ch. 155, Variances, Ch. 156; Bonds and Guarantees, Ch. 158; Feed, Ch. 159. Sec. 170.09. Processing. Procedure for processing of permit applications shall be as follows: (A) Application. Stormwater management, 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. CD170:7 (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 • Fayetteville Code of Ordinances • reasons for the denial shall be provided to the applicant. (Code 1991, §163.10; Ord. No. 3895, §1, 6-20-95; Ord. No. • 4100, §2 (Ex. A), 6.16.98) Secs. 170.10.-170.99. Reserved. • I • CD170:8 TITLE XV. UNIFIED DEVELOPMENT CODE , I* I• CD170:9 TITLE XV. UNIFIED DEVELOPMENT CODE Chapter 171. Streets and Sidewalks. Sec. 171.01. Miscellaneous provisions. Sec. 171.02. Intersections. Sec. 171.03. Street improvements. Sec. 171.04. Crosswalks to be accessible to physically disabled. Sec. 171.05. Procedure for dosing utility easements and street rights -of -way. Sec. 171.06. Occupation of streets and highways by public utilities. Sec. 171.07. Maintenance and construction policies. Sec. 171.08. Order of City Council or permit required. Sec. 171.09. Application for permit. Sec. 171.10. Standards for issuance of permit; expiration and removal. Sec. 171.11. Inspection of work; replacement of rejected work. Sec. 171.12. Property owner to construct sidewalk or contribute cost of sidewalk. Sec. 171.13. Sidewalk and driveway specifications. Sec. 171.14. Excavations. Sec. 171.15. Street improvement districts. Secs. 171.16.-171.99. Reserved. S • CD171:1 • Fayetteville Code of Ordinances • I r LJ 0 CD171:2 CHAPTER 171. STREETS AND SIDEWALKS. • Sec. 171.01 Miscellaneous provisions. 4-15-80; Code 1991, §98.01, 98.02, 98.06; Ord. No. 4100, §2 (Ex. A), 6-16-98) (A) Rules and regulations governing 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 approval 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/her shall deem 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. (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 "street," and all thoroughfares now or hereafter platted, which 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; "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. (C) Retaining walls near sidewalk or right-of-way. Cross reference(s)-Enforcement Ch. 153. Sec. 171.02. Intersections. (A) Streets shall be planned and designed to provide a safe system for present and prospective traffic and shall be approved by the City Engineer. (B) Proposed streets shall be planned in such a manner as to provide safe access to proposed lots. (C) Design standards: Ordinary HilPy Approach 25mph h 20m h Sight distance 90 feet 70 feet Grades within 100 ft. Flat 4% Minimum angle 75° 75° Minimum Curb Radius Minor streets 30 feet 30 feet Collector streets 50 feet 50 feet Minimum Jon Minor streets 150 feet 150 feet Collector streets 200 feet 200 feet (Code 1965, App. C., Art. IV, §E; Ord. No. 2196, 2-17-76; Code 1991, §159.50; Ord. No. 4100, §2 (Ex. A), 6-16-98) Sec. 171.03. Street improvements. (A) When commercial, industrial, residential or multi- family development takes place along any street which is not constructed according to the city's existing standards, the developer shall: (1) Permit It shall be unlawful for any person to (1) Dedicate sufficient right-of-way to bring the construct any retaining wall within two (2) street into conformance with the right-of-way feet of the inside of any sidewalk in the city requirements of the city's Master Street Plan, or, if there is no sidewalk, within two (2) feet provided, the City Council may vary the right - of the platted line of the city right-of-way, of -way dedication requirement imposed without first obtaining a permit to do so from hereby in the event of undue hardship; the Mayor, or other official designated by the Mayor. (2) Install street paving, curbs, gutters, and sidewalks necessary to bring the street into (2) Established line. In all cases where a permit conformity all existing is required under the terms of this section, edcity bear that heevedeveloper required bear that pox devofthe shall be the City Engineer shall establish the line pt portion of the costs of said improvements o upon which the retaining wall is to be built. p which bears a rational nexus to the needs created by the development. (Ord. No. 845, 5-6-40; OM. No. 1026, 6-23-52; Ord. No. • 1262, 5$61; Code 1965, §18-1, 18-2, 18-7; Ord. No. 2623, CD171:3 IFayetteville Code of Ordinances • (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 1965, App. C., Art. IV, §J; Ord. No. 2935, 8-2-83; Ord. No. 3302, 10-20-87; Code 1991, §159.55; Ord. No. 4100, §2 (Ex. A), 6-16-98) See. 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 1965, §18-14; Ord. No. 2267, 8-17-76; Code 1991, §98.12: Ord. No. 4100, §2 (Ex. A), 6-16-98) Sec. 171.05. Procedure for closing utility' easements and street rights -of -way. The procedure for dosing 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 photostatic copy of the plat on record in the Circuit Clerk's office. (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. (B) Information to Zoning and Development AdministratodPlanning Commission. One copy of the above shall be presented by the City Clerk to the Zoning and Development Administrator who shall submit same for review and recommendation of 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 dosing or vacating the street or alley, it shall be published and reported in the Circuit Clerk's office. (Code 1965, §18-15; Ord. No. 1685, 7-7-69; Ord. No. 1898, 1-16-73; Code 1991, §98.13; Ord. No. 3925, §1, 10-3-95; Ord. No. 4100, §2 (Ex. A), 6-16-98) Cross reference(s)—Notifications and Public Hearings, Ch. 157, Fees, Ch. 159. Sec. 171.06. Occupation of streets and highways by public utilities. 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 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 (7) 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 right-of-ways 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 14 feet below the low points of roadway cross section, or 3 1b feet below the bottom of surfacing CD171:4 TITLE XV. UNIFIED DEVELOPMENT CODE (top of subgrade), whichever gives the greater depth; and the normal minimum (3) Cased and uncased construction: depth of bury on all parallel (longitudinal) lines shall be two (2) feet. (a) Without protective conduit. Where acceptable to both the utility and the (c) Aboveground appurtenances. Pedestals City Engineer on minor streets, or other aboveground utility underground crossings may be installed appurtenances shall be located at or without protective conduit or duct. near the right-of-way line well outside of Normally, such installations should be the street maintenance operation area. limited to open -trenched construction or to small bores for pipe, wire or cable (d) City Engineer_approval. All proposed . - facilities where soil conditions permit locations and utility designs shall be installation by boring a hole about the reviewed and -subject to approval by the same diameter as the pipe or cable and City Engineer to ensure that the pushing the pipe or pulling the cable proposed construction will not cause through. avoidable interference with existing or planned street facilities, or with street (b) Encased in protective conduit. Where operation or maintenance. The crossings of underground lines . are procedure for submitting plans and encased in protective conduit or duct, information to the City Engineer for the encasement shall extend a suitable approval shall be developed and agreed distance (minimum where practical upon by each utility and the City equal to the depth of bury) beyond the Engineer. slope or ditch lines. On curbed sections, it should extend outside the outer curbs (e) Expansion of underground utilities. On or sidewalk. Where appropriate, the both cased and uncased installations, encasement shall extend to the access particularly on crossings installed in control lines, to the outside of frontage advance of new street construction, roads, or to an indicated line that allows consideration should be given by the for future widening of the street. utility for placing a spare conduit or dud . to accommodate known or planned (c) Other. Consideration should be given to expansion of underground lines. encasement or other suitable protection for any pipe, wire or cable facilities with (f) Underground installations. The controls less than minimum bury, near the for pipelines as apply to encasements, footings of bridges or other street conduits, appurtenances, installations, structures, or near other locations where trenched and untrenched construction, there may be hazard. and adjustments shall be followed, as applicable, on underground installation (4) Street design. When plans for street of electric power and communication improvement and development are lines. formulated, utility line locations should be recognized and the street designed so as to (2) Location and alignment: minimize conflict with existing utilities. (a) Crossings. Crossings should be located (Code 1965, §18-17.1; Ord. No. 2850, 8-17-82; Ord. No. as near normal to the street alignment 2926, 6-7-83; Ord. No. 3245, 3-3-87; Code 1991, §98.14; as practical. Ord. No. 4100, §2 (Ex. A), 6-16-98) (b) Underground crossings. Conditions Sec. 171.07. Maintenance and construction which are generally unsuitable or policies. The city's policies concerning and regarding undesirable for underground crossings the maintenance and construction of streets, curbs, should be avoided. These indude gutters, and sidewalks shall be as follows: locations such as deep cuts; near (A) Maintenance. The city shall maintain roadways footings of bridges retaining walls; in the city which have been accepted by the city across intersections at grade or ramp as city streets, or which have come under the terminals; at cross drains where flow of jurisdiction of the city by or through annexation. water, drift, or stream bedload may be obstructed; within basins of an (B) Priorities. The following factors shall be underpass drained by a pump; land in • wet or rocky terrain where it would be considered in establishing priorities for roadway difficult resurfacing and rebuilding: to attain minimum bury. CD171:5 • Fayetteville Code of Ordinances • (1) Function. The function of the street, that Sec. 171.09 Application for permit An applicant for is, the streets which carry or are a permit hereunder shall file with the city official an expected to carry heavy amounts of application showing: • traffic shall have priority over lesser streets. (A) Name and address of the owner, or agent in charge, of the property abutting the proposed (2) Condition. The condition of the work area; pavement, in general, roadways which are more deteriorated shall have priority (B) Name and address of the party doing the work; over those streets of lesser deterioration. However those streets of (C) Location of the work area; lesser deterioration 'may have priority when it is determined that the benefits of (D) A plan or dear description of the work to be resurfacing the roadways of lesser done; deterioration may be greater. (E) Such other information as the city official shall (C) Sidewalks. find reasonably necessary to the determination of whether a permit should be issued hereunder. (1) Repair/replacement Existing city sidewalks. shall be repaired and (Code 1965, §18-26; Ord. No. 1790, 3.15.71; Code 1991, replaced by the city, as needed. §98.62; Ord. No. 4100, §2 (Ex. A),6-16-98) (2) Priorities. In establishing priorities for Sec. 171.10. Standards for issuance of permit; sidewalk repair or replacement, the expiration and removal. factors to be considered shall include, but not be limited to the following: (A) The city official shall issue a permit hereunder when he/she finds: (a) The conditions of the sidewalk; (1) That the plans have been approved. (b) The expected level of pedestrian (2) That the work shall be done according to the traffic; and, specifications contained herein. (c) The use of the sidewalk by school children. (3) That the operation will not unreasonably interfere with vehicular and pedestrian traffic, (Code 1965, 18.47; Ord. No. 1725, 1-8-70; Ord. No. 2647, 7- the demand and necessity for parking 15-80; Ord. No. 2655, 85-80; Ord. No. 2724, 5-19-81; Code spaces, and the means of ingress to and 1991, §98.15; Ord. No. 4100, §2 (Ex. A), 6-16-98) egress from the property affected and adjacent properties. Cross reference(s)-Sidewalks, §158.06. (4) That the health, safety, and welfare of the Sec. 171.08. Order of City Council or penult public will not be unreasonably impaired. required. No person shall begin to construct, reconstruct, repair, alter or grade any sidewalk, curb, (B) Any permit issued shall expire three (3) months curb -cut, driveway or street on the public streets, from the date of issue and may be renewed upon unless the same has been properly ordered by the application. City Council, or plans for such have been approved by the city as site improvements for a subdivision, or (Code 1965, §18-29; Ord. No. 1790, 3-15-71; Code 1991, a permit has been issued by the city's official charged §98.64; Ord. No. 4100, §2 (Ex. A), 6-16-98) with the administration of this chapter. Sec. 171.11. Inspection of work; replacement of (Code 1965, §18-25; Ord. No. 1790, 3-15-71; Code No. rejected work. 1991, §98.61: Ord. No. 4100, §2 (Ex.), 6.16-98) (A) -The city official shall make all necessary Cross reference(s)—Penal ty, §98.99; Sidewalks, inspections before, during and after the §158.06. 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/her nonacceptance of the work. All such TITLE XV. UNIFIED DEVELOPMENT CODE • rejected work• shall be removed and replaced proportionality of the impact of the . within 30 days of this notification. development upon the sidewalk infrastructure needs near the (B) Advance notification must be given the city development including consideration of official for inspections under this section. the persons served by the development and approximate pedestrian trip (Code 1965, §18-30: Ord. No. 1790, 3-15-71; Code 1991, generation rates of the development. §98.65; Ord. No. 4100, §2 (Ex. A), 6-16-98) (b) To facilitate administration of this Sec. 171.12. Property owner to construct sidewalk ordinance for certain recurrent types of or contribute cost of sidewalk. development, the City Council has determined..that_the..city will accept, as (A) Requirement Theowner of any property abutting the roughly proportionate impact, the a public street or highway for which a sidewalk is amount shown bebw: required by the city's Master Street Plan, shall construct a sidewalk in accordance with §98.67 (1) Single family house $630.00 of this code, along said street or highway upon the receipt of notice issued at the time a building (2) Duplex $720.00 -or. parking lot permit is issued. (c) Unless the developer presents evidence (1) The property owner shall construct the that the number of persons served by • sidewalk in accordance with §171.13. the development and the pedestrian trip Sidewalk and driveway specifications, generation rates of the development justify a reduced contribution in lieu of (2) The property owner may request a waiver to the construction of sidewalks, all §171.12(A)(1) requiring sidewalk industrial, commercial, and multi -family construction. The sidewalk administrator developments shall make a cash shall review the following factors to contribution in lieu of the construction of determine whether or not to grant a waiver the sidewalk at a rate of three dollars ($3.00) per square foot of the sidewalk (a) Pedestrian traffic generators such as that normally would have been required. • parks and schools in the area. The amount per square foot and amounts for a single family house and a (b) The existence of a sidewalk network in duplex shall be reviewed by the City the area. Council at least every five (5) years. (c) The density of current and future (d) Contribution in lieu of construction of development in the area. sidewalks shall be paid or construction of the sidewalks shall be completed (d) The amount of pedestrian traffic likely to before receiving final plat approval, or be generated by the proposed issuance of a certificate of occupancy. development. e Whether the terrain is such that a (e) Contributions must be expended within (e)one (1) year to build a sidewalk dose sidewalk is physically practical and enough to serve the project being feasible, and the extent to which trees, constructed. ground cover and natural areas would be adversely impacted by the (f) If the owner voluntarily consents in construction of the sidewalk. writing, the contributions may be used to construct sidewalk projects where most (f) The overall need for a sidewalk to be needed as determined by the sidewalk constructed on the lot. administrator. (3) If the Sidewalk Administrator grants the (4) An owner/builder may appeal the sidewalk waiver to construct a sidewalk, the owner administrator's refusal to grant a waiver or shall have an option to construct the the administrator's determination of the sidewalk, or to contribute money in lieu of amount of contribution in lieu of construction construction as set forth below: to the Planning Commission pursuant to §155.06(D). (a) The amount of money in lieu of • construction to be dedicated shall be (B) Application of provisions. The provisions of this determined based upon the rough section shall only apply to the following property: CD171:7 • Fayetteville Code of Ordinances • (1) New structure. On which a new structure is (6) Minimum thickness of sidewalks and being built; driveway approaches. (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 of the nonresidential use. (3) Parking lot/garage. On which a parking lot, or parking garage having a minimum capacity of five (5) automobiles is constructed and/or improved or altered. (4) Additions. Additions of 2,500 square feet or larger. (5) Conditional use. Any development which requires conditional use approval. (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; Code 1991, §98.66; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4311, 5-1-01; Ord. No. 4387,4-16-02) Sec. 171.13. Sidewalk and driveway specifications. (A) Sidewalks. (1) Grades; establishment of property lines. All sidewalks, streets 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/her 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 requirements. All side- walks, 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. (a) Sidewalks. 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. (b) Residential driveway approached. The minimum thickness of residential driveway approaches shall be four (4) inches with four inches of compacted base material or six-inch by six-inch 10 - gauge reinforcing steel. (c) Commercial driveway approach. The minimum thickness of commercial driveway approaches shall be six (6) inches with six (6) inches of compacted base matter 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 one (1) inch deep grooved joint mark (can be a cold joint) to dearly define the sidewalk through the driveway and approach. (10) Sidewalk elevation. The sidewalk elevation shall be two (2) 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 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 (2) 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 the 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 C • • CD171:8 TITLE XV. UNIFIED DEVELOPMENT CODE • AHTD sidewalk construction (AASHTO M (4) No horizontal curb cut. If no horizontal curb . P13). cut is made, complete curb and gutter removal is required. (14) Expansion joint. Full depth expansion joints (four inches) shall be provided at intervals (5) Broken edges of saw -cuts. Broken edges of not greater than 50 feet. One -quarter depth saw -cuts caused by demolition require a new (one inch) weakened plane joints, or saw -cut saw -cut. joints, shall be placed in sidewalk at regular intervals not greater than 10 feet apart. (6) Width of driveway approaches. (15) Inspection. All sidewalks and curb cuts (a) Commercial. made for driveway approaches require an __ 'inspection prior to the concrete �IJE (I) The width of commercial driveway approaches shall not exceed 39 (16) Materials. The material used for sidewalk __._..-_Jeetmeasured.at.right angles to the construction shall be Portland cement centerline of the driveway approach concrete having a broom finish. The use of for driveways that are one-way in other materials must have the approval of and two-way out. the sidewalk and trails coordinator. '(ii) The width of commercial driveway (17) Edges. All sidewalks shall have one-half approaches shall not exceed 27 (1/2) inch rolled edgesfeet measured at right angles to the centerline of the driveway approach (18) Removal/replacement Removal and for driveways that are one-way in, replacement of broken sidewalks require one-way out. vertical saw -cuts on both ends of the sidewalk being replaced. (iii) The width of commercial driveway approaches shall not exceed 15 (19) Curing compound. All sidewalks and feet measured at right angles to the driveway approaches require the application _ _ centerline of the driveway approach of a concrete curing compound or the for driveways that are one-way in or . concrete is to be kept moist for seven (7) out. days. (iv) The minimum width of commercial driveway approaches shall be 12 feet for one-way in or one-way out Slope 1/4" pe foot max and 24 feet for one-way in and one- way out. 2' wroth (b) Residential. The width of residential Scofl9g unes r -o- Mm.-.14driveway approaches shall not exceed 24 feet measured at right angles to the centerline if the driveway approach and Street the minimum width shall not be less Sidewalks than 10 feet 3:1 (7) Safety zones. Safety zones between Sidewalk Details driveway approaches shall not be less than the distance designated for distances between curb cuts in the standards for street (B) Driveway approaches. (See: Illustration, design. On streets of higher use designation Standard Driveway Approach -Residential) than collector, the standards for collector streets shall apply. Curbs shall be installed (1) Curb removal. Curb, if existing, shall be to prohibit vehicle parking and access in removed for full width of the drive approach. safety zones. The barrier line nearest the street or highway shall be on line with (2) Concrete removal. All concrete to be existing curbs, or established curb lines, but removed shall be saw -cut. not less than 22 feet from the center of the pavement; provided the city official does not (3) Horizontal curb cut. Horizontal curb cutting require a greater distance when needed to • along the flow -line of the gutter is allowed. preserve the safety and utility of the street or highway, or provide conformance with CD171:9 • Fayetteville Code of Ordinances • 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 122 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 driveway approach on a single-family residential lot shall be located a minimum of five 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 comers. 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. Residential Standard Driveway Approach CabF Section A -A Standard Driveway Approach Residential (C) Access ramps. (See: Illustration guidelines: Fig. 11, and Fig. 12) (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 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% (1:12). (7) Slope of flared sides. The slope of the flared sides shall not be greater than 10% (1:10). (8) Broom finish. Access ramp shall have a broom finish. Measurement of Curb Ramp Slopes T. . If X Is less than 48 in. than the slope of the flared side shall not eweed 1:12. (a)Flared sides Fig. 11 Built-up Curb Ramp " 0 CD171:10 TITLE XV. UNIFIED DEVELOPMENT CODE • (c) Asphaltic surface streets. In the case of . asphaltic surface streets, six inches (6") of Portland concrete shall be placed an allowed to core. The concrete shall have a layer of prime coat applied and tn. followed by a minimum of three inches 36 M (31 of hot -mixed, hot -land asphaltic concrete placed to an elevation 1� 1 matching the existing finished grade. (d) Portland concrete surface streets. In the case of Portland concrete streets, all Built -Up Curb Ramp - excavations shall be resurfaced with nine inches (9') of Portland concrete. Joint sealer shall be placed in the area Fig. 12 between the repaired surface and the original surface. (Code 1965, §18-28; Ord. No. 1790, 3-15-71; Ord. No. 2629, 5-6.80; Ord. No3117, 9-3-85; Code 1991, §98.67; Ord. No. (e) - Asphaltic - sealed streets/unpaved 4005, §1, -1 -14996 -Or No. 4100, §2 (Ex. A), 6-16-98) streets. Asphaltic sealed streets or Sec. 171.14. Excavations, unpaved streets shall be resurfaced with a surface similar to that which existed (A) Permit required. It shall be unlawful for any before excavation. person to make any excavation in any street, (3) Notice. The permittee shall notify the Mayor, alley, sidewalk, road, highway, or other public prior to beginning such repair, of the time way in the city without first obtaining a permit to and manner of repair and obtain the do so from the Mayor, or his/her duly authorized approval of the Mayor prior to beginning of representative. Such permit shall be granted -such— repair�nd—afford —the—Mayor the only after written application has been filed and opportunity of being present during the • the deposit or bond required by §158.02 has Progress of such repair until completed. • been filed. The fee for each permit shall be paid in advance. Provided, however, that utility (4) Return of deposit When the repairs companies franchised by the city shall be billed required by this section are completed, monthly for all permits granted during the approved; and paid for, the Mayor shall previous month. authorize the return of any sum deposited (B) Lights and guards. Every person making an under §171.14 above. In the event the excavation as provided for in this chapter shall permit holders shall fail, refuse, or neglect to place and maintain lights and guards around the make such repairs, the city may repair the same for the protection of the public. Such lights street and deduct the cost therefrom from and guards shall be subject to the approval of the the amount on deposit with the city and the Mayor. balance of the deposit, If any, shall be paid to the permit holder. (C) Repairs of public property; return of cash deposit. (D) Street closings for excavation in excess of 24 (1) Cost. Each person making an excavation hours. under this chapter shall repair the street or (1) prohibited without approval of Mayor. It shall other elic way at. his own expense, and be unlawful for any person to cause a street under der the direction and supervision on o of the to be dosed for more than 24 hours due to • Mayor. the making of an excavation without the prior (2) Standards. Repair of the street or other written approval of the Mayor. In granting public way shall be made to the following such approval, the Mayor shall impose time standards: limits and such other reasonable conditions as are necessary to minimize any ___Aa)_.Backff11. - All- excavations- shall be back inconvenience or danger to the public. filled with SB-2 material applied in eight (8) inch lifts. (2) Exception. This section shall not apply to emergency repairs. (b) Lift. Each lift shall be individually • compacted. CD171:11 • Fayetteville Code of Ordinances • (Code 1965, §1840, 1842,18-11; Ord. No. 1829, 10-18.71; boundaries of the district and shall also give Ord. No. 2806, 4-20-82; Code 1991, §98.80, 98.82, 98.83, the district a name descriptive of the nature 98.84; Ord. No. 4100, §2 (Ex. A), 6-1698) of the proposed improvement and a number to prevent it from being confused with similar Cross reference(s)—Penalty, §98.99; Enforcement, Ch. 153; Bonds and Guarantees, Ch. 158; Fees, Ch. 159. districts. Sec. 171.15. Street Improvement districts. (2) The ordinance shall be published within 30 days after its adoption for one insertion in (A) Petition to form street improvement district. Any some newspaper published in the city and person desiring to initiate the formation of a street the findings of the governing body shall be improvement district shall file with the City Clerk conclusive unless attached by a suit in the a petition requesting the organization of a street Chancery Court brought within 30 days after improvement district and signed by persons such publication. - claiming to be a majority in value, as shown by the last county assessment, of the owners of real (D) Appointment of Board of Improvement In the property in the proposed district. Forms of this ordinance creating the district, the City Council petition shall be available to any person at the shall appoint three (3) owners of real property office of the City Clerk, and the City Engineer therein as commissioners, who shall compose a shall assist in the preparation of said petition by Board of Improvement for the district. Such providing a legal description of the property to be Board of Improvement shall have control of the included in the proposed district. Such petition construction of the improvements in the district. may limit the cost of the improvement to either a fixed sum or to a percentage of the assessed (E) Plans for improvement. Immediately after their value of the real property'in the proposed district, qualification, the Board of Improvement shall form plans for the improvement as prayed in the (B) Notice of public hearing. When persons claiming petition, and shall procure estimates of the costs to be a majority in value, as shown by the last thereof. For this purpose, the board may employ county assessment of the owners of real property such engineers and other agents as may be in a proposed street improvement district file with needful, and may provide for their compensation the City Clerk a petition for the organization of which, with all other necessary expenditures, such an improvement district, it shall be the duty shall be taken as a part of the cost of the of the City Clerk to give notice that such petition improvement. If for any cause the improvement will be heard at a meeting of the City Council to shall not be made, said cost shall be raised and be held more than 15 days after the filing of such paid by an ad valorem tax upon the real property petition. Such notice shall be published once a in the district as assessed for state and county week for two (2) weeks, the last insertion to be purposes, which shall be levied by the City not less than seven (7) days before the date fixed Council on the application of any person for the hearing. The Mayor, if he sees fit, may interested, and shall be paid to the Board of call a special meeting of the City Council for the Improvement, to be distributed amongst the purpose of hearing such petition, such called creditors of the district meeting to be held not less than 15 days after the date of the call and the notice of the hearing (F) Appointment of Board of Assessment As soon thereat to be published for the time and in the as the Board of Improvement shall have formed manner above stated. said plan, and shall have ascertained the cost of the improvement, it shall report the same to. the (C) Hearing on petition; ordinance establishing City Council who shall appoint three electors of district, the city, who shall constitute a Board of Assessment of the benefits to be received by (1) At the time named in said notice, the city each lot or block, or other subdivision of land Council shall meet and hear all owners of within said district, by reason of said proposed real property within the proposed district who improvement desire to be heard on the question .of whether a majority in assessed value of (G) Assessment of benefits. The Board of property owners has signed the petition, and • Assessment shall at once proceed to inscribe in a shall make a finding of whether the petition is book to be used for the purpose of description of signed by a majority in assessed value of each of said lots, blocks, or parcels of land and such property owners. The finding of the shall assess the value of the benefit to accrue to governing body shall be expressed in an each of said lots, blocks, or parcels of land by ordinance. If it finds that a majority has reason of such improvement, which assessment signed the petition, it shall then be its duty by of .said benefits they shall enter upon said book the same ordinance to establish the district, opposite the description thereof; and they shall The ordinance shall designate the then subscribe said assessment and deposit it in CD171:12 TITLE XV. UNIFIED DEVELOPMENT CODE • • the office of the City Clerk, where it shall be kept (M) and preserved as a public record. Provided, said assessment may be, annually readjusted according to additional improvements placed upon the lands, when a succession of collections is necessary to pay for the improvements. (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-assessmentrof-Street-Improvement District, No. _, was filed in my office on the _ day _ _of and.the same is now subject to inspection. Clerk-ofthe City of Fayetteville Arkansas." (I) Appeal of assessments to City Council. Anyone whose real estate is embraced in said • assessment may at any time within 10 days from the giving of said notice, file with the City Clerk in writing his/her notice of appeal from the action of said Board of Assessment in making said assessment of his/her 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. (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. (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 (1) year shall not exceed 25% of the assessed benefits accruing to real property. (L) Publication of ordinance. Within 30 days after the passage of the ordinance mentioned in subsection (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 for the validity of the assessment shall be forever barred and precluded. Copy, of assessment 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 delivers to the County -Collector a -certified copy of the -assessment -of benefits, -and the certified copy of the ordinance fixing the percenturn to be collected, he/she shall deliver like said copies to the County Clerk. (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 1965, §§1818, 18.79-18:22, 1832:1-1&22.9; Ord. No. 2051, 9-17-74; Code 1991, §98.30, §98.43; Ord. No. 4100, §2 (Ex. A), 6-16-98) Sect 171.16.-171.99. Reserved. CD171:13 • Fayetteville Code of Ordinances E CD171:14 • TITLE XV. UNIFIED DEVELOPMENT CODE Chapter 172. Parking and Loading. Sec. 172.01. Purpose. Sec. 172.02. Parking lot construction standards. Sec. 172.03 Accessibility. Sec. 172.04. Parking lot design standards. Sec. 172.05. Standards for the number of parking spaces by use. Sec. 172.06. Parking lot location standards. Sec. 172.07. Parking lot landscaping requirements. Sec. 172.08. Nonconforming parking lots. Sec. 172.09 Off-street loading. Sec. 172.10. Bicycle parking rack requirements. Secs. 172.011.-172.99. Reserved. • • CD172:1 • Fayetteville Code of Ordinances • • • I CD172:2 • CHAPTER 172. PARKING AND LOADING. Sec. 172.01. Purpose. The regulations of this section Sec. 172.03 Accessibility.. are intended to reinforce community standards and to promote safe and attractive parking lots for new, (A) ADA reference. Accessibility for persons with redeveloped, and expanded development within the disabilities in parking lots and building city. The size, number, design, p landscaping, and approaches shall be as required by the current location of parking lots are regulated in order to: ADA and as may from time to time be amended. (A) Provide for the safe and orderly circulation of. motor vehicles within parking lots; (B) Provide safe ingress and egress to parking lots from public and private streets; (C) Protect adjoining properties from the adverse impacts associated with parking lots such as noise, lighting, appearance, drainage, and effect on property values; (D) Provide adequate areas for off-street parking and storage of motor vehicles, while at the same time preventing over -supply of parking in mixed -use circumstances; and, . (E) Enhance the appearance of parking lots in all zoning districts. Sec. 172.02. Parking lot construction standards. (A) 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. (B) Surfacing. Parking lots shall be asphalt, semi- permeable soil pavers, or concrete, graded and drained to dispose of surface water into appropriate structures. (C) 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. (D) 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. (B) Location and size. 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) Buildings. Accessibility guidelines (ADAAG) for buildings and facilities, Appendix A to 28 C.F.R. Part 36, or the current federal standard. (D) Signage. Accessible parking spaces for persons with disabilities shall be 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) Minimum number of accessible spaces. 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 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 + 1 space for each 100 spaces over 1000 (F) Facilities providing medical care. Facilities providing medical care and other services The persons with mobility impairments shall provide accessible parking spaces as follows: (1) Outpatient facilities. 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. CD1 72:3 SFayetteville Code of Ordinances • same terms and with the full range of (2) Specialized facilities. Units and facilities that choices that are provided for other residents • specialize in treatment or services for of the development. persons with mobility impairments shall provide 20% of the total number of parking (3) Visitor parking. Accessible visitor parking spaces provided serving each such unit or that provides sufficient access to grade level facility, but in no event shall less than one entrances of multi -family dwellings is also such parking space be provided. required. (G) Multi -family dwellings. Multi -family dwellings Sec. 172.04. Parking lot design standards. (See: containing four (4) or more dwelling units shall Illustration: Parking Dimension Factors) provide accessible parking spaces as follows: (A) Maneuvering. Parking lots shall be designated, (1) Fair Housing Act reference. Accessible maintained, and regulated so that no. parking or parking shall be provided which meets the maneuvering incidental to parking will encroach provision in the Final Housing Accessibility into the areas designated for sidewalks, streets, Guidelines, 24 C.F.R., Chapter 1, or required landscaping except as provided for in Subchapter A. Appendix II, of the Fair §172.07(B)(2). Parking lots shall be designed so Housing Act of 1968, as amended, or the that parking and unparking can occur without current federal standard. moving other vehicles. Vehicles shall exit the parking lot in a forward motion. (2) Number of required accessible space. Designated accessible parking shall be (B) Compact spaces. A maximum of 35% of the total provided for at least two (2) percent of the spaces may be compact spaces. Compact dwelling units and at facilities such as . spaces shall be marked either by marking on the swimming pools and clubhouses that serve pavement or by separate marker. accessible buildings. Additional designated accessible parking shall be provided on request of residents with disabilities, on the • Parking Dimension Factors Male )D) NN Stall L. y5 Ve/Dste Cla/ f t to alfle 2) •o -r 1•n CvIb Ltnptn CC) fstl Width or o.ptn Cu or L Curb L.n7t CC) Hale of SbI1\ Poroltet Parking P CD172:4 TITLE XV. UNIFIED DEVELOPMENT CODE • (C) Dimensional requirements. (See Table 1) TABLE I DIMENSIONAL REQUIREMENTS Angle (A) Type Width (in ft.) 1B) Curb length (in ft.) (C) One-way aisle width (In ft.) (D) Two-way aisle width (in R) (D) Stall depth (i ft.) 1 ) 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 45• Standard 9 . 12.5 12 24 19 Compact 7.5 10.5 12 24 16 60 Standard 9 10.5 18 24 20 Compact 7.5 8.5 15 24 16.5 90• Standard 9 9 24 24 19 Compact 7.5 7.5 22 24 15 0 Ll (D) 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 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. (E) Parking lot entrances (1) 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 project 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 Zoning and Development Administrator and City Engineer. TABLE 2 GENERALLY ADEQUATE DRIVEWAY THROAT LENGTHS Shopping Centers >200,000 GLV 200 R (Signalized) (800) spaces Smaller Developments <200,000 GLA" 75-95 R (Signalized) Unsignalized — 40-60 ft. Driveways CD172:5 'GLA-Gross leaseable 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. S Fayetteville Code of Ordinances • (b) Internal circulation drives. — � — — — — (i), Aisles shall be designed so that ®e 8 Im c they intersect at 90 degrees with throat Length internal drives where practicable. CD (ii) Aisles shall be designed to iD A ® ® discourage cut -through traffic by • use of landscape islands. (iii) Aisles shall conform to §174.04(C) with the exception of aisles that connect to commercial driveways. Aisles connecting to commercial driveways may be permitted to be 27 feet in width when the driveway is in conformance with §171.13(B)(6). (2) Entrances and internal aisle design. The driveway width into parking lots shall meet the following guidelines: (a) Entrances. (i) One-way. If the driveway is a one- way in or one-way out drive, then the aisle widths shall be 12 feet wide up to a maximum of 15 feet wide. (ii) Two-way. For two-way access, each entrance lane shall be a minimum of 12 feet wide and a maximum of 15 feet wide. Whenever more than two lanes are proposed, entrance and exit lanes shall be divided by a curbed, raised, landscaped median. The median shall be 10 feet wide if three lanes are being proposed or 15 feet wide if four lanes are proposed. (iii) Major thoroughfares. Driveways that enter the major thoroughfare at traffic signals must have at least two outbound lanes (one for each turning direction) and one inbound lane. (iv) Curb radius. All commercial driveways should have a minimum curb radius of 25 feet Section 172.05. Standards for the number of spaces by use. (A) Off-street, parking. Except as provided in (1) and (2) 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. In mixed use developments or in cases of shared parking agreements,parking requirements may be reduced at the property owner's request as outlined in §172.05(D). Reduced parking within mixed use developments. (1) Change of use — shared parking. Except as outlined in (2) and (3) below, change of use in mixed use developments or developments that have entered an approved shared parking agreement requires a parking demand analysis using Table 4, Parking Occupancy Rates. The property owner shall notify the Planning Division when a change of use is proposed. A forecast deficiency greater than 15% must be met by the construction of additional parking spaces, payment of in lieu fees, support of shuttle service, other trip reduction programs satisfactory to the city, or a combination hereof. (2) Change of use — waiver. 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. 0 CD172:6 TITLE XV. UNIFIED DEVELOPMENT CODE • (3) Building footprint — waiver. 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. S (B) Maximus fminimum number allowed. Parking lots may contain up to 30% more spaces than the required spaces and 30% less spaces than the required spaces. Any additional spaces above 30% or below 30% shall be allowed only as a -conditional =use —and- shall be -granted in --az wrdance—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, duplex, triplex 2 per dwelling unit Multi -family or townhouse 1 per bedroom Commercial nt - --- -' 1 per 200 sq. ft. of GFA 1 per 4 seats rcycle service %Barberorbeau 4 per each enclosed service bay 1 per2005q.fLOfGFA sho 2 r chair ated laundry 1 per 3 machines Hospital and convalescent 1 per bed home Hotels and motels / per guest room, plus 75% of spaces required for accessory uses. Regional antique and 1 per 500 sq. ft of GFA furniture 1 per 100 sq. ft. GFA plus 4 Restaurants stacking spaces per drive- thru window. Retail 1 per 250 sq. ft. of GFA 1 per 200 sq. ft of retail FA; Retail fuel saleswith spaces at pump islands are convenience stores counted toward this requirement 3 per each employee; Retail fuel sales only spaces at pump islands are counted toward this requirement Medical/Dental office 1 per 250 sq. ft of GFA Professional office 1 per 300 sq. R of GFA Salesoffice I per 200 eq. ft. of GFA Public and Institutional Uses Nonprofit Commercial Art gallery, library, museum 1 per 1,000 sq. ft. of GFA .1 per 4 seats, provided only Auditorium auditorium space is counted in_determining_parking 1 per employee plus on -site Child care center, nursery loading and unloading school spaces at a rate of 1 per 10 children accommodated 1 per 4 seats In the main Church/religious institution auditorium or 1 per 40 sq. ft. of assembly area, whichever provides mores aces College auditorium - -_. — -1- r 4•seats ---- Colle a dormitory 1 per sleeping room College or university 1 per 500 sq. R of classroom area Community center 1 per 250 sq. ft. of GFA Detention home 1 per 1,500 sq. ft of GFA Government facilities 1 per 500 square feet of floor area Funeral homes 1 per 4 seats in main chapel plus 1 per 2 employees plus 1 reserved for each vehicle used in connection with the business Hospital 1 per bed Convalescent home I per bed School —elementary and 1 per employee plus I space junior -high - ._ ._perclassrocm School —senior high I per employee plus 1 per 3 students based on design capacity, or I per 6 seats in auditorium or other places of assembly, whichever is greater I per 2,000 sq. R of land area ublic and al uses (only Laudftonums, 1 per 4 occupants space shall be or churches, or group space) Manufacturinof ndustrial 1 per 1,200 sq. ft. of GFA or Manufacturing one per employee, whichever is greater Heavy industrial 1 per 1,200 sq. ft of GFA Extractive uses Adequate for all employees, trucks, and equipiient CD172:7 • Fayetteville Code of Ordinances • Recreational Uses park, miniature 1 per 1,000 sq. ft. of she area 6 er lane l recreation 1 er 200 s . ft. of GFA l recreation -large n 1 per 1000 sq. ft. of site area bar or tavern 1 per 50 sq. R of GFA, ocourse 3 per hole Gaff driving range 1 pertee box Park 2peracm Playfield. playground None Private club or lodge - 1 per 500 sq. ft. of GFA or I per 3 occupants based on the current adopted Standard Building Code whichever is greater Riding stable _ _ .- 1 per acre: not required to _.paved Tennis court - 2 per court Theater 1 per 4 seats All other recreational uses 1 per 4 occupants Warehousing and Wholesale Warehousing 1 per 2,000 sq. ft. of GFA Wholesale I per 1,000 sq. ft. of GFA Center for collecting recycled materials 1 per 1,000 sq. ft. of GFA (C) Shared parking. Parking requirements may be shared where it can be determined that the peak parking demand of the existing or proposed occupancy occur at different times (either daily or seasonally). Such arrangements are subject to the approval of the Planning Commission. (1) Shared parking between developments. Formal arrangements that 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. (D) Reduced parking within mixed use developments. Parking requirements may be reduced where it can be determined that the' peak parking demand of the existing or proposed occupancy occur at different times (either daily or seasonally). Such arrangements are subject to the approval of the Planning Commission. (1) Request for parking space reduction. A shared parking plan must be prepared to the satisfaction of the Planning Commission showing that parking spaces most conveniently serve the land uses intended, . -directional signage is proved if appropriate, and pedestrian links are direct and dear. (2) Calculating parking space reductions. Parking space reductions can be determined by a calculation --using Table -4, -Parking 'Occupancy' Rates. If -the calculation does show a parking space regulation reduction to be feasible, the applicant shall submit a parking reduction worksheet showing the process for calculating the reduction as outlined herein. The calculation using Table 4, Occupancy Rates shall be conducted as follows: (a) Determine minimum spaces required. The minimum number of parking spaces that are to be provided and maintained for each use shall be determined by using Table 3, Parking Ratios. (b) Calculate occupancy rates. The minimum number of parking spaces shall be multiplied by the 'occupancy rate' (the percentage) provided in Table 4, Parking Occupancy Rates, for each use for the weekday night, daytime and evening periods, and weekend night, daytime and evening periods, respectively. (2) Shared parking agreements. If a privately ' (3) Sum parking spaces. Sum the parking owned parking facility is to serve two or more spaces for the combined uses for each separate properties, then a "Shared Parking time period. The number of parking Agreement' is to be filed with the city for spaces from the time period with the consideration by the Planning Commission, highest calculated number of parking 3 Shared spaces. Individual spaces identified spaces shall be the number of spaces ( ) P P required for the shared parking facility. on a site plan for shared users shall not be shared by more than one user at the same time. I CD172:8 TITLE XV. UNIFIED DEVELOPMENT CODE • C I TABLE 4 approved as a conditional use. A conditional Parking Occupancy Rates use for a parking lot may be approved at the (Percent of basic minimum needed during time period) same time the use is approved or may be sat sat & approved separately if additional parking lots seta M.F M.F M•F Sun. & Sun. are developed later. uses Bart- apm- 12am- Sam- Sun. 12arrr 5pm 12am Sam 5pm epm- 5 ear The Planning Commission shall make a finding based upon the size, scale, and Land Use cat odes location of these activities that the proposed parking lot. will not adversely affect adjacent Residential Bo% 190% 100%' so % 100% 100% residential uses or the residential character commerdar 90% 80% 5% 100% 70% 5% of the neighborhood.. Institutional--. 1100% I.20% _ 1.5% 1 10% 1 10% 1 5% Uses (non - church) Pudic a Institutional 10% 5% 5% 100% 50% 5% Uses (church) —_- Manufacturing! Industrial 100% 60% 40% 50% 30% 10% Warehouse! Wt,Sesale 100% 20% 5% 5% 5% 5% •Some specific uses have different occupancy rates. Check under Specific Commercial Uses • with the rest of the table. Sec. 172.06 Parking lot location standards. The location of all required and nonrequired parking lots with five (5) 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. (A) 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. (B) Permitted locations as a conditional use. (1) Parking lots located within residential zones which serve uses in nonresidential zones may be allowed as a conditional use by the Planning Commission. (2) Parking lots for uses allowed as conditional . uses within residential zones must also be Cross references) —Uses Conditions, Ch. 163 (C) 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. (D) 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.=_-- --- Sec.172.07. Parking lot landscaping requirements. (A) Submittal requirements. A landscaping plan shall be submitted for all parking lots containing five (5) or more spaces. The landscape plan shall indicate the species of all plants, size of each species at the time of planting, spacing requirements for each plant, and the type of edging and mulch to be used for the planting beds. The planting plan may be incorporated with the site or grading plan. CD172:9 (B) General requirements. (1) 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 subsection §172.07(C)(1)(a). (2) Vehicle overhang. Except when exercising Option 3. §172.07(C)(1)(c), 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 groundcover plants in the overhang area. SFayetteville Code of Ordinances 49 (3) Maintenance. The current owner of the property shall be responsible • for the maintenance of all required landscaping. (a) Irrigation system. Some method of irrigation shall be required in landscaped areas. An automated irrigation system is encouraged to ensure adequate moisture to plant material. In landscaped areas without an automated irrigation system the installation of hose bibs (water spigots), installed one for every10Ofootradiusa w'll-berequired. b)-P1antinitieds.-Alflandacaping shall be -----planted—within--areas designated as planting beds, this includes tree lawns, tree islands, and tree pits. Planting beds shall have amended soil to insure the health of the plant materials. All sod shall be removed within the planting bed, and mulch shall cover the bare soil to ease maintenance. Sod will be allowed • in tree lawns and tree islands if no other plant material is included within these areas. (c) Replacement landscaping. Land- scaping that dies or is damaged shall be —_ removed and replaced by the current owner of the property.. -The owner_shall--- have 60 days from the receipt of written notice issued by the city to remove and replace any required landscaping that dies or is damaged. (4) Timing of installation. Landscaping shall be provided prior to the issuance of a final certificate of occupancy. A 90 -day temporary certificate of occupancy may be issued once the owner deposits, with the city, U.S. currency or an irrevocable letter of credit in an amount equal to 150% of the estimated cost of the uninstalled plant material. The letter of credit must be from a bank or banking institution doing business within the State of Arkansas which is a member of the Federal Deposit Insurance Corporation. (5) Size and type of plant material. All plant material shall meet the requirements established by the American Standard for Nursery Stock. Trees shall have a minimum two (2) inch caliper at the time of installation. Shrubs are to reach an average height of three (3) feet within two years of installation. Plant species installed in vehicular use areas are to be approved by the landscape administrator. Suggested species of trees are available within the city landscape manual. (C) Interior landscaping requirements. (1) Amount of landscaping. Parking lots containing 10 or more vehicles shall be landscaped utilizing one of the following options: (a) Option 1. Narrow tree lawn. A continuous strip between rows of parking. The minimum width of a tree lawn is eight feet (8'); however, if large tree species are used the minimum --width—irt0-feet-- One -tree -shall- be planted for every 12 parking spaces with this option If planting a 10 foot wide tree lawn, only large tree species shall be used and one tree shall be planted for every 15 parking spaces. Trees may be grouped or spaced within the lawn area. _.r. ins." .—�,-��f+"�,)' (b) Option 2. Tree island. 150 square feet minimum width of eight feet (8'). Only medium tree species are allowed within landscape islands. One tree shall be planted for every 12 parking spaces with this option. (c) Option 3. Tree pit. 36 square feet minimum, minimum width of six feet (6'). Tree pits must be covered with either a grate or some form of permeable pavers, (brick or stone). Only small species of trees are allowed in tree pits. Vehicle overhang is not allowed with this option. One tree shall be planted for every 10 parking spaces with this option. 0 CD172:10 LE XV. UNIFIED DEVELOPMENT CODE • • (3) Required plant material. Landscaping in . 8 t616Fand these areas shall contain one tree every 30 linear feet plus a continuous planting of _ shrubs along the street right-of-way, exclusive of permitted entrance drives. ? '$, L, >, Trees along the perimeter may be grouped t: to allow flexibility in design. The requirement c for a continuous planting of shrubs is • r'-' intended to lessen the effect of extensive rtI t1 %,;� ., paving. Groupings of shrubs are encouraged; however, a continuous planting _ i will be required as well. A minimum 50% of shrubs shall be evergreen. OPfCN3 Sec. 172.08. Nonconforming parking lots. All parking lots and/or parking areas which were in *Minimum width of all islands are measured from existence prior to the effective date of this ordinance actual planting area, (back of curb to back of curb). may continue in a nonconforming state until such time as the following shall occur.— - - (2) Calculation of area. Required perimeter - landscaping may not be substituted for (A) Rehabilitation. A building permit is granted to interior landscaping. However, it is rehabilitate a structure on the property exceeding recognized that interior landscaping may join 50% of the current replacement cost of the perimeter landscaping. In such cases, structure. At such time, 50% of the existing landscaping which extends four (4) feet or parking lot use area shall be required to be more into the parking area may be included brought into compliance with the provisions of in the calculation of interior landscaped area. this ordinance. This shall continue on a graduated scale in accordance with the (3) Exceptions. All parking lots used solely for percentage of rehabilitation cost; and/or the purpose of providing areas for the --------display- and storage of motor vehicles for (B) Enlargement or reconstruction. A building permit . sale, lease, and rental shall be exempt from is granted to enlarge or reconstruct a structure on the interior landscaping requirements. the property exceeding 10% of its existing gross floor area. At such time 10% of the existing (D) Perimeter landscaping requirement. Parking lots parking lot and/or parking lot area shall be containing five (5) or more spaces shall be brought into compliance with the provisions of landscaped meeting the following requirements: this section. This shall be on a graduated scale until reaching 100% of the required landscaping; (1) Side and rear property lines. All parking lots and/or shall have five feet (5') of landscaped area between the property line and parking lot. (C) New curb cut. A new curb cut permit is granted The two foot (2') vehicle overhang option for the nonconforming parking lot. At such time may be included to meet this requirement. . .the parking lot and/or parking area shall be Depending on the use and location, required to be brought into compliance with the additional area and screening may be provisions of this ordinance. required under §166.10. Buffer strips and screening. Cross reference(s)-Variances, Ch. 156. • (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 15 feet parallel to the front property line(s) street right-of-way. (b) Nonresidential zones. Except for permitted entrance drives, every parking lot shall be landscaped for an equal and uniform width or 10 feet parallel to the front property line(s) street right-of-way. (Code 1965, App. A., Art. 8(9); Ord. No. 1747, 6-29-70; Ord. No. 2380, 9-20-77; Ord. No. 2549, 8-7-79; Code 1991, §160.117; Ord. No. 3870, §4, 2-21-95; Ord. No. 3962, §§1, 2, 4.16-96; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4127, §1 (Ex. A), 12-15-98; Ord. No. 4319,8-5-01; Ord. No. 4412, (Ex. A), 9-3-02) CD172:11 SFayetteville Code of Ordinances • Sec. 172.09. 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) Setback or court space. Such berths may occupy all or any part of . any required setback 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 10 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. 'See; Table. (Code 1991, §160.116; Ord. No. 4100, §2 (Ex. A), 6-16-98) CD172:12 TITLE XV. UNIFIED DEVELOPMENT CODE. . Floor area (sq. ft.) Range of floor area Additional floor area (sq. ft.) which necessitates Type of Use up to which no (sq. ft.) for which one and additional berth ° • berths are required (1) berth is required From To Apartment houses, apartment hotels, group housing, and 50,000 50,001 200,000 200,000 hospitals -Auditoriums — 40,000 40001 -- -10O000 100,000 Banks - 40,000 40,001 . .100000 "- - - - 100,000 Bowling alleys 25,000 25,001 100,000 100000 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: Truck Berths: loft. x 25 ft. 2,000 2,001 8,000 • 10ft.x25f1plus . 8,001 25,000 loft x 45 ft. plus 25,001 40,000 10 ft. x 45 ft. plus 40,001 100,000 10 ft. x 45 ft. plus 100,001 250,000 200,000 Hotels 40,000 400,001 150001 150000 Manufacturing and industrial uses: 2,000 2,001 40,000 • Plus 40,001 100000 100,000 Mortuaries 8000 8,001 100000 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. • CD172:13 • Fayetteville Code of Ordinances • Sec. 172.10. Bicycle parking rack requirements. (A) When bicycle parking racks are required. All proposed new construction requiring twenty-five (25) off-street, automobile parking spaces or more shall require bicycle parking. All proposed or required expansions in automobile parking lots shall also meet the requirements of this ordinance. (B) Amount of bicycle parking racks required. The following table shall be used to determine the minimum number of bicycle parking racks to be provided. (Note: each rack equals two bicycle parking spaces). Total bicycle Equivalent total Equivalent total racks required off-street off-street automobile automobile parking required parking required by code in a non- by codeina residential residential development development 1 25-30 25-50 2 31.60 51-100 3 61-90 101-150 4 91-120 151-200 5 I 121-150 201-250 1 additional rack Each additional Each additional per! _ 100 s aces 150 s aces (C) Definition of a bicycle parking rack. Each bicycle parking rack holds two bicycles. Each rack shall be an inverted U -type rack (as per specifications). (D) Spacing of racks. Each bicycle parking space shall have 2' 0" x 6' x 0" clear space, paved or unpaved, beside the rack allowing each rack to. potentially count as two spaces. The 2' 0" dimension may overlap another bicycle parking space such that racks positioned in a parallel row may be 2' 6" on center (See: Figure 1). (E) Position of bicycle parking racks. (1) Bicycle parking racks should be located within 50 feet of a public entry. (2) Bicycle parking facilities should have adequate lighting for the operation of combination and key locks at night and to minimize theft. (3) --Bicycle parking.racks should be. positioned so that no pedestrian traffic is impeded. (4) Bicycle parking racks should not be located within bus stops, loading zones, or other curb space where on -street parking is permitted unless approved by the City Engineer. (5) Bicycle parking racks shall have a 15' 0" • clearance from the edge of fire hydrants. (6) Bicycle parking racks should have a 4' 0" clearance from existing street furniture, including mailboxes and light poles. (7) Bicycle parking rack location shall not interfere with ADA standards. (F) Variations in requirements. (1) Reduction allowance. Up to 10% of required automobile parking may be substituted with bicycle parking at a rate of one additional bicycle rack for one automobile space. This reduction shall be allowed in addition to other variances, reductions and, shared parking agreements. The 10% reduction allowance is based on the total required parking before any, variances are applied. (2) Shared bicycle parking. Any property owner required to have bicycle parking may elect to establish a shared bicycle parking facility with any other property owner within the same block to meet the combined requirements. (G) Procedure for compliance. (1) For projects requiring bicycle parking, the bicycle parking shall be indicated on the site plan that is submitted to the Planning Division for approval. All site plans must be drawn to scale. (2) Shared bicycle parking agreements that meet the requirements of this ordinance shall be automatically approved. (H) Specifications. (1) Design. Each rack shall be an inverted U -type rack designed with either extended legs for embedment in concrete footing, or with steel flange for bolting onto paved surface. The apex of the U shall be 2' 9" - 3' 0" above the ground. The legs of the U -shape shall be 1'6" on center. (a) With embedment. The rack legs shall extend 9" into a concrete footing. Before applying finish, the pipe shall be drilled 3 inches above the base and fitted with a 6 inch long, 7/16 inch diameter steel cross bar. This cross bar shall be welded into place, lies horizontally and acts as an anchor. (b) With flange mount. A pre -drilled, steel • flange, minimum 8 inch square, shall be CD172:14 TITLE XV. UNIFIED DEVELOPMENT CODE* welded to the bottom of each leg before final finish is applied. The flange shall (4) Anchoring the rack. Paving is not required, have a minimum of three bolt holes. Each however, racks shall be securely anchored bolt hole shall accept a 3 inch diameter through one of the two following methods: steel bolt. (a) With embedment. The rack shall be (2) Materials. Racks are to be constructed of 134 embedded in a minimum of 9 inch inch, Schedule 40 steel pipe (1.90" x 0.145" diameter, 10 inch deep concrete footing. wall). The pipe shall be bent in one piece (not (See: Illustration —Embedded Anchor welded in sections). i Mount) i (3) Finishes. Unless the pipe material is stainless steel, the pipe shall have PVC coating, powdercoat finish or hot -dipped galvanized finish applied after the flange has been welded in place (Surface Mount Method) or the anchoring cross bar has been fitted in a drilled hole (Embedment Method). (byJJth_flangeanount___.Racks shall be anchored with 3 inch anchor bolts, 'h inch in diameter. Mounting flange shall be a _ ._:.minimum % inch plate. (See: Illustration — Flanged Surface Mount). Figure 1. Two racks spaced 2 feet 6 inches on center and equaling 4 parking spaces. CD172:15 Fayetteville Code of Ordinances • i-8 MItt ti i DRILL PIPE 3' ABOVE BASE / / e- LONG, 7/78.0 STEEL CROSS BAR. WELDED EMBEDDED ANCHOR MOUNT THRU HOLE (Ord. No. 4293, 2-20.01) Sees. 172.11.-172.99. Reserved. l' -r MIN. / ti r W MIN. STEEL FLANGE FLANGED SURFACE MOUNT MIN. B' SQUARE FLANGE MIN. (3) 1.t STAINLESS STEEL CONCRETE ANCHOR BOLTS 0 0 CD172:16 TITLE XV. UNIFIED DEVELOPMENT CODE • H • CD172:17 TITLE XV. UNIFIED DEVELOPMENT CODE Chapter 173. Building Regulations. Sec. 173.01. General provisions. Sec. 173.02. Fire Prevention Code/Building Code. Sec. 173.03. Fire zones. Sec. 173.04. Electrical Code. Sec. 173.05. Gas Piping Code. Sec. 173.06. Plumbing Code. Sec. 173.07. Mechanical Code. Sec. 173.08. Unsafe buildings. Sec. 173.09. Homebuilders Licensing. Sec. 173.10. Standard Housing Code. Sees. 173.11.-173.99. Reserved. I CD173:1 • Fayetteville Code of Ordinances 0 0 0 •I CD173:2 TITLE XV. UNIFIED DEVELOPMENT CODE • CHAPTER 173. BUILDING REGULATIONS. Sec. 173.01 General provisions. In addition to the expiration date, and signature of authorized specific provisions provided hereinafter, the following representative of insurance company. general provisions shall apply to the Building Code, Electric Code, Gas Code, Mechanical Code and the (C) Responsibilities of permit applicant. Plumbing Code. (1) Notice to city. It shall be the duty of the (A) Permits. permit applicant or his authorized representative to give notice to the city (1) Fees paid. A permit shall not be issued until Building Safety Division when an installation the fees prescribed have been paid. Nor is ready for an inspection. shall an amendment to a permit be released until the additional fee, if any, due to an (2) Installation ready for inspection. It shall be increase in the estimated cost of the the duty of the permit applicant to make sure building, structure, electrical, plumbing, that the installation is ready for inspection mechanical, or gas systems has been paid. before the inspection is requested. (2) Expiration. Every permit issued hereunder' (3) Provide ready access. It shall be the duty of shall expire by limitation and become null the permit applicant to provide ready access and void if construction/installation to the premises where the requested authorized by permit is not commenced inspection is to be made. within six months from the date of such permit, or if the constructionrnstallation (D) Exemptions. The assembly and erection of authorized by such permit is abandoned for approved equipment by the manufacturer of such a period of six months at any time after the equipment, except electrical, gas, mechanical, construction/installation is commenced. and plumbing connections to said equipment, Before such installation can begin or be shall be exempt from permitting and inspection recommended, a.permit extension fee shall provisions. be paid or a new permit shall be secured for • the unfinished portion of the installation as (E) Uncovering work. Any installation or part thereof required by the building official, which is installed, altered, or repaired and covered before being inspected shall be (B) Liability insurance, uncovered for inspection as required by the Building Safety Division Director.. (1) The following shall be required to carry liability insurance. (F) Certificate of occupancy. (a) Every licensed master electrician (1) Required. In addition to the building permit applying for an electrical permit; fee, buildings and parts of buildings shall not be occupied before a certificate of (b) Every licensed supervising gas fitter occupancy is executed and issued by the actively engaged in gas installations; building official. (c) Every licensed mechanical/HVACR (2) Copy upon request. The owner of a single - licensee engaged in mechanical family and multi -family residential dwelling installations, will receive a copy of the certificate of occupancy if requested. (d) Every licensed master plumber actively engaged in plumbing installations. (Ord. No. 4100, §2 (Ex. A), 6-16-98) (2) Liability insurance shall be carried as set out Sec. 173.02. Fire Prevention Code/Building Code. below: (A) Adoption by reference. There is hereby adopted •General aggregate $100,000.00 by the City Council, by reference thereto, the •Personal and advertising $100,000.00 provisions set forth in the Arkansas Fire •Each occurrence $100,000.00 Prevention Code, with state adopted appendices, as may from time to time hereafter Each certificate shall indicate name of be amended and adopted by the State of • insurance company issuing policy, name of Arkansas, save and except such portions of said insured, policy number, effective and CD173:3 • Fayetteville Code of Ordinances 0 code as may be deleted, modified, or amended 1,400 square feet shall be 24 herein. inches. All footings shall be reinforced with horizontal steel • (B) Amendments, additions, and deletions to the rebar, and Building Code. The• Building • Code shall be amended as follows: (iii) Minimum footing rebar size shall be two #4's in an 18 inch footing and (1) Construction documents. Plans reviewed for three #4's in a 24 inch footing each code compliance with permits issued shall tied perpendicular to the #4 rebar be destroyed after construction is complete spaced no more than 24 inches on and as allowed by law after being copied for center, and supported three inches permanent record and maintained by the (3') from the bottom of the footing city. Plans retained on file for one -through spaced no more than 6 foot or - four -family residential dwelling units will be approved by the building official; destroyed when construction is complete and and may not be permanently copied. (iv) The thickness of the concrete (a) Plans. Plans submitted to be reviewed footing shall be a minimum of 12 for code compliance and permitting shall inches with a minimum of 3,000 PSI note the following: concrete; and (i) Construction type; (v) Minimum concrete footing for concentrated load shall be 24 (ii) Occupancy classification(s); inches x 24 inches x 12 inches in depth of 3,000 PSI concrete, 24 (iii) Occupant load; inches to bottom below finish grade with a rebar mat of four #4's (iv) Design live loads; supported three inches from the bottom with support as approved by (v) Design dead loads; the building official; or (vi) Occupancy and tenant separations; (v) Designed by an Arkansas registered professional architect or (vii) Design snow load; and engineer. (viii) Design wind load. I (3) Concrete floors. (Slabs on grade). (b) Ground snow loads. Ground snow loads (a) Minimum requirement. Minimum to be used in the determination of requirement for concrete slab -on -grade design snow loads shall not be less than floors shall be constructed in 20 pounds per square foot accordance with the Arkansas Fire Prevention Code, and shall be at least (c) Plan review. A plan review by an eight inches (87 above the finish grade independent entity may be required by a I surrounding the building; and building official for plans of unusual, special, and/or hazardous use of (b) Minimum compressive strength. buildings submitted for permit or review. Concrete used in the construction of floors shall have a minimum (2) Footing. compressive strength of 3,000 pounds per square inch; or (a) Design requirements. (c) Design. Designed by an Arkansas () The footing bottoms shall be a registered , professional architect or minimum of 24 inches below finish engineer. grade, and (4) Crew! space. Crawl space grade shall not (i) The minimum width of a concrete be lower than finish grade outside of a footing for one story building with building without construction of a drainage 1,400 or less square feet shall be remedy approved by the building official. 18 inches. The minimum width of a concrete footing for two-story (5) Signs. The City of Fayetteville adopted sign • buildings and buildings greater than ordinance shall take precedence over CD173:4 TITLE XV. UNIFIED DEVELOPMENT CODE' conflicts with the Building Code outdoor of the east line of North West Avenue; . display and signs requirements. thence south to a point in the south line of Scott Street, said point being 259 feet (6) Portable buildings. Requirements for building and three inches (37 east of the east permits shall not apply to small one story line of North West Avenue; thence east portable buildings with an area of 80 square along the south line of Scott Street to feet or less, but shall be subject to other the west line of Rollston Avenue, thence applicable city requirements. south along the west side of Rollston Avenue, to a point 180 feet north of the (7) Reroofing. Reroofing of existing residential north line of West Dickson Street; dwelling units including detached garages thence east parallel with the north line of and portable buildings shall not require a Dickson Street to a point in the west line - permit. However, the project is not exempt of a private driveway which is 147 feet, from meeting all code requirements. more or less, east of the east line of College Avenue; thence south along the (C) Amendments, additions, and deletions to the Fire west line of said driveway to the south • Prevention Code. The Fire Prevention Code shall line of East Dickson Street; thence east be amended as follows: along the south line of East Dickson Street to a point which is 300 feet east Sprinklers. In addition to the requirements of the of the east line of North College Avenue; Fire Prevention Code and the Building Code, any thence south parallel with the east line new building or alteration, addition or change of of College Avenue to the north line of occupancy of existing buildings which exceeds East Rock Street; thence west along the three stories including the -basement, or 50 feet north line of Rock Street to the point of • or greater in height at'the highest point of said beginning. building shall be protected by a complete automatic . sprinkler system designed and (b) Beginning on the north boundary of the installed with compliance to applicable NFIPA area described in subsection a. above, Standards. at a point which is 180 feet north and 160 feet west of the west line of College (Ord. No. 4100, §2 (Ex. A), 6-16-98) Avenue; thence north parallel with said . west line of College Avenue; thence Sec. 173.03. Fire zones. north parallel with said west line of College Avenue 480 feet; thence west (A) Zones. The city is hereby divided into two fire 30 feet; thence north 132 feet to the zones which shall be known as the first fire zone south line of Lafayette Street; thence and the intermediate fire zone. across Lafayette Street to the north side thereof to a point 180 feet west of the (1) First zone. The first fire zone shall include west line of College Avenue; thence the following areas of the city: north 92.5 feet; thence east 10 feet; thence north parallel to the west line of (a) Beginning at a point where the east line College Avenue 367 feet to the south of south Locust Avenue intersects the line of Maple Street; thence north line of west Rock Street and northwesterly across Maple Street to the running thence west along the north line east line of the north -south alley of Rock Street to the east line of South between Maple Street and Davidson West Avenue; thence north along the Street, the east line of said alley being east line of West Avenue to the north 200 feet west of College Avenue; thence line of West Center Street to the east north along said east line to Davidson line of University Avenue to the north Street; thence northeasterly across line of West Dickson Street thence west Davidson Street to a point on the north along the north line of Dickson Street to line thereof, 140 feet west of the west the east line of Arkansas Avenue; line of College Avenue; thence north thence north along the east line of parallel with said west line of College Arkansas Avenue to the south line of Ida Avenue to Trenton Boulevard; thence Street; then east along the south line of across Trenton Boulevard to a point on Ida Street to the east line of Gregg the north line thereof, 150 feet west of Avenue; thence north along the east line the west line of College Avenue; thence of Gregg Avenue to the south line of in a northerly direction parallel to and West Lafayette Street; thence east 150 feet west of the west line of College • along the south line of Lafayette to a Avenue to the south line of North Street; point 259 feet and three inches (3') east thence east along the south line of North CD173:5 • Fayetteville Code of Ordinances 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 of 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 beginning. (c) A strip of land 150 feet wide on each side of the .1-540 from the north line of the first fire zone; as established in the above divisions, north along 1-540 to the north city limits. (d) A strip of land 150 feet wide on each side of the 1-540 from the south boundary of the first fire zone, as established in the above divisions, south along 1-540 to the south city limits. (e) A strip of land 150 feet wide on each side of United States Highway 62 from I- 540 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 centerline 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 centerline extended of East South Street; thence west along the centerline of East South Street to the centerline of South East Avenue; thence south along the center line of South East Avenue to the centerline of West Fourth Street (formerly West First Street); thence west along the centerline West Fourth Street to the centerline of South Block Avenue; thence south along the centerline of South Block Avenue to the centerline of • West Fifth Street; thence west along the centerline 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. (i). A zone of 340 feet wide, extending 170 feet in each side of the centerline 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 centerline of West Sixth Street (Highway 62), from a north -south line parallel to and 140 feet west of the centerline 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 indude all territory now or hereafter within the corporate limits of the city which is not within the first fire zone. I • CD173:6 TITLE XV. UNIFIED DEVELOPMENT CODE (Code 1965, §16-1; Ord. No. 885, 10-01-45; Code 1991, . (3) Permits required; qualifications. . §151.01, 151.02, 151.03; Ord. No. 4100, §2 (Ex. A), 6.16- 98) (a) Application. All electrical work, unless Sec. 173.04. Electrical Code. specifically exempt herein, shall require the application and approval of an electr(A) Adoption by reference. There is hereby adopted Safety permit from the city Building by the City Council of the City of. Fayetteville, Safety Division prior to h beginning Arkansas, by reference thereto the provisions set electrical installations in the corporate forth in the Arkansas Board of Electrical limits of the city. Examiners Act, Arkansas Electrical Code (b) Issuance. The city Building Safety Authority Act, and Regulations for the Board of _Division is. authorized to issue electrical —EleclricarExamlrreri'.governing the tanstruaion, --permits to the following: installation and inspection, of electrical wiring, electrical equipment, and electrical installations, (I) Arkansas state licensed master pursuant to the authority expressly conferred by electricians. the laws of the State of Arkansas, and as may from time to time hereafter be amended, save (ii) Arkansas state licensed industrial and except such as may be deleted, modified, or amended herein. maintenance electrician for an electrical permit on or within an industrial or manufacturing type (B) Amendments, additions, and deletions. The facility. Arkansas Board of Electrical Examiners Act, Arkansas Electrical Code Authority Act, andARegulations for the Board of Electrical Examiners (iii) property permit owner to install electrical may be issued to a governing the construction, installation, and installations in a single-family inspection of electrical wiring, electrical residence, provided the property equipment, and electrical installations shall be owner does the work himself, and amended as follows: —the building -is -owned -and occupied 1 Responsibilities of a master electdaan. It by such owner as his home. Such ( ) electrical work must strictly comply shall be the duty of the master electrician to with the requirements of this require apprentice electricians to register chapter. annually with the city Building Safety Division before doing electrical work and to inform the (4) Power company. Building Safety Division when said apprentice is terminated. (a) Meter installation. An electrical ut(2) Exemptions. The following shall be exemptinstall aomea meter before approval is company shall not from these provisions: n received from the Building Safety Division when there have been (a) Public utility. Any construction, installs changes, additions, alterations, tion, maintenance, repair, or renovation by a pubic utility regulated by the Public and/or repairs to the electrical Service Commission, or by a rural system. electric cooperative, of any transmission (b) Faulty electrical wiring. An or distribution lines or facilities incidental electrical utility power company to their business and covered under shall not install a meter when faulty other nationally recognized safety electrical wiring is evident and a standards. hazard exists. (b) Department of Labor, Elevator Safety (c) Existing installation. Nothing herein Division. Electrical work regulated by shall be so construed as to require the Arkansas Department of Labor, approval from the Building Safety Elevator Safety Division. Division before a meter is installed on an existing installation unless (c) Minor repair. A permit is not required for minor repair, replacement of fuses and some change has been made lamps, or connections of portable and/or hazard exists to the electrical equipment to permanently electrical system. installed receptacles. CD173:7 Fayetteville Code of Ordinances • (5) Miscellaneous provision. (f) Final. (a) NM and NMC cable. The use of type (2) Tests on electrical work shall be performed NM and NMC cable shall be limited to . by the master electrician as required by the residential dwelling units and existing Building Safety Division Director. buildings less than 3, 000 total square feet that are less than three stories and (Ord. No. 4100, §2 (Ex. A), 6-16-98) with occupancy defined by the building . State law reference(s)—Arkansas Board of Electrical code as business and/or mercantile Examiners Act, A.C.A. §7-25-102 et seq.; Arkansas when altered, renovated, added to, Electrical Code Authority Ad, A.C.A. §20-31-101 et seq. and/or occupancy changed. Existing electrical wiring proposed to be used for Sec. 173.05. Gas Piping Code. said existing building shall be certified - as -=-safe by an Arkansas. Professional (A) Adoption by reference. There is hereby adopted Engineer and / or Architect or Arkansas by the City Council by reference thereto the Master License Electrician. provisions set forth in the Arkansas State Gas Code, Rules and Regulations of the State Board (b) Pull chain switches. The use of pull chain of Health governing the construction, installation --switches shall -be -prohibited. and inspection of consumer's gas piping, gas appliances and gas equipment, duly adopted and (c) Fuses. The use of fuses as overcurrent promulgated by the Arkansas State Board of protection of circuits shall be prohibited Health, Little Rock, Arkansas, pursuant to the in residential dwellings, authority expressly conferred by the laws of the I State of Arkansas, and as may from time to time (d) Aluminum conductors. The minimum hereafter be amended, save and except such size of aluminum conductors shall be #2 portions of said code as may be deleted, AWG. Splicing and termination of modified or amended herein. aluminum conductors shall be with approved compression fittings. (B) Amendments,—additions,—and—detetidns. The Arkansas State Gas Code, ' Rules and (6) Neon lighting. Regulations of the State Board of Health, governing the construction, installation and (a) Permit required. Power and control inspection of consumers gas piping and gas electrical wiring shall not be installed appliances and gas equipment shall be amended without obtaininga permit. Permit as follows: application, drawings, and specification shall be submitted for approval as (1) Exemptions. The following shall be exempt required by the Building Safety Division from these provisions: before installation begins. b No license required. An electrical (a) Gas company. Nothing herein shall be (b)construed as applying to a gas license shall not be required to obtain a company, its agents, servants, and permit to install neon tubing, associated employees conducting its business transformer, high voltage wiring, and under the franchise granted by the city appurtenances. in the installation, repair, maintenance, removal or replacement of gas piping (C) Inspections and tests. machinery or equipment owned or operated by the gas company in the city. (1) Inspections of electrical installations shall be requested and approved by the Building (b) Gas meter. Nothing herein shall be so Safety Division before covering as follows: construed as to require a permit and inspection from the city Building Safety (a) Temporary construction meter, Division before a gas meter can be set unless some change has been made in (b) Underground; gas installation since service was disconnected. _ (c) "1n concrete orunder concrete; (2) Permit required; qualifications. (d) Rough -in; (a) Application. A gas permit shall be (e) Meter, and/or, applied for and obtained from the city Building Safety Division prior to CD173:8 TICODE TLE XV. UNIFIED DEVELOPMENT • beginning gas installations in the Plumbing Code, Rules and Regulations of the • corporate limits of the city. State Board of Health, governing the construction, installation and inspection, of (b) Issuance. The city Building Safety plumbing and drainage, duly adopted and Division is authorized to issue gas' promulgated by the Arkansas State Board of permits to the following: Health, Little Rock, Arkansas, pursuant to the authority expressly conferred by the laws of the () State licensed supervising gas State of Arkansas, and as may from time to time fitter. hereafter be amended, save and except such portions of said code as may be deleted, (i) State licensed master plumbers. modified, or amended herein. --("')A- permit may be issued to a, (B) Amendments, - additions, and deletions. The property --owner to' install gas Arkansan- State -Plumbing Code, Rules and installations in a single-family Regulations of the State Board of Health, residence, provided the property governing the construction, installation, and owner does the work himself, and inspection of plumbing and drainage shall be the building is owned and occupied amended as follows: = bysuch owner as..his.home. Such - --- - --- gas installations must strictly (1) Permits required; qualifications. comply with the requirements of this chapter. (a) Application. All plumbing work, unless I • specifically exempt herein, shall require (3) Miscellaneous provisions. All underground the application for and approval of a plastic as piping 'shall have a #14AWG plumbing permit from the city Building copper or large tracer wire with moisture Safety Division, prior to beginning resistant thermoplastic insulation installed in plumbing installations in the corporate the same trench with the underground plastic limits of the city, and on water and piping: —Said tracer wire shall be continuous -sewer—systems —owned ---by--the city and secured to the piping above ground. outside of the city limits. (C) Inspection and tests. (b) Documentation. No plumbing permit . shall be issued until the following has (1) Inspections of gas installations shall be been received: made before covering, and with required tests as follows: () Plumbing permit issued by the State Department of Health, as (a) Underground; required. (b) Rough -in; and/or (ii) Plans and specifications approved by the State Department of Health, (c) Final, as required. (2) Tests as required by code shall remain on (iii) State Department of Health any addition, alteration, repair, and new approval of an individual sewage piping installations until the installation has disposal system when a public been approved by a Building Safety Division sewer is not available for use. Director. (iv) Building permit has been issued. (Code 1965, §15-69, 15-61, 15-76, 15-70; Ord. No. 1432, 02-15-65; Ord. No. 1741, 06-01-70; Ord. No. 2256, 07-20- (c) Minor repairs. No permit is required for 76; Ord. No. 2033, 08-06-74; Ord. No. 4100, §2 (Ex A), 6- minor repairs to faucet, valves, pipes, 16-98) appliances, and the removal of State law reference(s)—Public health -Enforcement, stoppage. • ACA §4-97-106; Arkansas Administrative Procedure, (d) Issuance. The city Building Safety A.C.A. §25-15-201 et seq. Division is authorized to issue plumbing Sec. 173.06 Plumbing Code. permits to the following: (A) Adoption by reference. There is hereby adopted (i) State licensed.master plumbers. by the City Council by reference thereto the provisions set forth in the Arkansas State • CD173:9 • Fayetteville Code of Ordinances • (ii) A permit 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 test as follows: (a) Underground; (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) Application. All mechanical work, unless specifically exempt herein, shall require the application for and approval of a mechanical permit from the city Building Safety Division, prior to beginning mechanical installations in the corporate limits of the city. (2) Minor repairs. No permit is required for minor repairs such as recharging of units, filter changes, and replacement of parts within the units. (3) Issuance. The city Building Safety Divisign is . authorized to issue permits to the following: (b) Under slab; (a) State licensee; (c) Rough -in; and/or (b) A permit may be issued to a property owner for mechanical installations in a • (d) Mufti -story rough -in; and single-family residence, provided the property. owner does the work himself, (e) Final. and the building is owned and occupied by such owner as his/her home. Such (2) The Building Safety Division Director shall mechanical work must strictly comply have the right to inspect and may require with the requirements of this chapter. tests for existing plumbing installations when there is reason to believe that such system is (C) Inspection and tests. not safe for the use it is intended. When such inspection or tests indicate a faulty or (1) Underslab/underground; unsafe system, the system shall be made safe to the satisfaction of the inspector (2) Rough -in; and/or before the system is used. (3) Final. (Code 1965, §15-1, 15.9, 15-3 15-4; Ord. No. 1433, 02-15- (D) Right to inspect. The Building Safety Division 65; Ord. No. 1861, 04-13-72; Ord. No. 3228, 11-18-86; Ord. Director shall have the right to inspect and may No. 4100, §2 (Ex. A), 6.16-98) require tests for existing mechanical installations when there is reason to believe that such system Sec. 173.07. Mechanical Code. is not safe for the use intended. When such inspections or to a (A) Adoption by reference. There is hereby adopted madefaulsafeor befunsore shall be before system, systemtests shall by the City Council by reference thereto the me the system is used. provisions set forth in the Arkansas State Mechanical Code, Rules and Regulations of the (Ord. No. 4100, §2 (ExA), 6-16-98) State HVACR Board, including guidelines for estimating heat loss and gain, governing the Sec. 173.08. Unsafe buildings. • installation and inspection of mechanical systems duly adopted and promulgated by the Arkansas (A) No person or persons, partnership, corporation or State HVACR Board, Little Rock, Arkansas, association, hereinafter referred to as "owner", pursuant to the authority expressly conferred by shall keep or maintain any house or building the laws of the State of Arkansas, as may from within the corporate limits of the city which has time to time hereafter be amended, save and become dilapidated, unsafe, unsanitary, or except such portions of said code as may be detrimental to the public welfare. deleted, modified, or amended herein. • CD173:10 •TITLE XV. UNIFIED DEVELOPMENT CODE I (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 Building Safety Division Director 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. (1) Deteiminatidn 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. (Code 1991, §151.51, 151.52(A)(1)(2); Ord. No. 3948, 02- 20-96; Ord. No. 4100, §2 (Ex. A), 6-16-98) State. Jaw: reference(s)-Removal or razing of buildings, A.C.A. §14-56-203. • Sec. 173.09. Homebuilders licensing. Adoption by reference. There is hereby adopted by the City Council, by reference thereto, the provisions set forth in A.C.A. §17-25-501 et seq., save and except such portions of said code as may be deleted, modified, or amended herein. Cross reference(s)-Administration, Ch. 152; Appeals, Ch 155; Variances, Ch. 156; Fees, Ch. 159. (Code, 1991, §151.31.5) Sec. 173.10. Standard Housing Code. (A) Adoption by reference. There is hereby adopted by the City Council, by reference thereto, the provisions set forth in the Standard Housing Code, 1997 Edition, save and except such portions of said code as may be deleted, modified, or amended herein. (B) Amendments, additions, and deletions to the Standard Housing Code, 1997 Edition. The Standard Housing Code, 1997 Edition, shall be amended as follows: (1) The Construction Board of Adjustments and Appeals shall perform those duties of the Housing Board of Adjustments and Appeals as set forth in Section 106, Standard • Housing Code, 1997 Edition. (2) The housing official shall be known as the chief building official. (3) Section 108, Standard Housing Code. 1997 Edition, is hereby deleted. (Code 1965, 6-34; Ord. No. 1558, 08-21.67; Ord. No. 2885, 01-04-83; Ord. No. 2299, 12-21-76; Ord. NO. 2709, 03-24- 81; Code 1991, §151.20, §151.22; Ord. No. 4100, § 2 (Ex. A), 6-16-98; Ord. No. 4124, §2,11-17-98) Cross reference(s)—General penalty, §10.99. State law reference(s)—Adoption of technical codes by reference, A.CA. §14=55-207. -.....--- Sees. CD173:11 0 Fayetteville Code of Ordinances • • r1 CD173:12 • TITLE XV. UNIFIED DEVELOPMENT CODE • Chapter 174. Signs. Sec. 174.01. General regulations. Sec. 174.02. Permit applicationtiissuance. • Sec. 174.03. Exemptions. Sec. 174.04. Sign identification. • Sec. 174.05. Sign removal. Sec. 174.06. Nonconforming signs. Sec. 174.07. Placing signs on public and private property. Sec. 174.08. Prohibited signs. Sec. 174.09. Sign illumination. Sec. 174.10. Freestanding signs. Sec. 174.11. Projecting signs. Sec. 174.12. Wall signs. Secs. 174.13.-174.99. Reserved. • • CD174:1 • Fayetteville Code of Ordinances • • • CD174:2 ITLE XV. UNIFIED DEVELOPMENT CODE • CHAPTER 174. SIGNS. • Sec. 174.01. General regulations. (5) Person erecting structure. Name of person, firm, corporation, or association erecting (A) Permit required. It shall be unlawful for any structure. person to erect, repair, after, relocate or keep within the city any sign or other advertising (6) Consent of owner. Written consent of the structure except as exempted herein without first owner of the building, structure, or land to obtaining a sign permit from the Planning which or on which the structure is to be Division. erected. (B) Illuminated signs. All illuminated signs shall, in, (7) Electrical permit. Any electrical permit addition, be subject to the provisions of the required and issued for said sign. electrical code, and the permit fees required Application requesting electrical permit for thereunder. proposed sign must accompany sign application. (C) Fees. Every applicant, before being granted a permit hereunder, shall pay to the Planning (8) Other information. Such other information as Division's office the permit fee set forth in the Planning Division shall require to show Chapter 159. full compliance with the Code of Fayetteville. (D) Maintenance of premises. All freestanding signs (B) Issuance' of sign permit. It shall be the duty of and the premises surrounding the same shall be the Planning Division, upon the filing of an maintained by the owner thereof in a dean, application for an erection permit, to examine sanitary, and .inoffensive condition, and free and such plans and specifications and other data and dear of all obnoxious substances, rubbish and the premises upon which it is proposed to erect weeds, the sign or other advertising structure, and if it shall appear that the proposed structure is in (E) Privilege. All rights and privileges acquired under compliance with all the requirements of this the provisions of this chapter, or any chapter and all other laws and ordinances of the . amendments thereto are mere licenses revocable city, he/she shall then issue the sign permit. If at any time by the City Council and all such the work authorized under an sign permit has not permits shall contain this provision, been completed within six (6) months after date of issuance, the said permit shall become null (Code 1965, §§17B -3(a), (c), (e), 4(b); Ord. No. 1893, 12-19- and void. 72; Ord. No. 2198, 2-17-76; Ord. No. 2790, 1-18-82; Code 1991, §§158.05, 158.20, 158.22, 158.24, 158.38; Ord. (Ord. No. 1965, §176 3(b), (d); Ord. No. 1893, 12-19-72; No.3925, §4,10-3-95; Ord. No. 4100, §2 (Ex. A), 6-16-98) Ord. No. 2198, 2-17-76; Code 1991, §§158.21; 158.23; Ord. No. 4100, §2 (Ex. A), 6-16-98) Sec. 174.02. Permit applicatlonlissuance. Sec. 174.03. Exemptions. Exemptions shall not be (A) Application. Applications for initial sign permits construed as relieving the owner of such signs from shall be made upon blanks provided by the the responsibility of complying with certain applicable Planning Division and shall contain or have provisions of this chapter. The exemptions shall attached thereto the following information:apply to the requirement for sign permit only, and no sign permit shall be required for the erection of the (1) Applicant identification. Name, address and following signs: telephone number of the applicant. (A) Professional name plates. Professional name (2) Location. Location of building, structure, or plates erected fiat on walls of building and not lot to which or upon which the sign or other exceeding four (4) square feet of display surface advertising structure is to be attached or area. • erected. (B) Building construction signs. One on -site building (3) Position. Position of the sign or other construction sign on each construction site in any advertising structure in relation to nearby zoning district, provided that maximum display buildings or structures. surface area shall be eight (8) square feet or less in R zoning districts: 32 square feet or less in (4) Blueprfnts/drawings. Two blueprints or ink other zoning districts. • drawings of the plans and specifications and method of construction and attachment to (C) Real estate signs. On a lot in any district, there the building or in the ground. may be erected one on -site unanimated real CD174:3 • Fayetteville Code of Ordinances 9 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 10 feet from the street. The permitted illumination and maximum display surface area for a real estate sign shall be as follows: District Permitted Illumination Area (Sq. Ft) R -A Nonilluminated 32 RSF, RMF, RT, R -O Nonilluminated 8 P-1, C and I Nonflashin 32 (D) Home occupation signs. Home occupation signs erected flat against the wall and not exceeding three (3) square feet (E) Memorial signs, name signs. Memorial signs or tables, 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 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 campaigns. Election campaign banners when said banners are not placed more than 10 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 is 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 (4) square feet of display surface area. Notwithstanding the restrictions on the location and number of freestanding signs prescribed by §174.10., one freestanding sign not exceeding four (4) 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 followings 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 citys official seatbelt sign is used. CD1 74:4 TITLE XV. UNIFIED DEVELOPMENT CODE • so 0 I (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 districts. (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 (6) months within 50_feetof&dwellingJn..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 10 square feet shall be set back from street right- of-way an additional one (1) foot for each two (2) square feet of display surface area in excess of 10 square feet. (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 (4) 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 1965, §1768; Ord. No. 1893, 12-19-72; Ord. No. 3294, 9-15-87; Ord. No. 3307, 10.20-87; Ord. No. 3313, 11- 17-87; Code 1991, §158.08; Ord. No. 4100, §2 (Ex. A), 6-16- 98) Sec. 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 readable by the inspector from the ground, the permit number. (Code 1965, §17B-6; Ord. No. 1893, 12-19-72; Ord. No. 3294, 9-15-97; Ord. No. 3307, 10.20-87; Ord. No. 3313, 11- 17-87; Code 1991, §158.08; Ord. No. 4100, §2 (Ex A), 6-16- 98) Sec. 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. (Code 1965, §17B -4A; Ord. No. 1893, 12-19-72; Ord. No. 2934, 8-2-83; Ord. No. 2948, 9.2083; Ord. No. 3298; 10-6- 87; Code 1991, §158.35; OM. No. 4100, §2 (Ex. A), 6-16-98) CD174:5 Cross reference(s)—Enforcement, Ch. 153. Sec. 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, Chapters 160 through 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 shape, size, or legend, or on or before January 19, 1980, whichever occurs sooner. (B) Off -site, nonconforming signs. Off -site, non- conforming 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. • Fayetteville Code of Ordinances • (D) Damaged/replace. Should any nonconforming such temporary signs shall be subject to the sign be damaged by any means to an extent of. following conditions: more than 50% of its replacement cost at time of damage, it shall not be reconstructed except in (a) Display surface area. The maximum conformity with the provisions of this chapter. display surface area of each sign shall not exceed six (6) square feet (Code 1965, §178-5; Ord. No. 1893; 12-19-72; Ord. No. 2109, 6.3-75; Ord. No. 2255, 7-20.76; Code 1991, §158.07; (b) Number of signs. No more than three Ord. No. 4100. §2 (Ex. A), 6-16-98) (3) signs directing the general public to such an event or activity shall be placed Sec. 174.07. Placing signs on public and private on public property at the same time by property. one such organization; (A) Placing signs on public property. (c) Organization name. Each such sign shall. identify the nonprofit organization (1) Agencies of government. No signs other by name; than signs placed by agencies of government shall be erected on. any public (d) Temporary sign. No such temporary property; provided, directional signs may be sign shall be placed on public property erected upon the citys street name for more than five (5) successive days; signposts, or upon traffic signposts under the I following conditions: (e) Locatior✓approval. The location of each such sign shall be approved by the (a) Public facility/out-of-town patrons. The Planning Division and Transportation signs direct the reader to the location of Division Director to ensure that the signs a public facility attended principally by will not constitute a traffic hazard; out-of-town patrons, to a facility operated by a nonprofit entity and (f) Permit/number of signs. The attended principally by outof-town organization applies for, and is issued, a patrons, to a facility relating to the public sign permit; one permit may authorize health, safety, or welfare, or to scenic or installation of up to three (3) signs historic trails; pursuant to the provisions of this division; and (b) Traffic Division. The signs are fabricated, erected and maintained by (g) Temporary signs. No such organization the city Transportation Division; shall install, or be issued a permit to install a temporary sign on public (c) Cost. The entire cost of the signs is property pursuant to the provisions of borne by the entity requesting the signs; this division more often than six (6) times within a 12 -month period. (d) Installation. The signs are installed at locations . where they would not (B) placing signs on private property. No signs shall constitute a traffic hazard. be placed on any private property without the (e) Traffic control devices. The signs consent of the owner thereof. conform to the manual on uniform (C) Placing signs on trees or rocks. No signs shall traffic -control devices; and be placed or painted on any tree or rock. (f) Directional signals. The maximum (D) Placing signs on utility poles. No signs shall be number of directional signs permitted placed on any utility pole except for utility under this section shall be seven (7) for identification or similar purposes. each entity; provided, the limitation provided hereby shall not apply to signs (Code 1965, §17B -7(c); Ord. No. 1893, 12-19-72; Ord. No. directing the reader to scenic or historic 2934, 8-2.63; Ord. No. 2948, 9-20-83; Ord. No. 3298, 10 -6 - trails. 87; Code 1991, §159.37; Ord. No. 3677, §1, 3-2-93; Ord. No. 4100, §2 (Ex. A), 6-16-98) .(2) Nonprofit organizations. Nonprofit 174.08. Prohibited signs. organizations shall be allowed to place Sec temporary signs of a noncommercial nature on public property for the purpose of (A) Spot lights and beacons. It shall be unlawful for directing the general public to the location of any person to continue in operation or erect any an event or activity which promotes the attraction device or sign which contains a beacon general public welfare. The placement of CD174:6 TITLE XV. UNIFIED DEVELOPMENT CODES CI • of any type and/or contains a.spot light providing direct illumination to the public. (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. (C) Portable swinger or temporary attraction sign boards. --It shall be- unlawful -for any person. to continue to display or erectany portable swinger. "A" frame, sandwich, or temporary attraction sign board in the city. (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 part. (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 Planning Division upon payment of the appropriate fee; provided further, one company flag shall be permitted on a lot, at a shopping center, or mall. (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 dear 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. (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. (H) Roof signs. Roof signs shall not be permitted except on appeal to the Board of Sign Appeals. Cross reference(s)—Variance, Ch. 156, Appeals, Ch. 155. (I) Restricbo`ns-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 1965, §17B -7(b), (e) -(k); 178.8; 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, §158.38, 158.36, 158-39- 158.46; Ord. No. 4100, § 2 (Ex. A), 6-16-98) Sec, 174.08. Sign Illumination. Direct illumination by incandescent light bulbs shall be restricted to light bulbs rated at 25 watts or less. (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; Code 1991, §158.38; Ord. No. 4100, §2 (Ex. A), 6-16-98) Sec. 174.10. Freestanding signs. It shall be unlawful to erect any freestanding sign which total height is greater than 30 feetabove the level otth'a-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-atthe-intersection. For any sign located closer to street right-of-way than 40 feet, the maximum height shall be reduced one-half (1/2) 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) R -A 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 setback 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 and 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 signs shall be permitted on a lot or parcel zoned RMF or R -O subject to the following restrictions: (1) Display surface area. The maximum display surface area shall not exceed four (4) square feet; CD174:7 • Fayetteville Code of Ordinances • (c) Adjoining property. May be erected a (2) Setback from right-of-way. The sign shall be minimum of one (1) foot from adjoining setback a minimum of 15 feet from street property. right-of-way. (3) Height. The height of the sign shall not be greater than six (6) feet above the level of the street upon which the sign faces. (4) Setback from R District. The sign shall be setback a minimum of 25 feet from the boundary of any R District. (5) Adjoining property. The sign shall be erected a minimum of 10 feet from adjoining property. (6) , Illumination. The sign shall be illuminated by _--indirect. illumination. only. ------ (C) C Districts. • (1) Number of signs. Only one on -site freestanding signs 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 10 square feet; provided, the display surface area may be increased two (2) square feet for each one (1) foot the sign is setback from street right-of-way beyond 15 feet, provided further, the maximum display surface area for a sign which.is setback 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. Setback 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. (d) Illumination. Signs may be illuminated by direct or indirect illumination. (e) Setback from R or R -O Districts. Setback 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 over 37,500 square feet located, as approved by the Planning Division, at no more than two (2) remote entrance locations. The permit applicant- shall provide a recorded legal document as approved by the Planning Division indicating ownership and responsibility for maintenance of sign and subject to the following: (a) R Districts. Prohibited. (b) R -O District. Monument sign permitted —with-a maximum -display surface area of 32 square feet. (c) C and I Districts. Display surface shall not exceed 300 square feet. (d) Joint identification sign display. A freestanding sign or monument sign greater than 32 square feet for a person or business with display on a joint identification sign shall not be allowed. (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 10 square feet; provided, the display surface area may be increased two square feet for each one foot the sign is setback from street right-of-way beyond 15 feet; provided further, the maximum display surface A 11 CD174:8 TITLE XV. UNIFIED DEVELOPMENT CODE area for a sign which setback from (H) Monument signs. A monument sign shall be • street right-of-way 40 feet or more shall setback a minimum of 10 feet from the street be 75 square feet; provided further, the right-of-way and may be substituted for a maximum display surface area for an freestanding sign permitted by § 174.10., on -site freestanding sign located on provided the display surface area meets the property which abuts a controlled following: access highway shall be 200 square feet. (1) RSF Districts. Prohibited on individual lots. (b) Setback from right-of-way. Setback shall (2) R -A and P Districts. The display surface be a minimum of 15 feet from street area, shall not exceed 32 square feet • right-of-way; provided, an on -site • freestanding sign located on property (3) RMF, RT and R -O Districts. The display which abuts a controlled access surface shall not exceed 16 square feet. highway shall be set back a minimum of 40 feet from street right-of-way of the (4) C and I Districts. The display surface area service roadshall not exceed the maximum permitted, by §174.10. —(c) Adjoining property. Signs may --be erected a minimum of one foot from (Code1965, §17B-9; Ord. No. 1893,1219-72; Ord. No. adjoining property; provided however, 3008, 5-1.84; Ord. No. 3029, 8-21.84; Ord. No. 3294, 9 -15 - said signs must be setback 25 feet from 87; Code 1991, §158.47; Ord. No. 4100, §2 (Ex. A), 6 -16 - the boundary of any R or R -O Districts. 98); Ord. No. 4226, 2-15.00) Sec. 174.11. Projecting signs. .(E) P Districts. Freestanding signs other than those permitted in §174.10. shall be prohibited and no (A) Sidewalks. It shall be unlawful to erect any freestanding sign shall hereafter be erected in the projecting sign that projects from the wall of a P Districts. building uponwhich_it_ is erected a distance of (F) Space of off -site, freestanding signs. No two oft more than two-thirds of the width of the sidewalk site, freestanding signs shall be spaced less than (in those instances where there w is a sidewalk • 200 feet apart; provided, the minimum spacing next right-of-wayto the building) thinowithin two feet there or street provided ' hereby shall not apply to signs nextin those instances prrevie is no no separated by buildings or other obstructions in sidewalk ign shalltprovided, et such a manner that only one sign is visible from projecting sign of project more than six (6) feet the street or highway at any one time. from the wall the building upon which it is erected. (G) Area signs. (B) (1) 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 Planning Division, who will approve such structure upon the criterion of (C) traffic safety sight lines. (a) Areas with more than one entrance may not have a sign at more than two locations. 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 dear grade level below the sign by a minimum of eight (8) feet. Displaying surface area. The display surface area of a projecting sign shall not exceed 16 square feet. Only one (1) projecting sign per business shall be permitted and a projecting sign shall not be permitted on property which has a freestanding sign. (b) An area sign with display on one side (D) Oi1-site. Oft site projecting signs shall be located on each side of an entrance prohibited in R -A, RSF, RT, RMF, and R -O street may be substituted for a single zoning districts. sign with display on both sides. (E) On -site. On -site projecting signs shall be (2) Display surfacearea. prohibited in all zoning districts. (a) A, P, R, and R -O Districts. Display area (Code 1965, §17B-10; Ord. No. 1893, 12-19-72; Ord. No. shall not exceed 32 square feet. 2255, 7-20-76; Code 1991, §158.48; Ord. No. 4100, §2 (Ex. A.), 6-16-98) (b) C and I Districts. Display area shall not • exceed 75 square feet. CD174:9 S. Fayetteville Code of Ordinances 0 Sec. 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) Single tenant. Where a building houses only one business, a maximum of four (4) wall signs may be placed on one wall, but no more than four (4) wall signs may be placed on the building. (2) Multiple tenants. Where a building houses' more than one (1) business, wall signs shall be limited in number to one (1) wall sign per business on each wall with a limit of four (4) wall signs per business per building. (C) Display surface area. (1) Al! 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 an 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 residential zoning districts. In R and R -O zoning districts, the following limitations shall apply: (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 surfaces shall not exceed 16 square feet. (Code 1965, §176.11; Ord. No. 1893, 12-19-72; Ord. No. 2309, 2-15-77; Ord. No. 3217, 10-21-86; Ord. No. 3294, 9- 15-87; Code 1991, §158.49; Ord. No. 4100, §2 (Ex. A), 6-16- 98) Cross reference(s)—Boards and Commissions, Ch. 33, General Provisions, Ch. 150; Definitions, Ch. 151; Enforcement, Ch. 153; Appeals, Ch. 155; Variances, Ch. 156; Fees, Ch. 159. (Ord. No. 4226, 2-15-00) Secs. 174.13.-174.99. Reserved. • CD174:10 TITLE XV. UNIFIED DEVELOPMENT CODE • • CD174:11 TITLE XV. UNIFIED DEVELOPMENT CODE • Chapter 175. Manufactured homes and Manufactured home Parks. • • Sec. 175.01. Manufactured home park operator's permit Sec. 175.02. Manufactured homes restricted to manufactured home parks. Sec. 175.03. Development requirements for manufactured home parks. Sec. 175.04. Minimum manufactured home park design standards. Sec. 175.05. Supervision; maintenance and repair. Sec. 175.06. Existing manufactured home parks. Sec. 175.07. Authority of health / enforcement officer. Sec/ 175.08 Duty of owners or occupants. Secs. 175.09.-175.99. Reserved. CD175:1 • Fayetteville Code of Ordinances • • • • CD175:2 TITLE XV. UNIFIED DEVELOPMENT CODE CHAPTER 175. MANUFACTURED HOMES AND MANUFACTURED HOME PARKS. Sec. 175.01. Manufactured home park operator's (2) Building permit. Applications for building permit permits for manufactured home parks shall be in writing, signed by the applicant, and (A) Permit required. It shall be unlawful for any accompanied by an affidavit of the applicant person to operate any manufactured home park as to the truth of the statements and facts within the limits of the city, unless he holds a set forth in the application, and shall contain valid operator's permit issued by the enforcement the following: officer in the name of such person for the specific manufactured home park. (a) Plan. A complete plan of the manufactured home park, containing the (1) Applications. All applications for permits shall legal description, showing compliance be made to the enforcement officer, who with all applicable provisions of this shall issue a permit, to be valid for one year. chapter and regulations promulgated then renewable annually upon compliance thereunder, and, by the applicant with provisions of this chapter and of any regulations adopted (b) Other information. Such further • pursuant thereto, and of any other applicable information as may be requested by the • legal requirements. enforcement officer to enable him to determine that the proposed' (2) No permit shall be transferable. Every manufactured home park will comply person holding such a permit shall give with legal requirements. notice in writing to the enforcement office within 24 hours after having sold, (3) Changes/new application. No changes or transferred, given away, or otherwise additions may be made in the plat plan or disposed of such operator's right to control of construction of a manufactured home park .the manufactured home park for which such except upon a new application which shall permit was issued, and any such permit shall be subject to the same terms and conditions then and there expire and immediately be of the original application. • null and void. Such notice shall include the name and address of the person succeeding (4) Renewals. Applications for renewals of operator's to the control of such manufactured home permits shall be made in writing by the holder of park. No successor to the right to operate the permit and shall contain the following: said manufactured home park may commence operations until he has been (a) Changes. Any change in the information issued a valid permit as herein required. submitted since the time the original permit was issued or the latest renewal (3) Operation without permit. No manufactured granted. home park may be operated within the city limits, unless an operators permit shall be (b) Other information. Such other issued and in effect at all times during said I information as the enforcement. officer operation. Building permits shall be required may require. as provided under the building regulations. (C) Plans and specifications; approval by Planning (B) Applications. Commission. (1) Operator's permit. Applications for operators (1) Building and construction permit. A permits shall be in writing, signed by the complete plan, for the purpose of obtaining a applicant, and accompanied by an affidavit building and construction permit to be issued of the applicant as to the truth of the by the enforcement officer shall show: statements and facts set forth in the application and shall contain the following: (a) Tract information. The area and • dimensions of the tract of land. (a) Applicant identification.• The narhe and address of the applicant. (b) Number/location of spaces. The number, locations, and size of all (b) Interest of the applicant. The interest of manufactured home spaces. the applicant in and the location of the manufactured home park. (c) Roadways and walkways. The locations and width of roadways and walkways. CD175:3 • Fayetteville Code of Ordinances • (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. (t) Building and other improvements. Plans and specifications of all buildings and other improvements constructed or to be constructed within the manufactured home park pursuant to such application. (2) Requirement of plan approval by city and state agencies. (a) Approval. Plans and specifications for manufactured home parks must be reviewed and approved prior to starting construction and the issuance of a building permit as follows: () City Planning Commission. a State Board of Health. (b) Entire site. This applies to the entire site, grocery stores, lunch counters, food handling facilities and swimming pools. (Code 1965, §§13A-38, 13A-39, 13A-41; Ord. No. 1509, 8-8- 66; Code 1991, §§156.015, 156.018, 161.086; Ord. No. 4100, §2 (Ex. A), 6-16-98) (B) Manufactured home park street design. The official plat shall indicate all interior and adjacent exterior streets and said streets shall be subject to the following: (1) Location and width. The location and width of all streets shall be subject to the city's Master Street Plan. (2) Construction. All streets shall be curbed, guttered and constructed to meet the city's minimum street design standards. Sec. 175.04. Minimum manufactured home park design standards. (A) Minimum park area requirements. The minimum site for a manufactured home park development shall be three (3) acres. (B) Park site location; drainage. The manufactured 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 manufactured home parks shall be in areas free from marshes, swamps, or other potential breeding places for insects or rodents. (C) Minimum manufactured home lot requirements in a park. The minimum manufactured home lot shall: Sec. 175.02. Manufactured homes restricted to manufactured home parks; exceptions. (D) Manufactured homes shall be permitted in manufactured home parks but shall not be placed at any other location in the city except pursuant to the provisions of Zoning, Chapters 160 through 165. Sec.175.03. Development requirements for manufactured home parks. (A) Official plat. Prior to development of a manufactured home park (or extensively remodeling an existing manufactured 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 manufactured home park. Said. official plat of a manufactured 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. CD175:4 (1) Minimum lot area. Contain a minimum of 4,200 square feet of area. (2) Parking. Provide for a hard surfaced off the street parking area for two (2) vehicles. The hard surface shall consist of at least a double asphaltic seal coat. Manufactured home pad requirements. The manufactured home pads in a manufactured home park shall be located on the manufactured home lot and designed in such a way that: (1) Separation. Manufactured homes, including any attachment thereto, shall be separated from each other at least 20 feet (2) Exterior boundaries. Manufactured homes shall be located at least 10 feet from any exterior boundaries of the manufactured home park adjacent to private property. (3) Public street. Manufactured homes shall be located at least 25 feet from any public street. (E) Recreation area. (1) Required. Recreation areas and facilities should be provided to the extent necessary 0 TITLE XV. UNIFIED DEVELOPMENT CODE I! to meet the anticipated needs of the tenants along the common boundary line a screening wall, the park is designed to serve. In no event meeting the standards of Development, Chapter shall less than eight percent (8%) of the 166. gross park site area be devoted to recreational facilities. (I) Manufactured home parr structure regulations. (2) Maintenance. Maintenance of recreation (1) Exclusive use. Structures placed in a areas and facilities shall be the responsibility manufactured home park shall be for the of the person to whom a manufactured home exclusive use of manufactured home park park operator's permit, is issued under occupants. §175.01(A) through (E), provided, prior to the sale_of any lot within_a_manufactured..home (2) Sanitary facilities. Every park shall provide parkrthe owner shall cause to be included community sanitary facilities in a community as part of the -transfer of title to said lot, a building to be located in the park with the restrictive covenant in favor of the city and in following emergency sanitary facilities: favor of property owners within the park which shall require all owners to be (a) Toilets/sinks. For each 100 collectively responsible, under the terms of manufactured home lots, or fractional this section, for the maintenance and upkeep park thereof, there shall be one flush of the recreation area required hereunder toilet and one lavatory for each sex. after 50% or more of the total area within the manufactured home, park has been sold. (b) Emergency facilities. The building containing such emergency sanitary (F) Tenant storage facilities. Tenant storage facilities facilities shall be accessible to all shall be provided on each manufactured home manufactured homes. lot, or in compounds located within a reasonable distance, generally not more than 100 feet from (3) Structures prohibited in manufactured home each manufactured home pad. Storage facilities parks. Temporary or permanent tents or tent should be designed in a manner to enhance the like structures shall not be permitted in a appearance of the development and shall be manufactured home park and the location of constructed of suitable weather resistant such a structure is prohibited in materials appropriate under the use and manufactured home parks. maintenance contemplated. A minimum of 90 • cubic feet of tenant storage space shall be (J) Water supply/potable water. An accessible, provided for each manufactured home pad. adequate, safe, and potable water supply shall be provided for each manufactured home park, (G) Manufactured home supports and manner of capable of furnishing a minimum of 150 gallons . tiedown. per day for each manufactured home space. (1) Adequate support for manufactured home. (1) Connection. Where a public supply of water The manufactured home support shall not is available, connection shall be made heave, shift or settle unevenly under the thereto and its supply shall be used weight of the manufactured home due to I exclusively. frost action, inadequate drainage, vibration, or other forces acting on the structure. (2) Meter. Each manufactured home shall be provided with an individual water meter and (2) Anchors or tiedowns. Anchors or tiedowns, each manufactured home shall be such as cast -in place concrete dead men, individually metered. eyelets imbedded in concrete screw augers, or arrowhead anchors shall be placed at (3) Piping. All water piping shall be constructed least at each comer of the manufactured and maintained in accordance with state and home and each device shall be able to local law; the water piping system shall not sustain a minimum load of 4,800 pounds. be connected with nonpotable or Anchors or tie -down design shall be equal to questionable water supplies and shall be or better than that recommended by the protected against the hazards of backflow or Manufactured homes Manufacturers back-siphonage. Association. • (4) Drinking fountain. Where drinking fountains (H) Required screening. Whenever the external are provided for public use, they shall be of a boundaries of a manufactured home park abuts type approved by the State Board of Health property in a R or R -O district or a city street or and in locations approved by the highway, there shall be provided in such park • enforcement officer. CD175:5 SFayetteville Code of Ordinances , • (5) Construction. Individual water -service (2) Litter. Manufactured home park areas shall connections which are provided for direct be kept free of litter, rubbish, and other use by manufactured homes shall be so flammable materials. constructed that they will not be damaged by the parking of such manufactured homes. (3) Fire extinguishers. Portable fire extinguishers of a type approved by the fire (K) Electricity; exterior lighting, prevention authority shall be kept in service buildings and shall • be maintained in good (1) Outlet supply. An electrical outlet supplying operating condition. at least 115 volts shall be provided for each manufactured home space. The installation (N) Alterations and additions. shall comply with all applicable state and local electrical codes and ordinances. Such (1) Plumbing and electrical repairs. All plumbing electrical outlets shall be grounded and and electrical alterations or repairs in the weatherproof. No power supply line to the manufactured home park shall be made in manufactured home space shall be accordance with applicable local regulations. permitted to lie .on the ground or be suspended less than 10 feet above the (2) Permanent additions. No permanent ground. No power supply line in a additions shall be built onto or become a part manufactured home park shall be of any manufactured home unless they are suspended less than 15 feet over any in accordance with building permits issued driveway, by the enforcement officer and meet all setback requirements. (2) Connection. The point of the electrical connection for the manufactured home Sec. 175.05. Supervision; maintenance and repair. should be within the area of the The person to whom an operator's permit for a manufactured home pad and approximately manufactured home park is issued shall at all times 40 feet from the front of the stand, operate the park in compliance with this chapter and the regulations issued thereunder, and shall provide (3) Grounding. All exposed noncurrent -carrying adequate supervision to maintain the park, its facilities metal parts of the manufactured homes and and equipment in good repair and in dean and equipment shall be grounded by means of sanitary condition at all times. an approved grounding system. The neutral conductor shall not be used as an equipment Sec. 175.06 Existing manufactured home parks. ground for manufactured homes or other Nothing in this section shall be interpreted to apply to equipment. manufactured home parks in existence on March 20, 1972. Provided, however, that manufactured home (4) Exterior lighting. Adequate public lighting parks lawfully operating on March 20, 1972 may not shall be provided for all streets, walkways, expand operating unless the expanded portion of the buildings and other facilities subject to night manufactured home park is in compliance with these time use in all manufactured home parks. provisions. Further provided, that manufactured home parks in existence on March 20, 1972 and in (L) Fuel. All piping from outside fuel storage tanks or compliance with the provisions of §175.01. (A) cylinders to manufactured homes shall be rigid through (E), which are not in conflict with the iron pipe or AGA or UL labeled flexible tubing, provisions of this section and further subject to the permanently installed, and securely fastened in zoning, health, and fire prevention laws, ordinances, place, in such a manner as to exclude the and regulations of the city and the state. possibility of damage by physical contact. All fuel storage tanks or cylinders shall be securely Sec. 175.07 Authority of health I enforcement fastened in place and shall not be located inside officer. or beneath the manufactured home exit, and shall be located and secured in such a manner (A) Safeguard health and safety. The health officer as to not be susceptible to damage by physical is hereby authorized and directed to determine contact. the condition of manufactured home parks located within the city, in order that he may (M) Fire protection. perform his duty of safeguarding the health and safety of occupants of manufactured home parks (1) Fire regulations. The manufactured home and the general public. park area shall be subject to the rules and regulations of the fire prevention authority of (B) Right of entry. The health officer shall have the the city power to enter at reasonable times upon any CD175:6 •TITLE XV. UNIFIED DEVELOPMENT CODE• manufactured home park for the purpose of . inspecting and investigating coniiitions relating to (E) Utilities connection. It shall be the duty of the the enforcement of this chapter or of regulations park operator to see that all utility connections promulgated thereunder, are installed in accordance with the Code of Fayetteville. (C) Inspect register. The health officer and/or enforcement officer shall have the power to (F) Granting access rights for purposes of repairs or inspect the register containing a record of all alterations. It shall be the duty of every occupant manufactured homes and occupants using the of a manufactured home park to give the owner manufactured home park. thereof or his agent or employee access rights to any part of such manufactured home park or its (D)_Authorityy, , of enforcement officer. The premises at reasonable.bmes for the purpose of enforcement officer is hereby authorized to making -such—repairs-or--alterations as. are promulgate--written—regulations---as may be necessary to effect compliance -with this -chapter, necessary for the proper enforcement of the or with any lawful order issued pursuant to the provisions of Chapter 175. Such regulations provisions of this chapter. shall be submitted to the City Council shall have the same force and effect as the provisions of (Code 1965, §§138-1-138-5, 1313.5, 136138-9, 138.54 - Chapter 175. . ___. —. -13B-57; Ord. 1859, 3-20-72; Ord. No. 2319, 4-5.77; Code 1991, §§156.066-156.069; §§156.71-156.74; §§ 156.90— (E) Report of violations to enforcement officer. The 156.94; Ord. No. 4100, §2, (Ex A), 6-16-98) health officer shall report any violations of this Cross reference(s)-Appeals, Ch. 155; Enforcement, chapter to the enforcement officer, who shall ch. 163. immediately take or institute appropriate action to correct said violation and enforce the provisions Sect 175.09.-175.99. Reserved. hereof. Sec. 175.08 Duty of owners or occupants. It shall be the —duty —of --he owners -or` -occupants of — --- manufactured home parks, and manufactured 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. (A) Grounding connection. It shall be the duty of the manufactured home park operator to see that every occupant of a manufactured home makes the grounding connection to his manufactured home. (B) Manufactured home skirting. It shall be the duty of the park operator to see that every occupant to a manufactured home install fire resistant manufactured home skirting acceptable to the enforcement officer around his manufactured home within 60 days after the locating of the manufactured home in the pad. (C) Anchoring cable. It shall be the duty of the manufactured home park operator to furnish suitable anchoring cables or devices acceptable to the enforcement officer for every manufactured home located in his manufactured home park. It shall be the responsibility of the park operator to supervise the proper placement and use of these anchoring devices. (D) Anchor device. It shall be the duty of every occupant of a manufactured home park to secure • the manufactured home by attaching the anchoring devices. CD175:7 Fayetteville Code of Ordinances • 0 I 'IT- • 1 J CD1 75:8 FAYETTEYLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Dawn Warrick Planning Division From: Clarice Buffalohead-Pearman City Clerk's Division Date: June 11, 2003 Re: Ordinance 4489 Attached hereto is a copy of the above ordinance passed by the City Council, June 3, 2003, repealing Title XV,_Unified Development Ordinance—and.,_replacing it_with Title XV,_Unified Development Code. The original ordinance will be microfilmed, filed in the city clerk's office and published in a newspaper of general circulation per Arkansas statutes. Please remember that the city clerk's office is required by state statutes to have three copies in the office for public access. Therefore, please see that the city clerk receives three copies of the UDC (not marked with draft) as soon as possible and one copy to be marked Exhibit A to file with the ordinance. If anything else is needed please let the city clerk's office know /cbp Attachment(s) cc: Nancy Smith, Internal Auditor John Goddard, IT Scott Caldwell, IT Clyde Randall, IT Ed Connell, Engineering STAFFlEVIEW FORM - NON -FINANCIAL *LIGATION / x AGENDA REQUEST ��FT on For the Fayetteville City Council Meeting of: May 6, 2003 oadirIJC 540103 FROM: AA 14 Dawn Warrick Planning CP&E Name Division Department ACTION REQUIRED: Ordinance Approval 3 SUMMARY EXPLANATION: 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. STAFF RECOMMENDATION: Approval Div sion Head a 0-) f • c4i 21IQ3 City Attor ey Date Department Director Date 21-03 Fm ce & Internal Services Dir. Date Received in Mayor's Office -/0 3 Date Cross Reference: Previous Ord/Res#: Orig. Contract Date: Orig. Contract Number: Date New Item: Date Yes No ORDINANCE NO. 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. PASSED and APPROVED this 6th day of May, 2003. APPROVED: 4 By: ®� DAN COODY, Mayor ATTEST: By: Sondra Smith, City Clerk FAYET'ItVILLE � THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (501) 575-8267 PLANNING DIVISION CORRESPONDENCE TO: Mayor Dan Coody Fayetteville City Council FROM: Dawn Warrick, AICP, Zoning & Development Administrator THRU: Tim Conklin, AICP, Director of Community, Planning & Engineering Svcs. DATE: April 18, 2003 ADM 03-6.00: Administrative Item (UDO) was submitted by the Planning Division of the City of Fayetteville for adoption of the codification of the Unified Development Ordinance, Title 15 of the City of Fayetteville Code of Ordinances with proposed amendments. H 1111►111 The current draft of Title 15, Unified Development Ordinance of the Code of the City of Fayetteville was adopted on June 16, 1998 by Ordinance No. 4100. Since that time, many ordinances have been adopted which revise the content of the UDO, including new zoning districts, revised Tree Preservation and Protection ordinance, and development impact fees. The entire City Code is currently in the codification process. In order to provide accurate information to the citizens of Fayetteville, the Planning Division has completed the codification of Title 15 and is bringing it forward to the Planning Commission for approval. Title 15, the Unified Development Ordinance, includes 25 chapters: Chapter 150 through Chapter 175. CURRENT STATUS On March 24, 2003, the Planning Commission voted 9-0-0 to forward this item to the City Council with a recommendation for approval. RECOMMENDATION Staff recommends approval of the codified UDO, Title 15 of the City of Fayetteville Code of Ordinances. K:IReports120031CC REPORTSIMay mee11ngsL5-6-03 adm03-6_udo_s memo.doc FAYET'�VILLE 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, AICP, 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 CD157:1 3. Remove and replace page CD157:7 4. Remove and replace Chapter 159. Fees 5. Remove and replace page CD162:5 6. Remove and replace page CD163:9 7. Remove and replace Chapter 173. Building Regulations AUCIR.OFIL AFFIDAVIT OF PUBLICATION I, do solemnly swear that I am Leg Clerk of the Arkansas Democrat -Gazette newspaper, printed and published in Lowell, Arkansas, and that from my own personal knowledge and reference to the files of said publication, the advertisement of: enj, nPi was inserted in the regular editions on ** Publication Charge: $ (3 . gq Subscribed and sworn to before me this J day of _- , , 2003. Notary Publ My Commission Expires: Official Seal TAMMY ALLEN Please do not pay fr Affi�ry Public -Arkansas INGTON COUNTY An invoice will be se . My Commission Expires 11-05-2011 a copies of the. proposed Udo dope eat Gode,nfle X9 of the cc a,ename am toed In the office city alert. and aeallablejor I lfo to bupeat and vise. soodh sadM, Guy o RECEIVED PhAY 19 2003 CIVY OF FAYbIJEVI IF CITY CLERICS'0FFI E 212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEV1I (F, ARKANSAS 72702 • (501)442-1700 AFFID VIT OF PUBLICATION I, , do solemnly swear that I am Lea I Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas Times newspaper, printed and published in Lowell, Arkansas, and that from my own personal knowledge and reference to the files of said publication, that advertisement of: 4449 was inserted in the regular editions on Po# / ** Publication Charge: $ /Vd� Subscribed and sworn tQ before me this day of , 2003. ry Public My Commission Expires: 5_ I_ ui ** Please do not pay from Affidavit. RECFINIF0 An invoice will be sent. JUN . 0 2003 CIiYU. CITY CLERK'S OFFIC'= OFFICIAL S7SUTrON SHERI DENISE NOTARY PUBLIC . WASHINGTON COMMISSION EXP 212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVII I F, ARKANSAS 72702 • (501) 442-1700 iv 6 • ORDINANCE NO. 4489 )RDINANCE REPEALING TITLE XV, UNIFIED JPMENT ORDINANCE (ORIGINALLY ADOPTED BY iNCE 4100. JUNE 16, 1938) OF THE CODE OF EMLLE AND ADOPTING AND ENACTING AN • TED TRLE XV UNIFIED DEVELOPMENT CODE, AS.A.C.A. §14-55-207 authorpos cities. to adopt by CItI of Fayetteville atehncal codes and regulatbns wltt ut setting fern the provre aoof the cope or parts sopoaed United Develop Code. The XV of the Code of Fayette.. *e so and have been available for the public to Inspect and New prior to pas I by pubMratbn In a newspaper of general Osc uation within FayotteNfie se a Lk fed Development Code are available and open to public bspectlon in tthe the Passage of this ordinance: and wntntA5, most of the current Unified Development Ordinanbe nariremelre unchanged with the racoon catbn of the Unified Deend th velopment Code e ae^ges end pmtso the arrant UMlee De eloprnent Ordinance ecorpaeted vilthb the proposed Unified Deeelopeent Code have been PtCHCty discussed and Ordinance RSew Commitle� approved by the Fayettevifie Pleavrg COMMesbn and the CityCpntl 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 FayottgNAe, Arkansas hereby repeals and deletes Title 15, United Development Ordinance Of the Coda of Fayottevllo initlay adopted an June 18..1998 and ref aces It by erecting Ord adopting Title Xv, Unified Development Code of the Code of Fayetteville attached hereto as Ethiblt A and made a part hereof by reference. �I Section 2. That the City Cound of the City of FayetteNle, AM1rnsas hereby declares that E#tibil A, the United Development Coda shell be codified as shown in Exhibit 'A'. Section 3. That the City Cane of the City of Fayetteville, Arkansas hereby reaffirms that any and all dsocta rights, du, borditbre, ObligaWns end anafements aoady approvedOy PlaWng Staff or or the hca Comg Pursuant e misson and now exs&to the temof the United Development adopted h 1998 (WM a arrant amendments) email remain road anal bindhg pursuant to Il ee term and Cprlflpiore. PASSED and APPROVED this the 3rd day of Jue, 2003. APPROVED: 3y )AN COODY. Mayor iTTEST.. 3y: icrdre Smith, City Clerk xNblt A may be viewed in the City Oerk DMsicn Cary Admmtratbn a Apntaln Bnddvg, Room 309, 113 West 0 fl 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.