HomeMy WebLinkAboutOrdinance 5028 ORDINANCE NO. 5028
AN ORDINANCE AMENDING TITLE XV: UNIFIED
DEVELOPMENT CODE OF THE CODE OF FAYETTEVILLE TO
AMEND CHAPTER 161 : ZONING REGULATIONS, CHAPTER
162: USE UNITS, CHAPTER 163 : USE CONDITIONS, AND
CHAPTER 166: DEVELOPMENT IN ORDER TO ASSIGN USE
UNIT 29: DANCE HALLS, USE UNIT 40: SIDEWALK CAFES,
AND USE UNIT 5 : GOVERNMENT FACILITES TO
APPROPRIATE ZONING DISTRICTS AND TO REMOVE
REFRENCES TO THE C-4 ZONING DISTRICT AND REPLACE
IT WITH THE DOWNTOWN CORE, MAIN STREET CENTER,
AND DOWNTOWN GENERAL ZONING DISTRICTS IN THE
COMMERCIAL DESIGN STANDARDS, AND TO ADD ANIMAL
ORDINANCE DEFINITIONS TO CHAPTER 151 : DEFINITIONS.
WHEREAS, the City of Fayetteville recognizes that some commercial uses may be
appropriate in certain commercial zoning districts on a conditional basis,
WHEREAS, the City of Fayetteville has determined that street activities should be
encouraged in appropriate locations; and
WHEREAS, the City of Fayetteville recognizes that street activities should be
regulated by the City in order to ensure that access to the public right of way is safe;
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 . That Chapter 161 : Zoning Regulations is amended by inserting Use Unit 40: Sidewalk
Cafes as a Conditional Use in appropriate Commercial Zoning Districts, a copy of which marked Exhibit
"A" is attached hereto and made a part hereof.
Section 2. That Chapter 161 : Zoning Regulations is amended by inserting Use Unit 29: Dance
Halls as a Conditional Use in the C-2 Thoroughfare Commercial and C-3 Central Commercial Zoning
Districts, a copy of which marked Exhibit `B" is attached hereto and made a part hereof.
Section 3. That Chapter 161 : Zoning Regulations is amended by inserting Use Unit 5 : Government
Facilities as a Permitted Use in all Commercial and Industrial Zoning Districts. A copy of which marked
Exhibit "C" is attached hereto and made a part hereof.
Section 4. That Chapter 161 : Zoning Regulations is amended by inserting Use Unit 5: Government
Facilities as a Conditional Use in all Residential Zoning Districts. A copy of which marked Exhibit "D" is
attached hereto and made a part hereof
Page 2
Ord. 5028
Section 5. That Chapter 162: Use Units is amended by removing Fire Protection and Police
Protection from Use Unit 3 : Public Protection and Utilities Facilities. A copy of which marked Exhibit "E"
is attached hereto and made a part hereof.
Section 6. That Chapter 163: Use Conditions is amended by adding the Downtown Core and Main
Street Center Zoning Districts to § 163.06 Dance Halls and removing the C4 Downtown Commercial
Zoning District. A copy of which marked Exhibit "F" is attached hereto and made a part hereof.
Section 7. That Chapter 164: Supplementary District Regulations is amended by removing the
reference to C4 in § 164. 17(B) and inserting the Downtown Core, Main Street Center and Downtown
General Zoning Districts, a copy of which marked Exhibit "G" is attached hereto and made a part hereof.
Section 8. That Chapter 166: Development is amended by removing the reference to C-4 in
§ 166. 14(C)(3) and § 166. 14(C)(7)(b) and inserting the Downtown Core, Main Street Center and Downtown
General Zoning Districts, a copy of which marked Exhibit "H" is attached hereto and made a part hereof.
Section 9. That Chapter 151 : Definitions is amended by inserting Animal Ordinance definitions
related to zoning, a copy of which marked Exhibit "I" is attached hereto and made a part hereof.
I RK/TR lift'%
PASSED and APPROVED this the 19th day of June, 2007. G . Y 00
APPROVED- ATTEST: : FAYETTEVILLE ;
s'• RKANSP.J2�?
By: By: it I®C, ��' 5,/NGTON GP`''``
AN t
SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT "A"
Chapter 161: Zoning Regulations shall be amended by inserting Use Unit 40. Sidewalk CafWs as a
Conditional Use in the following Zoning Districts:
§161.17 District C-1. Neighborhood Commercial
(13)(2) Conditional Uses. Unit 40 — Sidewalk Cafes
§161.18 District C-2. Thoroughfare Commercial
(13)(2) Conditional Uses. Unit 40 — Sidewalk Cafes
§161.19 District C-3. Central Commercial
(13)(2) Conditional Uses. Unit 40 — Sidewalk Cafes
§161.20 Downtown Core
(13)(2) Conditional Uses. Unit 40 — Sidewalk Cafes
§161.21 Main Street Center
(13)(2) Conditional Uses. Unit 40 — Sidewalk Cafes
§161.22 Downtown General
(13)(2) Conditional Uses. Unit 40 — Sidewalk Cafes
EXHIBIT "B"
Chapter 161: Zoning Regulations shall be amended by inserting Use Unit 19: Dance Halls as a
Conditional Use in the following Zoning Districts:
§161.18 District C-2, Thoroughfare Commercial
(13)(2) Conditional Uses. Unit 29 — Dance Halls
§161 .19 District C-3, Central Commercial
(13)(2) Conditional Uses. Unit 29 — Dance Halls
EXHIBIT "C"
Chapter 161: Zoning Regulations shall be amended by inserting Use Unit 5: Government Facilities as a
Permitted Use in the following Zoning Districts:
§161 .17 District C-1, Neighborhood Commercial
(B)( l ) Permitted Uses. Unit 5 — Government Facilities
§161.18 District C-2, Thoroughfare Commercial
(B)( l ) Permitted Uses. Unit 5 — Govemment Facilities
§161 .24 District I-1, Heavy Commercial and Light Industrial
(13)( 1 ) Permitted Uses. Unit 5 — Government Facilities
§161.25 District I-2, General Industrial
(B)( 1 ) Permitted Uses, Unit 5 — Govemment Facilities
EXHIBIT "D"
Chapter 161: Zoning Regulations shall be amended by inserting Use Unit S: Government Facilities as a
Conditional Use in thejollowing Zoning Districts:
§161.03 District R-A, Residential Agricultural
(B)(2) Conditional Uses. Unit 5 — Government Facilities
§161.04 District RSF-.5, Residential Single Family — One Half Unit Per Acre
(B)(2) Conditional Uses. Unit 5 — Government Facilities
§161.05 District RSF-1, Residential Single Family — One Unit Per Acre
(D) Conditional Uses. Unit 5 — Government Facilities
§161.06 District RSF-2, Residential Single Family — Two Units Per Acre
(D) Conditional Uses. Unit 5 — Government Facilities
§161.07 District RSF-4, Residential Single Family — Four Units Per Acre
(B)(2) Conditional Uses. Unit 5 — Government Facilities
§161.08 District RSF-7, Residential Single Family — Seven Units Per Acre
(B)(2) Conditional Uses. Unit 5 — Government Facilities
§161.09 District RSF-8, Residential Single Family — Eight Units Per Acre
(13)(2) Conditional Uses. Unit 5 — Government Facilities
§161.10 District RT-12, Residential Two and Three Family
(B)(2) Conditional Uses. Unit 5 — Government Facilities
§161 .11 District RMF-6, Residential Multi-Family — Six Units Per Acre
(B)(2) Conditional Uses. Unit 5 — Government Facilities
§161.12 District RMF-12, Residential Multi-Family — Twelve Units Per Acre
(13)(2) Conditional Uses. Unit 5 — Government Facilities
§161.13 District RMF-18, Residential Multi-Family — Eighteen Units Per Acre
(13)(2) Conditional Uses. Unit 5 — Government Facilities
§161.14 District RMF-24, Residential Multi-Family — Twenty Four Units Per Acre
(B)(2) Conditional Uses. Unit 5 — Government Facilities
§161.15 District RMF-40, Residential Multi-Family — Forty Units Per Acre
(B)(2) Conditional Uses. Unit 5 — Government Facilities
EXHIBIT "E"
Chapter 162: Use Units shall be amended by removing Police Protection and Fire Protection from Use
Unit 3 Public Protection and Utility Facilities and replacing §162.01(C)(1):
§161.01 Establishment Listing
(C) Unit 3. Public protection and utithy facilities.
(2) Include Uses:
Facilities of Public Service *Electric regulating station
Corporations: •Pressure control station
•Transmission station for
tower, radio, telegraph,
telephone, television
Other utility and protective •Airway beacon
facilities: •Public utility maintenance
building, warehouse, or
storage building
•Water pipeline rights-of-
way, sewer or water
treatment plant, water
storage facility
Railroad rights-of-way
Communications and utility
transmission line rights-of-
way
EXHIBIT "F"
Chapter 163: Use Conditions shall be amended by re-adopting §163.06 Dance Halls in its entirety:
163.06 Dance Halls
Dance halls shall not be allowed in any zoning district except C-2, C-3, Downtown Core, and Main Street Center where
they may be allowed as conditional uses subject to the following conditions:
(A) Site plan. A site plan showing the property lines, structures on the property, driveways and parking spaces shall
be filed with the Planning Division at least 15 days before the Planning Commission meeting at which the
conditional use application will be considered.
(B) Inspection. Before a conditional use permit is issued for a dance hall, the building must be inspected by the fire
marshal and building inspector to assure compliance with the Arkansas State Fire Code and to assure that no
significant safety hazards exist. No conditional use permit shall be issued for a dance hall facility if the building
does not pass inspection.
(Code 1991, §160.096; Ord. No. 3780, §I, 4-19-94; Ord. No. 4100, §2 (Ex. A), 6-16-98)
EXHIBIT "G"
The reference to G4 is to be removed from Chapter 164 Supplementary District Regulations:
164. 17(B) G4
The Downtown Core, Main Street Center, and Downtown General Zoning Districts shall be inserted in
Chapter 166 Development:
164. 17(B) DC, MSC, DG
EXHIBIT "H"
The reference to G4 is to be removed from Chapter 166 Development:
166. 14(C)(3) "
166. 14(C)(7)(b) 6-4
The Downtown Core, Main Street Center, and Downtown General Zoning Districts shall be inserted in
Chapter 166 Development:
166. 14(C)(3) DC, MSC, DG
166. 14(C)(7)(b) DC, MSC, DG
EXHIBIT "P'
The following deJlnitions are to be inserted in Chapter 151 Definitions:
Kennel. (Zoning) A structure or facility used for the purpose of breeding two or more litters of puppies or
kittens within any twelve month period. A facility used for commercially boarding more than three dogs or
cats or combination thereof at any time shall be considered a "Kennel"
Pet Shop. (Zoning) A commercial establishment or facility which regularly sells pets such as dogs, cats,
birds, rodents, reptiles and/or fish to the general public.
6//9/07
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
19 -Jun -07
City Council Meeting Date
Leif Olson Planning Operations
Submitted By Division Department
Action Required:
ADM 07-2566: Ordinance to amend various chapters of the UDC to clarify zoning districts in which sidewalk cafes, dance
halls and government facilities may occur; to remove C-4 refrences; and to add Animal Ordinance definitions to the UDC.
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City Council Meeting of June 19, 2006
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Tim Conklin, Planning and Development Management Director
Gary Dumas, Director of Operations
From: Leif Olson, Long Range Planner
Jeremy Pate, Director of Current Planning
Date: May 31, 2007
Subject: Ordinance to amend various chapters of the UDC to clarify zoning
districts in which sidewalk cafes, dance halls and government facilities
may occur; to remove C-4 refrences; and to add Animal Ordinance
definitions to the UDC. (ADM 07-2566)
Planning Staff recommends approval of an ordinance amending the Unified Development
Code to clarify the zoning districts in which sidewalk cafes, dance halls, and
governement facilities may occur. Additionally, amendments are proposed to remove
refrences to the C-4 zoning district which had been repealed, and to add definitions to the
Code from the recently adopted Animal Ordinance as they relate to zoning districts.
BACKGROUND
The City Council approved Ordinance Number 4946 establishing Chapter 178: Sidewalk
Cafes on November 21, 2006. This ordinance will assign a Use Unit for Sidewalk Cafes
and establish them as Conditional Uses in appropriate Commercial Zoning Districts, as
indicated in the attached exhibits.
Use Unit 29: Dance Halls is a use permitted by conditional use permit approval by the
Planning Commission in certain Commercial zoning districts (C-2, C-3, C-4). However,
with the Downtown Zoning Code amendments, many of these zoning districts were
changed to Downtown Core and Main Street Center. Staff proposes clarifying the two
code sections that relate to dance halls, still requiring them to be conditional uses, but
removing the C-4 reference (which is no longer a zoning district in the City) and adding
Main Street Center and Downtown Core to Ch. 163, which gives specific requirements
for dance halls.
Staff recommends removing Fire Protection and Police Protection from Use Unit 3:
Public Protection and Utilities Facilities, which contains uses such wastewater plants, lift
stations, etc., and leaving them in Use Unit 5: Government Facilities. Additionally, staff
recommends adding Use Unit 5: Government Facilities to all commercial and industrial
City Council Meeting of June 19, 2006
Agenda Item Number
zoning districts as a use by right, and to residential zoning districts as a conditional use
permit.
Finally, new definitions for terms related to the newly adopted Animal Ordinance which
relate to the UDC for zoning purposes are being added to Ch. 151 Definitions.
All of these amendments presented continue to streamline and clarify the Unified
Development Code, creating a better, more user friendly document.
DISCUSSION
This item was heard at the regular Planning Commission on May 29, 2007. The Planning
Commission voted 7-0-0 to recommend approval of the amendment to the City Council.
BUDGET IMPACT
None.
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE XV: UNIFIED
DEVELOPMENT CODE OF THE CODE OF FAYETTEVILLE TO
AMEND CHAPTER 161: ZONING REGULATIONS, CHAPTER
162: USE UNITS, CHAPTER 163: USE CONDITIONS, AND
CHAPTER 166: DEVELOPMENT IN ORDER TO ASSIGN USE
UNIT 29: DANCE HALLS, USE UNIT 40: SIDEWALK CAFES,
AND USE UNIT 5: GOVERNMENT FACILITES TO
APPROPRIATE ZONING DISTRICTS AND TO REMOVE
REFRENCES TO THE C-4 ZONING DISTRICT AND REPLACE
WITH THE DOWNTOWN CORE, MAIN STREET CENTER, AND
DOWNTOWN GENERAL ZONING DISTRICT IN THE
COMMERCIAL DESIGN STANDARDS, AND TO ADD ANIMAL
ORDINANCE DEFINITIONS TO CHAPTER 151: DEFINITIONS.
WHEREAS, the City of Fayetteville recognizes that some commercial uses may be
appropriate in certain commercial zoning districts on a conditional basis,
WHEREAS, the City of Fayetteville has determined that street activities should be
encouraged in appropriate locations; and
WHEREAS, the City of Fayetteville recognizes that street activities should be
regulated by the City in order to insure that access to the public right of way is safe;
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That Chapter 161: Zoning Regulations is amended by inserting Use Unit 40: Sidewalk
Cafes as a Conditional Use in appropriate Commercial Zoning Districts, a copy of which is marked Exhibit
"A" is attached hereto and made a part hereof.
Section 2. That Chapter 161: Zoning Regulations is amended by inserting Use Unit 29: Dance
Halls as a Conditional Use in the C-2 Thoroughfare Commercial and C-3 Central Commercial Zoning
Districts, a copy of which is marked Exhibit "B" is attached hereto and made a part hereof.
Section 3. That Chapter 161: Zoning Regulations is amended by inserting Use Unit 5: Government
Facilities as a Permitted Use in all Commercial and Industrial Zoning Districts. A copy of which is marked
Exhibit "C" is attached hereto and made a part hereof.
Section 4. That Chapter 161: Zoning Regulations is amended by inserting Use Unit 5: Government
Facilities as a Conditional Use in all Residential Zoning Districts. A copy of which is marked Exhibit "D"
is attached hereto and made a pan hereof
Section 5. That Chapter 162: Use Units is amended by removing Fire Protection and Police
Protection from Use Unit 3: Public Protection and Utilities Facilities. A copy of which is marked Exhibit
"E" is attached hereto and made a pan hereof.
Section 6. That Chapter 163: Use Conditions is amended by adding the Downtown Core and Main
Street Center Zoning Districts to §163.06 Dance Halls and removing the C-4 Downtown Commercial
Zoning District. A copy of which is marked Exhibit "F" is attached hereto and made a part hereof.
Section 7. That Chapter 164: Supplementary District Regulations is amended by removing the
reference to C-4 in § 164.17(6) and inserting the Downtown Core, Main Street Center and Downtown
General Zoning Districts, a copy of which is marked Exhibit "G" is attached hereto and made a part hereof.
Section 8. That Chapter 166: Development is amended by removing the reference to C-4 in
§ I66.14(C)(3) and § 166.14(C)(7)(b) and inserting the Downtown Core, Main Street Center and Downtown
General Zoning Districts, a copy of which is marked Exhibit "H" is attached hereto and made a part hereof
Section 9. That Chapter 151: Definitions is amended by inserting Animal Ordinance definitions
related to zoning, a copy of which is marked Exhibit "1" is attached hereto and made a part hereof.
PASSED and APPROVED this the day of, 2007.
M77tTs2 l
By:
DAN COODY, Mayor
ATTEST:
By:
SONDRA SMITH, City Clerk
EXHIBIT "A"
Chapter 161: Zoning Regulations shall be amended by inserting Be Unit 40: Sidewalk Cafes as a
Conditional Use in the following Zoning Districts:
§161.17 District C-1. Neighborhood Commercial
(B)(2) Conditional Uses. Unit 40 — Sidewalk Cafes
§161.18 District C-2. Thoroughfare Commercial
(B)(2) Conditional Uses. Unit 40 - Sidewalk Cafes
§161.19 District C-3. Central Commercial
(B)(2) Conditional Uses. Unit 40 - Sidewalk Cafes
§161.20 Downtown Core
(B)(2) Conditional Uses. Unit 40 - Sidewalk Cafes
§161.21 Main Street Center
(B)(2) Conditional Uses. Unit 40 - Sidewalk Cafes
§161.22 Downtown General
(B)(2) Conditional Uses. Unit 40 — Sidewalk Cafes
EXHIBIT "B"
Chapter 161: Zoning Regulations shall be amended by inserting Use Unit 29: Dance Halls as a
Conditional Use in the following Zoning Districts:
§161.18 District C-2, Thoroughfare Commercial
(B)(2) Conditional Uses. Unit 29 — Dance Halls
§161.19 District C-3, Central Commercial
(B)(2) Conditional Uses. Unit 29 — Dance Halls
EXHIBIT "C"
Chapter 161: Zoning Regulations shall be amended by inserting Use Unit 5: Government Facilities as a
Permitted Use in the following Zoning Districts:
§161.17 District C-1, Neighborhood Commercial
(B)(1) Permitted Uses. Unit 5 - Government Facilities
§161.18 District C-2, Thoroughfare Commercial
(B)(1) Permitted Uses. Unit 5 -Government Facilities
§161.24 District 1-1, Heavy Commercial and Light Industrial
(B)(1) Permitted Uses. Unit 5 -- Government Facilities
§161.25 District 1-2, General Industrial
(B)(1) Permitted Uses. Unit 5 - Govemment Facilities
EXHIBIT "D"
Chapter 161: Zoning Regulations shall be amended by inserting Use Unit 5: Government Facilities as a
Conditional Use in the following Zoning Districts:
§161.03 District R -A, Residential Agricultural
(B)(2) Conditional Uses. Unit 5 — Government Facilities
§161.04 District RSF-.5, Residential Single Family — One Half Unit Per Acre
(B)(2) Conditional Uses. Unit 5 — Government Facilities
§161.05 District RSF-1, Residential Single Family — One Unit Per Acre
(D) Conditional Uses. Unit 5 — Government Facilities
§161.06 District RSF-2, Residential Single Family — Two Units Per Acre
(D) Conditional Uses. Unit 5 — Government Facilities
§161.07 District RSF-4, Residential Single Family — Four Units Per Acre
(B)(2) Conditional Uses. Unit 5 — Government Facilities
§161.08 District RSF-7, Residential Single Family — Seven Units Per Acre
(B)(2) Conditional Uses. Unit 5 — Government Facilities
§161.09 District RSF-8, Residential Single Family — Eight Units Per Acre
(B)(2) Conditional Uses. Unit 5 — Government Facilities
§161.10 District RT-12, Residential Two and Three Family
(B)(2) Conditional Uses. Unit 5 — Government Facilities
§161.11 District RMF-6, Residential Multi -Family — Six Units Per Acre
(B)(2) Conditional Uses. Unit 5 - Government Facilities
§161.12 District RMF-12, Residential Multi -Family — Twelve Units Per Acre
(B)(2) Conditional Uses. Unit 5 — Government Facilities
§161.13 District RMF-18, Residential Multi -Family — Eighteen Units Per Acre
(B)(2) Conditional Uses. Unit 5 — Government Facilities
§161.14 District RMF-24, Residential Multi -Family — Twenty Four Units Per Acre
(B)(2) Conditional Uses. Unit 5 — Government Facilities
§161.15 District RMF-40, Residential Multi -Family — Forty Units Per Acre
(B)(2) Conditional Uses. Unit 5 — Government Facilities
EXHIBIT "E"
Chapter 162: Use Units shall be amended by removing Police Protection and Fire Protection from Use
Unit 3 Public Protection and Utility Facilities and replacing §162.01(C)(2):
§162.OIEstablishment Listing
(C) Unit 3. Public protection and utility facilities.
(2) Include Uses:
Facilities of Public Service
•Electric regulating station
Corporations:
•Pressure control station
•Transmission station for
tower, radio, telegraph,
telephone. television
Other utility and protective
•Airway beacon
facilities:
•Public utility maintenance
building, warehouse, or
storage building
•Water pipeline rights -of -
way, sewer or water
treatment plant, water
storage facility
Railroad rights -of -way
Communications and utility
transmission line rights -of -
way
EXHIBIT "F"
Chapter 163: Use Conditions shall be amended by re -adopting §163.06 Dance Halls in its entirety:
163.06 Dance Halls
Dance halls shall not be allowed in any zoning district except C-2, C-3, Downtown Core, and Main Street
Center where they may be allowed as conditional uses subject to the following conditions:
(A) Site plan. A site plan showing the property lines, structures on the property, driveways and parking
spaces shall be filed with the Planning Division at least 15 days before the Planning Commission
meeting at which the conditional use application will be considered.
(B) Inspection. Before a conditional use permit is issued for a dance hall, the building must be inspected by
the fire marshal and building inspector to assure compliance with the Arkansas State Fire Code and to
assure that no significant safety hazards exist. No conditional use permit shall be issued for a dance
hall facility if the building does not pass inspection.
(Code 1991. §160.096; Ord. No. 3780, §1, 4-19-94; Ord. No. 4100. §2 (Ex. A), 6-16-98)
EXHIBIT "G"
The reference to C-4 is to be removed from Chapter 164 Supplementary District Regulations:
164.17(B) E-4
The Downtown Core, Main Street Center, and Downtown General Zoning Districts shall be inserted in
Chapter 166 Development:
164.17(B) DC, MSC, DG
EXHIBIT "H"
The reference to G4 is to be removed from Chapter 166 Development:
166.14(C)(3) C-4
166.I4(C)(7)(b) C-4
The Downtown Core, Main Street Center, and Downtown General Zoning Districts shall be inserted in
Chapter 166 Development:
166.I4(C)(3) DC, MSC, DG
166.14(C)(7)(b) DC, MSC, DG
EXHIBIT "I"
The following definitions are to be inserted in Chapter 151 Definitions:
Kennel. (Zoning) A structure or facility used for the purpose of breeding two or more litters of puppies or
kittens within any twelve month period. A facility used for commercially boarding more than three dogs or
cats or combination thereof at any time shall be considered a "Kennel."
Pet Shop. (Zoning) A commercial establishment or facility which regularly sells pets such as dogs, cats,
birds, rodents, reptiles and/or fish to the general public.
Planning Commission
May 29, 2007
Page 12 of 12
ADM 07-2566: Administrative Item (USE UNIT AMENDMENTS): An ordinance to amend
various chapters of the UDC to clarify zoning districts in which sidewalk cafes, dance halls and
government facilities may occur; to remove C-4 references; and to add Animal Ordinance definitions
to the UDC.
Tim Conklin, Planning and Development Management Director, gave the staff report. He
described the amendment as a "catch-all" for various uses in the Unified Development Code.
Exhibits A through I describe each amendment, and each was discussed, including: sidewalk
cafes being added as a conditional use in all commercial zoning districts; clarifying Use Unit 29
(dance halls) as a conditional use permit in C-2, C-3; removing fire and police protection
facilities from Use Unit 3 and retaining them in Use Unit 5; adding Use Unit 5 to commercial
and industrial districts as a use by right, and in all residential districts as a conditional use;
finding and replacing any reference to C-4 from the Code, as this zoning designation was
repealed with the Downtown Zoning Code; and adding definitions that came out of the Animal
Ordinance amendments, including kennels and petshops.
No public comment was received.
Jeremy Pate, Director of Current Planning, discussed the potential need for a definition of
"hobbyist," as it relates to the animal ordinance and zoning. A hobbyist is permitted within
residential zoning districts, because they are not commercially boarding animals, and a maximum of
one litter per year is permitted.
Kit Williams, City Attorney, stated he did not feel this definition was necessarily needed.
Motion:
Commissioner Myres made a motion to forward the item to the City Council with a
recommendation of approval, with the modifications to be made by staff. Commissioner Harris
seconded the motion. Upon roll call, the motion passed with a vote of 7-0-0.
ANNOUNCEMENTS:
Commissioner Harris announced this was her last meeting, as she was moving out of state. She
appreciated the Planning Commission and staffs hard work, and regrets that she can not fulfill her
full term.
Jeremy Pate, Director of Current Planning, announced the Subdivision Committee meeting of
Thursday, May 31.
All business being concluded, the meeting adjourned at 6.58 PM.
(7.2.07) lance Pearman - Ord. 5026, 5027, 5028 & 5029 Page 1
From: Clarice Pearman
To: Pate, Jeremy
Date: 7.2.07 4:25 PM
Subject: Ord. 5026, 5027, 5028 & 5029
Attachments: 5029 Amend Ch 151-161 & 163.pdf;
166.pdf; 5026 R-PZD 07-2531.pdf
5027 VAC 07-2568.pdf; 5028 Amend 161-163 &
CC: Audit; GIS
Jeremy:
Attached are the above ordinances passed by Coundl, June 19, 2007. Please let me know if there is anything else needed. Have a
good day.
Thanks.
Clarice
Clarice Buffalohead-Pearman, C.A.M.C., C.M.C.
City Clerk/Treasurer Division
113 West Mountain
Fayetteville, AR 72701
479-575-8309
coearmanea.favetteville. ar. us
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OI• p UI tMM - --
ORDINANCE AMENDING TITLE XY. UNIFIED
ffOPMLOPOFAT CODE OF THE CODE OF
IN R G-
iTam O AMEND CHAPTER 181: TS. CH TER
1: USE CHAPTER 182. USE 11CHA• GRAPIER
I; USE ENTCONDIT}ONS, AND CHAPTER 788: ARKANSAS
2LOPktENT IN ORDER. TO ASSIGN 113E 11141T
REFRENCFS TO THE C-4
MAN STREET CENTER,
L DESIGN STANDARDS.
1: DEFINITIONS.
IwBe recognbe that sane cwnnerd4 uses may be eppropYte
riots ona cmdltipnel ban,
uNlle has tlrerMned that street ac8N6es tiEd be ancoum ed
Wine rhtcgrzn set sheet acesbles ahmild be rigdred by the C
to the public right d way is safe;
BkIPA81M By 7118 cry couumt or us ant 1
1. met CMptr ift Zoning Regulations is rrmul d by Inlaentklg L%e:UNt 40: SI
.,a cadtionel Visa h appropriate COrmeroul Zonng Orwicb,.a.c?py of which i
K le etfa&.d heratll and Node a pat hired.
2.. That Chapter 161: Zoq Regulations a needed by heating Use (ft 2& DI M
ndlepna Use In The C-2 Thaoutflsro Cmmaclr and CS Central Cahrerbw
• ■espy a Mach marked E4iltl B' is abetted hereto aid made a pad tweet.
3. 7TW Choose 161: Zoning Regulations u ended by kwrrig Use Unit 5: Gel's
I e aParmWd U•. In' S CamwcW ad haeaia Zoning DSUkn. A copy 0
Dehb► C'is atnaed hrro and made a Pon haeJ.
(Thot Chapter 161: Zoning Regulations is amended by yaaalg Use Ur* 5: Goy.
ite a Co dtonei Use In aft Resdent al Zoning Diwbn. A copy of which rwrked Ed
ad hamo arc nwfa a pat haea
5. The Chepta t& Use UNas is amended by renwkg Fire protection arc
m from Ue Una 1 Public P.s- u end Uebtles FaCw t A wq d which named
itched hewoand made a put heisof.
& That Chapter 481 flea Candltloe is amadedd by adding the Downtosn Coa r
Section 7. That Chapter 164: 9upplrreMery District Regulations Is armrdsd by mrmNg that
ore cis to C-4 in §164:/7(1.) at kar8np to DOwtam On. Man Seen Caner are Dow io
General Zoning Districts, a copy of which marled Exhibit b' 1s attached hereto and Made a p
Section & That Chapter 168: Development Is amended by rrncdng the ratewca to C-4
§186.14(CX3) and §16a.14(C)(7Xb) ad Inserting Via Om mown Cam, P n-Slmet Cara
Do wnown Genera Zoning Diarcte, a copy of which corked E#tit'H' is affected hereto a
mate a pant lrawt.
Section 9. That Chapter 151: Definitions Is aeerded by heating Area] Ordne cis ds4 1taw w
ad to Xoni g, w copy otwhch marked Eaf'I- N wachadheraro at made a part hared.
RRMMnMAPP118Yamla me 19M day d Ate,2007. -.
APPROVED:: ATTEST.
WM Coln. mwww BBOA L lSn% aft aetl8awwewe
EXHIBIT'A'
Chapter 181: ZorS g Regulations WS be amaded by aarmg Use rho 40. Shot O Calls
Caditcrw Us. in m .
e tuZaag Ofaicar:
l.e. .l Alselm.0_t !•irAwni�l
§1eli$Oetrid C-2. ThMueM.CWVWCW ..
(BX2) CadWaal Uses. Urn 40- Sldswa k Cafes
§1611.100.thu 66• Cntal Cmnerda -
(BX2) CandWOW Uses. Unit 40- Sklewelk Cafes
§161.20 Dowram Care
{BX2) Conditional Users. Um 40- Sidewalk Cafes
§161.21 Man Street Center
(BX2) Conditions Use. urn 40- SWeeak Cafes
§161.22 Dow town General
(BX2) Co dWanal Wee. Um 40- Sidewalk
EXHIBIT'S'
aspen 161: Zs*g Repsawie NW be nrrldad by hwr*I Use Urt 29: twice Fite as N'
Condeonal lit h it* Amkpwku Ztrcar _
§161.16 District C-2. Tneiaufw. Csphwa C&MAMW
(BX2) CndWorW lice. Um 29 - Dance Helot
!;161:10 Wei&' Uses.
Cnit29- u
(BX2)CmIll Una 29 -Dace Hails
EXHIBIT C'
Chpw 161: 2bn* Reglcosons fibs aMrded by suaa'g Use UM16: Go, relent
as a Pe Mated Lies In the beowrpZorw 0larCr:
§161.17 Dieelct 61, Neighborhood Cd1,MCW
(1.X1)Pweat.dUses. Lines -Government Facilties
§lel(tt.p.XX18 District C Z Thbaughbn Cartnercll
§1e13a)DYLk. I-i Navy Carawdal�YA Light Industrial
•1, (BXt) PenMwed Use.. Unit 5- Gmerment Facilities
§t61.25 District I-2, General Industrial
(BX7)Paea6edUsse. Une5-GowrtxrentFacilkiq
as a cones'.
gie1.03 Dia
WX2)Cc
§161.01
(BX2)Cc
§181.05 DM
(D) Cac
EXHIBIT -D'
1 RAguiabns shale be wended by inserting Ina Ufs6' dawimwdf
e rl de Mowi g Zoning Distract.
R -A, Residential Agricultural
f Uwe. Unit 5-Goverranent FacRBes.
RSF-.5, Residenial Singe Frr y -One HN UMt M Acre
wW Use. UhW5-Gmarment Facile
RBFF1, Residential Skgle Ffly - One Unit Per Acid
al Uses. Unit5 - Goverment Facilities
RSF-2, Residents Single Family -Two -kite Pr Acre
a llaes. Unit 5- Goverment Facilities
RSF-4, Residential Single Farley -Four tints Par Acre
wWUwt Units- Govenarent FacWWs
Par Acre
(8X2) Co dions! Uses. lhr 5- Governnent FeciWse
§181.10 District RT-12, Residential Two and Three Famly
(BX2)Condronel Lies. UrR5- pert FacBtlw
§161.11 District R *6. Residential MuW-Femdy -Six Units Par Acre
§1671.x2 District RtE-12 Residential Multi -Family y - Twelve Units Per Acre ? 1
(BX2) Conditional Use. Units- Qoverrsard Fact W
§161.13 District RMF-16 Residential MuNFFrriy- Eighteen Units Per Acre
(8X2) OtgxlWeea Use. Unit 5- GmemnmM Faditm
$161.14 Dehct RMF-24. Residental Mul6Famly -Twenty Foyd Units Per Acre
(BX2) COndbcnsf Uaws. Unit 6 - Gowrmw t Facill5e
$161.15 District RMF-40, Rea dattial Muafiunly - Fatty Units Per Acre
(BX2) Conditional Uses. Unit 5- Goverment Facilities
EXHIBIT OF.
Chapter 162 Use Units shalt be amended by removing Police Rdncdm and Are Robalo , Nan
IM Lit 3NltcpAYecn, and Ugly PooPubdi and replacing §f6201(CX*
$1620IEstabbisMrrent Listing
(C) Una 3. pubic protection and uelsy hacilbes.
(2)kCUda Use:
Fade bf Pubic 9aMce Crxporatbns: • Becht Ysguali g aowlon .
• Pmsnpe Control starwr
• 7narwsieaon saran bl __
telegraph. aapflwa• nle wee
pow aulaj''rh6 plonclNe fectlWe: • Akway beacon -
• Publc hakty Raton IXAlarg•
eh vmo a slorsns b baking.
.waepIOr
water tr.w�iwd pl w lee• rpis tooey
Railroad nphnol l&
Connancaaaa and utility tresnission line
EXHIBIT'$'
2W 11 6�1 Use Cord 75 " be amended by re-adprg$106 61Orce H
taft in Loe» Rids tan not Be allowed in any zoning disbar except C-2, CS, TbaaawnCor
K Cooler where 01W may be a owed as conditional uses Object to the wawkg a
Nmpbn.'Aanit sho
wing the property tines, atrucakes on me IxoPewy, *IW..s
pt —'4 t►.fibW with the Paining Dice m Mahest 16 dap baron to F'rmirg I
we Demit Is leaned w a
Pia Code ell to aeure that re significant safety hazats exist. No cadltenrde.... ■
Issued for a arcs hail facility a the building does not pass Inspection.
(CQ{M /N7• jhT0A96 Ord. No. 370a $1, 4-1984; Od. No. 410g P(EL A).6 -lea;
EXHIBIT Yi'
TMfaMrn oC-4 Is to be rarrWsed ban Cnpter'164 SuppYrrwhnry OW&Fbgrsa6rm
184.)7(8164-:_
ThpppwWwn Con, leer Sees and d Dambwn Grwai Zang eikr Nab be
&. 1.Dib
in 4iprr 1060wdapnerm
17(8) DC, MSC, DG
EXHIBIT -'H -
to C-4 is a to be renved from Chapter 166 oat lcpm lt:
Mein Street Center, ate Downtown Gerwat Zang Diwcb aid be l
'+sra
}
Wool dot8s6ons ra to be Neared in CMpw 181 Dray
a.(jpr g) A stluaoe or facility used for me purpose of b
sir Idler Mmh any twelve moth period. A fac&ty used for
REGECVED
JUL062001
CITY CF FAYETTEVILLE
CITY CLER CS GFjiCE