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HomeMy WebLinkAboutOrdinance 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)