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Ordinance 4930
ORDINANCE NO. 4930 AN ORDINANCE AMENDING TITLE XV: UNIFIED DEVELOPMENT ORDINANCE OF THE CODE OF FAYETTEVILLE TO AMEND VARIOUS SECTIONS OF THE CODE IN ORDER TO IMPLEMENT THE DOWNTOWN MASTER PLAN ZONING CODE AND ZONING MAP. WHEREAS, the City of Fayetteville recognizes the unique and significant role that the downtown area plays in the vitality of the City and the region; and, WHEREAS, the City of Fayetteville hired Dover-Kohl and Partners to develop a plan with extensive public input; and WHEREAS, the City of Fayetteville has determined that development in the downtown area should be compatible with the traditional town form; and WHEREAS, developments that are compatible with the surrounding area and harmonious with the character of the neighborhood and have a positive effect upon the future development of the area; and WHEREAS, the Downtown Master Plan has been developed through an extensive process involving the public, elected and appointed officials, and staff; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That Chapter 151 : Definitions is amended by inserting new definitions into § 151 .01 Definitions, a copy of which marked Exhibit "A" is attached hereto and made a part hereof. Section 2. That Chapter 156: Variances is amended by inserting Downtown Zoning Districts in § 156.02 Zoning Districts, a copy of which marked Exhibit `B" is attached hereto and made a part hereof. Section 3 . That Chapter 160 : Zoning Districts is amended by inserting Downtown Zoning Districts in Section § 160.01 Establishment of Districts, a copy of which is marked Exhibit "C" is attached hereto and made a part hereof, t d ♦ ' Section 4. That Chapter 161 : Zoning Regulations is re-adopted in its entirety, a copy of which is marked Exhibit "D" is attached hereto and made a part hereof. Section 5. That Chapter 162 : Use Units is amended by moving use units in § 162 .01 , a copy of which is marked Exhibit "E" is attached hereto and made a part hereof. Section 6. That Chapter 164: Supplementary District Regulations is amended by inserting Designated Preservation Structures in § 164. 12, a copy of which is marked Exhibit "F" is attached hereto and made a part hereof. Section 7. That Chapter 166: Development is amended by inserting Downtown Zoning Districts in § 166. 14 Commercial Design and Development Standards, a copy of which is marked Exhibit "G" is attached hereto and made a part hereof. Section 8. That Chapter 167: Tree Preservation and Protection is amended by inserting Downtown Zoning Districts in § 167.04 Tree Preservation and Protection During Development, a copy of which is marked Exhibit "H" is attached hereto and made a part hereof. Section 9. That Chapter 172 : Parking and Loading is amended by inserting Downtown Zoning Districts in § 172.05 Standards for the Number of Spaces by Use, a copy of which is marked Exhibit "I" is attached hereto and made a part hereof. Section 10. That Chapter 174: Signs is amended by inserting Downtown Zoning Districts in § 174. 10 On Site Free Standing Signs, a copy of which is marked Exhibit "J" is attached hereto and made a part hereof. Section 11 . That the official Zoning Map of the City of Fayetteville is amended to rezone those properties identified in the Downtown Master Plan Zoning Districts, a copy of which is marked Exhibit "K" is attached hereto and made a part hereof. PASSED and APPROVED this the 3rd day of October, 2006. ; fAYETTEVILLE • APPROVE ATTEST: :�9J,•9RkFl NSP:`'Jam'�, By: By: I rVWw I)Arq-66robirNayor SONDRA SMITH, City Clerk EXHIBIT "A" Language to be added is in bold, to be inserted in Chapter 151 Definitions: § 151.01 Definitions. ( 1 ) Block: A combination of building lots, the perimeter of which abuts streets. (2) Build-to line: A build-to line identifies the precise horizontal distance from a street right-of-way that the building shall be built to, in order to create a uniform line of buildings along the street. (3) Build-to Zone: A build-to zone is a range of allowable distances from a street right-of-way that the building shall be built to in order to create a moderately uniform line of buildings along the street. (4) Building frontage: The vertical side of a building which faces the primary space or street and is built to the Build-to line. (5) Building Height: Building height shall be measured vertically from the existing natural grade to any part of the structure, excluding spires, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof and not intended for human occupancy. To verify whether the height of a proposed structure is below the maximum height allowed, project a parallel plane above the existing natural grade and across the entire parcel. If the structure is below the upper line, then the height limitation has been satisfied. a� a _ ON g Heigh Pla te Preserve lapayaphy dd PmJnitd ibne AMWR (6) Civic Building: Structure used primarily for public education, cultural performances, gatherings and displays administered by non-profit cultural, educational, governmental, and religious organizations. (7) Curb Radius: The curved edge of street paving at an intersection, measured at the inside travel edge of the travel lane. (8) Dwelling, live/work: A dwelling unit within which an at-home business is encouraged. Businesses are limited to a maximum of two employees that do not dwell in the principal or accessory dwelling unit. (9) Dwelling, rowhouse: An attached single-family dwelling unit located on land owned by the unit owner and situated in a row of two (2) or more similar horizontally attached dwelling units, each unit having its own separate water, sanitary sewer, ventilation and heating system, inclusive of separate utility service lines and meters, and which is separated from attached adjacent dwelling units by a fire-resistant common wall. (10) Frontage Line: The property line or lines of a lot which coincide with a right-of-way or other public open space. ( 11 ) Habitable Space: Building space whose use involves human presence. Habitable space excludes parking garages, self-service storage facilities, warehouses, and display windows separated from retail activity. ( 12) Liner Building: A building built in front of a parking garage, cinema, supermarket etc., to conceal large expanses of blank wall area and to face the street space with a facade that has doors and windows. (13) Marquee: A permanently roofed architectural projection the sides of which are vertical and are intended for the display of signs and which is supported entirely from an exterior wall of a building. (14) Parapet: A low guarding wall at the edge of a roof, terrace, or balcony. (15) Principal Fagade (For purposes of placing buildings along build-to lines or build-to zones): The front plane of a building not including stoops, porches, or other attached architectural features. (16) Rear Access Lane: A publicly or privately owned secondary way that affords access to the side or rear of abutting property. ( 17) Storefront: The portion of a building at the first story of a retail frontage that is made available for retail use. EXHIBIT `B" s . To be inserted in Chapter 156 Variances: § 156.02 Zoning Regulations (13)(3)(a) Number of spaces. The Planning Commission shall have the authority to vary the number of off-street parking spaces required in the Downtown Core, Main Street Center and Downtown General Districts. (13)(3)(c) Conditions. All waivers shall meet the conditions listed below: (i) Downtown Core, Main Street Center, and Downtown General Districts. Conditions for waivers in Downtown Core, Main Street Center, and Downtown General Districts: (13)(5) Building height variance in all zoning districts. (a) The Planning Commission shall have the authority to grant a variance to allow a proposed structure to exceed building height limits in all Zoning Districts in those instances where, owing to special conditions and circumstances, literal enforcement of the building height restrictions would result in unnecessary hardship or the applicant can show that the additional height requested will not adversely affect adjoining or neighboring property owners. EXHIBIT "C" To be inserted in Chapter 160 Zoning Districts § 160.01 Establishment of Districts The following zoning districts are hereby established: ZONING DISTRICTS R-A Residential - Agricultural 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 RSF-8 Residential Single-family — Eight Units per Acre RT-12 Residential Two and Three-family RMF-6 Residential Multi-family — Six Units per Acre RMF-12 Residential Multi-family — Twelve Units perAcre - RMF-18 - Residential Multi-family — Eighteen Units per Acre RMF-24 Residential Multi-family — Twenty-Four Units per Acre RMF-40 Residential Multi-fami — Forty Units per Acre R-O Residential-Office C-1 Neighborhood Commercial C-2 Thoroughfare Commercial C-3 Central Business Commercial DC Downtown Core MSC Main Street Center DG Downtown General NC Neighborhood Conservation 1-1 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 EXHIBIT "D" This chapter is being re-adopted in its entirety. TITLE XV UNIFIED DEVELOPMENT CODE CHAPTER 161 : ZONING REGULATIONS CHAPTER 161 : ZONING REGULATIONS § 161.01 Application of District Regulations Minimum regulations/exceptions. The regulations set by this chapter within each district shall be minimum regulations and shall apply uniformly for each class or kind of structure or land, except as hereinafter provided: (A) General. No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformity with all the regulations herein specified for the district in which it was located. (B) Limitations. No building or other structure shall hereafter be erected or altered: ( 1 ) Height/bulk. To exceed the height or bulk; (2) Number of units. To accommodate or house a greater number of units; (3) Lot area. To occupy a greater percentage of lot area; (4) Setbacklopen spaces. To have narrower or smaller rear setbacks, front setbacks, side setbacks, or other open spaces than herein required; or (5) Other. In any other manner contrary to the provisions of this chapter. (C) Independent compliance. No part of a setback, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter shall be included as part of a setback, open space, or off-street parking or loading space similarly required for any other building. f (D) Effective date. No setback or lot existing on June 29, 1970, shall be reduced in dimension or area 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. ( 1 ) Front. Measured from the street right-of-way, or street right-of-way setback as required by the Master Street Plan. (2) Side. Measured from the side property line. (3) Rear. Measured from the rear property line. (4) Corner. A comer lot has two fronts and two sides. (G) Conditional Uses. These uses are permissible if approved by the Planning Commission. See Chapter 163, Use Conditions. (Code 1965, App. A., Art. 3; Ord. No. 1747, 6-29-70; Code 1991 , § 160.016; Ord. No. 4100, §2 (Es. A), 6-16-98) § 161.02 Certificate Of Zoning Compliance (A) Required It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered, or enlarged in its use or structure until a certificate of zoning compliance shall have been issued therefore by the Zoning and Development Administrator stating that the proposed use of the building or land conforms to the requirements of this chapter. (B) Nonconforming use/structure. No non-conforming structure or use shall be renewed, changed, or extended until a certificate of zoning compliance shall have been issued by the Zoning and Development Administrator. The certificate of zoning compliance shall state specifically wherein the nonconforming use differs from the provisions of this chapter. The Zoning and Development Administrator shall maintain a record of all certificates of zoning compliance, and a copy shall be furnished upon request to any person. (C) 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 (Es. A), 6-16-98) Cross refercnec(s)--Enforcement, Ch. 153. § 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 right Unit 3 Public protection and utility facilities Unit Agriculture Unit 7 Animal husbandry Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 37 Manufactured homes • - (2) Conditional uses. Unit 2 Cit -wide uses by conditional use permit Unit 4 Cultural and recreational facilities Unit 20 1 Commercial recreation, large sites Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. Units per acre One-half (D) Bulk and area regulations. Lot width minimum 200 ft. Lot Area Minimum: Residential: 2 acres Nonresidential: 2 acres Lot area pr d...01ing unit 2 acres E) Setback requirements. 11 Front Side Rear 11 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(I); 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) § 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. 1 (B) Uses. ( 1 ) Permitted uses. Unit 1 Ci -wide uses by right _ 11 Unit 8 1 Sin le-famil 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 24 Home occupations Unit 36 Wireless communications facilities (C) Density. 11 Units per acre One-halfa roximatel )_ (D) Bulk and area regulations. Lot width minimum 200 ft. Lot area minimum 1 71 ,438 S . Ft. Land area per dwelfln2 unit71 , 438 S q. Fl. (E) Setback requirements. Front Side Rear 35 ft. 1 20 ft. 35 ft. (F) Height. Structures in this District are limited to a building height of 45 feet. The height of a proposed structure may only be increased above 45 feet by obtaining a variance after hearing by the Planning Commission. Existing structures that exceed 45 feet in height shall be grandfathered in, and not considered nonconforming uses. (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; Ord. 4858, 4-18-06) § 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. (C) Permitted uses. Unit 1 Ci -wide uses by right Unit 8 ly dwellings Ell (E) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public rotection and utilityfacilities Unit 4 Cultural and recreational facilities Unit 24 Home occupations Unit 36 Wireless communications facilities (E) Density. Units eeracre 1 (F) Bulk and area regulations. Lot width minimum 150 ft. Lot area minimum 35,720 Sq. Ft. Land area per dwelling unit 35,720 Sq. Ft. (G) Setback requirements. Front 1 Side Rear 11 35 ft. 1 20 ft. 35 ft. (H) Height. Structures in this District are limited to a building height of 45 feet. The height of a proposed structure may only be increased above 45 feet by obtaining a variance after hearing by the Planning Commission. Existing structures that exceed 45 feet in height shall be grandfathered in, and not considered nonconforming uses. (1) Building area. None. (Code 1965, §160.44; Ord. No. 3792, §4, 5-17-94; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. 4858, 4-18-06) v y v . § 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 (8,000 sq. ft.), and to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (C) Permitted uses. illUnit 1 Ci -wide uses b right Unita Sin le-famil dwellings - (D) 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 (E) Density. Units per acre 2 (F) Bulk and area regulations. Lot width minimum 100 ft. Lot area minimum 17,860 Sq. Ft. Land area per dwelling unit 17,860 Sq. Ft. (G) Setback requirements. Front Side Rear 30 ft. 15 ft. 1 30 ft. (H) Height. Structures in this District are limited to a building height of 45 feet. The height of a proposed structure may only be increased above 45 feet by obtaining a variance after hearing by the Planning Commission. Existing structures that exceed 45 feet in height shall be grandfathered in, and not considered nonconforming uses. (1) 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; Ord. 4858. 4-18-06) § 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 ) Permilted uses. Unit 1 Cit -wide uses by right Unit 8 Sin le-famil dwellin (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 Two-family dwellin s dwellin s 11 Units per acre 1 4 or less 7 or less (D) Bulk and area regulations. Single-family Two-family dwellings dwellings Lot minimum width 70 ft. 80 ft. Lot area minimum 8,000 sq. ft. 12,000 sq.-ft. Land area per 8,000 sq. ft. 6,000 sq. ft. dwelling unit Hillside Overlay 60 ft. 70 ft. District Lot minimum width Hillside Overlay 8,000 sq. ft. 12,000 sq.-ft. District Lot area minimum Land area per 8,000 sq. ft. 6,000 sq. ft. dwelling unit (E) Setback requirements. FRONT I SIDE REAR 25 ft. 1 8 ft. 20 ft. HOD Front I HOD Side I HOD Rear 15 ft. 1 5 ft. 1 15 ft. - (F) Height. Structures in this District are limited to a building height of 45 feet. The height of a proposed structure may only be increased above 45 feet by obtaining a variance after hearing by the Planning Commission. Existing structures that exceed '45 feet in height shall ,,- be grandfathered in, and not considered nonconforming uses. (G) 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; Ord. 4858, 4-18-06) § 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 tight 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. (E) Lot width minimwn. Single-family 60 ft. Two-family 60 ft. Townhouse, no more than two attached 30 ft. (F) Lot area minimum. Single-family 6,000 sq. ft. Two-family 6,000 sq. ft. Townhouse, no more than two attached 3,000 sq. ft. (G) Land area per dwelling unit. Single-family 6,000 sq. ft. Two-family 3,000 sq. ft. Townhouse, no more than two attached 3,000 sq. ft. (H) Setback requirements. Front Side Rear 25 ft. 8Th 20 ft. (I) Height. Structures in this District are limited to a building height of 45 feet. The height of a proposed structure may only be increased above 45 feet by obtaining a variance after hearing by the Planning Commission. Existing structures that exceed 45 feet in height shall be grandfathered in, and not considered nonconforming uses. (J) 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; Ord. 4858, 4-18-06) Cross reference(s)--Variance, Ch. 156. § 161.09 District RSF-8, Residential Single -Family —8 Units Per Acre (A) Purpose. The RSF-8 Residential District is designed to bring historic platted development into conformity and to allow for the development of new single family residential areas with similar lot size, density, and land use as the historical neighborhoods in the downtown area. (B) Uses. (1) Permitted uses. Unit t City-wide uses by right Unit 8 Sin to-famil dwellin s (2) Conditional uses. Unit 2 City-wide uses b conditional use ermit Unit 3 Public rotection and utilit facilities Unit 4 Cultural and recreational facilities Unit 9 Two-family dwellings Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. B Ri ht Conditional Use Single-family dwelling units er acre 8 or less - Two-family dwelling units per acre -- 8 (D) Bulk and area regulations. (1) Lot width minimum. Single-family 50 ft. Two-family 50 ft. Townhouse, no more than two attached 25 ft. (2) Lot area minimum. Single-family 5,000 sq. ft. Two-family 5,000 sq. ft. 4 Single-family 5,000 sq. ft. Two-family 5,000 sq. ft. Townhouse, no more than two attached 2,500 sq. ft. (3) Land area per dwelling unit. (E) Setback requirements. (F) Height regulations. Building height maximum I45 ft.II (G) Building area. The area occupied by all buildings shall not exceed 50% of the total lot area, except when a detached garage exists or is proposed; then the area occupied by all buildings shall not exceed 60% of the total lot area. (Ord. 4783,10-18-05) §-161.10 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. (B) Uses. • P i 4 (1) Permitted uses. (2) Conditional uses. (C) Density. Units per acre I 12 or less (D) Bulk and area regulations. Front Side Rear 15 ft. 5ft. 5ft. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings 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 Single-family 5,000 sq. ft. Two-family 5,000 sq. ft. Townhouse, no more than two attached 2,500 sq. ft. (3) Land area per dwelling unit. (E) Setback requirements. (F) Height regulations. Building height maximum I 45 ft. (G) Building area. The area occupied by all buildings shall not exceed 50% of the total lot area, except when a detached garage exists or is proposed; then the area occupied by all buildings shall not exceed 60% of the total lot area. (Ord. 4783,10-18-05) § 161.10 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. (B) Uses. (1) Permitted uses. I. (2) Conditional uses. (C) Density. Units per acre I 12 or less (D) Bulk and area regulations. Front Side Rear 1511. 51t. 5 ft. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings 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 Single-family Two-family Three-family Lot width minimum 60 ft. 70 ft. 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. ft. 3,630 sq. ft. (E) Setback requirements. Front Side Rear 25 ft. 8ft. 20 ft. (F) Height regulations. Building height maximum I 30 ft. (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 relerence(s)--Variance, Ch. 156. §161.11 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 Mufti-famit 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 per acre I 4 to 6 (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 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. ft. Single-family 6,000 sq. ft. Two-family 7,000 sq. ft. Three or more 9,000 sq. ft. Fraternity or Sorority 2 acres Professional offices 1 acre (3) Land area per dwelling unit. Manufactured home 3,000 sq. ft. Apartments: No bedrooms 1,700 sq. ft. One bedroom 1,700 sq. ft. Two or more 2,000 sq. ft. bedrooms Fraternity or Sorority 1,000 sq. ft. per resident (E) Setback requirements. Front Side Rear 25Th 8 ft. 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) § 161.12 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 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 26 Multi -family dwellings 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 (2) Conditional uses. (C) Density. Units per acre 4 to 12 II (D) Bulk and area regulations. (1) Lot width minimum. (2) Lot area minimum. (3) Land area per dwelling unit. (E) Setback requirements. 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. Manufactured home park 100 ft. Lot within a manufactured home park 50 ft. Single family 60 ft. Two-family 60 ft. Three and more 90 ft. Professional offices 100 ft. Manufactured home park 3 acres Lot within a manufactured home park 4,200 sq. ft. Townhouse: •Development •Individual lot 10,000 sq. 2,500 sq. ft. ft. Single-family 6,000 sq. ft. Two-family 7,000 sq. ft. Three or more 9,000 sq. ft. Fraternity or Sorority 2 acres Professional offices 1 acre Manufactured home 3,000 sq. ft. Apartments: No bedrooms 1,700 sq. ft. One bedroom 1,700 sq. ft. Two or more 2,000 sq. ft. bedrooms Fraternity or Sorority 1,000 sq. ft. per resident Front Side Rear 25ft. 8ft. 25ft. (G) Building area. None. (Ord. No. 4325, 7-3-01) § 161.13 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 multi -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 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. Units per acre I 4 to 18 (D) Bulk and area regulations. (1) Lot width minimum. Manufactured home parl 100 ft. Lot within a manufactured home park 50 ft. 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. ft. Single-family 6,000 sq. ft. Two-family 7,000 sq. ft. Three or more 9,000 sq. ft. Fraternity or Sorority 2 acres Professional offices I acre 4 (3) Land area per dwelling unit. ; . Manufactured Home 3000 sq. ft. Apartments: No bedrooms 1,700 sq. ft. One bedroom 1,700 sq. ft. Two or more 2,000 sq. ft. bedrooms 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) § 161.14 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 right Unit 8 Single-familySingle-farnity 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. 1 Units per acre I 4 to 24 II (D) Bulk and area regulations. (1) Lot width minimum. Manufactured home park 10011, 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 mobile 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 7,000 sq. ft. Three or more 9,000 sq. 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 •One bedroom •Two bedroom 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. HOD Family Single Front HOD Family Single Side HOD Family Single Rear 15 ft. 8ft. 15 ft. HOD Front Two Family HOD Side Two Family HOD Rear Two Family 15 ft. 8ft. 15 ft. HOD Front Multi Family HOD Side Multi Family HOD Rear Multi Family 15 ft. 8ft. 15 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(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) § 161.15 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. (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 -family dwellings F (2) Conditional uses. (C) Density. Units per acre 16 to 40 ii (D) Bulk and area regulations. (1) Lot width minimum. (2) Lot area minimum. (3) Land area per dwelling unit. (E) Setback requirements. Cross reference(s)--Variance, Ch. 156. a 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 occupation Unit 25 Professional offices Unit 36 Wireless communications facilities 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. 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 8,000sq. ft. Fraternity or Sorority 1 acre Manufactured home 3,000 sq. ft. Townhouses & apartments No bedroom 1,000 sq. ft One bedroom 1,000 sq. ft. Two or more 1,200 sq. ft. bedrooms Fraternity or Sorority 500 sq. ft. per resident Front Side Rear 25 ft. 8 ft. 20 ft. (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(IV); 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) § 161.16 District R -O, Residential Office (A) Purpose. The Residential -Office District is designed primarily to provide area for offices without limitation to the nature or size of the office, together with community facilities, restaurants and compatible residential uses. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings 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 11 Manufactured home park 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) I' t (I) 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. (2) Lot area minimum. Manufactured home park 3 acres Lot within a manufactured home 4,200 sq. ft. park Townhouses: Development 10,000 sq. ft. Individual lot 2,500 sq. ft. Single-family 6,000 sq. ft. Two-family 6,500 sq. ft. Three or more 8,000 sq. It. Fraternity or Sorority 1 acre (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. ft. Two or more 1,200 sq. ft. bedrooms Fraternity or Sorority 500 sq. ft. per resident (D) Density. Units per acre I 4 to 24 II (E) Setback regulations. Front 30 ft. Front, 8 parking is allowed between the right- of -way and the building 50 ft. Front, in the Hillside Overlay District 15 ft. Side 10 ft. Side, when contiguous to a residential district 15 ft. Side, in the Hillside Overlay District 8 ft Rear, without easement or alley - 25 ft. Rear, from center line of public alley 10 ft. Rear, in the Hillside Overlay District 15 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; Ord. 4726, 7-19-05) § 161.17 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. (I) Permitted uses. Unit 1 City-wide uses by right Unit 12 Offices, studios and related services Unit 13 Eating laces Unit 15 Neighborhood shopping Unit 18 Gasoline service restaurants stations. and drive-in Unit 25 Professional offices (2) Conditional uses. Front 50 ft. Side None Side, when contiguous to a residential district 10 ft. Rear 20 ft. 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. (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., Arl, 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) § 161.18 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. (2) Conditional uses. r 1 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 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 25 Professional offices Unit 33 Adult live entertainment club or bar Unit 34 Liquor store Unit 2 City-wide uses by conditional use permitS 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 Soft. 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. (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(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, §3,4,4-15-97; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. 4727, 7-19- 05) § 161.19 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 16 Gasoline service stations & drive-in restaurants Unit 19 Commercial recreation, small sites Unit 25 Professional offices 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 6 i. (C) Density. None. (D) Bulk and area regulations. None (E) Setback regulations. Central Business Shopping District Center Front 5 ft. 25 11. Front, if parking is allowed between the right-of-way and the building 50 ft. 50 ft. Side None None Side, when contiguous to a residential district 109. 25 ft. Rear, without easement or alley 15 ft. 25 ft. Rear, from center line of a public alley 10 ft. 10 ft. (F) Height regulations. Maximum height is six stories or 84feet whichever is less. Above four stories, there shall be a stepback of the building's principal fa�ade of at least fifteen feet. The height shall be measured from the mean elevation of the finished grade or sidewalk at the frontage line, whichever is higher, to the cave of the roof or cornice for a building with a parapet. Buildings already in existence or for which a Large Scale Development or Planned Zoning District has been fully approved prior to the date of passage of this ordinance shall be grandfathered in and not be considered as nonconforming structures as a result of the passage of this ordinance. (Code 1965, App. A., Art. 5(VII); Ord. No. 2351, 6-21-77; 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; Ord. 4727, 7-19-05: 4863, 5-02-06) § 161.20 Downtown Core (A) Purpose. Development is most intense, and land use is densest in this zone. The downtown core 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. For the purposes of Chapter 96: Noise Control, the Downtown Core district is a commercial zone. (B) Uses. (I) Permitted uses. Unit I City-wide uses by right 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 oods Unit 16 Shopping oods Unit 17 Trades and Services Unit 19 Commercial recreation, small sites Unit 25 Professional offices Unit 26 Multi -family dwellings Unit 34 Liquor stores Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 24 Home occupations Unit 29 Dance Halls Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities (C) Density. None. (D) Bulk and area regulations. None. (E) Setback regulations. Front The principal facade of a building shall be built within a build -to zone that is located between the front property line and a line 25 ft. from the front property line. Side, facing street The principal facade of a building shall be built within a build -to zone that is located between the front property line and a line 25 ft. from the front property line. Side, internal None Rear, without 5 ft. easement or alley Rear, from center line 12 ft. of an easement or alley (F) Minimum buildable street frontage. 80% of lot width. (G) Height regulations. Maximum height is 12 stories or 168 feet which ever is less. (H) Parking regulations. No parking lots are allowed to be located in the front or side build -to -zone facing a public right of way. § 161.21 Main Street / Center (A) Purpose. A greater range of uses is expected and encouraged in the Main Street / Center. The Center is more spatially compact and is more likely to have some attached buildings than Downtown General or Neighborhood Conservation. Multi -story buildings in the Center are well -suited to accommodate a mix of uses, such as apartments or offices above shops. Lofts, live/work units, and buildings designed for changing uses over time are appropriate for the Main Street / Center. The Center is within walking distance of the surrounding, primarily residential areas. For the purposes of Chapter 96: Noise Control, the Main Street Center district is a commercial zone. (B) Uses. (1) Permitted uses. Unit I City-wide uses by right 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 oods Unit 16 Shopping oods Unit 17 Trades and services Unit 19 Commercial recreation, small sites Unit 25 Professional offices Unit 26 Multi -family dwellings Unit 34 Liquor stores Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 18 Gasoline services stations and drive in restaurants Unit 24 Home occupations - Unit 28 Center for collecting recyclable materials Unit 29 Dance halls Unit 35 Outdoor music establishments - Unit 36 Wireless communication facilities (C) Density. None. (D) Bulk and area regulations. (1) Lot width minimum. Dwelling (all unit es) 18 ft. (2) Lot area minimum. None. (E) Setback regulations. Front The principal facade of a building shall be built within a build -to zone that is located between the front property line and a line 25 ft. from the front property line. Side, facing street The principal facade of a building shall be built within a build -to zone that is located between the front property line and a line 25 ft. from the front property line. Side, internal None Rear, without easement 5 ft. or alley Rear, from center line of 12 ft. an easement or alley (F) Minimum buildable street frontage. 75% of lot width. (G) Height regulations. Maximum height is 6 stories or 84 feet which ever is less. Above four stories there shall be a stepback of the building's principal facade of no less than 15 ft. (H) Parking regulations. No parking lots are allowed to be located in the front or side build -to -zone facing a public right of way. § 161.22 Downtown General. (A) Purpose. Downtown General is a flexible zone, and it is not limited to the concentrated mix of uses found in the Downtown Core or Main Street / Center. Downtown General includes properties in the neighborhood that are not categorized as identifiable centers, yet are more intense in use than Neighborhood Conservation. There is a mixture of single-family homes, rowhouses, apartments, and live/work units. Activities include a flexible and dynamic range of uses, from public open spaces to less intense residential development and businesses. For the purposes of Chapter 96: Noise Control, the Downtown General district is a residential zone. (B) Uses. (1) Permitted uses. Unit I City-wide uses by right 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 oods Unit 25 Professional offices Unit 26 Multi -family dwellings . Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional uses. • Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 14 Hotel, motel and amusement services Unit 16 Shopping oods Unit 17 Trades and services Unit 19 Commercial recreation, small sites Unit 24 Home occupations Unit 28 Center for collecting recyclable materials Unit 36 Wireless communication facilities (C) Density. None (D) Bulk and area regulations. (1) Lot width minimum. Dwelling (all unit types) 18 ft. (2) Lot area minimum. None. (E) Setback regulations. Front The principal facade of a building shall be built within a build -to zone that is located between the front property line and a line 25 ft. from the front property line. Side, facing street The principal facade of a building shall be built within a build -to zone that is located between the front property line and a line 25 ft. from the front property line. Side, internal None Rear, without 5 ft. easement or_alley y Rear, from center line 12 ft. of an easement or alley (F) Minimum buildable street frontage. 50% of lot width. (G) Height regulations. Maximum height is 4 stories or 56 feet which ever is less. (H) Parking regulations. No parking lots are allowed to be located in the front or side build -to -zone facing a public right of way. § 161.23 Neighborhood Conservation (A) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other zones. Although Neighborhood Conservation is the most purely residential zone, it can have some mix of uses, such as civic buildings. Neighborhood Conservation serves to promote and protect neighborhood character. For the purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a residential zone. (B) Uses. (1) Permitted uses. Unit I City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-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 10 Three-family dwellings Unit 12 Offices, studios and related services Unit 24 Home occupations Unit 25 Professional services Unit 28 Center for collecting recyclable materials Unit 36 Wireless communication facilities (C) Density. 10 Units/Acre. (D) Bulk and area regulations. (I) Lot width minimum. Single Family 40 ft. Two Family 50 ft. Three Family 60 ft. (2) Lot area minimum. 4,000 Sq. Ft. 6 1x (E) Setback regulations. Front The principal facade of a building shall be built within a build -to zone that is located between the front property line and a line 25 ft. from the front property line. Side, facing street The principal facade of a building shall be built within a build -to zone that is located between the front property line and a line 25 ft. from the front property line. Side, internal, if 5 ft. adjoining a similar use unit. Side, internal, if 5 ft. adjoining a different use unit Rear, without 5 ft. easement or alley Rear, from center line 12 ft. of an easement or alley (F) Minimum buildable street frontage. 40% of lot width. (G) Height regulations. Maximum height is 3 stories or 45 feet which ever is less. (161.24 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. (I) 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 sties 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 50 ft. Front, when adjoining C, I, or P districts 25 ft. Side, when adjoining A or R districts 50 ft. Side, when adjoining C, 1 or P districts 10 ft. Rear, when adjoining C, I, or P districts 10 ft. (F) Height regulations. There shall be no maximum height limits in I -I 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) §-161.25 District I-2, General Industrial (A) Purpose. The General Industrial District is designed to provide areas for manufacturing and industrial activities which may give rise to substantial environment nuisances, which are objectionable to residential and business use. . - (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 6 Agriculture Unit 7 Animal husbandry Unit 12 Offices, studios and related services Unit 18 Gasoline service stations & drive-in restaurants Unit 20 Commercial recreation, large sites Unit 21 Warehousing and wholesale Unit 22 Manufacturing Unit 23 Heavy industrial Unit 28 Center for collecting recyclable materials (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 31 Facilities emitting odors and facilities handling W explosives. Unit 36 Wireless communications facilities .7 . (C) Density. None. (D) Bulk and area regulations. None. (E) Setback regulations. Front, when R districts adjoining A or 100 ft. Front, when P districts adjoining C, I or 50 ft. Side, when districts adjoining A or R 50 ft. Side, when P districts adjoining C, I or 25 ft. Rear 25 ft. (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., An. 5(1X); 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) §-161.26 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 Unit 3 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 ft. Front, if parking is allowed between the right- of-wa and the buildin 50 ft. Side 20 ft. Side, when contiguous to a residential district 25 ft. Rear 25 ft. 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, 4-I-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) § 161.27 District E-1, Extraction - I (A) Purpose. The Extraction District is designed to provide areas for the commercial removal of natural accumulations of sand, clay, silt, gravel, rock, and any mineral where such removal may cause groundwater problems, noise, dust, traffic problems, erosion, and safety concerns. (B) Uses. (1) Permitted 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 (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 plannin rinci les. (2) Lot area minimum. 1 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 w (Code 1991, §160.047; Ord. No. 3546, 4-16-91; Ord. No. 4100, §2 (Ex. A), 6-16-98, Ord. No. 4178, 8-31-99) §-161.28 Design Overlay District (I-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 471 S 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 District: 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. (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) Signs (a) The only permitted free standing signs shall be monument signs. Only indirect lighting may be used for illumination of all signs. (b) All signs shall otherwise comply with Chapter 174 Signs and any variance shall be considered pursuant to § 156.06 of the Un fed Development Code. (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. • a; —ml r 250' —4 r Curb Cust be 2 at Least 250'0' from Intersection (4) Exterior appearance. All structures shall be architecturally designed to have front facades facing 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. (5) 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. (6) 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. (7) 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)(l). 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. Security Fence' 'AestheticI Fence Parking Lot 1 Street Fencin (8) Outdoor storage of material and equipment. All outdoor storage of material and equipment shall be screened with natural vegetation. (9) 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. r • t it 4 (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). his Stop 'Sidewakl Multi -modal Access Pedestrian Sidewalk or Trail Commercial al131C3la/0 f --Residential Pedestrian Linkages to Different Zones (E) Nonresidential developments and multiple building sites. In the case of nonresidential development involving multiple building sites, whether on one or more platted lots, the above -described regulations shall apply to the development as an entire tract rather than to each platted lot. (F) Large scale development. All nonresidential development within the Design Overlay District shall be reviewed through the large scale development procedure and shall meet all those requirements regulating large scale developments regardless of the size of the tract. (G) Exemptions. (1) Undeveloped or partially developed lots in nonresidential subdivisions ]ying within the Design Overlay District for I-540 Highway Corridor which have received preliminary or final approval as nonresidential subdivision prior to June 28, 1994, are hereby exempt from compliance with Ordinance No. 3806 (§ 161.21). (2) Owners of lots within nonresidential subdivisions which obtained preliminary or final approval as nonresidential subdivisions prior to June 28, 1994, and not included in the specifically exempted properties may apply for an exemption to the Fayetteville Zoning and Development Administrator. The Zoning and Development Administrator shall respond to the application in writing within 10 working days of the receipt of the application. (3) Completed development upon property subject to such exemption not in compliance with the standards set forth in Ordinance No. 3806 (§ 161.21) shall be considered pre-existing 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, §I, 3-5,8-9-94; Ord. No, 38-06, 6-28-94; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4128, §1, 12-15-98; Ord. 4725, 7-19-05; Ord. 4784, 10-18-05) Cross reference(s)--Appeals, Ch. 155; Variances, Ch. 156. § 161.29 Planned Zoning District (A) Purpose. The intent of the Planned Zoning District is to permit and encourage comprehensively planned developments whose purpose is redevelopment, economic development, cultural enrichment or to provide a single -purpose or mixed -use planned development and to permit the combination of development and zoning review into a simultaneous process. The rezoning of property to the PZD may be deemed appropriate if the development proposed for the district can accomplish one or more of the following goals. (1) Flexibility. Providing for flexibility in the distribution of land uses, in the density of development and in other matters typically regulated in zoning districts. (2) Compatibility. Providing for compatibility with the surrounding land uses. (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. tl (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. (I0)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) All permitted uses identified within §162 Use allowed as permissible uses, unless otherwise Planned Zoning District request. Units of the Unified Development Code shall be specified, subject to City Council approval of the (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. (4) Conditional Uses. All conditional uses allowed within (Residential, Commercial, industrial) zoning Districts established in the Unified Development Code shall be allowed with Planning Commission approval, unless otherwise specified, subject to the code governing Conditional Use requests. (D) C-PZD, Commercial Planned Zoning District (I) 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. ' t (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) All permitted uses identified within §162 Use Units of the Unified Development Code shall be allowed as permissible uses, unless otherwise specified, subject to City Council approval of the Planned Zoning District request. (3) Conditions. (a) In no instance shall the commercial or office use area be less than fifty-one percent (51%) of the gross leaseable 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. (4) Conditional Uses. All conditional uses allowed within (Residential, Commercial, industrial) zoning Districts established in the Unified Development Code shall be allowed with Planning Commission approval, unless otherwise specified, subject to the code governing Conditional Use requests. (E) I-PZD Industrial Planned Zoning District. (1) Purpose and intent. The 1-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) All permitted uses identified within §162 Use Units of the Unified Development Code shall be allowed as permissible uses, unless otherwise specified, subject to City Council approval of the Planned Zoning District request, (a) In no instance shall the industrial use area be less than fifty-one percent (51%) of the gross leaseable floor area within the development. (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. (4) Conditional Uses. All conditional uses allowed within (Residential, Commercial, Industrial) zoning Districts established in the Unified Development Code shall be allowed with Planning Commission approval, unless otherwise specified, subject to the code governing Conditional Use requests. (F) Bulk and area regulations. (I) Residential density. Residential densities shall be determined on the basis of the following considerations: 1. The densities of surrounding development; 2. the densities allowed under the current zoning; 3. the urban development goals and other policies of the city's General Plan; 4. the topography and character of the natural environment; and 5. 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. (4) 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. (Ord. No. 4434, § I (Ex. A), 11-19-02; Ord. 4717, 7-5-05; Ord. 4764, 09-20-05; Ord. 4783, 10-18-05) §§ 161.30-161.99 Reserved EXHIBIT "E" The following language is to be inserted in Chapter 162 Use Units: § 162.01 Establishment/Listing (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 universit Community center Crematorium Dormito Eldercare Hospital Mausoleum Playfield, playground Private club or lodge School: •Elementary •Junior High •Senior High Swimming pool Tennis court Theater (legitimate) Cross-reference(s)--Parking and Loading, Ch. 172. (E) Uni15. Government facilities. + r. (1) Description. Unit 5 consists of the main facilities of government agencies. (2) Included uses. City or county jail Courts of law Fire station Governmental agencies and offices Library Police station Post office Detention Home (T) Unit 20. Commercial recreation, large sites. (1) Description. Unit 20 consists of commercial recreation facilities which are usually conducted out- of-doors, on large sites, and in undeveloped, outlying parts of the city. Uses in 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 paric" Drag strip Drive-in theater Fairgrounds Fishing dock Go-cart track Golf range, golf course Miniature golf Race track Zoo EXHIBIT "F" Language to be added in Chapter 164 Supplementary District Regulations: § 164.12 Nonconforming Uses and Structures (1) Designated Preservation Structures. Significant structures as designated by City Council resolution as worthy of preservation shall be exempted from the provisions of this section. 1 ., 4 EXHIBIT "G"'4 To be inserted in Chapter 166 Development: § 166.14 Commercial Design And Development Standards ' (B) Applicability. Commercial design and development standards apply to all commercial and office development. t ,t , - . . EXHIBIT "H" To be inserted in Chapter 167 Tree Preservation and Protection: § 167.04 Tree Preservation and Protection During Development (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 I under Percent Minimum Canopy, unless the Applicant has been approved for On -Site Mitigation or Off -Site Alternatives as set forth in subsections I, & 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 and park land 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. Table I Minimum Canopy Requirements ZONING DESIGNATIONS PERCENT MINIMUM CANOPY R -A, Residential - Agricultural 25% (nonagricultural uses) RSF-.5, Single-family Residential — One 25% Half Unit er Acre RSF-1, Single-family Residential —One 25% Unit per Acre RSF-2, Single-family Residential — Two 20% Units per Acre RSF-4, Single-family Residential — Four 25% Units per Acre RSF-7, Single-family Residential — Seven 20% Units per Acre RSF-8, Single-family Residential — Eight 20 % Units per Acre R -O, Residential —Office 20% RT-12, Two and Three-family Residential 20% RMF-6, Multi -family Residential — Six 20% Units per Acre RMF-12, Multi -family Residential — 20% Twelve Units per Acre RMF-18, Multi -family Residential — 20% Eighteen Units er Acre RMF-24, Multi -family Residential — 20% Twenty -Four Units per Acre RMF-40,Multi-family Residential — Forty 20% Units per Acre C -I, Neighborhood Commercial 20% C-2, Thoroughfare Commercial 15% C-3, Central Business Commercial 15% DC, Downtown Core 10% MSC, Main Street Center 10% DG, Downtown General 10% NC, Neighborhood Conservation 20% 1-1, Heavy Commercial and Light Industrial 15% 1-2, General Industrial 15% P -I, Institutional 25% All residential zoning districts and C-1 districts within the Hillside/Hilltop Overlay District shall have their percent minimum canopy requirements increased by 5% to a total requirement of either 30% or 25%. EXHIBIT "I" To be inserted in Chapter 172 Parking and Loading: § 172.05 Standards For The Number Of Spaces By Use (A) Off-street parking. (2) Change of use — waiver. In Downtown Core, Main Street Center, and Downtown General 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. (3) Building footprint — waiver. In Downtown Core, Main Street Center and Downtown General zoning districts, parking requirements are waived for the square footage "footprint" of any building which existed and has been removed since October I, 1995, in order to rebuild. (4) Downtown Core, Main Street Center, and Downtown General Zoning Districts accessory outdoor use areas - Accessory outdoor patios, balconies, decks, and other similar outdoor use areas for restaurants and bars shall be exempt from meeting off-street parking requirements in the Downtown Core, Main Street Center, and Downtown General zoning districts. p. EXHIBIT "J" To be inserted in Chapter 174 Signs: § 174.10 On -Site Freestanding Signs (D) C Districts and Downtown Master Plan Zoning Districts (Downtown Core, Main Street Center, Downtown General). I' ID13166 City of Fayetteville Staff Review Form City Council Agenda Items or Contracts 15 -Aug -06 City Council Meeting Date 14g3O 4nztnd %7/IC X" UbO-A44p Tim Conklin Planning & Development Mgmt. Operations Submitted By Division Department Action Required: ADM 06-1955, 06-1956: Administrative Item (DOWNTOWN MASTER PLAN ZONING DISTRICTS AND ZONING DISTRICT MAP): Submitted by Planning Staff to amend Title XV: Unified Development Ordinance of the code of Fayetteville to amend various sections of the code in order to implement the Downtown Master Plan Zoning Code and Zoning Cost of this request N/A Account Number N/A Project Number ELI Category/Project Budget N/A Funds Used to Date N/A $ Remaining Balance N/A Program Category / Project Name N/A Program / Project Category Name N/A Budgeted Item Budget Adjustment Attached Z8oG Previous Ordinance or Resolution # n/a Depar ent rec or Date . Original Contract Date: n/a () Original Contract Number: n/a City Attorn / Received in C, Clerk's ffice , 7/oU/06 �O nan a and Internal Service Direct?- Received in Mayor's Office Mayor `J Date 113 W. Mountain Si. Fayetteville, AR 72701 Telephone: (479) 575-8267 TO: Mayor and City Council THRU: Gary Dumas, Operations Director Tim Conklin, Planning and Development Management Director FROM: Leif Olson, Long Range Planner DATE: July 28, 2006 SUBJECT: Downtown Master Plan Zoning Code Amendments to the Unified Development Code Planning Staff recommends the following amendments to the Unified Development Code (UDC) in order to clarify language regarding the removal of the C-4 Downtown District and the adoption of the Downtown Master Plan (DMP) zoning districts. Significant changes have been made to Chapter 161 — Zoning Districts, and this chapter should be readopted in its entirety. Staff has proposed amendments to the Neighborhood Conservation Zoning District which would set density limits and remove some of the use units allowed in this district. Additionally, Staff recommends amending the following chapters which are impacted by the adoption of the DMP zoning districts: 151 — Definitions, 156 — Variances, 160 — Zoning Districts, 162 - Use Units, 164 - Supplementary District Regulations, 166 — Development, 167 —Tree Preservation, 172 - Parking and Loading, and 174 — Signs. Planning Staff also recommends amending the City of Fayetteville's Official Zoning Map by adopting the proposed Downtown Zoning Districts. In order to clarify the amendments that are proposed this report steps through each chapter and explains what has been added or removed. Chapter 151 Definitions has been amended to add new definitions that relate to the Downtown Master Plan Zoning Districts. Chapter 156 Variances has been amended to remove the C-4 Downtown District and replace it with the three DMP Zoning Districts. Chapter 160 Zoning Districts has been amended to remove the C-4 Downtown District and inserting the DMP Zoning Districts. The Compensation Committee will meet at 4:00pm on Tuesday, August 151" in Room 326. Alan Johnson, Executive Vice President with Management Advisory Group, Inc. will make an informational presentation about the key elements of a compensation philosophy. All Council members are invited to attend this meeting. At this meeting, Mr. Johnson will initiate a discussion to identify the direction of the compensation philosophy for the City of Fayetteville. The draft compensation philosophy is scheduled to be delivered to the City on August 24, 2006. Staff will distribute this to all Council members and employees for, review. The philosophy statement will be considered for adoption by the full Council on August 29, following the Agenda Session at a Special City Council meeting. Carolyn Long, CEO of Management Advisory Group, Inc. will be on -site to facilitate this process. Chapter 161 Zoning Regulations has been amended by removing the C-4 Downtown District and inserting the DMP Zoning Districts. Additionally, Staff is recommending that in the Neighborhood Conservation Zoning District that Use Unit 4 is moved from a Use by Right to a Conditional Use and that Use Units 5, 13, and 15 are removed altogether from this Zoning District. Staff also recommends a 10 unit per acre density and a lot area minimum of 4,000 sq. ft. Chapter 161 should be re -adopted in its entirety. Chapter 162 Use Units has been amended to move detention homes from Use Unit 4 (Cultural and Recreational Facilities) to Use Unit 5 (Government Facilities) and to move Zoo's from use unit 4 (Cultural Recreation Facilities) to Use Unit 20 (Commercial Recreation, large sites). This does not relate specifically to the Downtown Master Plan, however, staff felt that these changes were warranted and now was a good time to propose moving these Use Units. Chapter 164 Supplementary District Regulations has been amended to add language that enables the City Council to designate structures for preservation. This amendment is necessary to exclude certain civic or cultural structures from the provisions of the Downtown Master Plan. Chapter 166 Development has been amended to remove the table of commercial districts from the Commercial Design and Development Standards and replace it with language that applies to all commercial and office development. Chapter 167 Tree Preservation and Protection has been amended to include the Downtown Master Plan Zoning Districts with accompanying tree preservation percentages to the Tree Preservation Percentage table. Chapter 172 Parking and Loading has been amended to add the DMP Zoning Districts to the standards for the number of spaces by use section. Chapter 174 Signs has been amended to add the DMP Zoning Districts to the requirements for on -site free standing signs. Planning Staff welcomes any additional amendments that the City Council might propose. It would be helpful to discuss proposed amendments with Staff and the City Attorney so that appropriate language can be drafted in advance of the meeting. ORDINANCE NO. AN ORDINANCE AMENDING TITLE XV: UNIFIED DEVELOPMENT ORDINANCE OF THE CODE OF FAYETTEVILLE TO AMEND VARIOUS SECTIONS OF THE CODE IN ORDER TO IMPLEMENT THE DOWNTOWN MASTER PLAN ZONING CODE AND ZONING MAP. WHEREAS, the City of Fayetteville recognizes the unique and the downtown area plays in the vitality of the City and the region; and, .. WHEREAS, the City of Fayetteville hired Dover — plan with extensive public input; and qk �. WHEREAS, the City of Fayetteville has detteim ied`that development in the downtown area should be compatible with the traditional -town form; and WHEREAS, developments that are compatible -.with the. surrounding area' and harmonious with the character of the neighborhood and haue a_positive' effect upon the future development of the area; and role that to develop a WHEREAS, the Downtown Mast6itPlan,has been developed through an extensive process involving public, elected'and a oint the ppolnted';officials, and staff.; NOW, THEREFORE BE IT ORDAINED BY THE_CITY COUNCIL OF THE 4.CITY OF FAYETTEVILL F AR=KANSAS WV Section I. ThatGliabter 151 Definitions is amended'by inserting new definitions into Section popy-o -v rk! $151.01 Definitions, a copy of which marked Exhibit "A" is attached hereto and made a part hereof. Section 2. -That Chapter 156 .U.,anances isamended 6y inserting Downtown Zoning Districts in Section § 156 02)Zonmg Districts, a copy of which markedExhibit "8" is attached hereto and made a part hereof'` Section 3. That Chapter 160 Zonmg�D tricts is amended by inserting Downtown Zoning Districts in Section § 160:01 EstablishmenfofDistncts;'a copy of which is marked Exhibit "C" is attached hereto and made a part hereof:, Section 4. Thar Chapter 1611 Zoning Regulations is re -adopted in its entirety, a copy of which is marked Exhibit "D" is' attachedIteto and made a part hereof. r Section 5. That Chapter 162 Use Units is amended by moving use units in Section §1. 62.01, a copy of which is marked Exhibit "E" is attached hereto and made a part hereof. Section 6. That Chapter 164 Supplementary District Regulations is amended by inserting Designated Preservation Structures in Section § 164.12, a copy of which is marked Exhibit "P" is attached hereto and made a part hereof. Section 7. That Chapter 166 Development is amended by inserting Downtown Zoning Districts in Section § 166.14 Commercial Design and Development Standards, a copy of which is marked Exhibit "G" is attached hereto and made a part hereof. - Section 8. That Chapter 167 Tree Preservation and Protection is amended by inserting Downtown Zoning Districts in Section § 167.04 Tree Preservation and Protection During Development, a copy of which is marked Exhibit "H" is attached hereto and made a part hereof Section 9. That Chapter 172 Parking and Loading is amended by inserting Downtown Zoning Districts in Section §172.05 Standards for the Number of Spaces by Use, a copy of which is marked Exhibit "I" is attached hereto and made a part hereof. Section 10. That Chapter 174 Signs is amended by inserting Downtown Zoning Districts in Section §174.10 On Site Free Standing Signs. a copy of which is marked Exhibit "J" is attached hereto and made a part hereof. Section II. That the official Zoning Map of the City of Fayetteville is amended to rezone those 'properties identified in the Downtown Master Plan Zoning Districts, a copyof which is marked Exhibit "K" is attached hereto and made a part hereof PASSED and APPROVED this the 15'" day of August, 2006. .APPROVED: BY:: <DAN COODY, Mayo? ' ATTEST: By: SONDRA SMITH, City Clerk EXHIBIT "A" To be inserted in Chapter 151 Definitions: §151.01 Definitions. Block: A combination of building lots, the perimeter of which abuts streets. Build -to line: A build -to line identifies the precise horizontal distance from a street right-of-way that the building shall be built to, in order to create a uniform line of buildings along the street. Build -to Zone: A build -to zone is a range of allowable distances from a street ght of=way that the building shall be built to in order to create a moderately uniform line of b 'n (dings along the street. ALII ° Building frontage: The vertical side of a building which faces the primary spacear-street and is built to the Build -to line. •x_1, `�� `'s,� i Building Height: Building height shall be measured vertically from the existing natural'grade to any part of the structure, excluding spires, cupolas, antennas, water tanks, ventilators, chimneys, dr,.other .A .l µ A ' ♦ an appurtenances usually required to be placed above the roof aod. no[ intennded for human occuii pancy. -i t l'V To verify whether the height of a proposed structure is below themax,mum°height allowed,:project a parallel plane above the existing natural grade and across the entire Parcel. If the structure is below the upper line, then the height limitation has been satisfied. L'J{ fi Civic Building: Structure used primarily for public education, cultural performances, gatherings and displays administered by non-profit cultural, educanonal goverrnmental, andreligious organizations. Curb Radius: The curved edge of street paving at an intersection; measured at the inside travel edge of the travel lane. .. i, ... . /; ^ Dwelling, live/work: A dwelling unit within which an at-home business is encouraged. Businesses are limited to a maximum,of-two employees that do'not reside in the principal or accessory dwelling unit. 4 Jv Dwelling, row/rouse: An attached single fahiity. dwelling.unit located on land owned by the unit owner and situated ii a -row of to(2)or more' similarhorizontally attached dwelling units, each unit having its own separate;water, sanitary' sewer, ventilation and heating system, inclusive of separate fliutility service lines and meters;«and which,is separated from attached adjacent dwelling units by a fire-resistant common walla Frontage Liner 7 he property line or lines of a lot which coincide with a right-of-way or other public open space. Habitable Space: Buildingspace }Vhose use involves human presence. Habitable space excludes parking garages, self-service;s[ age facilities, warehouses, and display windows separated from retail activity. 'is Liner Building: A building built in front of a parking garage, cinema, supermarket etc., to conceal large expanses of blank wall area and to face the street space with a facade that has doors and windows. Marquee: A permanently roofed architectural projection the sides of which are vertical and are intended for the display of signs and which is supported entirely from an exterior wall of a building. Parapet: A low guarding wall at the edge of a roof, terrace, or balcony. n Principal Fa�ade (For purposes of placing buildings along build -to lines or build -to zones): The front plane of a building not including stoops, porches, or other attached architectural features. Rear Access Lane: A publicly or privately owned secondary way that affords access to the side or rear of abutting property. Storefront: The portion of a building at the first story of a retail frontage that is made available for retail use. .n EXHIBIT "B" Language to be inserted in Chapter 156 Variances: §156.02 Zoning Regulations (B)(3)(a) Number of spaces. The Planning Commission shall have the authority to vary the number of off-street parking spaces required in the Downtown Core, Main Street Center and Downtown General Districts. (B)(3)(c) Conditions. All waivers shall meet the conditions listed below: (i) Downtown Core, Main Street Center, and Downtown Gene al:'Districts. Conditions for waivers in Downtown Core, Main Street Center, and Downtown General Districts: (B)(5) Building height variance in residential • (a) The Planning Commission shall have the authority to grant a variance to allow: b structure to exceed building height limits in all ₹Zoning Districts in those instant owing to special conditions and c rcumstanees, literal enforcement of the build. restrictions would result in unnecessary ' hardship ortfietapplica t c n show that the height requested will not adversely affect adjoinin or nei" hborin property owners. g 9 J g g gP P Y EXHIBIT "C" Language to be inserted in Chapter 160 Zoning Districts 160.01 Establishment of Districts The following zoning districts are hereby established: ZONING DISTRICTS R -A Residential - Agricultural 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 RSF-4 Residential Single-family— Four Units per Acre RSF-7 Residential Single-family — Seven Units per Acre RT-12 Residential Two and Three-family RMF-6 Residential Multi -family — Six Units per Acre RMF- 12 Residential Multi -family —Twelve Units perAcre RMF- 18 Residential Multi -family— Eighteen Units per Acre RMF- 24 Residential Multi -family— Twenty -Four Units per Acre RMF- 40 Residential Multi -family —;Forty Units per Acre R -O Residential -Office_ C-1 Neighborhood Comiriercial C-2 Thoroughfare Commercial C-3 Central Business Comrhercial DC Downtown Core. MSC Main Street Center DG Downtown General -- NC Neighborhood Conservation I-1 Heavy Commercial and fight 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 EXHIBIT "D" This chapter is being re -adopted in its entirety.; 161.02 CERTIFICATE OF 6s.*, ZONING COMPLIANCE .................................:............... 44.s 161.03 DISTRICT R -A, RESIDENTIAL -AGRICULTURAL .............. ........ ....... 161.04 DISTRICT RSF-.5, RESIDENTIAL SINGLE-FAMILY HALF UNITPI £;ONE 161.05 DISTRICT RSF-1, RESIDENTIAL SINGLE-FAMILY- ONE UNIT PER ACI 161.06 DISTRICT RSF-2, RESIDENTIAL SINGLE-FAMILY;,, �, rn 161.07 DISTRICT RSF-4, RESIDENTIAL SINGLE-FAMILY 161.08 DISTRICT RSF-7, RESIDENTIAL SINGLE-FAMILY - AC RE ....................4 TWO UNITS PER ACRE FOUR UNITS PER ACRE 161.09 DISTRICT RSF-8, RESIDENTIAL SINGLE' =FAMILY - EIGHT ....... 161.10 DISTRICT RT-12, RESIDENTIAL TWO AND THREE<FAMILI &[Li4 161.11 DISTRICT RMF-6,#RESIDENT ,IAL MULTI FAMILY SIX UNITS PER ACRE.................................8 161.12 DISTRICT RMFi2,JRESIDENTIAL MULTT FAMILY - TWELVE UNITS PER ACRE .....................8 161.13 DISTRICT RMF-18, RESIDENTIAL MULTI FAMILY - EIGHTEEN UNITS PER ACRE..................9 161.14 DIST CT'RMF=24; RESIDENTIAL MULTI -FAMILY - TWENTY-FOUR UNITS PER CRE.. .� ........................................................................................................10 �� ° .. 161.15 DISTRICT RMF-40, RESIDENTIALi MULTI -FAMILY - FORTY UNITS PER ACRE ........................10 1 61 .1 6 DISTRI TeR-O, RESIDENTIAL OFFICE ......._..................................................................................11 r14 161.17 DISTRICT -1tNEIGHBORHOOD COMMERCIAL..........................................................................12 161.18 DISTRICT C-2, THOROUGHFARE COMMERCIAL.........................................................................12 1 161.19 DISTRICT C-3, CENTRAL COMMERCIAL.......................................................................................13 1 61 .20 DISTRICT DC, DOWNTOWN CORE.................................................................................................13 1 61 .2 1 DISTRICT MSC, MAIN STREET CENTER........................................................................................14 1 61 .22 DISTRICT DG, DOWNTOWN GENERAL..........................................................................................14 161.23 DISTRICT NC, NEIGHBORHOOD CONSERVATION......................................................................15 PER ACRE ........................6 o ' 'ER ACRE ..........................6 161.24 DISTRICT I-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL..................................................15 161.25 DISTRICT 1-2, GENERAL INDUSTRIAL...........................................................................................16 161.26 DISTRICT P-1, INSTITUTIONAL.......................................................................................................16 161.27 DISTRICT E-1, EXTRACTION...........................................................................................................17 161.28 DESIGN OVERLAY DISTRICT (1-540 HIGHWAY CORRIDOR) .......................................................17 161.29 PLANNED ZONING DISTRICT..........................................................................................................19 161.30-161.99 RESERVED.............................................................................................................................19 • • 4 N^. ti•• a • yr. • r. CHAPTER 161: ZONING REGULATIONS • • a ,T •�5 y 1. s• a. �Y•yl � r. • j. 4 .3 y 161.01 Application of District Regulations Minimum regulations/exceptions. The regulations set by this chapter within each district shall be minimum regulations and shall apply uniformly for each class or kind of structure or land, except as hereinafter provided: (A) General. No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformity with all the regulations herein specified for the district in which it was located. (B) Limitations. No building or other structure shall hereafter be erected or altered: (1) Height/hulk To exceed the height or bulk; (2) Number of units. To accommodate or house a greater number of (3) Lot area. To occupy a greater percentage of lot area; (4) Setback/open spaces. To have narrower or smaller open spaces than herein required; or I; (5) Other. In any other manner contrary to the provisions (C) Independent compliance. No part of a setback, or other open required about or in connection with any'b'uilding for the pur included as part of a setback, open space, or off sreet parking m building. front setbackiside,setbacks, or other or off-street parking or loading space complying with this chapter shall be pace similarly required for any other {D) Effective date. No setback or lot existing on June 29, 1970; shall`be red cued in dimension or area below the minimum requirements set forth herein. Setbacks,or,lots created after`'June 29, 1970, shall meet at least the minimum requirements establishedby this chapter. \P (E) Annexation. All temtorytawhich mayhereafter be annexed to the city shall be considered to be in District A-1 4F -W ' until the territory is rezoned as provided herein (F) Measuring setbacks kT'"' {! (1) Front. Measured.from.the stfeet4right-of-way, or street right-of-way setback as required by the Master Street Plan. `k't'_ ' 7 (2) Side)Measured from theiside property line. (3) Rear. Measured from the' ear property line. (4) Corner. A corner -hot has two fronts and two sides. (G) Conditional Uses. These uses are permissible if approved by the Planning Commission. See Chapter 163, Use Conditions. (Code 1965, App. A., An. 3; Ord. No. 1747, 6-29-70; Code 1991, $160.016; Ord. No. 4100, §2 (Ex. A), 6-16-98) 161.02 Certificate Of Zoning Compliance (A) Required. It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered, or enlarged in its use or structure until a certificate of zoning compliance shall have been issued therefore by the Zoning and Development Administrator stating that the proposed use of the building or land conforms to the requirements CD162:11 of this chapter. (B) Nonconforming uselsiructure. No non -conforming structure or use shall be renewed, changed, or extended until a certificate of zoning compliance shall have been issued by the Zoning and Development Administrator. The certificate of zoning compliance shall state specifically wherein the nonconforming use differs from the provisions of this chapter. The Zoning and Development Administrator shall maintain a record of all certificates of zoning compliance, and a copy shall be furnished upon request to any person. (C) Audrorized constructioniuse. 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.. Ail. 9(3),(5); Ord. No. 1747, 6-29-70: Code 1991, §§ 160 192. 160.194; Ord. No. 4100, §2 1 Ex. A), 6-16-98) Cross reference(s)—Enforcement, Ch. 153. 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. (I) Permitted uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 6 Agriculture Unit 7 Animal husbandry Unit 8 Single-familySingle-lamily dwellings Unit 9 Two-family dwellings Unit 37 Manufactured homes (2) Conditional uses. Unit 2 City-wideby nditional use permit Unit 4 Culturaonal facilities Unit 20 Commn, large sites Unit 24 Home Unit 36 Wirelestions facilities (C) Density. Units per acre I One-half II (D) Bulk and area regulations. Lot width minimum 200 ft. 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. 35ff (F) Height requirements. There shall be no maximum height limits in the A -I 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., An. 5(I); Ord. No. 747,6-29-70; Code 1991, §160.030; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99) 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 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 One-half (approximately) (D) Bulk and area regulations. Lot width minimum 200 fO.Ft. Lot area minimum 71,43 Land area per dwelling unit 71, 4 (D) Setback requirements. Front Side Rear 35 ft. 208 35 ft. (F) Height. Structures in this District are limited to a building height of 45 feet. The height of a proposed structure may only be increased above 45 feet by obtaining a variance after hearing by the Planning Commission. Existing structures that exceed 45 feet in height shall be grandfathered in, and not considered nonconforming uses. (E) Building area. None. (Code 1991,:§160.043; Ord. No. 3792, §4, 5-17-94, Or. No 4100, §2 (Ex A), 6-1'6-98; Ord. No. 4178, 8-31-99, Ord. 4858. 4-18-06) 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. (F) Permitted uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings (G) Conditional uses. Unit 2 City-wide uses by conditional use pemiit Unit 3 Public protection and utility. facilities Unit 4 Cultural and recreational facilities Unit 24 Home occupations Unit 36 Wireless communications facilities (1-1) ©Density. Units per acre I 1 II (D) Bulk and area regulations. Lot width minimum 150 ft. Lot area minimum 35,720 Sq. Ft. Land area per dwelling unit 35,720 Sq. Ft. 100 Setback requirements. Front Side Rear 3511. 2011. 3511. (F) Height. Structures in this District are limited to a building height of 45 feet. The height of a proposed structure may only be increased above 45 feet by obtaining a variance after hearing by the Planning Commission. Existing structures that exceed 45 feet in height shall be grandfathered in, and not considered nonconforming uses. 100 Building area. None. (Code 1965, § 160.44; Ord. No. 3792, §4, 5-17-94; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. 4858,4-18-06) 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 (8,000 sq. ft.), and to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. 100 Permitted uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings 100 Conditional uses. Unit 2 City-wideEutilit use ermitUnit 3 PubliccilitiesUnit 4 CulturatiesUnit 24 Home Unit 36 Wireleslities 100 ©Density. Units per acre 2 (D) Bulk and area regulations. Lot width minimum Lot area minimum =Sq.Ft. Land area per dwelling unit (E) Setback requirements. Front Side I Rear ii 3011. I 1511. I 30.11. (F) Height. Structures in this District are limited to a building height of 45 feet. The height of a proposed structure may only be increased above 45 feet by obtaining a variance after hearing by the Planning Commission. Existing structures that exceed 45 feet in height shall be grandfathered in, and not considered nonconforming uses. (G) Building area. None. (Code 1991, §160.045; Ord. No. 3792, §4, 5-17-94; Orel No.4100, §2 (Ex. A), 6-16-98; Ord No.4178, 8-31-99; Ord.4858, 4-18-06) 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 1 4 or less 7 or less (D) Bulk and area regulations. Single-family Two-family dwellings dwellings Lot minimum width 70 ft. .80 ft. Lot area minimum 8,000 sq. ft. 12,000 sq.-ft. Land area per 8,000 sq. ft. 6,000 sq. ft. dwelling unit Hillside Overlay 60 ft. 70 ft. District Lot minimum width Hillside Overlay 8,000 sq. ft. 12,000 sq.-ft. District Lot area minimum Land area per 8,000 sq. ft. 6,000 sq. ft.' dwelling unit (E) Setback requirements. FRONT SIDE REAR 25 ft. 8ft. 20 ft. HOD Front HOD Side HOD Rear 15 ft. 5ft. 15 ft. (F) Height. Structures in this District are limited to a building height of 45 feet. The height of a proposed structure may only be increased above 45 feet by obtaining a variance after hearing by the Planning Commission. Existing structures that exceed 45 feet in height shall be grandfathered in, and not considered nonconforming uses. (G) 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; Ord. 4858,4-18-06) 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 conditional use ermitUnit 3 Publiand utility facilitiesUnit 4 Cultueational facilitiesUnit 9 Two fin sUnit 24 HomnsUnit 36 Wirelnications facilities •M1 tx.t Lcnsuy. By Ri hl Conditional Use Single-family dwelling units per acre 7 or less 8.5 Two-family dwelling units er acre — Option: 15% of the lot, maximum (D) Bulk and area regulations. (1) Lot width minimum. Single-family 60 ft. Two-family 60 ft. Townhouse, no more than two attached 30 ft (2) Lot area minimum. -Single-family==sq.fi. sq. Two-family sq. Townhouse, no more than two attached (3) Land area per dwelling unit. Single-family 6,000 sq. ft. Two-family 3,000 sq. ft. Townhouse, no more than two attached 3,000 sq. ft (E) Setback requirements. Ii Front Side I Rear 25 ft. I 81t. I 20 fl (F) Height. Structures in this District are limited to a building height of 45 feet. The height of a proposed structure may only be increased above 45 feet by obtaining a variance after hearing by the Planning Commission. Existing structures that exceed 45 feel in height shall be grandfathered in, and not considered nonconforming uses. (G) Building area. The area occupied byall buildings shall not exceed 50% of the total lot area. 1 Codc 1991, §160046; Ord. No. 3792, §4. 5-17-94; Ord No. 4100, §2 (Ex. A), 6-16-98; Ord No. 4178. 8-31-99; Ord. 4858,4-18-06) Cross referenee(s)--Vanance. Cl,. 156 161.09 District RSF-8, Residential Single -Family — 8 Units Per Acre (A) Purpose. The RSF-8 Residential District is designed to bring historic platted development into conformity and to allow for the development of new single family residential areas with similar lot size, density, and land use as the historical neighborhoods in the downtown area. (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 8 or less -- Two-family dwelling units -- peracre 8 (D) Bulk and area regulations. (1) Lot width minimum. Single-family 50 ft. Two-family 0 ft. Townhouse, rio more than two attached 25 ft (2) Lot area minimum. Single-family 5,000 sq. ft. Two-family 5.000 sq. ft. Townhouse, no more than two attached 2,500 sq. ft. (3) Land area per dwelling unit. Single-family 5,000 sq. ft. Two-family 5,000 sq. ft. Townhouse, no more than two attached 2,500 sq. ft. (E) Setback requirements. Front Side Rear 15 ft. 5f1. 5ft. (F) Height regulations. Building height maximum I 45 ft. ii (G) Building area The area occupied by all buildings shall not exceed 50% of the total lot area, except when a detached garage exists or is proposed; then the area occupied by all buildings shall not exceed 60% of the total lot area. (Ord..4783, 10-18-05) 161.10 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. (8) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 8 Single-familySingle-lamily dwellings Unit 9 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 60 ft. 70 fl. 90 ft. minimum Lot area 6,000 sq. It, 7,260 sq. ft. 10.890 sq. ft. minimum Land area 6.000 sq. ft. 3,630 sq. ft. 3.630 sq. ft. per dwelling unit (E) Setback requirements. LFront Side Rear 25 ft. 8 ft. 20 ft. (F) Height regulations. Lauding 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 1965, App. A., Art. 5(11A); 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. 161.11 District Rmf-6, Residential Multi -Family — Six Units Per Acre (A) Purpose. The RMP-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 -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 er acre I 4to6 6 (D) Bulk and area regulations. (1) Lot width minimum. Manufactured home path 100 ft Lot within a manufactured home park 50 ft. 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 wilhih a Manufactured home park 4,200 sq. ft. Townhouse: •Development •Individual lot 10,000 sq. ft. 2,500 sq. ft. Single-family 6,000 sq. ft. Two-4ami1y 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. ft. One bedroom 1.700 sq. ft. Two or more 2,000 sq. ft. bedrooms Fraternity or Sorority 1,000 sq. ft. per resident (E) Setback requirements. Front Side Rear 25'ft. 8 ft. 251t Cross reference(s)--varianccs,.Ch. 156. (F) Height regulations. Any building which exceeds the height of 20 feet shall beset 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) 161.12 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 City -de 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. Units per acre I 4(o12 II (D) Bulk and area regulations. (1) Lot width minimum. Manufactured home padc 100 ft. Lot within a manufactured home park 50 ft. Single family 60 ft. Two-family 60 ft. Three and more 90 It. 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. 2,500 sq. ft. ft. Single-family 6,000 sq- ft. Two-family 7.000 sq. It. Three or more 9,000 sq. It. Fraternity or Sorority 2 acres Professional offices 1 acre (3) Land area per dwelling unit. Manufactured home 3,000 sq. fl. Apartments: No bedrooms 1,700 sq. ft. One bedroom 1,700 sq. ft. Two or more 2,000 sq. ft. bedrooms Fraternity or Sorority 1,000 sq. ft. per resident (E) Setback requirements. Front Side Rear 25 ft. 8ft. 25 ft. Cross reference(s)--Variances, Cl,. 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) 161.13 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 multi -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 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. Units er acre I 4 to 18 (D) Bulk and area regulations. (I) Lot width minimum. Manufactured home park 100 ft. Lot within a manufactured home park 50 ft. Single-family 60 ft. Two-family 60 fl. Three and more 90 ft. Professional offices 10o 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 2,500 sq. sq. ft. ft. Single-family 6,000 sq. It. Two-family 7,000 sq. IL 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. ft. One bedroom 1,700 sq. ft. Two or more 2,000 sq. ft. bedrooms Fraternity or Sorority 1,000 s . It. per resident (E) Setback requirements. Front Side Rear 25 ft. 8ft. 25 fL 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, 7-3-0I ) 161.14 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 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 25 Professional offices Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. II Units er acre I 4 to 24 (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 mobile home park 4,200 sq. ft. Townhouses: •Development •Individual lot 10,000 sq. 2,500 sq. ft. ft. Singe-tarniFy 6,000 sq. ft. Tho-famiy 7,000 sq. ft Three or more 9,000 sq. ft. Fraternity or Sorority 2 acres Professional offices t acres (3) Land area per dwelling, unit. Manufactured home 3,000 sq. ft. Apartments: •Nobedroom 1,700 sq. ft. •One bedroom 1,700 sq. ft. .Two bedroom 2,000 sq. ft Fraternity or Sorority 1,000 s . ft. per resident (E) Setback requirements Front Side Rear 25IL 814. 25 ft. HOD Family Single Front HOD Family Single Side HOD Family Single Rear 1514. 8ft. 1514. HOD Front Two Family HOD Side Two Family HOD Rear Two Family 15 ft. 814. 15 ft. HOD Front Multi Family HOD Side Multi Family HOD Rear Multi Family 15 ft. 8ft. 15 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 fool of height in excess of 20 feet. (G) Building area. None. (Code 1965, App. A., Art 5011); Ord, No 2320. 4-6-,77;'Ord. No. 2700, 2-2-81; Code 1991, § 160.033; Ord. No. 4100, §2 (EL .A), 6-16-98; Ord. No 4178, 8-31-99) 161.15 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. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right II -.1 Unit 8 Single-family dwellings ., Unit 9 Two-family dwellings Unit 10 Three-famil dwellin s 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 Nome occupation Unit 25 Professional offices Unit 36 Wireless communications facilities (C) Density. Units per acre I 16 l0 40 (D) Bulk and area regulations. (I) Lot width minimum. Manufactured home park 100 ft. Lot within a manufactured home part 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. 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. Manufactured home 3,000 sq. ft. Townhouses & apartments No bedroom 1,000 sq. ft One bedroom 1,000 sq. ft. Two or more 1,200 sq. ft. bedrooms Fraternity or Sorority 500 sq. ft. per resident (E) Setback requirements. Front Side Rear 25ft 8ft. 20ft 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., An. 5(IV); Ord. No. 2320, 4-5-77; Ord. No. 2700, 2-2-8L L Ord. No. 1747, 6-29-70; Code 1991, §160034; Ord. No. 4100. §2 (Fa A). 6-16-98; Ord. No. 4178, 8-31-99) 161.16 District R -O, Residential Office (A) Purpose. The Residential -Office District is designed primarily to provide area for offices without limitation to the nature or size of the office, together with community facilities, restaurants and compatible residential uses. (B) Uses. (1) Pet -milled uses. Unit 1 City-wide uses by right Unit 5 Government facilities Unit 8 Singe-tamily dwellings Unit 9 Two -Family dwellings Unit 12 O(fces, 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 11 Manufactured home parl 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) (I) 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_ (2) Lot area minimum. II Manufactured home parl j 3 acres Lot within a manufactured home park 4,200 sq. ft. Townhouses: Development Individual lot 10,000 sq. 2,500 sq. ft. ft. Single-family 6,000 sq. ft. Two-family 6,500 sq. It. Three or more 8,000 sq. ft. Fraternity or Sorority 1 acre (3) Land area per dwelling unit. (D) Density. Ij Units er acre I 4 to 24 (E) Setback regulations. (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., An. 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; Ord. 4726, 7-19-05) 161.17 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. Front 30 ft. Front, if parking is allowed between the right- of -way and the building 50 ft. Front, in the Hillside Overlay District 15 ft. Side 10 ft. Side, when contiguous to a residential district 15 ft. Side, in the Hillside Overlay District 8 ft Rear, without easement or alley 25 ft. Rear, from center line of public alley 10 ft. Rear, in the Hillside Overlay District 15 ft. Manufactured home 3,000 sq. ft. Townhouses & apartments: No bedroom 1,000 sq. ft. One bedroom 1,000 sq. ft. Two or more 1,200 sq. ft. bedrooms Fraternity or Sorority 500 sq. ft. per resident Unit 1 City-wide uses 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, wtien contiguous to a residential district 10 ft. Rear 20ft. (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., An. 5(V); Ord. No, 2603, 2-19-S0; 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) 161.18 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 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 25 Professional offices Unit 33 Adult live entertainment dub or bar Unit 34 Liquor store (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 21 Warehousing and wholesale Unit 28 Center for collecting recyclable materials Unit 32 Sexually oriented, business 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 15 ft. Rear 20W (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. (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(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 §160036; Ord. No. 4034, §3,4,4-15-97; Ord: No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. 4727, 7-19-05) 161.19 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. (I) 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 25 Professional offices 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 District Center Front 5 ft. 25 R. Front, if parking is allowed between the nght-of-way and the building 50 ft 50 ft. Side None None Side, when 'contiguous to a residential district 10 It. 25 ft. Rear, without easement or alley IS ft. 25 ft. Rear, from center line of a public alley 10 a. l0 ft. (F) Height regulations. Maximum height is six stories or 84feel whichever is less. Above four stories, there shall be a stepback of the building's principal facade of at least fifteen feet. The height shall be measured from the mean elevation of the finished grade or sidewalk at the frontage line, whichever is higher, to the eave of the roof or cornice for a building with a parapet. Buildings already in existence or for which a Large Scale Development or Planned Zoning District has been fully approved prior to the date of passage of this ordinance shall be grandfathered in and not be considered as nonconforming structures as a result of the passage of this ordinance. (Code 1965, App. A., An 5(VII), On1. No. 2351, 6-21-77; Ord. No. 2603, 2-19-80; Ord. No. 1747, 6-29-70; Code 1991, §160.037; Ord. No. 4100, §2 (Ex. A), 6-I6-98; Ord. No. 4 P8,5-31-99; 8-31-99; Ord 4727, 7-19-05; 4863.5-02-06) 161.20 Downtown Core (a) Purpose. Development is most intense, and land use is densest in this zone. The downtown core 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. For the purposes of Chapter 96: Noise Control, the Downtown Core district is a commercial zone. (b) Uses. (1) Permitted uses. Unit I City-wide uses by right 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 14 Hotel, motel, and amusement facilities Unit 15 Neighborhood shopping goods Unit 16 Shopping goods Unit 17 Trades and Services Unit 19 Commercial recreation, small sites Unit 25 Professional offices Unit 26 Multi -family dwellings Unit 34 Li uor stores Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 24 Home occupations Unit 29 Dance Halls Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities (c) Density. None. (d) Bulk and area regulations. None. (e) Setback regulations. Front The principal facade of a building shall be built within a build -to zone that is located between the front property line and a line 25 ft. from the front property line. Side, facing street The principal facade of a building shall be built within a build -to zone that is located between the front property line and a line 25 ft. from the front property line. Side, internal None Rear, without 5 ft. easement or alley Rear, from center line 12 ft. of an easement or alley Note: If the Regulating Plan shows an alley along the rear, side, or across a property line, adjustments to setbacks might be necessary. See Section 161.26(C)(3)-(8). (1) Minimum buildable street frontage. 80% of lot width. (g) Height regulations. Maximum height is 12 stories or 168 feet which ever is less. (h) Parking regulations. No parking lots are allowed to be located in the front or side build -lo -zone facing a public right of way. 161.21 Main Street / Center (a) Purpose. A greater range of uses is expected and encouraged in the Main Street / Center. The Center is more spatially compact and is more likely to have some attached buildings than Downtown General or Neighborhood Conservation. Multi -story buildings in the Center are well -suited to accommodate a mix of uses, such as apartments or offices above shops. Lofts, live/work units, and buildings designed for changing uses over time are appropriate for the Main Street / Center. The Center is within walking distance of the surrounding, primarily residential areas. For the purposes of Chapter 96: Noise Control, the Main Street Center district is a commercial zone. (b) Uses. (I) Permitted uses. Unit 1 City-wide uses by right 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 goods Unit 16 Shopping goods Unit 17 Trades and services Unit 19 Commercial recreation, small sites Unit 25 Professional offices Unit 26 Multi -family dwellings Unit 34 Liquor stores Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public proteclion and utility facilities Unit 18 Gasoline services stations and drive in restaurants Unit 24 Home occupations 1 Unit 28 Center for collecting recyclable materials Unit 29 Dance halls Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities (c) Density. None. (d) Bulk and area regulations. (1) Lot width minimum. Dwelling all unit t es 18 ft. (2) Lot area minimum. None. (e) Setback regulations. Front The principal facade of a building shall be built within a build -to zone that is located between the front property line and a line 25 ft. from the front property line. Side, facing street The principal facade of a building shall be built within a build -to zone that is located between the front property line and a line 25 ft. from the front property line. Side, internal None Rear, without easement 5 ft. or alley Rear, from center line of 12 ft. an easement or alley Note: If the Regulating Plan shows an alley along the rear, side, or across a property line, adjustments to setbacks might be necessary. See Section 161.26(C)(3)-(8). . (I) Minimum buildable street frontage. 75% of lot width. (g) Height regulations. Maximum height is 6 stories or 84 feet which ever is less. Above four stories there shall be a stepback of the building's principal facade of no less than 15 ft. (h) Parking regulations. No parking lots are allowed to be located in the front or side build -to -zone facing a public right of way. . 161.22 Downtown General. (a) Purpose. Downtown General is a flexible zone, and it is not limited to the concentrated mix of uses found in the Downtown Core or Main Street / Center. Downtown General includes properties in the neighborhood that are not categorized as identifiable centers, yet are more intense in use than Neighborhood Conservation. There is a mixture of single-family homes, rowhouses, apartments, and live/work units. Activities include a flexible and dynamic range of uses, from public open spaces to less intense residential development and businesses. For the purposes of Chapter 96: Noise Control, the Downtown General district is a residential zone. (b) Uses. (1) Permitted uses. Unit I City-wide uses by right Unil4 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 15 Neighborhood shopping goods Unit 25 Professional offices Unit 26 Multi -family dwellings Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 14 Hotel, motel and amusement services Unit 16 Shopping goods Unit 17 Trades and services Unit 19 Commercial recreation, small sites Unit 24 Home occupations Unit 28 - Center for collecting recyclable materials Unit 36 Wireless communication facilities (d) Density. None (d) Bulk and area regulations. (I) Lot width minimum. Dwelling -all unit ty es) 18 ft. (2) Lot area minimum. None. (e) Setback regulations. II Front The principal facade of a building shall be built within a build -to zone that is located between the front property line and a line 25 ft. from the front property line. Side, facing street The principal facade of a building shall be built within a build -to zone that is located between the front property line and a line 25 ft. from the front property line. Side, internal None Rear, without 5 ft. easement or alley Rear, from center line 12 ft. of an easement or alley Note: If the Regulating Plan shows an alley along the rear, side, or across a property line, adjustments to setbacks might be necessary. See Section 161.26(C)(3)-(8). (f) Minimum buildable street frontage. 50% of lot width. (g) Height regulations. Maximum height is 4 stories or 56 feet which ever is less. (h) Parking regulations. No parking lots are allowed to be located in the front or side build -to -zone facing a public right of way. 161.23 Neighborhood Conservation (a) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other zones. Although Neighborhood Conservation is the most purely residential zone, it can have some mix of uses, such as civic buildings. Neighborhood Conservation serves to promote and protect neighborhood character. For the purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a residential zone. (b) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-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 10 Three-famil • dwellings Unit 12 Offices, studios and related services Unit 24 Home occupations Unit 25 Professional services Unit 28 Center for collecting recyclable materials Unit 36 Wireless communication facilities (c) Density. 10 Units/Acre (d) Bulk and area regulations. (I) Lot width minimum. Single Family 40 ft. Two Family 50 ft. Three Famil • 60 ft. (2) Lot area minimum. 4,000 Sq. Ft. (e) Setback regulations. Front The principal facade of a building shall be built within a build -to zone that is located between the front property line and a line 25 ft. from the front property line. .Side, facing street The principal facade of a building shall be built within a build -to zone that is located between the front property line and a line 25 ft. from the front property line. Side, internal, if 5 ft. adjoining a similar use unit. Side, internal, if 5 ft. adjoining a different use unit Rear, without 5 R. easement or alley Rear, from cenler line 12 ft. of an easement or alley Note: If the Regulating Plan shows an alley along the rear, side, or across a property line, adjustments to setbacks might be necessary. See Section 161.26(C)(3)-(8), (1) Minimum buildable street frontage. 40% of lot width. (g).Height regulations. Maximum height is 3 stories or 45 feet which ever is less. 161.24 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 arc 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 aces 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 50 ft. Front, when adjoining C, I, or P districts 25 ft. Side. when adjoining A or R districts 50 ft. Side, when adjoining C, 1, or P districts 10 ft. Rear, when adjoining C, I, or P districts 10 ft. (F) Height regulations. There shall be no maximum height limits in I -I 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., An. 5(Vtll); Ord. No. 2351, 6-2-77; Ord. No. 2430,3-21-78; On!. 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) 161.25 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. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 6 Agriculture Unit 7 Animal husbandry Unit 12 Offices, studios and related services Unit 18 Gasoline service stations & drive-in restaurants Unit 20 Commercial recreation, large sites Unit 21 Warehousing and wholesale Unit 22 Manufacturing Unit 23 Heavy industrial Unit 28 Center for collecting recyclable materials (2) 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 or R districts 100 ft. Front, when adjoining C. I or P districts 50 ft. Side, when adjoining A or R districts 50 ft. Side. when adjoining C, I or P districts 25 ft. Rear 25 ft. (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, An. 5(IXL Ord No. 2351, 6-2r-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) 161.26 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. (I) 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 Unit 3 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 ft. Front, if parking is allowed between the right- of -way and the buildin 50 ft. Side 20 It Side, when contiguous to a residential district 25 ft. Rear 25 ft. 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 feetshall be set back from any boundary line of any residential district a distance of one foot for each toot 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(X1); Ord. No. 2603; Ord. No. 2603, 2-19-80; Ord. No. 2621, 4-1-80; 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) 161.27 District E-1, Extraction (A) Purpose. The Extraction District is designed to provide areas for the commercial removal of natural accumulations of sand, clay, silt, gravel, rock, and any mineral where such removal may cause groundwater problems, noise, dust, traffic problems, erosion, and safety concerns. '. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 30 Extractive uses (2) Conditional uses. II Unit 2 I City-wide uses by conditional use permit (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 planning principles. (2) Lot area minimum. Ii Lot area minimum 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, §150.047; Ord. No. 3546, 4-16-91; Ord, No. 4100,-§2 (Ex. A), 6-16-98, Ord. No. 4178, 8-31-99) 161.28 Design Overlay District (I-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/kta 71B) north to the city limits of Fayetteville, (a/k/a the 71 Bypass and/or John Paul Hammerschmidt Expressway), and also that portion known as State Highway 471 S 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 District: 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. (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) Signs (a) The only permitted free standing signs shall be monument signs. Only indirect lighting may be used for illumination of all signs. (b) All signs shall otherwise comply with Chapter 174 Signs and any variance shall be considered pursuant to § 156.06 of the Unified Development Code. (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. Li flfl25flr Curb Cuts -Must be atIn Least 2ion' from Intersection (4) Exterior appearance. All structures shall be architecturally designed to have front facades facing 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. (5) 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. (6) 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. (7) 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. (8) Outdoor storage of material and equipment. All outdoor storage of material and equipment shall be screened with natural vegetation. (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). his Stop `Sidewall Multi -modal Access (--Commercial (—Residential Pedestrian Linkages to Different Zones (L) 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 nonresidentialdevelopmentwithin the Design Overlay District shall be reviewed through the large scale development procedure and shall meet all those requirements regulating large scale developments regardless of the size of the tract. (G) Exemptions. (I). Undeveloped or partially developed lots in nonresidential subdivisions lying within the Design Overlay District for 1-540 Highway Corridor which have received preliminary or final approval as nonresidential subdivision prior to June 28, 1994, are hereby exempt from compliance with Ordinance No. 3806 (§161.21). (2) Owners of lots within nonresidential subdivisions which obtained preliminary or final approval as nonresidential subdivisions prior to June 28, 1994, and not included in the specifically exempted properties may apply for an exemption to the Fayetteville Zoning and Development Administrator. The Zoning and Development Administrator shall respond to the application in writing within 10 working days of the receipt of the application. (3) Completed development upon property subject to such exemption not in compliance with the standards set forth in Ordinance No. 3806 (§ 161.21) shall be considered pre-existing 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, §1, 12-15- 98; Ord. 4725, 7-19-05; Ord. 4784, 10-18-05) Cross rererence(s)—Appeals, Ch. 155; Variances, Ch. 156. 161.29 Planned Zoning District (A) Purpose. The intent of the Planned Zoning District is to permit and encourage comprehensively planned developments whose purpose is redevelopment, economic development, cultural enrichment or to provide a single -purpose or mixed -use planned development and to permit the combination of development and zoning review into a simultaneous process. The rezoning of property to the PZD may be deemed appropriate if the development proposed for the district can accomplish one or more of the following goals. (1) Flexibility. Providing for flexibility in the distribution of land uses, in the density of development and in other matters typically regulated in zoning districts. (2) Compatibility. Providing for compatibility with the surrounding land uses. (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. Is (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 developmentsconsistent with the guiding policies of the General Plan. (70)Special Features. Better utilization of sites characterized by special features of geographic location, topography, size or shape. (B) Rezoning. Property maybe 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) All permitted uses identified within §162 Use Units of the Unified Development Code shall be allowed as permissible uses, unless otherwise specified, subject to City Council approval of the Planned Zoning District request. (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. (4) Conditional Uses. All conditional uses allowed within (Residential, Commercial, Industrial) zoning Districts established in the Unified Development Code shall be allowed with Planning Commission approval, unless otherwise specified, subject to the code governing Conditional Use requests. (D) C-PZD, Commercial Planned Zoning District (I) 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. 1'he 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. (c) To accommodate larger scale suburban developments of mixed -uses in a harmonious relationship. (2) All permitted uses identified within §162 Use Units of the Unified Development Code shall be allowed as permissible uses, unless otherwise specified, subject to City Council approval of the Planned Zoning District request. (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. (4) Conditional Uses. All conditional uses allowed within (Residential, Commercial, Industrial) zoning Districts established in the Unified Development Code shall be allowed with Planning Commission approval, unless otherwise specified, subject to the code governing Conditional Use requests. (L) 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) All permitted uses identified within §162 Use Units of the Unified Development Code shall be allowed as 94 I. permissible uses, unless otherwise specified, subject to City Council approval of the Planned Zoning District request. (a) In no instance shall the industrial use area be less than fifty-one percent (51%) of the gross leasable floor area within the development. (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. (4) Conditional Uses. All conditional uses allowed within (Residential, Commercial, Industrial) zoning Districts established in the Unified Development Code shall be allowed with Planning Commission approval, unless otherwise specified, subject to the code governing Conditional Use requests. (F) Bulk and area regulations. (1) Residential density. Residential densities shall be determined on the basis of the following considerations: I. The densities of surrounding development; 2. the densities allowed under the current zoning; 3. the urban development goals and other policies of the city's General Plan; 4. the topography and character of the natural environment; and 5. 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. (4) 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. (Ord. No. 4434, § I (Ex. A), 11-19-02; Ord. 4717, 7-5-05; Ord. 4764, 09-20-05) 161.30-161.99 Reserved P EXHIBIT "E" The following language is to be inserted in Chapter 162 Use Units: 162.01 EstablishrnentlListing (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 universit Community center Crematorium Dormitory Eldercare Hospital Mausoleum Playfield, playground Private club or lodge School: Elementary •Junior High •Senior High Swimming pool Tennis court Theater (legitimate) Cross-reference(s)--Parking and Loading, Ch. 172. (E) Unit 5. Government facilities. (I) Description. Unit 5 consists of the main facilities of government agencies. (2) Included uses. City or county jail Courts of law Fire station Governmental agencies and offices Library Police station Post office Detention Home (T) Unit 20. Commercial recreation, large sites. (1) Description. Unit 20 consists of commercial recreation facilities which are usually conducted out-of-doors, on large sites, and in undeveloped, outlying parts of the city. Uses in 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 ark' Drag strip Drive-in theater Fairgrounds Fishing dock Go-cart track Golf range, golf course Miniature golf Race track Zoo EXHIBIT "F" Thelollowing language is to be inserted in Chapter 164 Supplementary District Regulations: 164.12 Nonconforming Uses and Structures (I) Designated Preservation Structures. Significant structures as designated by City Council resolution as worthy of preservation shall be exempted from the provisions of this section. „1+1 r t .\ in EXHIBIT "G" Language to be inserted in Chapter 166 Development: 166.14 Commercial Design And Development Standards (B) Applicability. Commercial design and development standards apply to all ,convnercial and office development. 4 '+ t. .7 V 4 2.M •y t. ��yy jy,aY� EXHIBIT "H" Language to be inserted in Chapter 167 Tree Preservation and Protection:• 167.04 Tree Preservation and Protection During Development (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 I under Percent Minimum Canopy, unless the Applicant has been approved for On -Site Mitigation or Off - Site Alternatives as set forth in subsections!. & J. below. The square foot percentage of canopy area required for preservation in new development is based on the total area of the pr pey for which the Applicant is seeking approval, less the right-of-way and park land dedications An Applicant shall not be required to plant trees in order to reach the Percent Minimum Canopy regtrment on land where less than the minimum exists prior to development, unless trees have been removed. '4K Table Minimum Canopy Ret ZONING DESIGNATIONS PERCENT MINIMUM ,,CANOPY R -A, Residential - Agricultural t25a/o (nonagricultural uses) ry RSF-.5, Single-family Residential — 26✓ One Half Unit per Acre RSF-1, Single-family Residential— 25%t A One Unit er Acre;, , RSF-2, Single-family)bsidentia 20% Two Units per Acres RSF-4,.Single-fafrily`k-Osidential &W 25% Four Units perAcre �9 Abs*_. "n F I RSF-7, Single-family Residentia— Yi .. c30P/o:: -. Seven Units er Aere„ RSF/-8 Ingle -family k6sidential'=" 20 Ei ht Units per Acre VWk R Re's_idential —Office x'20% RT 12Tiib and Three fardil� - a'f:, 20% Resident RMF-6, Multi,faTnilyResideritial —;Six 20% Units per Acre RMF-1.2, Multi-farhly'Rejdential — 20% Twelve Units per Acre RMF-18, Multi -family Residential — 20% Eighteen Units per Acre RMF-24, Multi -family Residential — 20% Twenty -Four Units per Acre RMF-40,Multi-family Residential — 20% Forty Units per Acre C-1, Neighborhood Commercial 20% C-2, Thoroughfare Commercial 15% C-3, Central Business Commercial 15% DC, Downtown Core 10% • • • T ) d MSC, Main Street Center 10% DG, Downtown General 10% NC, Neighborhood Conservation 20% I-1, Heavy Commercial and Light Industrial 15% 1-2, General Industrial 15% P-1, Institutional 25% All residential zoning districts and C -I districts within the Hillside/Hilltop Overlay District shall have their percent minimum canopy requirements increased by 5% to a total requirement'ofeither 30% or 25%. L. EXHIBIT "I" Language to be inserted in Chapter 172 Parking and Loading: 172.05 Standards For The Number Of Spaces By Use (A) Off-street parking. (2) Change of use — waiver. Downtown Core, Main Street Center, and Downtown General 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 em arking requirements of the City of Fayetteville. For enlarged buildings, additional parkin spac will be calculated by the amount of square footage that is added. ASK (3) Building footprint — waiver. In Downtown Core, Main zoning districts, parking requirements are waived fof,3s building which existed and has been removed since Qcfoi (4) Downtown Core, Main Street Center, and Dow l'O n General,Zo use areas - Accessory outdoor patios, balconie�ecks, and oSh restaurants and bars shall be exempt from meeting o street€par} C4 zoning districts. dtdid Downtown General footage"footprint" of any in ordet .ebuild. g Districts accessooutdoor similar outdooru se areas for 6 requirements in he C-3 and I Ii EXHIBIT "J" Language to be inserted in Chapter 174 Signs: 174.10 On -Site Freestanding Signs It shall be unlawful to erect any freestanding sign which total height is greater than 30 feel above the level (D) C Districts and Downtown Master Plan Zoning Districts (Downtown Core, Alain Street Center, Downtown General). AO11 aco-19SS 1t r" 0(O- IGS� TO: THRU FROM: DATE: SUBJECT: Mayor and City Council Gary Dumas, Operations Director Tim Conklin, Planning and Development Leif Olson, Long Range Planner August 8, 2006 Downtown Master Plan Zoning Code Development Code Planning Staff recommends the following anif (UDC) in order to clarify language regardiiigt and the adoption of the Downtown Master P1'a changes have been made to Chapter 161 — Zor x>a.14+ readopted in its entirety.. Staffhasproposed an Conservation Zonmg.District whiab1would set units allowed in this distn t. 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 49 •1 the Unified i to the Unified Development Code val of the C-4.Downtown District rzti. t„ zonln g di stricts. Significant ncts, andf his chapter should be its to the Neighborhood limits and remove some of the use Additionally„Stall recommends=amendi6gjFee following chapters which are impacted by the adoption�ofthe D�MP�zonl g"districts: 151- Definitions, 156 — Variances, 160 — ZoningDistricts 162 -`Use Units "164,- Supplementary District Regulations, 166 — Development, 167 — Tree Per servahon l.72 - Parking and Loading, and 174 — Signs. Plammng'Staff,also recommends amending the City of Fayetteville's Official Zoning Map by adopting`theproposed Downtown Zoning Districts. In order to clarify'the'amendments that are proposed this report steps through each chapter and explainssw}atfias been added or removed. Chapter 151 Definitions has been amended to add new definitions that relate to the Downtown Master Plan Zoning Districts. Chapter 156 Variances has been amended to remove the C-4 Downtown District and replace it with the three DMP Zoning Districts. Chapter 160 Zoning Districts has been amended to remove the C-4 Downtown District and inserting the DMP Zoning Districts. I rd Chapter 161 Zoning Regulations has been amended by removing the C-4 Downtown District and inserting the DMP Zoning Districts. Additionally, Staff is recommending that in the Neighborhood Conservation Zoning District that Use Unit 4 is moved from a Use by Right to a Conditional Use and that Use Units 5, 13, and 15 are removed altogether from this Zoning District. Staff also recommends a 10 unit per acre density and a lot area minimum of 4,000 sq. ft. Chapter 161 should be re -adopted in its entirety. Chapter 162 Use Units has been amended to move detention homes from Use Unit 4 (Cultural and Recreational Facilities) to Use Unit 5 (Government Facilities) and to move Zoos from use unit 4 (Cultural Recreation Facilities) to Use Unit. 20 (Commercial Recreation, large sites). This does not relate specifically to the Downtown Master Plan, however, staff felt that these changes were warranted and now was a good time to propose moving these Use Units. Chapter 164 Supplementary District Regulations has been amended to add language, that enables the City Council to designate structures for preservation. This amendment.is - necessary to exclude certain civic or cultural structures from the provisions of the Downtown Master Plan. Chapter 166 Development has been amended:to;remove the table of commercial districts I from the Commercial Design and DevelopmentVStandards and replacexit with language that applies to all commercial and office development. . Chapter 167 Tree Preservationrand Protection liaM been amended to include the Downtown Master Plan,Zoning Diisiricts with accompanying tree preservation percentages to the Tree Preservation Percentage table. Chapter 172 Parking and Loading Hasbeen,arnended to add the DMP Zoning Districts to the standards forihe amber of paces by use section. Chapter 174 Signs has beeii{amende�dvioiadd the DMP Zoning Districts to the requirements for on -site freeestanding signs. Language to be removed is in•strikethrough and language to be added is in bold. EXHIBIT "A" Language to be removed is in strikethrough and language to he added is in hold to be inserted in Chapter 151 Definitions: §151.01 Definitions. deer way-sde valk er-olhc space bc10 from the -elements either a cantilever orbrackets. parapet: 7� ( ) Block: A combination of building lots the perimeter of whicha'buts streets. (8) Build -to line: A build -to line identifies the=precise`h'orizontal dista 'e from a street right -of - V. way that the building shall be built to, in trder to create a uniform line of buildings alon The street �y ,:y g g Fi �1 (9) Build -to Zone:,A'. build to zone4is a range of allowable distances from a street right-of-way that the buildmg shall be bndt;to in order to create a moderately uniform line of buildings along the street. �4tk" Wt, (10) Building frontage: The heal side"of`a building which faces the primary space or street andkis built tothe Build -to line (1 _ wilding Height Bm18mg hetghtF ll be measured vertically from the existing natural 'grade to any part ofXfhe structure, excluding spires, cupolas, antennas, water tanks, ventilators, chimneys, orrother appurtenances usually required to be placed above the roof and notintended for man occupancy. To verify whether the height of a proposed struct es below the maximum height allowed, ;�..M. ,rev g project a parallel plane above the existing natural grade and across the entire parcel. If the structure is below the upper line, then the height limitahion::has been satisfied. t„Y (12) Civic Building:°Structure used primarily for public education, cultural performances, gatherings and displays administered by non-profit cultural, educational, governmental, and religious organizations. (-1-3)—Gplenneda A roofed,tenure; , ten.—epen to the -street suppetting-eelum 1S-er-piers- except f (11)—C-oiwk projectingzontal—decorative-molding-aleitg-Nre-repo€-a-wal}.t+r-building: ( -5)Cupola: Ademet •aura surtnouu int-a-reef-er-dame: Tienused as a to©keut er to admit light andair. (16) Curb Radius: The curved edge of street paving at an intersection, measured at the inside travel edge of the travel lane. (17) Dwelling, livelwork: A dwelling unit within which an al -home business is encouraged. Businesses are limited to a maximum of two employees that do not dwell in the principal or accessory dwelling unit. (18) Dwelling, row/louse: An attached single-family dwelling unit located oh land owned by the unit owner and situated in a row of two (2) or more similar horizontally attached dwelling units, each unit having its own separate water, sanitary sewer, ventilation and heating system, inclusive of separate utility service lines and meters, and which is separated from attached adjacent dwelling units by a fire-resistant common Wall. (20) Frontage Line: The property line or lines of a lot which coincide with a right-of-way or other public open space. (21) Habitable Space: Building space whose use involves human presence. Habitable space excludes parking garages, self-service storage facilities, warehouses, and display windows separated from retail activity. (22) Liner Building: A building built in front of a parking garage, cinema, supermarket etc., to conceal large expanses of blank wall area and to face the street space with a facade that has doors and windows. (23) L:_,,, el: a hor.;i:v+...:.1.,..._ that that uppo s+he-wei F zNC. (44) Marquee: A permahently roofed architectural projection the sides of which are vertical and are intended for the display of signs and which is st(pported entirely from an exterior wall of a iItiJiW (29) Principal Facade (For purposes of placing buildings along build -to lines or build -to zones): The front plane of a building not including stoops, porches, or other attached architectural features. (30) Rear Access Lane: A publicly or privately owned secondary way that affords access to the side or rear of abutting property. (323 Squerrt: by-siceets or other vehicular passages (33j Steo/3=A small plffikni-2doer. co nenly-eevered-by-a seeendat-,-eef orav ring. . (34) Storefront: The portion of a building at the first story of a retail frontage that is made available for retail use. (3) —story` A- oer-level within a building ( Jb (36)Streetw aA- he -vertical -surfs cc of -a -building or structure ai face :s-publ .....n -space. (37)—saruerured P ar1cstacked tally—.. "+ IL (38) streets- e ti T a F3Tteroug#flirt. 'I/Icy A 'dti leading;-serviee end -employee a i faref eo''rtg�'orkrng funst#ed use zo„�mere;el-a;,d-.-..=ae�.,e buildings: �t:: f erer+gfrjrtreBoulevard: A ,'fra' , thoroughfare mobility -while -R=..�.R.g-a-ten,me '.,,e�,.id b �,.,m,lj�.e n,.._ medians, age -pedestrian SidewallfS-Bud-paralle]-par-ltin" "'h^_-,.• .^rr- 4 ti- way -Boulevards-ace speeii-led-with ccnterziavcl lanes, ad+acent� ed,« ..:] , s' T ♦f access -lanes. The outer lanes medians are pedestrian fti�ndly�nd th�ijier lanes serve vC,i tnebdny- q� mom.' � 'C few aeGeSS-nc--''. ::�:aeaFol-resido• , ,, bilit -and ttit. (12) I7.,,1ettii JQ \.In�tr In # J r wnh features that encourage -pQde iAOYCfi- il. -"a. p`.. .' Afian rli'�N�„R�}ilg-9-t-emp@tt iallC ,•:«.. ., both sides where the e6re-mpre ornpact and aetisty is more intense, angle (or diagonal) parking is ti 1 {. (13 q±7o,�9ughf9rc, -Road. & eneralthoroughfare found in a less dense -urban -setting, (44)—Tereub+leja;e,^-Street --Argen or- four- travela:tii' ?s-ard-»erktng-Se1..,- ..o (15) Tu " " "mall -tower or tower -shaped -projection -en-a-buildiug EXHIBIT "B" Language to he removed is in strikethrough and language to be added is in hold. To be inserted in Chapter 156 Variances: §156.02 Zoning Regulations (B)(3)(a) Number of spaces. The Planning Commission shall have the authority to vary the number of off-street parking spaces required in C 3 and rte" the Downtown Core, Main Street Center and Downtown General Districts. (B)(3)(c) Conditions. All waivers shall meet the conditions listed below: (i) Cam -and -C-4 Downtown Core, Main Street Center, and Downtown General Districts. Conditions for waivers in Downtown Core, Main 'Street Center, and Downtown General Districts: e j (B)(5) Building height variance in residential single -Jam i/v zoning districts. (a) The Planning Commission shall have the authority to grant a variance to allow a proposed structure to exceed building height limits in RcsidoThial SingloPdrnily all Zoning Districts in (hose instances where, owing to special conditions and circumstances, literal enforcement of the building height restrictions would result in unnecessary'hrdship or the applicant can show that the additional height requested will not adversely affect adjoining or neighboring property owners. • • .M1 'u I[A EXHIBIT "C" Language to be removed is in strikethrough and language to be added is in bold. To be inserted in Chapter 160 Zoning Districts 160.01 Establishment of Districts The following zoning districts are hereby established: ZONING DISTRICTS R -A Residential - Agricultural 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 RSF-4 Residential Single-family— Four Units per Acre RSF-7 Residential Single-family — Seven Units per Acre RT-12 Residential Two and Three-family }3 RMF-6 Residential Multi -family — Six Units per.' Acre F. RMF- 12 Residential Multi -family —Twelve Units per Acre RMF- 18 Residential Multi -family` -;Eighteen Units per Acre, f RMF- 24 Residential, Multi -family — Twenty -Four Units per Acre k`3',. r z RMF- 40 R -O Residential MUIII-family,` .Fort`y Unit perAce...-r ResidentiaPOffice4t. C-1 C-2 , ?,Neighborhood Commercial - A Thoroughfare Commercial C-3 Gen'tral Business Commercial G-4 gewewn4 DC Downtown Core MSC Main Stfd'WCenter .31r' DG Downtown`General' NC Neighborhood,Cohservation 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 EXHIBIT "D" Language to be removed is in strikethrough and language to be added is in bold. This chapter is being re -adopted in its entirety. •. :.... ' TIT�IE� UIED 'ELOPE+MT COIF, CRAP E12' 61:{Z ! NING RECD L rTIO „ t - 161.02 CERTIFICATE OF ZONING COMPLIANCE.....................................................................................3 161.03 DISTRICT R -A, RESIDENTIAL-AGRICULTURAL............................................................................3 161.04 DISTRICT RSF-.5, RESIDENTIAL SINGLE-FAMILY - ONE HALF UNIT PER ACRE ....................4 161.05 DISTRICT RSF-1, RESIDENTIAL SINGLE-FAMILY - ONE' UNIT PER ACRE...............................5 161.06 DISTRICT RSF-2, RESIDENTIAL • SINGL E-'FAMILLYY -TWO UNITSER ACRE ............................5 ftt 161.07 DISTRICT RSF-4, RESIDENTIAL SINGLE-FAMILY - J FOUR UNITS PER ACRE ..........................5 161.08 DISTRICT RSF-7, RESIDENTIAL SINGLE-FAMILY - SEVEN UNITS PER ACRE ........................6 161.09 DISTRICT RSF-8; RESIDENTIAL SINGLE-FAMILY - EIGHT UNITS PER ACRE..........................6 161.10 DISTRICT RT-12, RESIDENTIAL TWO AND THREE FAMILY........................................................7 161.11 DISTRICT RMF 6�-P 161.12 DISTRICT RMF-12, 161.13 DISTRICT RMF-18, 161.14 DISTRICT'RMF-24, error AL MULTI -FAMILY - SIX UNITS PER ACRE.................................8 EIP LJMULIT-FAMILY - TWELVE UNITS PER ACRE .....................8 MULTI -FAMILY - EIGHTEEN UNITS PER ACRE ..................9 MULTI -FAMILY - TWENTY-FOUR UNITS PER 161.15 DISTRICT RMF-40 RESIDENTIAL MULTI -FAMILY - FORTY UNITS PER ACRE ........... 161.16 DISTRICT R -O, RESIDENTIAL OFFICE.............................................................................. 161.17 DISTRICT C-1, NEIGHBORHOOD COMMERCIAL ............................ 161.18 DISTRICT C-2, THOROUGHFARE COMMERCIAL .................................. 161.19 DISTRICT C-3, CENTRAL COMMERCIAL ................................................ 161.20 DISTRICT DC, DOWNTOWN CORE.......................................................... 161.21 DISTRICT MSC, MAIN STREET CENTER........................................................................................14 161.22 DISTRICT DG, DOWNTOWN GENERAL..........................................................................................14 161.23 DISTRICT NC, NEIGHBORHOOD CONSERVATION......................................................................15 161.24 DISTRICT I-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL .................................. 161.25 DISTRICT 1-2, GENERAL INDUSTRIAL........................................................................... 161.26 DISTRICT P-1, INSTITUTIONAL.......................................................e:.......,.............. 1�,. 161.27 DISTRICT E-1, EXTRACTION ................. ................17 Asa 161.28 DESIGN OVERLAY DISTRICT (1-540 HIGHWAY CORRIDpDOR).......... 17 161.29 PLANNED ZONING DISTRICT ............................ 19 161.30-161.99 RESERVED .............................. .................19 CHAPTER 161: ZONING REGULATIONS 161.01 Application of District Regulations Minimum regulations/exceptions. The regulations set by this chapter within each district shall be minimum regulations and shall apply unifomrly for each class or kind of structure or land, except as hereinafter provided: (A) General. No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformity with all the regulations herein specified for the district in which it was located. (B) Limitations. No building or other structure shall hereafter be erected or altered: (1) Height/bulk. To exceed the height or bulk; (2) Number ofunus. To accommodate or house a greater number of units: (3) Lot area. To occupy a greater percentage of lot area; (4) Seibackiopen spaces. To have narrower or smaller rear setbacks, front setbacks, side setbacks, or other open spaces than herein required; or (5) .Other. In any other manner contrary to the provisions of this chapter. (C) Independent compliance. No part of a setback, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter shall be included as part of a setback, open space, or off-street parking or loading space similarly required for any other building. (D) Effective date. No setback or lot existing on June 29, 1970, shall be reduced in dimension or area below the minimum requirements set forth herein. Setbacks or lots created after June 29, 1970, shall meet at least the minimum requirements e ttabhshedby this chapter. (E) Annexation. All teniiio which may, hereafter be annexed to the city shall be considered to be in District A -I until the territory is rezdned.as provided herein. ." qnt 4a (F) Measuring setbacks. • • kn ed , (1) Ed Measured from the sl eehright-of-way, or street right-of-way setback as required by the Master 4t'reet Plan. (2) Side.'Ivteasured from the -side property line. (3) Rear. Measured from the rehr property line. (4) Corner. A comec,Jot has'two fronts and two sides. (G) Conditional Uses. These uses are permissible if approved by the Planning Commission. See Chapter 163, Use Conditions. (Code 1965, App. A., Art. 3; Ord. No. 1747, 6-29-70. Code 1.991, §160.016; Ord No.4100. §2 (Ex A). 616-98) 161.02 Certificate Of Zoning Compliance (A) Required. It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered, or enlarged in its use or structure until a certificate of zoning compliance shall have been issued therefore by the Zoning and Development Administrator stating that the proposed use of the building or land conforms to the requirements CD162:12 of this chapter. (8) Nonconforming use/structure. No non -conforming structure or use shall be renewed, changed, or extended until a certificate of zoning compliance shall have been issued by the Zoning and Development Administrator. The certificate of zoning compliance shall state specifically wherein the nonconforming use differs from the provisions of this chapter. The Zoning and Development Administrator shall maintain a record of all certificates of zoning compliance, and a copy shall be furnished upon request to any person. (C) 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)--Enforce nevi, Ch. 153. 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 right Unit 3 Public protection and utility facilities Unit 6 Agriculture Unit 7 Animal husbandry Unit B 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 (D) Bulk and area regulations. Lot width minimum 200 ft. Lot Area Minimum: Residential: 2 acres Nonresidential: 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 -I 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 fool 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., An. 5(I); 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) 161.04 District Rsf-.S, 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. (8) Uses. (1) Permitted uses. Unit I 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 One-half (aroximatel (D) Bulk and area regulations. Lot width minimum 200 tt. Lot area minimum 71438 S . Ft. Land area per dwelling unit 71, 438 Sq. Ft. (D) Setback requirements. Front Side I Rear 35 ft. 20 ff. .1 (F) Height. Structures in this District are limited to a building height of 45 feet. The height of a proposed structure may only be increased above 45 feet by obtaining a variance alter hearing by the Planning Commission. Existing structures that exceed 45 feet in height shall be grandfathered in, and not considered nonconforming uses. (E) Building area. None, (Code 1991, §160.043; Ord. No. 3792, §4, 5-17-94; Oni. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. 4858, 4-18-06) 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. (F) Permitted uses. Unit 1 City-wide uses by right Unit 6 Sin le-famit dwellm s (G) 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 (1-1) ©Density. Units per acre I 1 II (D) Bulk and area regulations. Lot width minimum 150 ft. Lot area minimum 35.720 Sq. Ft. Land area per dwelling unit 35,720 Sq. Ft. too Setback requirements. Ii Front I Side I Rear ii I20K. I 3511. (F) Height. Structures in this District are limited to a building height of 45 feet. The height of a proposed structure may only be increased above 45 feet by obtaining a variance after hearing by the Planning Commission. Existing structures that exceed 45 feet in height shall be grandfathered in, and not considered nonconforming uses. 100 Building area. None. I Code 1965, §160.44; Ord. No 3792, §4, 5-17-94; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. 4858, 4-18-06) 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 (8,000 sq. ft.), and to permit and encourage the development of low density detached dwellings in suitable environments,: as well as to protect existing development of these types. (B) Uses. 100 Permitted uses. Unit 8 City-widefa uses by right Unit 8 Single-family dwellings 100 Conditional uses. Unit 2 permit City-wide uses by conditiEfaclli6ltels Unit 3 Public protection and utility ies Unit 4 Cultural and recreationalUnit 24 Home occu ations Unit 36 Wireless communications 100 ©Density. Units per acre I 2 jJ (D) Bulk and area regulations. Lot width minimum 100 ft. Lot area minimum 17,860 Sq. Ft. Land area per dwelling unit 17,860 Sq. Ft. (E) Setback requirements. Front Side Rear 30 ft. 15 ft. 30 ft. (F) Height. Structures in (his District arc limited to a building height of 45 feet: The height of a proposed structure may only be increased above 45 feet by obtaining a variance after hearing by the Planning Commission. Existing structures that exceed 45 feet in height shall be grandfathered in, and not considered nonconforming uses. (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; Ord. 4858, 4-18-06) 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 pemiit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 9 Iwo -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 Two-family dwellings dwellings minimum width 70 ft. Soft. rea minimum [dwelling 8.000 sq. II 12,000 sq.-it. area per 8,000 sq. ft. 6,000 sq. ft. unit ide Overlay 60 fl. 70 ft. District Lot minimum width Hillside Overay 8,000 sq. ft. 12,000 sq.-ft. District Lot area minimum Land area per 8,000 sq. It. 6,000 sq. ft. dwellin unit (E) Setback requirements. FRONT SIDE REAR 2511. 89. 20 ft. HOD Front HOD Side HOD Rear 1511. 59. 15 ft. (F) 1 -/eight. Structures in this District are limited to a building height of 45 feet. The height of a proposed structure may only be increased above 45 feet by obtaining a variance after hearing by the Planning Commission. Existing structures that exceed 45 feet in height shall be grandfathered in, and not considered nonconforming uses. (6) 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; Ord. 4858, 4-18-06) 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) Pernnued 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 (L) Density. By Ri ht 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 60 ft. Two-family 60 ft. Townhouse, no more than two attached 30 It. (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. ft. (3) Land area per dwelling unit. Single-family 6.000 sq. ft. Two-family 3,000 sq. ft. Townhouse, no more than two attached 3,000 sq. ft. (E) Setback requirements. IJ Front I Side I Rear II Ii 25f1. I Bit. I 20 ft. ii (F) Height. Structures in this District are limited to a building height of 45 feet. The height of a proposed structure may only be increased above 45 feet by obtaining a variance after hearing by the Planning Commission. Existing structures that exceed 45 feet in height shall be grandfathered in, and not considered nonconforming uses. (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; Ord. 4858, 4-18-06) Cross reference(s)--Variance, Ch. 156. 161.09 District RSF-8, Residential Single -Family -8 Units Per Acre (A) Purpose. The RSF-8 Residential District is designed to bring historic platted development into conformity and to allow for the development of new single family residential areas with similar lot size, density, and land use as the historical neighborhoods in the downtown area. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit B 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 8 or less — Two-family dwelling — units per acre 8 (D) Bulk and area regulations. (1) Lot width minimum. Single-family 50 ft. Two-family 50 ft. Townhouse, no more than two attached 25 ft. (2) Lot area minimum. Single-family 5,000 sq. ft. Two-family 5,000 sq. ft. Townhouse, no more than two attached 2,500 sq. ft. (3) Land area per dwelling unit. Single-family 5,000 sq. ft. Two-family 5,000 sq. ft. Townhouse, no more than two attached 2,500 sq. ft. (E) Setback requirements. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Front Side Rear --� 115 n. l 5(t. 511. (F) Height regulations. Building height maximum p45 ft. II (G) Building area. The area occupied by all buildings shall not exceed 50% of the total lot area, except when a detached garage exists or is proposed; then the area occupied by all buildings shall not exceed 60% of the total lot area. (Ord. 4783, 10-18-05) 161.09-161.10 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. (B) Uses. (1) Permitted uses. (2) Conditional uses. (C) Density. Units per acre I 12 or less (D) Bulk and area regulations. (E) Setback requirements. Front Side Rear 25f1. 8ft. 20f1. 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 Single-family Two-family Three-family Lot width 60 ft. 70 ft. 90 ft. minimum Lot area 6,000 sq. II. 7,260 sq. ft. 10890 sq. ft. minimum Land area 6,000 sq. ft. 3,630 sq. ft. 3630 sq. ft. per dwelling unit (F) Height regulations. Building height maximum I 30 ft. It ((I) Building area. The area occupied by all buildings shall not exceed 50% of the total lot area. (Code 1965, App. A., .An. 5(IIA): Ord. No 3128, 10-1-85; Code 199], §160.032; Ord No. 4100. §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99) Cross referenee(s)--Variance, Ch. 156. 161.10 161.11 District Rmf-6, Residential Multi -Family — Six Units Per Acre (A) Purpose. The RMF-6 Mulli-family Residential District is designed to permit and encourage the development of mule -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 -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 communicabons facilities (C) Density. Ii Units per acre I 4 to 6 (D) Bulk and area regulations. (1) Lot width minimum. Manufactured home park 100 ft. Lot within a manufactured home park 5011. 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 s . ft. Single-family 6,000 s . ft. Two-family 7,000 s . ft. Three or more 9,000 s . 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. ft. One bedroom 1,700 sq. ft. Two or more 2,000 sq. ft. bedrooms Fraternity or Sorority 1,000 s . ft. per resident (E) Setback requirements. Front J Side Rear 25 ft. J 8 ft. 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) 161.11 161.12 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 City-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 paric Unit 24 Home occupations Unit 25 Professional offices Unit 36 Wireless communications facilities (C) Density. Units per acre 4 to 12 (D) Bulk and area regulations. (l) Lot width minimum. Manufactured home park 100 h Lot within a manufactured home park 50 ft Single family 608. 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. ft. Single-tamily 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, ft. One bedroom 1,700 sq. ft. Two or more 2,000 sq. fl. bedrooms Fraternity or Sorority 1,000 sq. ft. per resident (E) Setback requirements. Front Side Rear 25 ft. 8 ft. 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 fool for each foot of height in excess of 20 feet. (G) Building area. None. (Ord. No. 4325, 7-3-01) -}61.12 161.13 District Rmf-18, Residential Multi -Family — Eighteen Units Per Acre (A) Purpose. The RMF-18 Mulli-family Residential District is designed to permit and encourage the development of multi -family residences at a medium density that is appropriate to the area. (8) Uses. (1) Permitted uses. Unit 1 City-wide uses by Unit 6 Sin le-famil dUnit 9 Two-famil dweUnit 10 Three-famil dwUnit 26 Multi-famil dwe (2) Conditional uses. • Unit 2 Unit 3 City-wide uses by conditional use emit 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 r acre 4t0 18 jJ (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 it. 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. A. 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. ft. One bedroom 1.700 sq. It. Two or more 2.000 sq. ft. bedrooms Fraternity or Sorority 1.000 sq. ft. per resident (E) Setback requirements. Front Side Rear 25W 8 ft. 25 ft. Cross reference(s)—Variances, Ch. 156. (F) Height regulations. Any building which exceeds the height of 20 feet shall be sel back from any side boundary line an additional distance of one foot for each foot of height in excess of 20 feel. (G) Building area. None. (Ord. No. 4325, 7-3-01) 161.13161.14 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 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 25 Professional offices Unil 24 Home occupations Unil 36 Wireless communications facilities (C) Density. Units per acre I 4 to 24 II (D) Bulk and area regulations. (I) 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 mobile home ark 4200 sq. ft: Townhouses: •Development •Individual lot 10,000 sq. It. 2,500 sq. ft. Single-family 6,000 sq. ft. Two-family 7,000 sq. ft. Three or more 9,000 sq. ft. Fraternity or Sorority 2 acres Professional offices 1 acres (3) Land area per dwelling unit. Man=bedroom 3,000 sq. ft. Apar •No 1,700 sq. ft. •On1,700 sq. ft. •Tw2,000 sq. ft. Fraternity 1,000 sq. ft. per resident (E) Setback requirements . • Front Side Rear 25 ft. 8ft. 25 ft. HOD Family Single Front HOD Family Single Side HOD Family Single Rear 15 ft. 8ft. 15 ft. HOD Front Two Family HOD Side Two Family HOD Rear Two Family 15 ft. 8ft. 15 ft. HOD Front Multi Family HOD Side Multi Family HOD Rear Multi Family 151t. 8ft. 150. 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(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) 161.14-161.15 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. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 6 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 occupation Unit 25 Professional offices Unil 36 Wireless communications facilities (C) Density. Units per acre I 16 to 40 II (D) Bulk and area regulations. (1) Lot width minimum. Manufactured home park 100 ft. Lol 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. 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. Manufactured home 3,000 sq. ft Townhouses & apartments No bedroom 1,000 sq. ft One bedroom 1,000 sq. ft. Two or more 1,200 sq. ft. bedrooms Fraternity or Sorority 500 sq. ft. per resident (F) Setback requirements. Front Side Rear 25 ft. Bit. 20ft. Cross reference(s)--Variance. Ch. 156. (P) 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 fool of height in excess of 20 feet. (G) Building area. None. (Code 1965, App. A., An. 5(IV); Ord. No. 2320,4-5-77; On!. No. 2700, 2-2-81; Ord. No. 1747, 6-29-70; Code 1991, §160.034; Ord. No. §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99) 4100, 161.15-161.16 District R-0, Residential Office (A) Purpose. The Residential -Office District is designed primarily to provide area for offices without limitation to the nature or size of the office, together with community facilities, restaurants and compatible residential uses. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 5 rnment facilities Unit 8 e-famil dwellin sUnit 9 famil dwellin sUnit 12 es, studios and related servicesUnit 25 ssional 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 11 Manufactured home park 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 It. Lot within a manufactured home park Single-family Zft. Two-family 60 Three or more (2) Lot area minimum. II Manufactured home park I 3 acres Lot within a manufactured home ark 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. Manufactured home 3,000 sq. ft. Townhouses & apartments: No bedroom 1,000 sq. ft. One bedroom 1,000 sq. ft. Two or more 1,200 sq. ft. bedrooms Fraternity or Sorority 500 sq. ft. per resident (D) Density. Units per acre I 4 to 24 II (L) Setback regulations. Front 30 ft. Front, if parking is allowed between the right- of-wa and the buildin 50 ft. Front, in the Hillside Overlay District 15 ft. Side 10 ft. Side, when contiguous to a residential district 15 f. Side, in the Hillside Overlay District 8 ft Rear, without easement or alley 25 ft. Rear, from center line of public alley 10 ft. Rear, in the Hillside Overlay District 15 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., An. 5(x); Ord. No. 2414.2-7-78; Ord. No. 2603,2-19.80; Ord. No. 2621, 4-I-80; Ord. No. 1747, 6-29-70; Code 1991, §160.041; Ord. No. 4]00. §2 (Ex. A),6-16-98; Ord. No. 4178, 8-31-99; Ord. 4726, 7-19-05) 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 I City -vide uses 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 Unit 3 City-wide uses by conditional use permit Public protection andutilily 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=residentiall It. Side Side, when cona districtRear (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., An. 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) 16117161.18 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 Unit 17 Trades and services Unit 18 Unit 19 Gasoline service stations & drive-in restaurants Commercial recreation, small sites Unit 20 Commercial recreation, large sites Unit 25 Professional offices Unit 33 Adult live entertainment dub or bar Unit 34 Liquor store (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 21 Warehousing and wholesale Unit 28 Center for collecting recyclable materials Unit 32 Sexually oriented business 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 15 ft. Rear 20 ft. (P) 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 fool for each foot of height in excess of 20 feet. No building shall exceed six stories or 75 feet in height. (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., An. 517); Ord. No. 1833, 11-1-7 tL Ord. No, 2351, 6-2-77; Ord. No. 2603.2 -19 -SO; Ord. No. 1747,6-29-70; Code 1991, §160 036; Ord. No. 4034. §3.4.4-15-97; Ord. No.4100, §2 (Ex. A), 6-16-98; Ord. No. 4178. 8-31-99; Ord.4727, 7-19-05) 16118 161.19 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 25 Professional offices 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 District Center Front 5 ft. 25 ft. Front, irparking is allowed between the right-of-way and the building Son. 50 ft. Side None None Side, when contiguous to a residential district 10 ft. 25 ft. Rear, without casement or alley 15 ft. 25 ft. Rear, from center line of a public alley I0B. 1011. (F) Height regulations. Maximum height is six stories or 84feet whichever is less. Above four stories, there shall be a stepback of the building's principal facade of at least fifteen feet. The height shall be measured from the mean elevation of the finished grade or sidewalk at the frontage line, whichever is higher, to the cave of the roof or cornice for a building with a parapet. Buildings already in existence or for which a large Scale Development or Planned Zoning District has been fully approved prior to the date of passage of this ordinance shall be grandfathered in and not be considered as nonconforming structures as a result of the passage of this ordinance. (Code 1965, App. A., An. 5(VII); Ord. No. 2351, 6-21-77; 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; Ord. 4727, 7-19-05; 4863, 5-02-06) . ... .. .e ® e• _ .,.e a •e.e.e: _ .,.—.: __ - _ -- 'r� Be- :t] -s,ea �-_-- --- -.i .. ®• •_ -L_ I._ - :._ , _. �-_, .-.:--°_-. : • (Co de 1965, App, A., Art. 5(VI](a)); Ord. No. 2148, 10-7-75; Ord. No. 2351, 6-21-77; Ord. 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) 161.20 Downtown Core (a) Purpose. Development is most intense, and land use is densest in this zone. The downtown core 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. For the purposes of Chapter 96: Noise Control, the Downtown Core district is a commercial zone. (b) Uses. (1) Permitted uses. Unit I City-wide uses by right 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 oods Unit 16 Shopping oods Unit 17 Trades and Services Unit 19 Commercial recreation, small sites Unit 25 Professional offices Unit 26 Multi -family dwellings Unit 34 Liquor stores Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 24 Home occupations Unit 29 Dance Halls Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities (c) Density. None. (d) Bulk and area regulations. None. (e) Setback regulations. Front The principal facade of a building shall be built within a build -to zone that is located between the front property line and a line 25 ft. from the front property line. Side; facing street The principal facade of a building shall be built within a build -to zone that is located between the front property line and a line 25 ft. from the front property line. Side, internal None Rear, without 5 ft. easement or_alley Rear, from center 12 ft. line of an easement or alley Note: If the Regulating Plan shows an alley along the rear, side, or across a property line, adjustments to setbacks might be necessary. See Section 161.26(C)(3)-(8). (f) Minimum buildable street frontage. 50% of lot width, (g) Height regulations. Maximum height is 12 stories or 168 feet which ever is less. (h) Parking regulations. No parking lots are allowed to be located in the front or side build -to -zone facing a public right of way. 161.21 Main Street/ Center (a) Purpose. A greater range of uses is expected and encouraged in the Main Street / Center. The Center is more spatially compact and is more likely to have some attached buildings than Downtown General or Neighborhood Conservation. Multi -story buildings in the Center are well - suited to accommodate a mix of uses, such as apartments or offices above shops. Lofts, live/work units, and buildings designed for changing uses over time are appropriate for the Main Street / Center. The Center is within walking distance of the surrounding, primarily residential areas. For the purposes of Chapter 96: Noise Control, the Main Street Center district is a commercial zone. (b) Uses. (1) Permitted uses. Unit 1 City-wide uses by ri hl 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 oods Unit 16 Shopping oods Unit 17 Trades and services Unit 19 Commercial recreation, small sites Unit 25 Professional offices Unit 26 Multi -family dwellings Unit 34 Liquor stores Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit IS Gasoline services stations and drive in restaurants Unit 24 Nome occupations Unit 28 Center for collecting recyclable materials Unit 29 Dance halls Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities (c) Density. None. (d) Bulk and area regulations. (1) Lot width minimum. Dwelling (all unit es) I 18 ft. (2) Lot area minimum. None. (e) Setback regulations. Front The principal facade of a building shall be built within a build -to zone that is located between the front property line and a line 25 ft. from the front property line. Side, facing street The principal facade of a building shall be built within a build -to zone that is located between the front property line and a line 25 ft. from the front property line. Side, internal None Rear, without easement 5 ft. or alley Rear, from center line 12 ft. of an easement or_alley Note: If the Regulating Plan shows an alley along the rear, side, or across a property line, adjustments to setbacks might be necessary. See Section 161.26(C)(3)-(8). (I) Minimum buildable street frontage. 75% of lot width. (g) Height regulations. Maximum height is 6 stories or 84 feet which ever is less. Above four stories there shall be a stepback of the building's principal facade of no less than 15 ft. (h) Parking regulations. No parking lots are allowed to be located in the front or side build -to -zone facing a public right of way. ' 161.22 Downtown General. (a) Purpose. Downtown General is a flexible zone, and it is not limited to the concentrated mix of uses found in the Downtown Core or Main Street! Center. Downtown General includes properties in the neighborhood that are not categorized as identifiable centers, yet are more intense in use than Neighborhood Conservation. There is a mixture of single-family homes, row'houses, apartments, and live/work units. Activities include a flexible and dynamic range of uses, from public open spaces to less intense residential development and businesses. For the purposes of Chapter 96: Noise Control, the Downtown General district is a residential zone. (b) Uses. (1) Permitted uses. Unit I City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-familySingle-famity dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 12 Offices, studios and related services Unit 13 Eating laces Unit 15 Neighborhood shopping oods Unit 25 Professional offices Unit 26 Multi -family dwellings Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 14 Hotel, motel and amusement services Unit 16 Shopping oods Unit 17 Trades and services Unit 19 Commercial recreation, small sites Unit 24 Home occupations Unit 28 Center for collecting recyclable materials Unit 36 Wireless communication facilities (c) Density. None (d) Bulk and area regulations. (1) Lot width minimum. Dwelling (all unit types) 18 ft. (2) Lot area minimum. None. (e) Setback regulations. Front The principal facade of a building shall be built within a build -to zone that is located between the front property line and a line 25 ft. from the front property line. Side, facing street The principal facade of a building shall be built within a build -to zone that is located between the front property line and a line 25 ft. from the front property line. Side, internal None Rear, without 5 ft. easement or alley Rear, from center 12 ft. line of an easement or alley Note: If the Regulating Plan shows an alley along the rear, side, or across a property line, adjustments to setbacks might be necessary. See Section 161.26(C)(3)-(8). (1) Minimum buildable street frontage. 50% of lot width. (g) Height regulations. Maximum height is 4 stories or 56 feet which ever is less. (h) Parking regulations. No parking lots are allowed to be located in the front or side build -to -zone facing a public right of way. 161.23 Neighborhood Conservation (a) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other zones. Although Neighborhood Conservation is the most purely residential zone, it can have some mix of uses, such as civic buildings. Neighborhood Conservation serves to promote and protect neighborhood character. For the purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a residential zone. (b) Uses. (1) Permitted uses. Unit 1 I City-wide uses by right 13nit-4. Cut ii a u recreational facilities j Unit 5 Government Fac-dities Unit 8 Single-family dwellings Unit 4 Two-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 10 Three-family dwellings Unit 12 Offices, studios and related services Unit Unit --l-5 Neighborhood Shopp�g-goeds Unit 24 Home occupations Unit 25 Professional services Unit 28 Center for collecting recyclable materials • Unit 36 Wireless communication facilities (c) Density'. Ilene. 10 Units/Acre (d) Bulk and area regulations. (1) Lot width minimum. Dwelling (all Unit T ) Single Family 40 ft. Two Family 50 ft. Three Family 60 ft. (2) Lot area minimum. Nene. 4,000 Sq. Ft. (e) Setback regulations. Front The principal facade of a building shall be built within a build -to zone that is located between the front property line and a line 25 ft. from the front property line. Side, facing street The principal facade of a buildingshall be built within a build -to zone that is located between the front property line and a line 25 ft. from the front property line. Side, internal, if 5 ft. adjoining a similar use unit. Side, internal, if 5 ft. adjoining a different use unit Rear, without 5 ft. easement or_alley Rear, from center 12 ft. line of an easement or alley Note: If the Regulating Plan shows an alley along the rear, side, or across a property line, adjustments to setbacks might be necessary. See Section 161.26(C)(3)-(8). (1) Minimum buildable street frontage. 40% of lot width. (g) Height regulations. Maximum height is 3 stories or 45 feet which ever is less. 161-20161.24 District 1-1, 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 8 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 recydable materials Unit 36 Wireless communications facilities (C) Density. None. (D) Bulk and area regulations. None. (F.) Setback regulations. Front, when adjoining A or R districts 50 ft. Front, when adjoining C, I, or P districts 25 ft. Side, when adjoining A or R districts 50 ft Side, when adjoining C, I. or P districts 10 ft. Rear, when adjoining C. I, or P districts 10 ft. (F) Height regulations. There shall be no maximum height limits in 1-1 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., An. 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, 6160 039: Ord. No. 4100, 62 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99) 161.-1-161.25 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. Unit I City-wide uses by right Unit 3 Public proteclion and utility facilities Unit 6 Agriculture Unit 7 Animal husbandry Unit 12 Offices, studios and related services Unit 18 Gasoline service stations & drive-in restaurants .Unit 20 Commercial recreation, large sites Unit 21 Warehousing and wholesale Unit 22 Manufacturing Unit 23 Heavy industrial Unit 28 Center for collecting recyclable malenals (2) Conditional uses. Unit 2 City-wide uses by conditional use permil 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 or R districts 100 ft. Front, when adjoining C. I or P districts 50 fl. Side, when adjoining A or R districts _ 50 ft. Side, when adjoining C. I or P districts 25 It. Rear 25 ft. (F) Height regulations. There shall be no maximum height limits in I-2 Districts, provided, however, that any building which exceeds the height of 25 feet shall be 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(tX); Ord. No. 2351, 6-21-77; OrdNo. 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 (Fx. A), 6-16-98; Ord. No. 4178, 8-31-99) 161.22 161.26 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. nit 2 City-wide uses by conditional use permit nit 3 I Public rotection and utili facilitiesnit 26 Multi-famil dwellin s nit 36 Wireless communications facilities (C) Density. None. (D) Bulk and area regulations. None. (E) Setback regulations. Front 30 ft. Front, if parking is allowed between the right- 50 ft. of -way and the building Side 20 ft. Side, when contiguous to a residential district 25 ft.. Rear - 25 ft. Rear, from center line of public alley 10 ft. (F) Height regulations. There shall be no maximum height limits in P -I 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., An. 5(x f). Ord. No. 2603: Ord. No. 2603,2-19-80; Ord. No. 262l,4 -I80; Ord. No. 1747, 6-29-70; Code 1991. § 160.042; Ord No. 4100, §2 (B. A), 6-16-98, Ord. Ne 4178. E-31-99) 161 23 161.27 District E-1, Extraction (A) Purpose. The Extraction District is designed to provide areas for the commercial removal of natural accumulations of sand, clay, silt, gravel, rock. and any mineral where such removal may cause groundwater problems, noise, dust, traffic problems, erosion, and safety concerns. (B) Uses. (I)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 peimit (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 planning principles. (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, §160.047; Ord. No. 3546,4-16-91, Ord. No. 4100, §2 (Ex. A), 6-16-98, Ord. No. 4178,8-31-99) -1-6x1.24161.28 Design Overlay District (1-540 Highway Corridor) (A) J'urpose. 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 47] (a/k/a 7W) 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 47] S 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 District: 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. (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) Signs (a) The only permitted free standing signs shall be monument signs. Only indirect lighting may be used for illumination of all signs. (b) Ali signs shall otherwise comply with Chapter 174 Signs and any variance shall be considered pursuant to § 156.06 of the Un fed Development Code. (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. n 250' - q r Cure t2 Must be at Least 250' from Intersection . _________ (4) Exterior appearance. All structures shall be architecturally designed to have front facades facing all street and highway righl-of-way. An elevation drawing shall be submitted for each side of the building that faces a street or highway. (5) 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. (6) 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. (7) 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)(I). 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. Security Fence' 'Aesthetic I Fence Parking Lot -.1 I Street Fencing (8) Outdoor storage of material and equipment. All outdoor storage of material and equipment shall be screened with natural vegetation. (9) 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) Mu/ri-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 Bus Stop 'Sidewakl - Multi -modal Access Pedestrian Sidewalk or Trail e----- Commercial, I.o.aonoo -----Residential nonnnv o Pedestrian Linkages to'Different Zones (F) Nonresidential developments and multiple building sites. In the case of nonresidential development involving multiple building sites, whether on one or more platted lots, the above -described regulations shall apply to the development as an entire tract rather than to each platted lot. (F) Large scale development. All nonresidential development within the Design Overlay District shall be reviewed through the large scale development procedure and shall meet all those requirements regulating large scale developments regardless of the size of the tract. (G) Exemptions. (1) Undeveloped or partially developed lots in nonresidential subdivisions lying within the Design Overlay District for 1-540 Highway Corridor which have received preliminary or final approval as nonresidential subdivision prior to June 28, 1994, are hereby exempt from compliance with Ordinance No. 3806 (§ 161.21). (2) Owners of lots within nonresidential subdivisions which obtained preliminary or final ,approval as nonresidential subdivisions prior to June 28, 1994. and not included in the specifically exempted properties may apply for an exemption to the Fayetteville Zoning and Development Administrator. The Zoning and Development Administrator shall respond to the application in writing within 10 working days of the receipt of the application. (3) Completed development upon property subject to such exemption not in compliance with the standards set forth in Ordinance No. 3806 (§ 161.21) shall be considered pre-existing conforming structures. (4) Nothing contained herein shall limit or prohibit property owners from utilizing the variance provisions contained in Ordinance No. 3806 (*16121). (Code 1991, §160.048: Ord. No. 3821, I. 3-5.8-9-94; Ord. No. .38-06. 6-2894, Ord No 4100, §2 (Ex. A), 6-I6-98; Oid. No. 4128, §1, 12-15- 98, Ord 4725, 7-19-05; Ord. 4784, 10-I8-05) Cross reference(s)--Appeals. Ch. 155; Variances, Ch, 156. 161.25 161.29 Planned Zoning District (A) Purpose. The intent of the Planned Zoning District is to permit and encourage comprehensively planned developments whose purpose is redevelopment, economic development, cultural enrichment or to provide a single -purpose or mixed -use planned development and to permit the combination of development and zoning review into a simultaneous process. The rezoning of property to the PZD may be deemed appropriate if the development proposed for the district can accomplish one or more of the following goals. (1) Flexibility. Providing for flexibility in the distribution of land uses, in the density of development and in other matters typically regulated in zoning districts. (2) Compatibility. Providing for compatibility with the surrounding ]and uses. (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. (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 arc 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) All permitted uses identified within §162 Use Units of the Unified Development Code shall be allowed as permissible uses, unless otherwise specified, subject to City Council approval of the Planned Zoning District request. (3) Condition. In no instance shall the residential use area be less than Iifly-onepercent (51%) of the gross floor area within the development. (4) Conditional Uses. All conditional uses allowed within (Residential, Commercial, Industrial) zoning Districts established in the Unified Development Code shall be allowed with Planning Commission approval, unless otherwise specified, subject to the code governing Conditional Use requests. (D) C-PZD, Commercial Planned Zoning District (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) All permitted uses identified within §162 Use Units of the Unified Development Code shall be allowed as permissible uses, unless otherwise specified, subject to City Council approval of the Planned Zoning District request. (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. (4) Conditional Uses. All conditional uses allowed within (Residential, Commercial, Industrial) zoning Districts established in the Unified Development Code shall be allowed with Planning Commission approval, unless otherwise specified, subject to the code governing Conditional Use requests. (E) J-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) All permitted uses identified within §162 Use Units of the Unified Development Code shall be allowed as permissible uses, unless otherwise specified, subject to City Council approval of the Planned Zoning District request. (a) In no instance shall the industrial use area be less than fifty-one percent (51%) of the gross leasable floor area within the development. (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. (4) Conditional Uses. All conditional uses allowed within (Residential. Commercial, Industrial) zoning Districts established in the Unified Development Code shall be allowed with Planning Commission approval, unless otherwise specified, subject to the code governing Conditional Use requests. (F) Bulk and area regulations. (1) Residential density. Residential densities shall be determined on the basis of the following considerations: 1. The densities of surrounding development; 2. the densities allowed under the current zoning; 3. the urban development goals and other policies of the city's General Plan; 4. the topography and character of the natural environment; and 5. 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. (4) 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. (Ord. No. 4434, § I (Ex. A), 11-19-02; Ord, 4717, 7-5-05; Ord. 4764, 09-20-05) 161.26 District 11SF 8, Residential Single Family 8 Units Per Acre (A) Purpose. The ncr District designed to bri to -allow for the development of new single family residential areas with similar lot sizenfom�ty and the �historical neighborhoods in downtown > > nd- use ti3S (Be& Permitted uses. Unit ht Unites Single family dweflings (2) Conditional usaqT f2 ai are II II I1LtLuHhII!w .. Vde Rear �.lC{{��l 4&ft: 64. 541. I. (Ord. 4783. 10-18-05) 161.30-161.99 Reserved EXHIBIT "E" The following language is to be inserted in Chapter 162 Use Units: 162.01 Establishment/Listing (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 Dormitory Eldercare Hospital Mausoleum Playfield, playground Private dub or lodge School: •Elementary •Junior High •Senior High Swimming of Tennis court Theater (legitimate) 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. (T) Unit 20. Commercial recreation, large sites. (1) Description. Unit 20 consists of commercial recreation facilities which are usually conducted out-of-doors, on large sites, and in undeveloped, outlying parts of the city. Uses in 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 p�r1' Drag strip Drive-in theater Fairgrounds Fishing dock Go-cart track Golf range, golf course EXHIBIT "F" Language to be removed is in strikethrough and language to be added is in bold. To be inserted in Chapter 164 Supplementary District Regulations: 164.12 Nonconforming Uses and Structures (1) Designated Preservation Structures. Significant structures as designated as worthy of preservation shall be exempted from the provisions of this set on EXHIBIT "G" Language to be removed is in strikethrough and language to be added is in bold. To be inserted in Chapter 166 Development: 166.14 Commercial Design And Development Standards (8) Applicability. The forth herein in foLlowing dktricts 5tandard5 set shall apply the zoning eicepi as noted JY H. O, Residential (-1) Office, --- (5)--E 1, Downtown; (B) Applicability. Comtei ciiil'rdesign and development standards apply to all commercial and office development. EXHIBIT "H" Language to be removed is in striketlrrough and language to be added is in bold. To be inserted in Chapter 167 Tree Preservation and Protection: 167.04 Tree Preservation and Protection During Development (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 I under Percent Minimum Canopy, unless the Applicant has been approved for On -Site Mitigation or Off - Site Alternatives as set forth in subsections I. & J. below. The square foot percefit geof 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 and oA m PP PP g y park land dedicatio;k'An Applicant shall not be required to plant trees in order to reach the Percent Minimum Canopy regmrementon land where less than the minimum exists prior to development, unless trees have been removed Minimum ZONING DESIGNATIONS PERCENT y MINIMUM 'CANOPY R-A,Residential- Agricultural (nonagricultural uses RSF-.5, Single-family Residential — 25°X One Half Unit per Acre RSF-1, Single-family Residential,- 25% One Unit per Acre a'Y RSF-2, Single family,Residential'2:- 20% Two Units er Ace RSF-4, Single-family Restdentialf` .25% Four Units perrAcre RSF-7, Single family Residential'` 2t)%t -" Seven,Units per Acre_, RSF$, Single-family Residential V * ,20 Ei ht;Units per Acre g R -O, Residential —Office V # 20% RT-12, TW-69nd Three-familyY 20% Residential ' `,, RMF-6, Multi family Residential — Six 20% Units per Acre , RMF-12, Multi -family: Residential — 20% Twelve Units per Acre RMF-18, Multi -family Residential — 20% Eighteen Units per Acre RMF-24, Multi -family Residential — 20% Twenty -Four Units per Acre RMF-40,Multi-family Residential — 20% Forty Units per Acre C-i, Neighborhood Commercial 20% C-2, Thoroughfare Commercial 15% C-3, Central Business Commercial 15% G-4-9ewc4ewrt 10% DC, Downtown Core 10% MSC, Main Street Center 10% DG, Downtown General 10% NC, Neighborhood Conservation 20% I-1, Heavy Commercial and Light Industrial 15% 1-2, General Industrial 15% P-1, Institutional 25% a All residential zoning districts and C -I districts within the Hillside/Hilltop Overlay District shall have their percent minimum canopy requirements increased by 5% to a total requireinen pf either 30% or 25%. EXHIBIT "1" Language to be removed is in strikethrough and language to be added is in bold. To be inserted in Chapter 172 Parking and Loading: ]72.05 Standards For The Number Of Spaces By Use (A) Off-street parking. (2) Change of use — waiver. In G4 -and C 4 Downtown Core, IV General zoning districts, parking requirements are waived for of use. New construction, razed buildings or enlarged boil requirements of the City of Fayetteville. For enlarged buildi'n_ calculated by the amount of square footage that is added,. (3) Building footprint — waiver. In C 3 and —Cj Downtown General zoning districts, parking r{ "footprint" of any building which existed and has rebuild. (4) C 3 and C I Downtown Core, M accessory outdoor use areas - A outdoor use areas for restaurants requirements in the `wand -C— ;.1 zoning districts. in'Sfreet Center, and Downtown nye= ex 3hng structure with a change y�,, ings shall.�conform to the parking additiibf al'parking spaces will be Core, Main StfeettCenter and i e waived for the square footage Rsince October I, 19T5!}n order to Street Center, anliCbon bal `sory outdoor patios,_bal t)shall be exempt`( ° rtown-n Coriie Main Street General Zoning Districts decks, and other similar feeting off-street parking , and Downtown General EXHIBIT "J" Language to be removed is in strikethrough and language to be added is in hold. To be inserted in Chapter 1.74 Signs: 174.10 On -Site Freestanding Signs It shall be unlawful to erect any freestanding sign which total height is greater than 30 feel above the level (D) C Districts and Downtown Master Plan Zoning Districts (Dowittown.'Gore, Main Street Center, Downtown General). Y.,.y• C. • eJ. •n. jN ,i. Alexander Merry -Ship & Real estate Group, Inc. Real Estate Sales, Development and Property Management Richard Alexander, President Rob Merry -Ship, Sr. Vice President August 29, 2006 Mayor Dan Coody City Council Members Fayetteville, AR Dear Mayor Coody and City Council Members, Sheree Alt, Sr. Vice President, Principal Broker Jennifer Ellison. Business Manager I am writing as a representative of a majority (77%) of the property owners whose property is being considered for Downtown General Zoning in the present iteration of the Dover Kohl Downtown Master Plan now being considered by the City Council. The properties in question lie between Dickson St., Center St., School St. and Church St. (see attached Exhibit "A"). The majority of the owners of these properties would like the Council to know that they support Draft #3 of the Dover Kohl Master Plan, as previously submitted to the Planning Commission on December 8, 2005 and specifically that they support their properties inclusion in the Main Street Center zoning classification as set forth in Draft #3 of the plan, which has been approved by the Planning Commission. Y In addition, the owners would like the Council to note that the majority of the properties in question are specifically not single family owner occupied: The actual usage breakdown of the properties is approximately: 45% business commercial, 20% medium to high density multi family residential, 20% single family, non -owner occupied, 9% single family, owner occupied, 5% vacant. So 91% of these properties are not single family, owner occupied, (see attached Exhibit "B"). It is also important for the Council to note that most of the property owners. set forth in Exhibit "A" bought these properties in this location precisely because these properties were historically business/commercial or high density residential properties and most of these property owners bought these properties in this particular part of downtown precisely because it was historically mixed use and not a traditional single family owner occupied neighborhood. Again, and as a practical matter, these properties are bordered on almost all sides by very high density (Ilillcrest Towers), business entertainment 11 N. West Ave. Fayetteville, AR 72701 Phone 479.443.1313 Fax 479.521.1889 Alexander Merry -Ship & Real Estate Group, Inc. Real Estate Sales, Development and Property Management Richard Alexander, President Rob Merry -Ship, Sr. Vice President Sherec Alt, Sr. Vice President, Principal Broker Jennifer Ellison, Business Manager (Walton Arts Center), or other business and commercial properties and uses located on Dickson, Spring, Meadow, Church and Center Streets. RPA/jde Cc: Dan Coody Robert Reynolds Brenda Thiel Kyle Cook Robert Rhoads Bobby Ferrell Shirley Lucas Lionel Jordan II N. 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We request that our properties located within that zone be designated as Main Street/Center. NAME ADDRESS SIGN TURF :H. We, the. undersigned understand that the proposed Dover Kohl Downtown Master Plan zoning laws for.downtovvn Fayetteville includes an area between Meadow, West, Spring and Church streets and west of West Avenue as identified in Exhibit A to be zoned Neighborhood 'Conservation. We request that our properties located within that zone be designated as Main Street/Center. NAME ADDRESS SIGNATURE 6.h !3 FLnfoJ L 0Z rp%fowG� / [. We, the undersigned understand that the proposed Dover Kohl Downtown Master Plan zoning laws for downtown Fayetteville includes an.area.between Meadow, West, Spring and Church streets and west of West Avenue as identified in Exhibit A to be zoned Neighborhood Conservation. We request that our properties located within that zone be designated as Main Street/Center, NAME ADDRESS SIGNATURE • i .B EGnii-' 1.01 .M&q,Oocc-J 4. • 2 u _ 2 pnp • 'J i 0 FI We, theundersigned, understand that the proposed Dover Kohl Downtown Master Plan zoning laws for downtown Fayetteville includes an area between Meadow, West, Spring and Church streets and west of West Avenue as identified in Exhibit A to be zoned Neighborhood Conservation. We request that our properties located within that zone be designated as Main Street/Center. I,dll TiJn.L ad DlU?i Yf iJL i A • We, the undersigned, understand that the proposed Dover Kohl Downtown Master Plan • zoning laws for downtown FAyetteville includes an area between Meadow, West, Spring and Church streets and west of West Avenue as identified in Exhibit A to be zoned • Neighborhood Conservation. We request that our properties located within that zone be designated as Main Street/Center.• NAME ADDILUSS H H SIGNATURE We, the undersigned, understand that the proposed Dover Kohl Downtown Master Plan zoning laws for downtown Fa'yetteville'includes an area between Meadow, West, Spring • and Church streets and west of West Avenue as identified in Exhibit A to be zoned Neighborhood Conservation. I. We request that our properties located within that zone be designated as Main Street/Center. I • We, the undersigned, understknd that the proposed Dover Kohl Downtown Master Plan zoning laws for downtown Fayetteville includes an area between Meadow, West; Spring and Church streets and west of West Avenue as identified in Exhibit A to be zoned Neighborhood Conservation. We request that our properties located within that zone be designated as Main Street/Center. Sea.. TThytheviJI t,AiPJ1a4≥ c ✓� ti5/S 42okIe(* ulC 1 D d A Locust k14 4 eo5s Aui 3 � w wt Erf s� w ,*WL.c 4c'6 We, the undersigned, understand that the proposed Dover Kohl Downtown Master Plan zoning laws for downtown Fayetteville includes an area between Meadow, West, Spring • and Church streets and west df West Avenue as identified in Exhibit A to be zoned • Neighborhood Conservation. • We request that our properties located within that zone be designated as Main Street/Center. •- • NAME ADDRESS. SIGNATURE . A L1 . J ♦ n _ AnA: w'k� .. .. 1 _ L lI I1 An % 11 1 ✓iw We, the. undersigned, understand that the proposed. Dover Kohl Downtown Master Plan zoning laws for downtown Fdyetteville includes an area between Meadow, West, Spring and Church streets and west 4i West Avenue as identified in Exhibit A to be zoned Neighborhood Conservation.; We request that our ptopertie's located within that zone be designated as Main Street/Center. We, the, undersigned. underst6nd that the proposed Dover Kohl Downtown Master Plan zoning laws for downtown Fkyetteville includes an area between Meadow, West, Spring and Church streets and west bf West Avenue as identified in Exhibit A to be zoned Neighborhood Conservation. We request that our properties located within that zone be designated as Main, Street/Center. NAME ADD14ESS SIGNATURE �0 1 it is . I 1 r I jk+f- Soli.. /.c7e iqv. 7.2 %62 We, the undersigned, understand that the proposed Dover Kohl Downtown Master Plan -: zoning laws for downtown Fayetteville includes an area between Meadpw, West, Spring and Church streets and west of West Avenue as identified in Exhibit A to be zoned Neighborhood Conservation.. We request that our properties located within that zone be designated as Main Street/Center. NAME ADDRESS SIGNATURE We, the undersigned, understand that the proposed Dover Kohl Downtown Master Plan zoning laws for downtown Playetteville includes an area between Meadow, West, Spring and Church streets and west of West Avenue as identified in Exhibit A to be zoned Neighborhood Conservation. We request that our properties located within that zone be designated as Main Street/Center. We, the: undersigned, understand that the proposed Dover Kohl Downtown Master Plan zoning laws for downtown Fikyetteville includes an area between Meadow, West, Spring. and Church streets and west of West Avenue as identified in Exhibit A to be zoned Neighborhood Conservation. We request that our properties located within that zone be designated as Main Street/Center. - We, the undersigned, understand that the proposed Dover Kohl Downtown Master Plan zoning laws for downtown Fayetteville includes an area between Meadow, West, Spring and Church streets and west of West Avenue as identified in Exhibit A to be zoned Neighborhood Conservation. We request that our properties located within that zone be designated as Main Street/Center. We, the undersigned, understA-nd that the proposed Dover Kohl Downtown Master Plan zoning laws for downtown Fdyetteville includes an area between Meadow, West, Spring • and Church streets and west of West Avenue as identified in Exhibit A to be zoned Neighborhood Conservation. • We request that our properties located within that zone be designated as Main Street/Center. We, the:undersigned; understand that the proposed Dover Kohl Downtown Master Plan zoning laws for.downtown Fayetteville includes an area betweenMeadow, West, Spring and Church streets and west of West Avenue as identified in Exhibit A to be zoned Neighborhood Conservation:, We request that our properties located within that zone be designated as Main Street/Center. 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 TO: Mayor Coody City Council FROM: Planning Staff DATE: September 26, 2006 SUBJECT: Downtown Master Plan Planning Staff has identified two additional issues related to the Downtown Master Plan that need to be addressed by the City Council prior to adoption. The first issue is a request by a property owner, Denelle Campbell, to have an approved PZD repealed for her property located on Center St.. The property owner requests to have the property zoned Main Street Commercial in accordance with the surrounding proposed zoning. The second issue that has been discussed is related to how building heights are measured in the City. Currently building heights are regulated differently depending on the zoning district, eg. Hillside/Hilltop Overlay District. Planning Staff has drafted a definition of building height that could be applied uniformly in all zoning districts. Additionally, Exhibit "B" in the Downtown Master Plan Zoning Districts Ordinance should be amended to read: §156.02 Zoning Regulations (B)(5) Building height variance in r sidcnrial ..ingl family all zoning districts. (a) The Planning Commission shall have the authority to grant a variance to allow a proposed structure to exceed building height limits in Residential Single Family all Zoning Districts in those instances where, owing to special conditions and circumstances, literal enforcement of the building height restrictions would result in unnecessary hardship or the applicant can show that the additional height requested will not adversely affect adjoining or neighboring property owners. Planning Staff recommends the following language and method for measuring building heights in all zoning districts: Building Height: Building height shall be measured vertically from the existing natural grade to any part of the structure, excluding spires, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof and not intended for human occupancy. To verify whether the height of a proposed structure is below the maximum height allowed, project a parallel plane above the existing natural grade and across the entire parcel. If the structure is below the upper line, then the height limitation has been satisfied. 113 W. Mountain St Fayetteville, AR 72701 Telephone: (479) 575-8267 TO: City Council FROM: Planning Staff DATE: September 26, 2006 SUBJECT: Downtown Master Plan Zoning Code Planning Staff has been directed to produce the following exhibit for a possible amendment to the Downtown Master Plan Zoning Code at the October 3, 2006 City Council Meeting. The area shown within the bubble is proposed to be amended from Downtown General to Main Street Center. Current Map Map ,City Clerk - Downtown Rezoning on Tonight's Agenda Page 1 2fc From: Alett S Little <alittle@fs.fed.us> � - To: <city_clerk@ci.fayetteville.ar.us>, <city_attorney@ci.fayetteville.ar.us>, <tconklin@ci.fayetteville.ar.us>, <ssmith@ci.fayetteville.ar.us> Date: Wed, Sep 20, 2006 2:42 PM Subject: Downtown Rezoning on Tonight's Agenda Here it is again. I see that I misspelled Tim's last name in the first send, but I can't find any errors in the others. Please acknowledge receipt as I could also fax it if no one receives it this time. Alett S. Little Plan Revision Team Leader Ouachita National Forest tel: 501-321-5372 -- Forwarded by Alett S Little/R8/USDAFS on 09/20/2006 02:28 PM --- Alett S Little/R8/USDAFS To 09/19/2006 06:02 city_clerk@ci.fayetteville.ar.us, AM city_attomey@ci.fayetteville.ar.us tconkline@ci.fayetteville.ar.us cc Subject Downtown Rezoning on Tonight's Agenda Would you please make sure that the Planning Director, the City Attorney, the Mayor and members of the City Council receive a copy of my letter. Also, please ask the City Attorney to read it into the official record. THANKS! (See attached file: City Council 19 September 2006.doc) Alett S. Little Plan Revision Team Leader Ouachita National Forest tel: 501-321-5372 Alett Little 20 Stonegate Pt. Hot Springs, AR 71913 September 18, 2006 I am writing to oppose the rezoning of my property at 620 Reagan Street. Please read this letter into the record of the City Council meeting of September 19, 2006. I live in Hot Springs, Arkansas, and, if I had not been contacted by an adjacent property owner on Friday, September 15, 2006, I would have received no notice of the proposed rezoning of my. property. Any competent appraiser will tell you that rezoning from RMF-40, Residential Multifamily 40 Units per acre, to Neighborhood Conservation is down -zoning, and it will negatively impact the value of the property. As many of you know, I was Planning Director for the City for many years. I cannot tell you the total number of zoning cases processed through the planning office while I was there, but I can tell you that every single citizen that sought to rezone their property had to get a list of adjoining property owners and furnish that list to the planning office so that adjacent property owners could be notified. In order for there to be adequate notice of potential actions, the City sent a letter to each adjoiner plus a sign was posted in a prominent location on the property that was the subject of the rezoning request. The citizens tried to tell me that all that effort to notify property owners was ridiculous, but I held steadfast, thinking there was a need to protect the rights of adjacent property owners. With no notice from the City of the rezoning of my property, especially in light of the extreme measures required of individual citizens in rezoning cases, it seems almost negligent on the part of the City to have offered me no written notification of this proposed rezoning with its significant property value -lowering consequences. I purchased the property at 620 Reagan ten years ago for personal use, but I was fully aware that it was likely be acquired by the University of Arkansas in the future. It is clearly evident that the growth pattern for the University is southwest and due east, as these are the only relatively flat properties contiguous to University owned -property. From a planning perspective, the University's growth pattern is logical. Such logic has apparently been ignored in the planning effort that created the Downtown Master Plan (DMP). In fact, on the entire DMP, consideration of the need for institutional uses such as growth area for the University has been ignored. I will confine my further and more specific comments to four blocks. I have discovered some serious defects in the plan and the proposed zoning for the following four blocks: Block 1 - bounded by Maple, Gregg, Reagan, and Arkansas Ave. (My property is located in this block.) Block 2 - bounded by Reagan, Gregg, Lafayette, and Arkansas Ave. Block 3 - bounded by Lafayette, Gregg, Alley 333, and Arkansas Ave. Block 4 - bounded by Alley 333, Gregg, Dickson, and Arkansas Ave. 1. The City may not zone, or regulate by zoning, properties of the State - a higher governmental unit. Each of the four blocks described above contain one or more parcels currently owned by the University of Arkansas, an entity of the State. The source of the University ownership is the attached Figure 13 from the Campus Master Plan, September 1998 (Sasaki), available on-line at www3/uarkledu/PHP/Planning/campus-planning/1998 campus_plan. 2. Each of the four blocks described above is shown, at least in part, in the Campus Master Plan (CMP) to be within the long-term -growth boundary for the University. As a planner it is very disheartening to find that a progressive city like Fayetteville has chosen to ignore the taxpayer - financed University planning in favor of a plan that is, at least in some places illogical and non - cohesive. 3. Downtown General is proposed for portions of Blocks 3 and 4 (source: Downtown Master Plan [DMP]). Does Downtown General equate to C-4 zoning? Isn't Dickson Street less intensively zoned as C-3 under current zoning? Both Blocks 3 and 4 each contain a University property (source: CMP), but unless U of A's basic function changes, it is highly unlikely that they would utilize the properties in a commercial manner. In order to zone a property commercial, the Planning Commission and the City Council must make a finding that there is a need for additional commercial property. While Fayetteville enjoys a healthy growth rate, it would be very difficult to justify a need for additional commercial property, especially in an area of emerging revitalization. If your plan is to see the rebirth of the Dickson Street corridor come to a screeching halt, just go ahead and rezone additional properties commercial to the point that the concentrated synergy of the commercial activity along Dickson Street is destroyed. 4. In addition to there being no need for additional commercial zoning (especially of University - owned property!), the proposed insertion of commercial zoning along Arkansas Avenue is not warranted. Arkansas Avenue is already congested, and the lot sizes are not adequate to be developed with parking necessary for commercial activity. On -street parking is not available because the on -street Arkansas Avenue parking is already 100% utilized by persons accessing the University. This proposal for commercial zoning along Arkansas Avenue is so ill-conceived that it would actually split one building at the comer of Dickson and Arkansas into two separate zones! The proposed Downtown General area along Arkansas Avenue is particularly illogical given that only the Dickson/Arkansas comer property is commercial now, and there is no need for additional commercial in this area. More incongruous is that if the City does impose this zoning, it would seek to create incompatible land uses where none exist now. What reasons does the City assert that would create a need to insert commercial activity next to an area proposed in the new DMP as neighborhood conservation? This is not good planning. 5. Please review your current zoning map. Blocks, 1, 2, and 3, are nearly 100% RMF-40 with the only exception being a parcel owned by the University in Block 1 and zoned P-1. Within the area zoned RMF-40, most structures are rented as student housing. Although the structures were originally built as single-family homes in the 1930's and 40's, use in the area has been consistent with multi -family zoning for many years. Because both of my children occupied the property at 620 Reagan while they attended the U of A, my property was one of the few to be owner -occupied in these three blocks. The structure at 620 Reagan, just prior to my ownership, was owned and occupied by the Phi Mu Sorority! To try to zone blocks 1, 2, and 3. as neighborhood conservation ignores current zoning, University growth patterns, and current use patterns. Please provide the factors that were considered in recommending these blocks as neighborhood conservation in the record of the actions of City Council on this rezoning proposal. 6. Proposed zoning of Blocks 1, 2, and 3 to neighborhood conservation is just generally• inconsistent with the area. My property, for example, is bordered to the north, by U of A property, and to the west, by the Church of Jesus Christ of Latter Day Saints.. The University presence pervades this area, structures are occupied by renters, and there is no neighborhood left to conserve. It is, however, a lively student area, with all the noise and congestion that comes with such areas. Further, it is highly likely that the U of A will need this area to support institutional growth. There is no reason to create a zone for a neighborhood that is'non- existent. I respectfully request that my property rights be preserved and that 620 Reagan remain zoned for multifamily use. If the City Council possesses sufficient reasons to support rezoning of my property at 620 Reagan, in opposition to its current use, it will create for my property, as well as most properties in the area, incompatible land uses and place those same properties into a non -conforming use situation that will stifle development in an area sorely in need of renovation. Please, at the very least, provide some consistency in planning, and amend the DMP to coincide with the U of A Master Plan. Thank you for your time and consideration in this matter. /s/ Alett Little Current Proposed Zoning e ei le ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 TO: City Council FROM: Planning Staff DATE: October 2, 2006 SUBJECT: Downtown Master Plan Zoning Code Planning Staff has been directed to produce the following exhibit for a possible amendment to the Downtown Master Plan Zoning Code at the October 3, 2006 City Council Meeting. The area shown within the boundary line is proposed to be removed from the Downtown Master Plan Zoning District and to remain RMF - 40 until such time that the neighborhood petitions for a re -zoning.. Proposed Removal from the DMP From: Amber Wood To: Smith, Sondra Date: 9/28/2006 2:25 PM Subject: Fwd: Master Plan Sondra, This was sent to me by Planning as an FYI. Amber >>> Planning 9/28/2006 2:09 PM >>> FYI Thanks on. Cindy Monreal Senior Planning Secretary City of Fayetteville >>> Daniel Levine <dlevine(auark.edu> 09/27/06 7:20 AM >>> Dear City Council Members, I agree whole heartedly with our Wilson Park Neighborhood Association chairperson, Mark Kinnion who has asked for a delay in final approval of the proposed Master Plan until such time as our full representation shall be reestablished. By delaying voting on this very important issue while one Ward 2 seat is vacant, you will avoid the appearance of impropriety and the appearance of rushing this issue through which has the potential to severely impact Ward 2 by encroaching on our neighborhoods with more and taller development. The Fayetteville d y Council's pro -sky scraper stance on development on Didson Street in the face of neighborhood opposition to such a radical precedent has left us feeling a little defensive so, please consider rethinking any plan that calls for an immediate vote. Thanks, Judith Levine WPNA newsletter editor • Resolution: Whereas A properties included in the proposed Downtown Master Plan are located in Ward 2. • Whereas the Wilson Park Neighborhood adjoins the planned area on the northern border of the Downtown Master Plan at Maple Street. • Whereas due to a vacancy, Ward 2 and the Wilson Park Neighborhood is not equally represented on the sitting Fayetteville City Council. • Whereas a rush to vote on the Downtown Master Plan is not critical. • Whereas the Downtown Master Plan directly will impact Ward 2, inclusive neighborhoods and bordering neighborhoods for years to come. • Whereas the WPNA respects the actions of the sitting City Council, commends their service to the community as a whole and appeals to their integrity and sense of fairness. Be it resolved that the Wilson Park Neighborhood Association by action the Steering Committee request the final vote approving the Downtown Master Plan be tabled until the vacant Ward 2 Alderman position is filled guaranteeing full representation of Ward 2 and the residents of the Wilson Park Neighborhood. Approved by acclamation October 2, 2006 Proposed Amendments 1. (Map Amendment) Change Denelle Campbell's Property Zoned PZD to Main Street Center .2. (Text Amendment Page 9 of 144 CC Agenda) All Building Height Variances to go to Planning Commission (Sec. 156.02) 3. (Text Amendment) Apply the Building Height Definition to Apply to All Zoning and Development Ordinances When Measuring Building Height 4. (Map Amendment) Remove the West Lafayette Street Neighborhood from the Downtown Zoning Map and Leave as RMF-40 5. (Map Amendment) Change South Side of Rock Street (Block Ave. to College) From Downtown General to Main Street Center X11` DrItIC n - I .nIh I� Alderwoman Thiel's Proposed Downtown Zoning Code 'r}f ' ` - t • RAST �� ofJk �_.. Z rs /l t v an IT a Legend Dmntown_Master_Plan_Are Building (2004) Parcel Lines ` ,e` • • s Railroad n Street 1 r Brenda This! Draft V8 a F I I PZD's and Excluded Parcels ¢Zoning Code � ' � Downtown Core Downtown General Main Street Center S I From: Clarice Pearman To: Olson, Leif Date: 10.12.06 3:51 PM Subject: DMP ord map Lief, I have proposed map in the backup for this ordinance Exhibit K is supposed to be map. Can you get me a map to attach? The mayor has signed the ordinance and I need the map to finish processing. Thanks. Clarice - _ (10.16 06) )C Clarice Pearman Re: DMP ord map Page]] From: Clarice Pearman To: Olson, Leif Date: 10.16.06 9:18 AM Subject: Re: DMP ord map Yes please. Hope your feeling better. Have a good day. Thanks. >>> Leif Olson 10.16.06 8:29 AM >>> Clarice, sorry I was out sick on Friday. The GIS Department has worked on the official zoning map and it looks good. I just need to get Tim to take it to the Mayor to sign and make official. Should I get a duplicate or copy for the Clerks office? >>> Clarice Pearman 10/12/06 3:51 PM >>> Lief, I have proposed map in the backup for this ordinance Exhibit K is supposed to be map. Can you get me a map to attach? The mayor has signed the ordinance and I need the map to finish processing. Thanks. Clarice NORTHWEST ARKANSAS EDITION • Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE: 479-571-6415 AFFIDAVIT OF PUBLICATION I, Karen Caler, do solemnly swear that I am Legal Clerk of the Arkansas Democrat Gazette newspaper. Printed and published in Benton County Arkansas, (Lowell) and that from my own personal knowledge and reference to the files of said publication, the advertisement of: Ordinance 4930 Was inserted in the Regular Editions: October 20, 2006 Publication Charge: $5273.52 Subscribed and sworn to before me Th?�day of Notary Public My Commission Expires: Sharlene D. Williams Notary Public State of Arkansas My Commission Expires October 18, 2014 RECEIVED OCT23 3 2006 CITY OF MThI iEVlLl_E CITY CLERK'S OFFICE RECEIVED OCT 2� 2006 CITY OF FM . iTEVILLE CITY CLERK'S OFFICE IANCE Na 4990 _ )DINANT AMENDING OFTITLE )CV UNIFIED EVILII ORDINANCE THE CODE OF¶�vtlle EVIL IN TR AMEND VARIOUSPEME T THE D S OF)DE IN ORDER TO IMPLEMENT THE ONINGMASTER PLAN ZONING CODE AND ZONINGKANSAS izREA5, the City of Fayetteville recognizes the unique and significant role that the downtown area akin the vitality of the City and the region; and. MMEAS, the City of Fayetteville hired Dover -Kohl and Partners to develop a plan with extensive piq.InPuk and IEREAS, the City of Fayetteville has determined that development In me downtown area should - xrnpatible with the traditional town form; and IEREAS, developments that are compatible with the surrounding area and harmonious with Me ratter of the neighborhood and have a positive effect upon the future development of the area; IRREAS, the Downtown Master Plan has been developed through an extensive process involving public, elected and appointed officials, and staff; W, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF tETTEVILLE, ARKANSAS: lion 1. That Chapter 151: Definitions Is amended by inserting new definitions into § 151.01 Inlbns, a copy of which marked Exhibit 'A' is attached hereto and made a part hereof. 11on 2 That Chapter 156: Variances is amended by inserting Downtown Zoning Districts in § .02 Zoning Districts, a copy of which marked Exhibit 'BIs attached hereto and made a pan here Or- .tlon§ . That Chapter 160; Zoning Districts is amended by insetting Downtown Zoning Districts in lion 160.01 Establishment of Districts, a copy of which is marked Exhibit'C' is attached hereto made a pan hereof. - Win 4. Thal Chapter 161: Zoning Regulations is re -adopted in its entirety, a copy of which Is iced Exhibit D Isattached 162: hereto and madee pan hereof. ton S That Chapter 162: Use Units is amended by moving use units in § 16201,0 copy of ch is marked Exhibit E' Is attached hereto and made a pan hereof. servati That Chapter 164: Supplementary District Regulations is amended by inserting Designated serration Structures in § 164.12, a copy of which is marked Exhibit 'F is attached hereto and in a part hereof. tan 7 That Chapter 166: Development Is amended by Inserting Downtown Zoning Districts in § .14 Commercial Design and Development Standards, a copy of which is marked Exhibit 'G Is chid hereto and made a part hereof, Alan B. That Chapter 167: Tree Preservation and Protection is amended by inserting Downtown Ing Districts In § 167.04 Tree Preservation and Protection During Development,.a copy of which Is.• Iced Exhibit 'H is attached hereto and made a pan hereof. lion 9. That Chapter 172: Parking and Loading is amended by inserting Downtown Zoning riots in § 172.05 Standards to., the Number of Spaces by Use, a copy of which Is marked Exhibit siaaachehereto and made a pan hereof. lion 10 That Chapter 174: Signs is. amended by inserting Downtown Zoning Districts in § 174.10 Site Free Standing Signs, a copy of which is marked Exhibit ' is attached hereto and made e hereof. . , lion 11. That me official Zoning Map of the City of Fayettevilleis amended to rezone these prop- s Identified in the Downtown Master.%an Zoning Districts, a copy of which is marked Exhibit 'K' pitched hereto and made a pan hereof. n IS® and APPROVED this the 3rd day of October. 2006. 'ROVED: ATTEST: . By: MICOODY, Mayor SONDRA SMrVH, City CS* EXHIBIT'A* guage to be added is in bold, to be Inserted in Chapter 151 Definitions: I it Al Dentitions. ., 5Ipck: A combination of building lots, the perimeter of which abuts streets. aulld-to line: A build -to line identifies the precise horizontal distance from,a street right-of-way that building shall be built to, In order to create a uniform line of buildings along the street. 3ulld-to Zone: A build -to zone is a range of allowable distances from a street right-of-way that the'', ding shall be built to in older to create a moderately uniform line of buildings along the street. Building frontage: The vertical side of a building which faces the primary space or street and is t to the Build -to line: r, f Building Height: Building height shall be measured verticallyfrom the existing natural grade to any of the structure, excluding spires, cupolas, antennas, water tanks, ventilators, ch4meys, or other urtenances usually required to be placed abbe the roof and act Intended for human occupancy. arty whether the height of a proposed structure is below the maximum height allowed, project a allel plane above the existing natural grade and across the entire parcel. If the structure Is below upper line, then the height limitation has been satisfied. 1,. . i tad/tb ,tv Civic Building: Structure used primarily for'publi education, cultural performances, gatherings I displays administered by nonprofit cultural, educational, governmental, and religious organize - Is. ... Curb Radius: The curved edge of street paving at an intersection, measured at the Inside travel )e of the travel lane. Dwelling, INeNrork: A dweling unit within which an at-home business is encouraged. Businesses I limited to a maximum of two employees that do not dwell In the principal or accessory dwelling L Dwelling, rowhouse: An attached single-family dwelling unit located on land owned by the unit net and situated In a tow of two (2) or more similar horizontally attached dwelling units, each unit inn its own separate water, sanitary sewer, ventilation and heating system, inclusive of separate try service lines and meters,and which Is separated from attached adjacent dwelling units by a fire- Istant common wail... I) Frontage Une: The property line or lines of a lot which coincide with a right-of-way or other pub - open space. );Habitable Space: Building space whose use involves human presence. Habitable space lades parking garages, self-service storage facilities, warehouses, and display windows separat- 4KTm retail activity. -ar.c vim_ . . queer A T entirely trom an exterior wall eta building. terrace, or balcony.- ' is along build -to lines or build -to zones): The Access Lane: A publicly or privately owned secondary way that affords access to the side EXHIBIT'S' be inserted in Chapter 156 Variances: 56ffi Zoning Regulations (3)(a; Number of spaces. The Planning Commission shall heve.the authority to very the number of street parking spaces required in the Downtown Core, Main Street Center and Downtown General tricts. . - ., t {3Xc) Conditions. All waivers shall meet the conditions listed below:. Downtown Care, Main Street Center, and Downtown General Districts. Conditions for waterers in wntown Core, Main Street Center, and Downtown General Districts: I (5) Building height variance in all zoning districts. The Planning Commission shall have the authority to grant a variance to allow a proposed strat- a to exceed building height limits In all Zoning Districts in those instances where, owing to special editions and circumstances, literal enforcement of the building height restrictions would result in tecessary hardship or the applicant can show that the additional height requested will not adverse- I affect adjoining or neighboring property owners. - • .. , i EXHIBIT'C' Ol Imagined in Chen o Dos Zoning Districts `• ) m9901Establishment ingzoninlentoi Districts . ,,. r F, + ING IS zoning districts are hereby established: KING DISTRICTS .+. , � i Residential -Agricultural F.5 Residential Single-family - One Hall Unit per Acre FJ-1- Residential Single -family -.One Unit per Acre F,2 Residential Single-family- Two Units per Acre F-4 . Residential Single-family - Four Units per Acre , fz7t . Residential Single-family- Seven Units per Acre Residential Single -family -Eight Units per Acre 12 Residential Two and Three-fanily IF -6 Residential Multi -family - Six Units per Acre IF -12 Residential Multi -family - Twelve Units per Acre IF -18 Residential Multi -family- Eighteen Units per Acre IF -24 Residential Multi -family- Twenty -Four Units per Acre. IF -40 Residential Mufti4arhily- Forty Units per Acre Residential -Once I Neighborhood Commercial Thoroughfare Commercial Central Business Commercial Downtown Care .C Main Street Center I Downtown General Neighborhood Conservation Heavy Commercial and Light Industrial General Industrial Institutional. _ . .. Extraction ID Design Overlay District 'ZD Residential Planned Zoning District 'ZD Commercial Planned Zoning District ZO Industrial Planned Zoning District EXHIBIT'0' This chapter is being readopted in its ant 161: ZONING REGULATIONS set by this chapter within each district shall be mm - class or kind of structure or lend, except as here - General. No building structure, or land shall hereafter be used or occupied, and no building or cture or part thereof shall hereafter be erected, constructed. reconstructed; moved or structuraly )ed except in conformity with an the regulations herein specified for the district in which it was ited. F Limitations No building h other structure shell hereafter be erected or altered: Number of unit. exceed ahoight or huh; Number of oohs. To y accommodate percentage age of la greeter number W units; Set back. pe espace . go av arwee t area; - ther open spaces. To have narrower or smaller rear setbacks, front setbacks, side setbacks. Othr open spaces than herein required; or .. inder.pendent In any other manner Copan o to the provisions ck.orofeor thiopen sppter. ew, sacerequied blaut or Ncpanctosetback, auiherg othe purpoof co linorbob space required d in t of asetbn with , any building for the purposepr twith fls ku- prershall for any other as part of a setback, open space, or off-street parking or loading space aim Effective recuiredat arty setback eblorkil Effthe rr date. requirements e me is existing rm on June 29 1970. shall rbee reduced in dimension or area cow the minimum rimum quir set forth a areis. Setbacksthior lots created after June 29, 19]0, shell tA nt least the ll minimum requirements establishedrie toter. Ann A-1 unt. All, territory which s may asreafferannexed to the city shall be considered to be in Irict A-1 until the territory Is rezoned as provided herein. From. Measured from the street right-of-way, or street right-of-way setback as required by the ay Street:Plan. ' Side. - Measured froth the side property line. Rear. Measured from the rear.propery line. . Corner. A comer lot has two fronts and two sides. Conditional Uses. These uses are permissible If approved by the Planning Commission. See niter 163, Use Conditions. 69 1965, App. A., Art. 3; Ord. No. 1747, 6-29-70; Code 1991. §160.016; Ord. No. 4100. §2 (Ex. 6.16-98) @1A2 Certificate 01 Zoning Compliance _ Eiequired. It shall be unlawful to use or occupy or permit the use or occupancy of any building or doses, or both, a pan thereof hereafter created, erected, changed, convened, or wholly or partly red, or enlarged in its use or structure until a certificate of zoning compliance shall have been red therefore by the Zoning and Development Administrator stating that the proposed use of the I ding or [and conforms to the requirements of this chapter, a r Nonconforming use/structure. No nonconforming structure or use shall be renewed, chanced, a entletl until a certificate of coning compliance shall have been issued by the lopmem Adminisbeta. The certificate of zo ng compliance shall state specifically s. . of a building at the first story of a retail frontage NORTHWEST, ARKANSAS TIMES nonconforming use differs from the provisions of this chapter. The Zoning and Development Administrator shall maintain a record of all ceniflcates of zoning compliance, and a copy shell be fur- nished upon request to any person. • (C) Authorized constructionAise. Certificates of zoning compliance Issued on the basis of plans and applications approved by the Zoning and Development Administrator authorize only the use, arrange- ments, and construction set forth In such approved plans and applicatbns, and no other use, arrange - I ment, or construction. (Code 1965, App. A., Art. 9(3). (5); Ord. No. 1747.6-29-70; Code 1991, §§I60.192, 160.194; Ord. No. 4100, §2 (Sc. A). 6.16-98) Cross reference(s)—Enforcement Ch. 153. • ,�•4 W § 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 seMces of odery growth; conserve the but base; provide' opportunity for affordable housing, Increase scenic attractiveness; and conserve open space. (B) Uses. - - • (1) Permitted uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 6 Agriculture Unit 7 Animal husbandry - Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 37 Manufactured homes l (2) Conditional uses. Unit 2. City-wide uses by conditional use permit Unit 4 Cultural and recreational facilities Unit 20 Carw,,ercial recreation, large sites z_ Unit 24 Home occupations . . Unit 36 Wireless communications facilities . • . - Tt I(C) Density. Units per acre One-half (D) Bulk and area regulations. Lot widthminimum 200 (1. Lot Area Minimum: r . .4.� Residential: 2acres '' Nonresidential: 2 acres Lot area per dwelling unit 2 acres E) Setback requirements.' Front Side Rear 35 f. 20 ft. 35 8. 1 (F) Height requirements. There shall be no maximum height limits In the A-1 District, provided, how- ever, that any building which exceeds the height 0115 feet shall be setback (Mn any boundary Fine of any residential district a distance of 1.0 loot for each toot of height in excess of 15 feet. Such eat- backs shall be measured from the required setback lines. (G) Building area. None. (Code 1965. App. A., Art. 5(1); Ord. No. 1747, 629-70; Code 1991, §160.030. Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99) § 161.04 District RSF-.5, Residential Single-Fan-ty - 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 -halt unit per acre. (B) Uses.. (1) Permitted uses. - ., Unit I City-wide uses by right Unit 8 Single-famiy dwellings (2) Conditional uses. Unit 2 - 4t City-wide uses by conditional use pem Unit 3 Public protection and utility facilities I Unit 4 Cultural and recreational facilities /¢ Unit 24 4 Home occupations 7 Unit 36 Wireless cOrNnunications facilities _ _ " - r (C) Density. Units per acre One-half (approximately) (D) Bulk and area regulations. Lot width minimum 200 ft. - Lot area minimum 71.438 Sq. Ft. Land area per dwelling unit 71. 438 Sq,-Ft. r - (E) Setback requirements. Front Side Rear 3511. 20 ft. 35 ft. . (F) Height. Structures In this District are limited to a building height of.45 feet. The height of a pro- posed structure may only be increased above 45 feet by obtaining a variance after hearing by Nat Planning Commission. Existing structures that exceed 45 feet in height shall be grendlaihered In, and' not considered nonconforming uses. (G) Building area. None. (Code 1991, §160.043; Ord. No. 3792, §4, 5-17-94; Ord, No. 4100, §2 (Es. A), 6-16.98; Ord. No. 4178, 8-31-99; Ord. 4858, 4-18-06) § 161.05 District RSF-1, Residential Single -Family- One Unit Per Acm (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 envirorunents, as well as to protect existing development of these types. - t (B) Uses. (C) Permitted uses. Unit 1 City-wide uses by right • x 1 e W Unit 8 Single-family dwellings (E) Conditional uses. Unit 2 City-wide uses by conditional use pears: Unit 3 Public protection and'utility facilities - - Unit 4 Cultural and recreational facilwes r:. •• Unit 24 Home occupations Unit 36 Wireless communications facilities ^ r - (E) Density. Units par acre 1 (F) Bulk and area regulations. Lot width minimum 150 ft. - Lot area minirtm 35,720 Sq. Ft. • Land area per dwelling unit 35,720 Sq. Ft. ((3) Setback requirements. Front Side Rear 35 ft. ' 208. 35 ft. (H) Height. Structures in this District are Rented to a building height o145 feet. The height of a pro-, posed structure may only be increased above 45 feet by obtaining a variance after hewing by the Planning COrmisslon. Existing structures that exceed 45 feet in height shall be grand!athered In, and 'rot considered nonconfoming uses. M_ _._ 1) Bar ding area None. (Code 1965, §16044; Ord. No. 3792, §4 5.17-94; Ord, No. 4100, §2 (Ex A) 6-l6-98 Ord.4858, 4 ,:- . _ .+.., § 161 05 District RSF-2, Residential Single -Family Two Units PerAcre .'t ? ..e1 ToF-in w ^o r(A) Purpose. d. el prediden sinlarger lofi dwelling acritione zone between areas that ve neighborhoodselodi that have developed with ft), andlot Sizes ions acre and e e and lopm Nat owd density efa with swellinlot nisesaft0e vie nmens[apermits to pro act ttin developmentofoowtl typsmachetl dwellings In suitable environments, as well as to protect existing development of these types. (B) Per i - Permitted uses . r UnI...1 Unit 1 City-wide uses right Unit 8 Single-family dwellings CD) Conditional fC wi t Unit 2 f City-wide pr uses by conditional utifuse permit Unit 3 Public andutilityCultural recreational facilities 11 Unit 24 . Home occupations Unit36 Wireless communications e facilities • s el t'i . ! ` per ndre • • la '! 2 . .. p Un ` ,. Bulk end area regulations. Lot (F) p width minimum � 100 ft. ' t Lot area minimum 17,860 5g. Ft. D) Land area per quireme unit 17,860 Sq. Ft. (G) Setback requirements. Front .) " Side Rear -. 3011. 151t. 3011. �'.. • r:. (H) Height. Structures in this District are limited 10 a building height of 45 hem. The height of a pro- posed structure may only be increased above 45 feel by obtaining a valance after hearing by the Planning Commission. Existing structures that exceed 45 feet In height shall be grandfnthered in, end not considered nonconforming uses. (I) Building area. None. . (Code 1991. §160.045; Ord. No. 3792, §4, 5.17.94; Ord. No. 4100, §2 (Ex. A). 616-98; ON. No.1178, 831-99; Ord. 4858, 4-18-06) ' § 161.07 District RSF-4, Residential SingleFmmily-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 envlrorrnents, as well as to protect existing development' of these types. (B) Uses, " i.(4) Permitted uses. 7 Unit 1' City-wide uses by right 'f Unit 8 Single-family dwelling... • (2) Conditional uses. Unit 2. City-wide uses by conditionaluse permit , Unit 3 Public protection and utility facilities -. Unit 4 ;- Cultural and recreational facilities 4::; ;•' Unit 9 Two-family dwellings Unit 24 Home occupations, 4 - Unit 36. Wireless communications facilities (C) Density. fir. .Single-family dwellings Two-ramily dwellings Units per acre 4 or less 7 or less (D) Bulk and area regulations. .: , t , , Single-family Two-family t" dwellings . dwellings Lot minimum width 70 N. 80 ft. Lot area minimum B4O09 sq. ft. ' 12,000 sq. ft. Land area per dwelling unit 8,009 sq. ft. 6.000 sq. ft. f. L. Hillside Overlay District Lot R minimum width 60 ft. - 70 ft. I Hillside Overlay District Lot , area minimum 8,000 sq. ft. ;12,000 sq. ft. Land area per dwelling unit 8,000 sq. ft. 6,000 sq. ft: (E) Setback requirements. , FRONT SIDE REAR . 25 ft. •88. 20 ft. HOD Front HOD Side HOD Rear r 15 ft. 5ft. 15 ft. (F) Height. Structures in this District are'limited to a building height of 45 feet. The height of a pro- posed structure may only be Increased above 45 feet by obtaining a variance after hearing by the Planning Commission. Existing structures that exceed 45 feet in height shall be grandfathered In, and not considered nonconforming uses. (G) 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, 831-99; Ord. 4858, 4-18-' ( • § 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 I detached dwellings In suitable environments. (B) Uses. r1 s .. (1) Permitted uses. Unit I City-wide uses by right Unit 8 Single-family dwellings (2) Conditional uses. fl` Unit 2 City-wide uses by conditional use permit -• - Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities sr I Unit 9 Two family dwellings Unit24 Homeoccupations Unit 36 Wireless communications facilities (C) Density. ••. By Right Conditions! Use . - Single-family dweling units per acre 7 or less ,. 8.5 Two-family dwelling units per acre - 5 Opton: 15% of the lot. maxi um (D) Bulk and area regulations. (E) Lot widthminimum.; Single-family 60 ft. Two-family 60 ft. Townhouse, no more than two attached - 30 ft. (F) Lotarea minimum Single-family 6,0(0 sq. ft. Two-family - 6,000 sq. It. ' Townhouse, no more than two attached 3.000 sq. It. 4 (G) Land area per dwelling unit. , Single-family 6000 sq. ft. Two-family 3.000 sq. ft. Townhouse, no more than twc attached 3,009 sq. 8. (H) Setback requirements. Front Side Rear' d . f .2511. Bft. 20 ft. (I) Height. Structures in this District are limited to a building height of 45 feet. The height of a pro- ?arc eL o � Friday, October 20, posed structure may only be increased above 45 feet by obtaining a variance after hearing by the Planning Canmission. Existing structures that exceed 45 feel in height shall be grandlathered In, and not considered nonconforming uses. (J) Building area. The area occupied by all buildings shag not exceed 50% of the trial lot area. r (Code 1991, §160.046: Ord. No. 3792, §4,5-17-94: Ord. No. 4100. §2 (Ex. A), 6-16-98: Ord. No. 4178, • 9161,09 District RSF-8, Residential Single -Family -8 Units Per Acre (A) Purpose. The RSF-B Residential District is desIgned to bring historic planed development into I- conformity and to allow for the development of new single family residential areas with similar lot size, density. and land use as the historical neighborhoods in Me downtown area. (B) Uses. (1) Permitted uses. • Unit 1 City-wide uses by right Unit 8 Single4mtelly dwellings • (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Un1t3 Public protection and utility facilities 1 Unit 4 Cultural and recreational facRties Unit 9 Two-family dwellings { Unit 24 Home occupations Unit 36 Wireless comnunicatlons facilities (C) Density. • By Right Conditions] use Single-famly dwelling units per acre 8 or Was - Twotam ly dwelling units per acre - B (D) Bulk and area regulations. -. (1) Lot width minimum. Sinpk•-lamiy. • ' 50ft. , ., Two-family , 50(1. Townhouse, no more than two attached 251t. (2) Lot area minimum. , Single-family 5,000 sq. ft. . . Two-family 5,000 sq. ft. Townhouse, no more thantwo attached 2.500 sq. ft. (3) Land area per dwelling unit. Sirple-family 5,000 sq. ft. Two-family 5.000 sq. ft. Townhouse, no more than two attached 2,500 sq. ft. (E) Setback requirements. ,,. Front Side Rear ( 15 ft. 5 ft. 5 ft. (F) Height regulations. Building height maxkmum 45 ft. I (G) Building area. The area occupied by all buildings shall not exceed 50% of the total lot area, ` except when a detached garage exists otis proposed; then the area occupied by all bufdings shell i cwt exceed 60%d the total Id area. (Ord. 4783.10-18.05) - § 161.10 District RT-12. Residential Two And Three Family (A) Purpose. The RT-12 Residential District is designed to pemit and encourage the development of detached and attached dwellings in suitable enveorunents, to Proulde a development potential between low density and medium density with less toped than medium density development, to encourage Me development of areas with existing public facIllties and to encourage The development of a greater variety of housing values. (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 (2) Conditional uses. Jul12 City-wide uses by conditional use per it Unit3 Public protection ant Miftyfacilities Unit 4 Cultural and recreational facilities I Unit 24 Hame occupations { Unn 36 Wireless canmunkatkns facilities 14 (C)Density. Units per acre 12 or less (D) Bulk and area regulations. Single-family Two-family Ttwee-family Lotwidthminimum 601t. 70(1. 90 ft, Lot area minenum 6,000 sq. ft. 7.200 sq. It. 10.890 sq. It. Land area per dwelling unit 6,000 sq. ft. 3,630 sq. ft. 3.630 sq. ft. (E) Setback requirements. Front Side Rear d 25ft an. 20 ft. - t (F) Height regulations. Building height maximum 30 ft. (G) Building area. The area occupied by all buildings shall not exceed 50% of the total lot area. (Code 1965, App. A.. Al. 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. § 161.11 District RMF-6, Residential Muni -family - Six Units Per Acre (A) Purpose. The RMF-6 M(Mi-amily Residential District is designed to permit and encourage the development of munHsniy residences at a low density that is appropriate to the area and can serve I as a transition between hioher densities and'slnole-femlN residential 'areas. {sl rermmea uses. Unit 1 City-wide uses by right Unit B • Single-family dwellings Unit9 Two-family dweftmgs Unit 10 Three-family dwellings Unil26 MuttWamity dwellings onditional uses, •, City-wide uses by conditional usepemtlt Public protection and utility faclities Cultural and recreational facilities11 Manufactured hmes park 24 Hoe occupations 25 L.CftyWde Professional afnces 6 wireless communications facilities ensity. peracre 4t06 ulk and area regulatio s.t width minimum. .�. ___ Man4acture� 100 ft. YdtwitNn'emanutactured hams Park' - "'60 -_ 50.ft''^T^ - "• n.. ""�. •t, i ` .rrr"ems.•--'-+i I; Single-family • .i,. r Two-family.. " so ft. Three and more 90 ft. Professional offices .100 ft. (2) Lotarea minimters. I Manufactured have park 3 acres Lot within a Manufactured home park 4.200 sq. ft. 1 Townhouse: a • Development 10,000 sq. ft. • IndMdual lot 2,500 sq. ft. I Single-family 6,000 sq. ft. Two-family 7.000 sq. n. Three or more 9,000 eq. II. Fraternity or Sorority 2 acres Professional offices l acre { (3) Land area per dwelling unit. Manufactured home 3,0005g. ft. 5.. Apartments:. - - - •..a. -. No bedrooms 1,700 sq. ft. One bedroom 1.700 sq. ft.. Two or more bedrocns . x 2.000 sq. ft. FraternityorSoraty 1.000 sq. ft per resident (E) Setback requirements. Front Side ' Rear 25 f. Oft. .. 25 f. .,'• Cross reterence(s)-Valences, Ch. 156. 1(F) Height regulations. Any building which exceeds the height of 20 feel shall be set back from any side boundary line an additional distance of one toot for each foot of height In excess of 20 loot. (G) Building area. None. I (Ord. No.4325.7-3-01) i+' 1 § 161.12 District RMF-12, Residential Mufti -Fancy- Twelve Units Per Acre (A) Purpose. The RMF-12 Muni -family Rosldanial District Is designed to permit and encourage the development of muni-family residences at a moderate density that Is appropriate to the area. (B) Uses. .A - "=e c us. (1) Permitted uses. . ' - .4 Unit1 City-wide uses by right . TE{ Unit 8 Single-fantly dwellings Unit 9 Two-famity dwellings I. Unit 10 Three-family dwellings Unit 26 . Multi-farniy dwellings (2) . r. Conditioner uses. •,,4 v ' 4 Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utiliy facilities Unit 4 , Cultural and recreational factures Unit 11 Manufactured home park ' Unit 24 Home occupations r I, ( Unit 25 Professional offices .. Unit 36 Wireless communications facilities . . •-,. (C) Density. Units per acre' 41012 3- (0) Bulk and area regulation. - (1) Lot width minimum. 4 Man a m horns park 100(1.. ..,:I. .. w' Lot within a mnufactured home park 50 ft. Smglamiiy Loft.. T Three iN Wit. Three and more 90 ft. Professional offices 1100 ft. ) Lot area minimum. Manufactured hpark bare 3 acres Lot Townhouse: a manufactured home park 4:200 sq. ft. 1,Dev osmft. • Development lot 10, qf . • Individual i lot 2,500 sq. n. T10gfamilyry 7.000 sq. N. Two-family eor 7.000 sq. ft. Three a mrre 2:acr sq. n. Fraternity al Sorcery 2 arias - • ^ 1 (3) Land areonices 1acre 1 Manufactured) nead ured par dwelling udf. Aparraants:bane 3,000 sa. It.. r ss Apartments: NU bedrooms 1'... 1,700sq. ft. !'. s . one bedroom - 1,700 sq. iL Two or more bedroom 2,000 sq. ft. r s Fraternity or1,000 Sorority sq. ft per resident •(E) Setback regairertenis. Front Side Rear 125 ft. 8 ft. 25(1. Cross reference(s)--Valences, Ch. 156 (F) Height regulations. Any bulking which exceeds the height 0120 feet step be set back from any side boundary line an additional distance of one loot for each loot of height in excess of 20 feet, (G) Building area. None. (Ord. No. 4325, 7-3-01) § 161.13 District RMF-18, Residential MunsFampy- Eighteen Units Per Acre (A) Purpose. The RMF-18 Multi -family Residential District Is designed to permit and encourage the V development 01 residences at a medhsn tlensityMat is appropriate to the area. (B) Uses. •: ' (1) Permitted uses.. - L. Unit1 City-wide uses by right Unit 8 . • Single-family dwellings Unit9 Two-familydwelligs Unit 10 - Three-family dwellings Unit 26 Multi -family dwellings (2) . Conditional -uses. 4 unit 2 • . y- City-wide' uses by -conditional use Permit • .Unit 3 Public. protection and utility facilities •• Unit 4 Cultural and recreational facillties • 4. i Unit 11 Manufactured home park Unit 24.; Homeoccupatlons-J x ,.. .., F Unit 25 Professional offices . Unit 36 Waetess cots uricatlpfls fealties • .. (C)Density. • . Units poracm 41018 . r • (D) Bulk and area regulations. - , e ,e * • ^' E (1) Lot width minimum. ., Friday,.Octob-'r 20, 2006 1 Lot within a manufactured more park 5011 Single-family 60 ft. Two-family 60.8. Three and more - - 9011. Professional offices 100 8.• (2) Lot area minimum. Manufactured home park 3 -acres Lot within a manufactured home park 4,200 sq. f. Townhouse: - • Development 16,000 sq. f:' --- - -' • Individual lot 2.500 sq ft. Single-family .• 6,000 sq. ft. Two-family 7.000s4 ft Three or more 9,000 sq. ft. Fraternity or Sorority 2 acres Professional offices 1 acre "-J - (3) Land area per dwelling unit. -' Manufactured Home 3,000 sq. ft. Aparerrenis: - • No bedroom - 1,700 sq. ft. • One bedroom - 1,700 sq. 8. • Two or more bedrooms 2,000 sq. ft. Fraternity or Sorority 1,000 sq. ft. per resident (E) Setback requirements Front Side Rear : - 258. 8f. 258. - Cross reference(s) -Variances, Ch. 156. - - (F) Height regulations. Any building which exceeds the height o120 test shag be set back from any side boundary line an additional distance of one fool for each fad of height in excess of 20 feet. (G) Building area. None. _ (Ord. No. 4325, 7-3-01) § 161.14 District RMF-24, Residential Multi -Family - Twenty.Four Units Per Acre (A) Purpose. The RMF-24 Multi -family Residential District Is designed to perm and encourage the; developing of a variety of dwelling types in suitableenvironments In a varlery of densities. (B) Uses. . - (1)PermlBed uses. Unit 1 City-wide uses by right Unit B 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 ` s Unit 24 Home occupations Unit 38 Wireless communications facilities (C) Density. - Unitsper acre 'a 4to24 24 . ( - - , .: - • - (D) Bulk and area regulations. ' r ' uI.M ..(1) Lot width L.. Manufactured home park 100 ft. - Lot within a Manufactured home park 50 ft. ( Sigle-lamily - • 60f. _ . Two-family 60f. ' _ i • Three or more 901t. s ' 1 t S Professional offices . 1100 ft. (2) Lot area minimum, Manufactured home park 3 acres Lot within a mobile home park - 4.200 sq f. • '"' i -. • - ` •' • . Townhouses: n .. e - . • Development - 10,000 sq! ft. • Individual lot 2,500 sq f. - , Single-family 6.000 sq ft. - Two-famiy ' 7,000 sq. ft. - 1 Three or more 9,000 sq. ft. Fraternity or Sorority 2 acres Professional offces, 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. f. • Two bedroom 2,000 sq. ft. - 1 Fraternity or Sorority• 1,000 sq. 8. par resident . . { (E) Setback requirements. - . Front - Side - Reer- 258. 8f. 258. ` HOD Single Family Front HOD Single Family Side HOD Single Family Rear 158. 88. 158rHOD Two Family'Front HOD Two Family Side' HOD Two Family Rear 15 ff. - - aft. . . 15 h. ' ax,. 4. w.. HOD Multi Family Front HOD Multi Family Side HOD Multi FamiliPeat. 158. • 8f: 158." Cross reference(s)--Variance, Ch. 156. - (F) Height regulations. Any building which exceeds the height o420 set shall be sat back from any side boundary line an additional distance of one fact for each loot of height In excess of 20 feet. (G) Building area. None. + - (Code 1965. ADD. A.. An, 5(111); Ord. No. 2320,4-6-77; OM. No. 2700, 2-2-61; Code 1991, §160.033: 161.15 District RMF--40, Residential Mush-I-amry-ratty unity rem Rom Purpose. The RMF-40 Multi -family Residential District is designated to protect oxh y multi -family development and to encourage addibnd development of thialloe wt (C) Denslry. 16 ro 40 Units per acre , (O) Bulk and area regulations. ° I. . • (1) Lof width minimum. , • Manufactured home park - 100 tt. ; ' T''� L61 within a manufactured twine park 60 ft. • . Single-farrdly r s' 60 il. Two-family (. .. t+.k 908.' _ 4.r .r. " ': llr. Threesrmoro ,;1008. , Professional offices : �;.• M) Lot area minimum. M t within a m home park .h 3acres. s. Lotwiminamenufacturetl home park 4200 sq. ft. •, , I , Townhouses: - ` . • Development 10.000 sq, 8 .� •Indwltlual lot-^ '1 - 2500 sq. ft. .. Sin91e-family 4 6000sq 8. y •' . Two-family 6500 sq 8. . Three or more - -` - 8000 sq tt.nw -,4., •;,.. Fraternity or Sorority 1 acre (3) Land area per dwelling unit Manufactured ' 3,000 8. home : Lf f Townhouses & apartments sq. , w' • On bberocm 1,000 sq. tt _ .;: • .:. '� One r more o ..'1,000 sq.8. or • Two b bedrooms .•. 1,200 sq. ft ' .. . Fraternity or Sorority 500 sq. ft. per resident (E) Setback requirements. , Front Side. Rear .. •.. 25 tt: 88. 208. - ..,I .r Cross relerence(s)--Variance. Ch. 156. (F) Height regulations. Any building which exceeds the height of 26 feet shall be set back from any side boundary line an additional distance of one foot for each foot of height in excess at 20 feet. (G) Building area. None. .- (Code 1965, App. A, An. 5(IV); Ord. No. 2320; 45-77; Ord. No.,2700. 2.2-81: Ord: No. 1747.6-29- 70; Code 1991, §160.034; Ord. No. 41002 (Ex. A), 616.98; Ord. No. 4178.8-31-99) . § 161.16 District R -O, Residential Office 1 (A) Purpose. Tire Residential -Office District is designed primarily to provide me IN offices and mcdn oul limitation to the nature or sae of the office, together'vsith cdmmumtY o petiole residential uses, r+ (B) Uses. . (1) Permitted uses. (" Unit 1 City-wide uses by night - - _ Unit 5 Government facilities Unit 8 Single-family dwellings : Unit 9 Two-family dwelings . • 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 utfly facilities .. Unit 4 Cultural and recreational faciliies Unit 11 Manufactured home park Unit 13 Eating places - - Unit 24 Home occupations . - Unit 26 Multi -family dwellings ' ' „•' Unit 36 Wireless corrnminicatlons facilities (C) Bulk and area regulations. - , (Per dwelling unit for residential structures) (1) Lot width minimum. . 10Dft - - Manufactured home park Lot within a manufactured home Park £0 ft _ - Single-family - 608.' Two-family ' ,. 60 ft. I "" +r_ Three or more .908 (2) Lot area minimum. -'-- ,3ecree '' Manufactured home path 11 y - •r Lot within a manufactured home park 4,200 sq.8 � {I f Townhouses: a Development 10,000 sq. ft. • Intlivitluel lot .. 2.500 sq ft..- Single-family 6,500 sq. ft. , . I Two -hinny - 6,000 sq (1 , f Three or more 8.000 sq 8' Fraternity or Sorority :k. 1 acre (3) Land area per dwelling unit. .. -'1 Manufactured home `3,000 aq. ft. V Townhouses & apartments: ' 1 000 sq tt • No bedroom 1.000 sq. 8. t' •One bedroom ).. I' • Two or more bedrooms -1,200 sq. 8: _ Fraternity or Sorority ' 500 sq. f. per resident - _ - (D) Density d to 24 Units per acre (E) Setback regulations. - 30 g, Front - - -508. Front, it parkingis allowed between the right -of -Way end the building 15 ft. Front, in the Hillside Overlay District 10 f Side 158. 'I Side, when contiguous to a residential district8 ft Side, in the Hillside Overlay District 25 ft. Rear, without easement or alley ' 10.8.' Rear, from center line of public alley , , 15 f. ". Rear, in the Hillside Overlay District , (F) Height regulations. There shall be no maximum height limits in fl -C) itprovided, however, that any building whim exceeds the height d 20 feet shall be set back with any any boundary fined any RSF 9i RMF area. t an additional distance of one foot for each foot ofh lin excess of 20 feet. • (G) Building area. On any lot. the area Occupied by all buildings' shall not exceed 60% of the total '} J area d such lot. } 1--80;eNo. 1965. Ord. No. 17 7. 629-70;�Codx); e rd. 1991, §1460041: Ord.o..4100. §2 (Ex. .2503, A).•8 6-98; Ord. r 'A 4178, 8.31-99; Ord. 4726, 7-19-05) § 161.17 Dismof C -I, Neighborhood Commercial (A) Purpose. The Neighborhood Conmercial District is designed primarily to predate oonveniende goods and personal services for persons living in Mesunounding residential areas. (B)Uses. .--s (2) Conditional uses {{ Unit 2 City-wide uses by conditions] use permit ll Unit 3 Public protection and utlliy-facil--Wee - ��ff''�� j ar Una 4 Cultural antl recreational facilities -' � ���� ' I� 1 1r� ____ Unit 11 - Manufactured twin pad I'�yl• 1\lll'll 1 Unit 24 Home occupation I Unit 25 Professional offices I Unit 36 Wireless communications facilities Unit 1 City-wide uses by right Unit 12 Offices, studios and related services • Unit 13 Eating places Unit15 Neighborhood shopping — Unit 16 Gasoline service stations and drive -m restaurants Unit 25 Professional offices • (2) Conditional uses. - Unit 2 City-wide uses by conditional use permit Unit 3 Public protection end utility facilities Unit 4 Cultural end recreational facilities Unit34 Uquor stores Unit 35 Outdoor music establishments Unit 36 Wireless communications facilities (C) Density. None. • (D) Bulk and area regulations. None. (E) Setback regulations. Front $g ft. Side None Side, when contiguous to a residential district 10 ft. Rea 20 a. (F) Height regulations. There shall be no maxamam height Wits In C-1 District, provided, however, that any building which exceeds the height 0110 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 f0 feet. (G) Building area. On any lot the area occupied b7 all buildings shall not exceed 40% of the total area of such M. (Code 1965, App. A., An. 5(V); Ord. No. 2603.2.19.80: Ord. No. 1147,6-29-70; Code 1991, §180.035; Ord. No. 4100, §2 (Ex. A). &1&98; Ord. No. 4178, &31-99) § 161.18 District C-2, Thoroughfare Canmerdal (A) Purpose. The Thoroughfare Commercial District Is designed especially to encourage the tunic-: tional grouping of these commercial enterprises catering primarily to highway travelers. (B) Uses. (I) Permitted -uses, Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 12 Offices, studios and related services Unit 13 Eating places Unt 14 Hotel, motel and amusement facilities Unit 15 Neighborhood shopping goods Unit 16 Shopping goods Unit 17 Trades and seMces Unit 18 Gasoline service stations d drive -In restaurants Unit 19 Commercial recreation, small sltes Unit 20 Commercial recreation, cage sites Unit 25 Professional offices Unit 33 Adult live entertainment club at bar Unit 34 Liquor store (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection end utility facilities Unit 21 Warehousing and wholesale Unit 28 Center for cofectng recyclable materials Unit 32 Sexually oriented business r Unit 35 Outdoor music establishments Unit 36 Wireless communications facilities (C) Density. None. (D) Bulk and area regulations. None. (E) Setback regulations. Front Soft Side None Side, when contiguous to a residential district 15 ft. Rea 20(1, (q Het ht I D' . c. - =.o on'll • %r a ataVuecn u, lno uuuoings principal tapede of eMeest fifteen feel. the height span 1-a measured from me mean elevation"of the finlshed grade or sidewalk at the frontage Iee,-wrnMail is higher, to the save of the, roof or cornice for a building with a parapet. Bulldogs already in existence or for who6 a Large Scale Development or Planned Zoning District has been fully approved prior to the Hate of passage of this ordinance shall be grandfaihered in and not be considered as nonconforMng structures as a result of the passage of this ordinance. (Code 1965, App. A., M. 5(Vlp; Ord. No. 2351. 6-21-77: Ord. No. 2603, 2-19-80: Ord. No. 11476- 29-70; Code 1991, §160.037: Ord. No. 4100. §2 (Ex. A), &16-98; Ord. No. 4176. 8.31-99; Ord. 4727, 7.19-05; 4863. 5-02-06) § 161.20 Downtown Core (A) Purpose. Development is most intense, and land use Is densest in his zone. The downtown core is designed to accommodate the cortoerciet 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. For the purposes of Chapter 96: Noise Control, the Downtown Core district Is a commercial zone. (8) Uses. - (1) Permitted uses. Unit I City-wide uses by right Unit 4 Cultural and recreational facnitles Unit 5 Government facilities Units Singlalan6ly dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 12 Offices, studios and related services Unit 13 Eating places Unit 14- Hotel. motet, and amusement facilities ' Unit 15 - Neighborhood shopping goods Unit 16 Shopping goods Unit17 Trades and Services Unit 19 Commercial recreation, small sites Unit 25 Professional offices Unit 26 Multi -family dwellings Unit 34- Liquor stores Note: Amy combination of above uses is perm upon any la within this zone. Conditional uses shalt need approval when combined with pre -approved uses. (2) Conditional uses. Unn 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilnips 4 Unit 24 Home occupations UNt 29 Dance Halls I Unit 3$ Outdoor music establishments Unit 36 Wireless communicaton facilities (C) Density. None. (D) Bulk end area regulators. Note. (E) Setback regulations. Front The principal fa�ade of a building shall be bunt within a build -to zone that is located between the front Property line end a line 25 ft. from the front property line. Side, facing street The principal fa�ade of a building shall be built within a build -to zone that is located between me front property Me and a line 25 n. from the front property line. Side. Internal None Rear, without easement o alley 5 ft. Rea, from center line of an easement or alley 12 ft. (F) Minimum buildable street montage. 80% out width. (G) Height regulations, Maximum height is 12 stales or 168 feel which ever is less. (H)'Parking regulations. No parking lots are allowed to be located in the front or side build -to -zone fnnln a nuhilr rinkt ill treater range of uses is expected and encouraged In the Main Street / Center. The patlally compact and is more like y to have some attached buildings than Downtown Iborhood Conservation. MuitI-slory buildings In the Center are well -silted to acconi- uses, such as apartments or offices above shops. Lofts, live/wurk units, and build - f changing uses over time are appropriate for the Main Street / Center. The Center distance of the surrounding, pdmadly residential seas. For the purposes of Chapter • 9 .,,I.,;._.,.e. n 'atrrc1 C-2 any building which exceeds the height of 20 feet shall be sou B I, the Main Street Center district is a commercial zone. back from any boundary line of any residential district a distance of one foot for each foot of height In I ( ) Uses. - eig Unit 1 milted uses. excess of 20 feel. No building shall exceed six stories or 75feetin height. l 1 y Unit 1 City-wide uses by right area Bustling area. On any 1-6 the area occupied by all buildings shall not exceed 60% of the total Unn 4 Cultural end recreational fam it ies area of such M. i Unit5 Government facilities (Code 1965, APR A., An. 5(VI); Ord. No. 1833, 11-1.71; Ord. No, 2351,6-2-77; Ord. No. 2603,2-19-- . Unit 8 Single-familydwellings 80; Ord. No. 1747, &29.70; Code 1991, §160.036; Ord. No. 4034, §3,4, 4.1597; Ord. No. 410), §2 ' Unit 9 Two-family dwellings(Ex. A), 6-16-98; C3. Central Q .7&31-99; Ord. 4727, 749-05) f ' Unit 10 Three-larvly dwellings § 161.19 ! I Unit 12 Offices, studios and related services (A) Purpose. The Central Commercial District Is designed to eccarwnodete the mnvnercle and natal- ' Unit 13 Eating places ed uses conrrmnly found in the central business district, or regional shopping centers which provide v Unn 14 Hotel, motel, and amusement facilities a wide range of retail and personal service uses, I Unit 15 Neighborhood silo In (8) Uses.shopping goods g Unit 16 Shopping goods r (I) Permitted uses. Unit 17 Trades and services Unit 4 City-wide nd e e right - Unit 19 Commercial recreation, small sites Unit 4 Cultural and recreational faiesfacilities Unit 25 Professional offices Unit 5 Government IeGlllies Unit 26 Multi -family dwellings Unit 12 Offices, studios, and related seMces Unit 34 Liquor stores Unit 13 Hating places Note: Any canration of above uses is per fitted a an I UnUnit14. Hotel, motel, and amusement facibtiea I bid u y G within his zone. Conditional uses Unit 15 Nel hborhootl silo ` shall need approval when combined with pre -approved uses. Unit 16 S g shopping goods (2) Conditional uses, pooping goods : Unit 2 City-wide uses by conditional use permit Unit 18 Gasoline service stations & en restaurants , Unit 3 Public protection and utility facilities - ., Unit 25 Pommercal recreation, small s stiess! Unit 18 Gasoline services stations and drive In restaurants Unit 25 Professional offices I Unit 24 Home occupations Unit 26 Muni -family dwellings Unit 28 Center for collecting recyclable materials Unit 34 Uquor stores Unit 29 Dance halls (2) Conditional uses. Unit 35 Outdoor music establishments Unit 2 City-wide uses by conditional use permit } Unit 36 Wireless communication facilities Unit 3 Public protection and utility facilities 1 (C)Oensity, None. Unit 17 Trades and services ` (0) Bulk and area regulations. Unit 28 Center for collecting recyclable materials Unit 35 Outdoor music estabtishunenis Dwelling) eon gidth minimum. )otel intypes) e. II, Unite Wireless comrcnunicabns facilities - (2) Lot area regulations. tor. Nona. (C) Density. None. (0) Bulk and area regulations. None• (•FrontE) - Setback The principal fa�ade of a building shall be built within a (E) Setback regulations. build -to zone that is located between the front properly line Central Business District Shopping Canter' and a line 25 ft. from the front Front property line 5 n. 25 it. s Side. facing street The principal fa�ade of a building shall be built within a Front, a parking h allowed between the right-of-way build -to zone that is located between the front end the building 50 n. Soft. Property line Side None Noneer end a vine 25 ft. from the front propertykite. Sear, athout None Side, when contiguous to a residential district 10 ft. 25 ft. gear, wimoul easement or alley '5(1. Rea, without easement o alley 1St 25 n. R• eal fts to rpn cene of B public at(ey �, 10!1..,._ _ 10 fl.. _ " center line of an easement or alley 12 ft. n buildable street frontage. 75% of lot width. regulations. Maximum height is 6 stories a 84 feet which ever is less. Above be a snapback of the buildings principal facade of no less than 15 ft. I regulations. No parking rots are allowed to be located in the front or side b Iblic right of way. . (A) Purpose. Downtown General is a flexible zone, and It is not limited to the concentrated mix of I found in the Downtown Core or Mein Street I Center, Downtown General Includes properties it neighborhood that are not categorized as identifiable centers, yet are More Intense in. use Neighborhood Conservation. There is a mixture of single-family homes, rowhouses, apartments, liveAvork units. ActMdes Include a flexible end dynamic range of uses, hors public open sped less Intense residential development and businesses. For the purposes of Chapter 96: Noise Con the Downtown General district Is a residential zone. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-fantlty dwellings Unit 9 Two family dwellings Unit 10 Three-family dwelings Unit 12 Offices, studios and related services Unit IS Eating places Unit 15 Neighborhood shopping goods Unit 25 Professional offices Unit 26 Multi-famly dwellings Note: Any combination of above uses Is perNted upon any lot within this zone. Conditional i shall need approval when combined with pre -approved uses. (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 14 Hotel, rmtel and amusement services . Unit 16 Shopping goods Unit 17 Trades and services Unit 19 Commercial recreation, small drat Unit 24 Hare occupations Unit 28 Career for collecting recyclable materials Unit 36 Wireless communication facilities (C) Density None (0) Bulk and area regulations. } (Dwelling (all unit types) 18 ft. (2) Lot area minimum. None. (E) Setback regulations. Front The principal facade of a building shall be built within a build -to zone that Is located between the front property I and a line 25 ft. Iron, the front property line. Side, lacing most The principal facade of a building shall be built within a build -to zone that Is located between the front property I and a line 25 ft. from the front property line. Side, Internal None Rear, without easement or alley 5 ft. • Rear, from center line of en easement or alley 12 ft. (F) Minimum buildable street frontage. 50% of lot width. (G) Height regulations. Maximum height is 4 stones or 56 feet which ever Is less. (H) Parking regulations. No parking lots are allowed to be located In the front or side build -to - j (A) Purpose. The Neighborhood Conservation zone has the least activity and a lower den other zones. Although Nelghbahood Conservation Is the most purely residential zone. sane mix of uses, such as civic buildings. Neighborhood Conservation serves to pram tact neighborhood character, For the purposes of Chapter 96: Noise Control, the Ni Conservation district is a residential zone. (B) Uses. — (1) Permitted uses. Unh 1 CIty-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings (2) Conditional uses. Unit 2 City-wIde uses by conditional use permit Unit 3 Public protection and utility facilities Unh 4 Cultural and recreational facilities Unit 10 Threedamly dwellings Unit 12 Offices, studios and related services Unit 24 Home occupations Unit 25 Professional services Unit 28 Center for collecting recyclable materials Unit 36 Wireless Communication facilities (C) Density. 10 Units/Acre. (D) Bulk and area regulations. (1) Lot width minimum Single Family 40(1. Two Family 50 it. Three Famiy 60 ft. - {(2) Lot area minimum. 4,000 Sp. R. (E) Setback regulations. . . Front The principal fa�ade of a building shall be built within a build -to zone that Is located between the front property lie and a line 25 ft. Iron the front property line. Side. facing street The principal facade of a building shall be built within a build -to zone that Is located between the front property lie wide line 25 fL ham the front property line. Side, Internal, II adjoining a similar use unit. 5 ft. Side, Internal. If adjoining a different use unit S ft. Rear, without easement or alley 5 It, Rear, from center line of an easement oralley 12 ft. (F) Minknum buildable street frontage. 40% allot width. (G) Heigh regulations, Maxhnum height rs 3 storks or 45 feat which ewer is less. § 161.24 District I-1, Heavy Canrnerclal And Ught Industrial (A) Purpose. The Heavy Commercial District is designed primarily to eccOmmodate certain card clel and light industrial uses which are compatible with ant another but are Inappropriate in of brmnercJai or Industrial districts, The Light Industrial District Is designed t0 group together a w ngaofintlusirial-uses.-which-do not produce objectionable environmental Influences in their op[ Iron and appearance. The regulations of its disfect are Intended to provide a degree a conpati 'fry between uses defeated in this district and those In nearby residential distracts. can (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 places • ' - r , Unit 17 Trades and services — .. Unit 18 Gasoline service stations & drive -In restaurants e, Unit 21 Warehousing and wholesale " Unit 22 Manufacturing Unit 25 Professional offices . Unit 27 Wholesale bulkrpetroleum storage facilities with underground storage tanks (2) Conditional uses. .— _ . Unit 2 City-wide uses by conditional use permit Unit 19 . Commercial recreation, small time . Unit 20 Commercial recreation, large sites r Unit 28 Center for collecting recyclable materials Unit 36 Wireless commaricalans facilities (C) Density. None. (0) Bud and area regulatbng None. wawen.veenue. . m, when adoinning A or R districts 50 ft. m , when adjoining C. I. or P districts 25 ft. e, when adjoining A or R districts 50 ft. a, when adjoining C. I, or P districts 10 ft. if, when adjoining C. I, or Patrkts 10 ft. Height regulations. There shell be no maximum abe limits in I.1 District, provided, however, building which exceeds the height of 25 feet shall be set back from any boundary line of any nl district a distance of one foot for each fool of height in excess of 25 feet. Bud ding area. None. de 1965, App, A., Art. 5(VIII); Ord. No. 2351.6-2-77; Ord. No. 2430. 3.21-78: Ord, No. 2516, Ord. No, 1747, 6-29-70; Code 1991, §160.039; Ord. No. 4100. §2 (Ex. A). 61698: Ord. No. 4 § 161.25 District 1-2, General Industrial (A) Purpose. The General Industrial District Is designed to provide areas for manufacturing and Ini trial activities which may give rise to substantial environment nuisances. which are objectanabl residential and business use. (B) Uses. (1) Permitted uses. Unit 1 Cly-wide. uses by right Unit 3 Public protection and utility facilities Unit 6 • Agriculture Unit 7 Animal husbandry Unit 12 Offices, studios and related services Unit 18 Gasoline service stations & drive-in restaurants Unit 20 Commerclet recreation, large sites Unit 21 Warehousing and wholesale Unit 22 Manufacturing Unit 23 Heavy industrial Unit 28 Center for collecting recyclable materials (2) Conditional uses. Unt 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. (0) Bulk and area regulations. None. (E) Setback regulations. From, when adjoining A a R districts • 100 ft. From, when adjoining C. I a P districts 50 It. Side, when adjoining A or R districts 5o k. Side. when adjoining C, I or P districts 251t. Rear 26 ft. (F) Height regulations. There shall be no Maximum height Irrits in 1-2 Districts. provided, haws that any building which exceeds the height of 25 feel shall be setback Iran, any boundary line of residential district a distance of one foot for each foot of height in excess 01 25 feet. (G) Building area. None. (Code 1965, App. A., An. 5(IX); Ord. No. 2351. 6.21-77: Ord, No. 2516, 4-3-79; Ord. No, 1747, 6 70; Code 1991, §160.040; Ord. No. 3971, §2. 5-21-96: Ord. No. 4100,52 (Ex. A), 6-16.98: Ord. 4178, 8-31-99) § 161.26 District P-1, hMltullonal (A) Purpose. The Institutional District is designed to protect end facilitate use of property owne< larger pi tic 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 Unit 3 Public protection and utility facilities Unit 26 Multi -family dwellings Unit 36 Wireless communications facilities (C) Densty. None. (D) Bulk and area regulations. None. (E) Setback regulations. From 30ft Front. 8 parking is allowed between the right-of-way and the building Soft. Side 2011 Side, when contiguous to a residential district 25 ft. Rear 25 ft. Rear, from center line of public alley 10 ft. (F) Height regulations. There shall be no maximum height limits in P -I Districts, provided, howl that any building which exceeds the height of 20 feet shall be set back from any boundary line of residential district a distance 01 one foot for each four of height in excess of 20 feet. (G) Building area. On any lot the area occupied by all buildings shalt not exceed 60 % of the area of such lol. ' (Code 1965. App. A., An. 5(X1); Ord. No. 2603: Ord, No. 2603. 2.19.80; Ord, No, 2621. 4-1-80; I No. 1747, 6.29-70; Code 1991. §160.042; Ord. No. 4100,§2 (Ex. A). 6-16.98; Ord. No. 4178, 8-31 §161.27 District E-1, Extraction (A) Purpose. The Extraction District is designed to provide areas for the commercial removal of ural accumulations of sand, clay, silt, gravel, rock, and any mineral where such ren oval may ca groundwater problem, noise, dust, traffic problems, erosion, and safety concerns. (B) Uses. (1) Permitted uses. Unit 1 Ctyamide uses by right Unit 30 Extractive uses . (2) Conditional uses. f Unit 2 City-wide uses by conditional use peireli +M - - From: Clarice Pearman To: Conklin, Tim Date: 10.30.06 1:51 PM Subject: Ord. 4930 Attachments: 4930 Amend Title XV-DMP.pdf CC: Audit; GIS Tim, Attached is a copy of the above ordinance regarding the downtown zoning. If anything else is needed please let me know. Thanks. Clarice (l/.t wf y436 Wttevte ARKANSAS TO: City Council FROM: Planning Staff DATE: September 26, 2006 SUBJECT: Downtown Master Plan Zoning Code 113 W. Mountain 5< Fayetteville, AR 72701 Telephone: (479) 57567 Planning Staff has been directed to produce the following exhibit for a possible amendment to the Downtown Master Plan Zoning Code at the October 3, 2006 City Council Meeting. The area shown within the bubble is proposed to be amended from Downtown General to Main Street Center. Current Map fj �2 ,i jy9.3V PETTUS, PETTUS, & McGUIRE LAW FIRM, P.A 1905 East Mission Blvd., Suite 6 P.O. Box 1665 FAYETTEVILLE, AR 72702 • (479)443.2363 Telephone • (479)443-0390 Facsimile E. LAMAR PETTUS Ipetlus@peduslaw.Corn DONNA C. PETTUS dpeltus@pottuslaw.00In September 26, 2006 - Mayor Dan Coody 113 W. Mountain Street Fayetteville, AR 72701 Dear Mayor Coody: SEP 2 ctr} 2008 MARK E. MCGUIRE mmcguire©pettuslaw. cam TINA M. DAMRON tdamron4pntuslaw.com I was at the most recent City Council meeting of September 19, 2006, where a great deal of time was spent listening to neighbors and developers clash over the Downtown Master Plan. Unfortunately, I have been unable to attend meetings concerning the development of this plan. I understand, however, the Downtown Master Plan originally submitted to the Council by city- planning as a result of the extensive work done by Dover -Kohl was an excellent one. Then it is my understanding after the plan was submitted to Ordinance Review and through several meetings, the plan was gradually whittled away, basically depending on who was at the meeting to voice objections as they related to their own special interests. I am no longer a resident of Fayetteville, but just outside of town. My husband and I still own considerable property in Fayetteville, however, and in fact do own properties in the Downtown Master Plan. zoning area. It is of interest to me, then, that perhaps the council and members of the Ordinance Review committee should pay special attention to the proper role of neighbors in zoning cases. I have attached an old Arkansas Law Review article which, despite its age, still contains a great deal of wisdom. It was written by Morton Gitelman, longtime professor. of Land Use and Planning: at the University of Arkansas School of Law. The article, I think, convincingly argues that. while representatives of local government are, and should be,.committed to serving the public interest of the community at large, they often succumb to, "the felt political pressure of the angry neighbors..." The article goes on to say that in most cases this does not make good planning. I hope you can take a few moments out of your very busy schedule to read this article. Once the Downtown Master Zoning Plan is adopted, it will be with us a long time. I believe the original plan submitted was far better than what you have now before you, changed several. times over. While I will be unable to appear at the next City Council meeting, and I will not raise loud and long protests and suggest only one or two self- P:\Home\dpenus\GENCLVtrcouna1092506.doc 1 important voices should be heard, I do ask each of you consider your role as Aldermen for the city as a whole, in this matter, and not just a few vocal neighbors. I would also add to this letter that my husband and I own non-commercial properties in the area claimed to be a part of the West Lafayette Historic Association; we have never been contacted by that organization and that organization does not represent our interests. I know the President of the Association knows us well and who we are. She has made it her business to know. We believe that organization has hurt our interest in the area and object to their speaking on our behalf. Among others, we own property on the corner of Watson and St. Charles Avenue consisting of town house apartments. When such organizations proport to speak on behalf of a certain population, then I suggest an actual roll of proven membership be required. Sincerely, DCP/dpp Enclosure Arkansas Law Review Article PETTUS, PETTUS, MCGUIRE & DAMRON LAW FIRM, P.A. By: Donna C. Pettus P'1Home%dpettvs\G ENCLUVcound 092506. doe 2 stV U1. c". fop • ,g comparative i.1AWinvolves . u -rules. • interests (D.) • rkansas. law:79 hing from the • is citizen, and • r the outcome and more of the Arkansas iw" (E.) than • The modern •on law lands, th this state's e `regard 'our , state's less tip-- n of.our ride, . here is - ample nized rule, it as motto lean he inclination of. under -the= licial opinions N4 Yw ' Case (8) ,will :he considera- Ay governing ;'5 ` theory is fol. • sole basis for tes on Methods 171, 177, re-: LAws 177,183 :'s theory have )f the involved r. 31, 432 P.2d i.E.2d 454, 335 ' teement' of the• 'e choice-influ-. ay. 465 (1953); ;1968); Haugh, , L. Rrv. 38 ' 4 v. Craft, 211• -. d ' 1 22l . • s The Role of the Neighbors in Zoning Cases ` '• :4i of Morfon Gitelman• When a ro p party owner seeks`to have his property rezoned. • to a less restrictive classification, opponents will usually marshall the neighbors and vociferously oppose the rezoning at the public. •hearing; using petitions and personal testimony. This is as it should be, for the process of -zoning or rezoning is legislative in nature and the views of the public are v system t d oei noConsBering • legislation: However, the American legal • a right to be..heard heard prior to ' t accord ` enactment of legislation" nor, a fQ�, a Tight to be listened to.l ` Attorneys who represent• opposing neighbors in zoning pro- ceedings know full well that theOpposi?ion of their clients has no legal import, `yet the petitions will invariably be circulated and the angry neighbors will crowd the room at the hearing . glowering at planning comrnissioners orcouncilmen.and mutter- - curses �t the petitioner: The reason for such behavior on the part of attorneys and neighbors is obvious —the opposing nei ors ant fled to -a Dolitaiyojce before their sentativ renresen al. overnment• Those repro- s terest of the enmm„n;+., . ,: - in -- no the•. Pro • 4,.7• o rezone inthe larger community interest. ii one local government refuses to rezone,; -;the disa d petitaonen.may appeal or seek judicial:'"review, PPa t e local legislature acted arbitra fly -by"caving'fn to the objecttmg neighbors and ignoring -the objective farts. If the rezoning is granted, hheneighbors may seek review, arguing that their rights„ ,were arbitrarily destroyed by the local le the courts have i ion'thet In"either'casf en the rotest of neighbors is merely a fact and should n.t4 be d the validity of the zoning decision.9 - eterminahve of Professor.' of -Law, University of Ark an Planning Commission: .. .. ansas and Chairman, Fag_ r ' L ='See; e.g., Bowles yr Willin h U ._• - a ,.. g am, 321 U.S: 503(1944). 2. 2 M€•izerrIAVM;.LAw_OF-ZqNINc.873 (1955). --The author cites several cases where Judges, iii reviewing zoning amendments, have stated •' -that the wishes of neighbors have no legal significance.- a - { n '1 e, b - i•• p r, • R 222 ARKANSAS LAW REVIEW (Vol. 28:221 In several states zoning enabling legislation has legitimated the neighbors' protest. Typically, this legislation provides that upon petition of a specified percentage of property owners within a specified distance of the property proposed for rezoning, any amendment to the zoning ordinance must be approved by an extraordinary majority of the city governing body.Clearly, this type of statute does not give the petitioning property owner a rlghtito the rezoning in. the absence. of a protest petition nor do the protesting neighbors acquire rights if the extraordinary majority of the city legislature approves the amendment' The most that can be said for such statutes is that they reflect the political decision that stability in zoning patterns is more valued than flexibility and that statutory precision may be better than judge -made equivalents, such as the widely used formula that persons acquiring property in a zoned district have a right to expect that the ordinance will not be changed unless for the pub- lic goods In light of the generally accepted view that the protest of neighbors does not per se invalidate a zoning amendment, the absence of neighbor protest ought not give the petitioning property owner any right to have his property rezoned. Yet, the Arkansas Supreme Court has suggested that the absence of protest tends to show that denial of the rezoning request is arbi- trary! In City of Jonesboro v. Arnold," the Jonesboro Planning Commission had voted to approve a request to rezone property (11 acres) from R-1, Single Family to R-2, a classification which allows apartments. The City Council voted to deny the amend- ment, primarily on the ground that increased traffic in the area, if apartments would be constructed, would be detrimental. The property owner sought relief in the chancery court which held that the city was arbitrary in denying the rezoning request. The 3. The origin of this type of legislation is the Standard State Zon- ing Enabling Act, Section 5, Advisory Committee on Zoning, Dept. of Commerce, A STANDARD STATE ZONING ENADLING ACT UNDER Wmc z MuNiciPALrrn:s MAY ADOPT ZONING REGULATIONS (rev. ed., 1926). Also see, American Society of Planning Officials, THE TEXT OF A MODEL ZONING ORDINANCE 63-65 (3rd ed., 1966). 4. See, e.g., Bob Jones University v. City of Greenville, 133 S.E.2d 843 (S.C. 1963). 5. E.g., Zoning Comm. of Town of New Canaan v. New Canaan Bldg. Co., 148 A.2d 330 (Conn. 1959); Bliss v. City of Fort Worth, 288 S.W.2d 558 (Tex. Civ. App. 1956); Offut v. Bd. of Zoning Appeals of Bal- timore Co., 105 A.2d 219 (Md. 1954); Page v. City of Portland, 165 P.2d 280 (Or. 1946); Kennedy v. City of Evanston, 181 N.E. 312 (Ill. 1932), 6, 255 Ark. 939, 504 S.W.2d 351 (1974), 1974] city appealed kansas rule th upheld unless court relied of the court rev" rezoning by b stating: That the pr borhood is on the part universal a zoning case neighboring greatest dai interest —or In the Jonesbc mony by neig that the chano The resuL gest that a pro neighbors fail failure to reze arbitrary whe absurd, for sev. First, in c a rezoning re the true inter of rezoning ca ipality or lan, a changing n property owns selves by not neighborhood whose standin Obviously, if family zone si mercial uses, marching to t the courts; th and rarely se 7. See Gi L. REv. 22 (1969 8. 241 Ar 9. Id., at i • 1 [Vol. 28:221 L legitimated' provides that iwners within rezoning, any >roved'by an Clearly, this erty owner a : petition nor extraordinary dment 4 The ay reflect the > more valued re better than formula that, ve a right to s for the pub I . the protest of tendment, the to petitioning ,ezoned. Yet, he absence of :quest is arbi- Toro Planning zone property acation which ty the amend- ic in the area, mental. The rt which held request. The lard State Zon- ;ohing, Dept. of UNDER WHrcri d., 1926). Also A MODEL ZONING. ville, 133 S.E.2d v. New Canaan Fort Worth, 288 Appeals of Bal- rtland, 165 P.2d (111. 1932), I.` 19747 ZONING CASES 223 •L city appealed and the supreme court affirmed, applying the Ar- .ti kansas rule that chancellors' decisions in zoning cases would be k" upheld unless against the preponderance of the evidence. T The court relied on the case of Olsen v. City of Little Rock8 where "' the court reversed a chancellor's decision upholding a denial of °fir 'kf. rezoning by both the planning commission and the city council, stating: That the proposed rezoning will notadveisely affect the neigh-' ; borhood is confirmed by the complete absence of any protest .r' on the part of other landowners in the area. Such apparently .� ` ,Y. - - universal acquiesence in the proposal is decidedly unusual in , zoning cases .... It is fair to conclude that none of the• '• �3p+3, x neighboring property owners —the group who would suffer the greatest damage if the reclassification is contrary to the public interest —oppose the plaintiff's petition.° , ' s . r, In the Jonesboro case the court also relied on the absence of testi- s.:. . ; ? mony by neighbors, only this time for the purpose of holding that the chancellor was not arbitrary in reversing the city. .i43 c The result of the two cases, Olsen and Jonesboro, is to sug- . • , , gest that a property owner who requests rezoning in a case where '" neighbors fail to protest is entitled to the rezoning and that •.+ failure to rezone on the part of the city will be presumptively •arbitrary when reviewed judicially. Such a result is � . �� � patently absurd, for several reasons. ;w • '` First, in cases where the neighbors do not appear to protest a rezoning request, the courts have no opportunity to evaluate 4. the true interest of the neighbors. Probably the great majority tST of rezoning cases involve land in undeveloped parts of the munic- ipality or land which is near the fringe of a zoning district in .;;a. a changing neighborhood. In both situations the neighboring p:. property owners may be content to seek higher values for them- selves by not objecting to the rezoning, and, in the changing • neighborhood situation,, the actual neighbors may be tenants, whose standing to object, even if they desired to is questionable. •r'' Obviously, if a property owner in the heart of an existing single- family zone seeks to rezone his ro ert for apartments jay } y P P Y or ' com- mercial uses, the neighbors would be out in full battle dress, . , ,marching.to.,the "spot zoning" tune. Such a case rarely gets to the courts; the rezoning petitioner Mails at the legislative levels and rarely seeks review. Thus, contrary to the language in 4,. 7. See Gitelman, Judicial Review of Zoriing'in Arkansas, 23 ARK. L. Rev. 22 (1969). 8. 241 Ark. 155, 406 S.W.2d 706 (1966), - f; 9. Id., at 157; 406 S.W.2d at 707, 0. 1 • 6 .1 •. 224 ARKANSAS LAW REVIEW [Vol. 28:221 19741 Olsen, absence of neighbor protest is not so unusual in rezoning s of protectionis cases; at the least, courts should not award probative value to r x; neighbors do r lack of neighbor opposition in the absence of thorough evaluation protecting anc of who the neighbors are and what their economic interests property owne might be. losophy is not Second, giving judicial weight to lack of neighbor protest dis- "x of the Arkansa torts the self-percery role of lannin O0mm,ssione 'ty t ' that a zoning legluJtors, namely, as protectors of the greater public interest 1 1 furtherance of and e1fare of the entire comnumiity and not as representatives a Hopefully, of parochua neighborhood inte eed, the logic of Olsen guiding princil and Jones ore can be turned around; when neighbors do protest, indicate that t and the ro p perty is rezoned, such rezoning will usually be up- ; case subsequer held if supported by valid police power reasons. In those cases, the protesting neighbors are viewed as short-sighted defenders a the city denies of parochial interests claiming a vested interest in the status a residential to geared in quo.10 How, then, can absence of protest affect the general we]- oppo in turn affirm fare of the entire community? Holt which did Third, the Olsen -Jonesboro rule is defective in terms of prac- -' ever, Justice I tacal theory. When a property owner seeks rezoning and neigh- -? evidence of ad bors oppose, the planning commission and city legislature have ¶ the rezoning in the full benefit of adversary forces sharpening the decision. tectionism phi Where an advocate for rezoning appears and no opposition is p spoken for the voiced and the petitioner is unable to convince the decision arbitrariness, J makers of the merits of his cause, his cause must be quite weak and Justice B3 at the outset. To then allow the petitioner to raise in the courts close to a majc the lack of opposition as evidence of arbitrariness makes little, zoning. Howe if any, sense Philosophy, inc Fourth, placing weight on neighbor opposition in rezoning wrote Olsen.16 cases reflects a serious distortion of the modern philosophy of _ Arkansas Supi zoning. In the early yearsrof zoning, roughly 1926-1956, the ju- { analysis of the dicial philosophy of zoning was that of protectionism. Taking up the conflict the cue from Mr. Justice Sutherland's opinion in Village of judicial review Euclid, Ohio v. Ambler Realty Coil that the great police power y and unwholese purpose of zoning is to protect residential neighborhoods from jurisprudence. commercial and industrial eacroachment, courts viewed zoning as an end in itself. Today, however, virtually everyone involved t in controlling land use views zoning as a means to an end, a tool to implement land use planning. What is most unfortunate - 12. ARK. Rt about the Olsen and Jonesboro cases is the underlying philosophy , 1 D.R. Mnxnrc xm 13. ARK. Ra 10. See, e.g., Rodgers v. Village of Tarrytown, 96 N.E.2d 731 (N.Y. a 14. 256 Ark 1951); Bartram v. Zoning Comm. of City of Bridgeport, 68 A.2d 308 ' 15. See, e.g. Conn. 1949); Hollearn v. Silverman, 12 A.2d 292 (Pa. 1940). - S.W.2d 751 (196 11. 272 U.S. 365 (1926). '' S.W.2d 697 (1965 16. Gitelma t [Vol. 28:221 ual in rezoning bative value to )ugh evaluation iomic interests bor protest dis- aon` er8-'ard-t1ty public interest represen tives logic of Olsen born do protest, usually be up - In those cases, thted defenders :t in 'the status he general wel- n terms of prac- ning and neigh - legislature have .g the decision. io opposition is ce the decision t be quite weak ise in the courts ss makes little, Jon in rezoning n philosophy of 926-1956, the ju- ionism. Taking a in Village of ≥at police power ;hborhoods from s viewed zoning reayone involved xis to an _end, a nost unfortunate lying philosophy 8 N.E.2d 731 (N.Y. :port, 68 A.2d 308 340). 1974] ZONING CASES 225 of protectionism which offers the sterile formula that if the neighbors do not oppose rezoning, they have no interest worth protecting and therefore the city must allow the petitioning property owner a free hand in his development plans. This phi- losophy is not only passe, it runs counter to the legislative intent of the Arkansas zoning enabling statute of 195712 which specifies that a zoning ordinance may be adopted only in pursuance and - furtherance of a comprehensive land use plan.I3 Hopefully, the Olsen -Jonesboro rationale will not become a guiding principle for the Arkansas Supreme Court. Some signs indicate that the rationale is not yet firmly established. In a case subsequent to Jonesboro, Lindsey v. City of Fayetteville,14 the city denied a request to rezone property from high density residential to commercial uses. No contiguous neighbors ap- peared in opposition. The chancellor affirmed the city and was in turn affirmed by. the supreme court in an opinion by Justice Holt which did not discuss the lack of neighbor .opposition. How- ever, Justice Byrd dissented on the ground that there was no evidence of adverse impact on the neighbors and thus denial of the rezoning might be a taking of petitioner's property (the pro- tectionism philosophy). Three of the present justices have spoken for the view that lack of neighbor protest is evidence of arbitrariness, Justice Smith in Olsen, Justice Jones in Jonesboro and Justice Byrd in his Lindsey dissent. That is dangerously close to a majority which would rely on a protectionist view of zoning. However, several cases can be cited for the planning philosophy, including some written by Justice Smith who also wrote Olsen.15 The future may not be entirely bleak; the Arkansas Supreme Court may yet undertake a thorough self- analysis of . the proper judicial philosophy of zoning and dear up the conflicting lines of cases dealing with the standards of judicial review in zoning cases.16 In the meantime, an aberrant and unwholesome rationale has gained a foothold in Arkansas jurisprudence. 12.. ARE. Rev. STAT, §§ 19-2825-31 (Repl. 1968). Also see, passim, D.R. MANDELKER, THE ZONING DILEMMA (1971). 13. ARE. REv. STAT. § 19-2829(b) (Repl: 1968). 14. - .256 Ark. 352,.507.S.W.2d..101.(1974). 15. See, e.g., City of North Little Rock v. Habrle, 239 Ark. 1007, 395 S.W.2d 751 (1965); City of Little Rock v. McKenzie, 239 Ark. 9, 386 S.W.2d 697 (1965). 16. Gitelman, supra, note 7,