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Home My WebLink AboutOrdinance 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.