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)