HomeMy WebLinkAboutOrdinance 5224 ORDINANCE NO, 5224
AN ORDINANCE AMENDING TITLE XV : UNIFIED
DEVELOPMENT CODE OF THE CODE OF
FAYETTEVILLE TO AMEND CHAPTER 161 : ZONING
DISTRICTS IN ORDER TO AMEND AND UNIFY
BUILDING SETBACK AND BUILDING HEIGHT
REGULATIONS IN RESIDENTIAL SINGLE-FAMILY,
MULTI-FAMILY AND RESIDENTIAL-OFFICE ZONING
DISTRICTS.
WHEREAS, the City of Fayetteville has adopted Urban Residential Design
Standards that requires buildings to front city streets and locate parking behind the structure;
and
WHEREAS, the Zoning Regulations in Chapter 161 dictate building placement and
structure heights; and
WHEREAS, the City of Fayetteville recognizes that the Zoning Regulations, Design
Guidelines and methods of measuring building placement and height should be consistent;
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 repealing and replacing
specific sections, a copy of which marked Exhibit "A" is attached hereto and made a part hereof.
PASSED and APPROVED this the 3`d day of March, 2009.
APPROVED: ATTEST:
By- y� By. ,�naurnrrrrrr
O ELD JO N, Mayor Sondra E. Smith, City Clerk/TreasAF, YN/T,Rpj l.,,�
� .•�\SY Oc•Gp
U ' "per
c 0FAYETTEVILLE 00
wwy9RkANSPOJ�``
;0
0�,NG 0 0 0 G`�`�
Exhibit "A"
Chapter 161 : Zoning Regulations is amended by removing and replacing the
following sections.
161 .04 District RSF-.5, Residential Height regulations. Structures in this District
Single-Family — One Half Unit Per are limited to a building height of 45 feet.
Acre Existing structures that exceed 45 feet in
height shall be grandfathered in, and not
(A) Purpose. A district having single-family considered nonconforming uses, (ord. #
detached residences on lots with a minimum 4858).
size of two acres and a maximum gross
density of approximately one-half unit per (G) Building area. None.
acre.
(Code 1991 , §160.043; Ord. No. 3792, §4, 5-17-94;
(B) Uses. Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-
31-99; Ord. 4858, 4-18-06; Ord. 5028, 6-19-07; Ord.
(1 ) Permitted uses.
5128, 4-15-08)
161 .05 District RSF-1 , Residential
Unit 1 City-wide uses b right
Unit 8 Single-family dwellings Single-Family — One Unit Per Acre
Unit 41 Accessory dwellings (A) Purpose. A district having single-family
(2) Conditional uses. detached residences on lots with a minimum
size of one unit per acre. The district is
designed to permit and encourage the
Unit 2 City-wide uses by conditional use development of very low density detached
permit dwellings in suitable environments, as well
Unit 3 Public protection and utility facilities as to protect existing development of these
Unit 4 Cultural and recreational facilities types.
Unit 5 Government facilities
Unit 24 Home occupations (B) Uses.
Unit 36 Wireless communications facilities
(C) Permitted uses.
(C) Density.
PER
Ci -wide uses b right
Units per acre One-half Unit 8 Single-familydwellings
(approximately) Unit 41 1 Accesso dwellin s
(D) Bulk and area regulations. (D) Conditional uses.
Lot width minimum 200 ft. Unit 2 City-wide uses by conditional use
Lot area minimum 71 ,438 Sq. permit
Ft. Unit 3 Public protection and utility facilities
Land area per dwelling unit 71 ,438 Sq. Unit 4 Cultural and recreational facilities
Ft. Unit 5 Government facilities
Unit 24 Home occupations
(E) Setback requirements. Unit 36 Wireless communications facilities
Front Side I Rear (E) Density.
35 ft. 1 20 ft. 1 35 ft.
Units er acre 1
(F) Building height regulations. (F) Bulk and area regulations.
Buildin Hei ht Maximum 45 Ft Lot width minimum 1150 ft.
Lot area minimum 1 35,720 Sq. Ft.
Land area per dwelling unit 1 35,720 Sq. Ft.
(G) Setback requirements. Lot width minimum 100 ft.
Lot area minimum 17,860 Sq. Ft.
Front Side Rear
35 ft. 20 ft. 35 ft. Land area per dwelling unit
17,860 Sq. Ft.
(H) Building height regulations.
(G) Setback requirements.
Building Height Maximum 45 Ft
Front Side Rear
Height regulations. Structures in this District 30 ft. 15 ft. 1 30 ft.
are limited to a building height of 45 feet.
Existing structures that exceed 45 feet in (H) Building height regulations.
height shall be grandfathered in, and not
considered nonconforming uses, (ord. # FFBuildingHeight Maximum 45 Ft
4858).
Height regulations. Structures in this District
(1) Buildingarea. None. are limited to a building height of 45 feet.
(Code 1965, §160.44; Ord. No. 3792, §4, 5.17-94; Ord. Existing structures that exceed 45 feet in
No. 4100, §2 (Ex. A), 6-16-98; Ord. 4858, 4-18-06; Ord. height shall be grandfathered in, and not
5028, 6.19-07; Ord. 5128, 4-15-08) considered nonconforming uses, (ord. #
4858).
161 .06 District RSF-2, Residential
Single-Family — Two Units Per Acre (I) Building area. None.
(Code 1991 , §160.045; Ord. No. 3792, §4, 5-17-94;
(A) Purpose. To provide a single-family dwelling Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-
transiti0n zone between single-family 31-99; Ord. 4858, 4-18-06; Ord. 5028, 6-19-07; Ord.
neighborhoods that have developed with 5128, 4-15-08)
larger lot sizes (one acre and over) and
areas that have developed with smaller lot 161 .07 District RSF-4, Residential
sizes (8,000 sq. ft.), and to permit and Single-Family — Four Units Per Acre
encourage the development of low density
detached dwellings in suitable environments, (A) Purpose. The RSF-4 Residential District is
as well as to protect existing development of designed to permit and encourage the
these types. development of low density detached
dwellings in suitable environments, as well
(B) Uses. as to protect existing development of these
(C) Permitted uses. types.
(B) Uses.
Unit 1 City-wide uses by right
Unit 8 Single-family dwellings (1 ) Permitted uses.
Unit 41 Accessory dwellin s
Unit 1 Ci -wide uses by right
(D) Conditional uses. Unit 8 1 Single-family dwellings
Unit 41 1 Accessoy dwellin s
Unit 2 City-wide uses by conditional use
permit (2) Conditional uses.
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities Unit 2 City-wide uses by conditional use
Unit Government facilities permit
Unit 24 Home occupations Unit 3 Public protection and utility facilities
Unit 36 Wireless communications facilities Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
(E) Density. Unit 9 Two-family dwellings
Unit 24 Home occupations
11 Units per acre 2 Unit 36 Wireless communications facilities
(F) Bulk and area regulations. (C) Density.
Single-family Two-family Unit 1 City-wide uses b right
dwellin s dwellin s Unit 8 Sin le-famil dwellings
Units er acre 4 or less 7 or less Unit 41 Accessory dwellings
(D) Bulk and area regulations. (2) Conditional uses.
Single-family Two-family Unit 2 City-wide uses by conditional use permit
dwellings dwellings Unit 3 Public protection and utility facilities
Lot minimum 70 ft. 80 ft. Unit 4 Cultural and recreational facilities
width Unit 5 Government facilities
Lot area 8,000 sq. ft. 12,000 sq.-ft. Unit 9 Two family dwellings
minimum Unit Home occupations
24
Land area per 8,000 sq. ft. 6,000 sq. ft. Unit Wireless communications facilities
dwellingunit U
Hillside Overlay 60 ft. 70 ft. 36
District Lot
minimum width (C) Density.
Hillside Overlay 8,000 sq. ft. 12,000 sq.-ft. Single-family
District Lot area
minimum dwelling units per 7 or less
Land area per 8,000 sq. ft. 6,000 sq. ft. acre
dwelling
wellin unit
(D) Bulk and area regulations.
(E) Setback requirements.
(E) Lot width minimum.
Front Side Rear Single-family 60 ft.
15 ft. 5 t. 15 ft. Two-famil 60 ft.
Townhouse, no more 30 ft.
(F) Building height regulations. than two attached
Building Height Maximum I45 Ft
(F) Lot area minimum.
Height regulations. Structures in this District
are limited to a building height of 45 feet. Single-family 6,000 sq. ft.
Existing structures that exceed 45 feet in Two-family 6,000 sq. ft.
height shall be grandfathered in, and not Townhouse, no more 31000 sq. ft.
considered nonconforming uses, (ord. # than two attached
4858).
(G) Building area. On any lot the area occupied (G) Land area per dwelling unit.
by all buildings shall not exceed 40% of the
total area of such lot.
nthan
amil 6,000 sq. ft.
(Code 1991 , §160.031 ; Ord. No. 4100, §2 (Ex. A), 6-16- mil 3,000 sq. ft.
98: Ord. No. 4178, 8-31-99; Ord. 4858, 4-18-06; Ord. use, no more 3,000 sq. ft.
5028, 6-19-07; Ord. 5128, 4-15-08) o attached
161 .08 District RSF-7, Residential (H) Setback requirements.
Single-Family — Seven Units Per Acre
Front Side Rear
(A) Purpose. The RSF-7 Residential District is 15 ft. 5 ft. 15 ft.
designed to permit and encourage the
development of detached dwellings in
suitable environments. (1) Building height regulations.
(B) Uses. 11 Building Height Maximum 45 Ft
(1) Permitted uses.
I .
Height regulations. Structures in this District Townhouse, no more 25 ft.
are limited to a building height of 45 feet- than two attached
Existing structures that exceed 45 feet in
height shall be grandfathered in, and not
considered nonconforming uses, (ord. # (2) Lot area minimum.
4858).
Sin le-famil 5,000 sq. ft.
(J) Building area. The area occupied by all Two-famil 5,000 sq. ft.
buildings shall not exceed 50% of the total
lot area. (3) Land area per dwelling unit.
(Code 1991 , §160.046; Ord. No. 3792, §4, 5-17-94;
Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4176, - Single-family 5,000 sq. ft.
31 -99; Ord. 4858, 4-18-06; Ord. 5028, 6-19-07; Ord8. Two-family 5,000 sq. ft.
5128, 4-15-08) Townhouse, no more 2,500 sq. ft.
than two attached
161 .09 District RSF-8, Residential
Singie-Family — 8 Units Per Acre (E) Setback requirements.
(A) Purpose. The RSF-8 Residential District isFront Side Rear
designed to bring historic platted 15 ft. 5 ft. 5 ft.
development into conformity and to allow for
the development of new single family
residential areas with similar lot size, density, (F) Height regulations.
and land use as the historical neighborhoods
in the downtown area. Building Height Maximum 45 ft.
(B) Uses. (G) Building area. The area occupied by all
buildings shall not exceed 50% of the total
(1) Permitted uses. lot area, except when a detached garage
exists or is proposed; then the area occupied
Unit 1 City-wide uses by right by all buildings shall not exceed 60% of the
Unit 8 Sin le-famil dwellin s total lot area.
Unil41 Accesso dwellin s
(Ord. 4783, 10-18-05; Ord. 5028, 6-19-07; Ord. 5128,
(2) Conditional uses. 4-15-08)
Cross reference(s)—Variance, Ch. 156.
Unit City-wide uses by conditional use
permit 161 .10 District RT-12, Residential
Unit 3 Public protection and utility facilities Two And Three Family
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities (A) Purpose. The RT-12 Residential District is
Unit 9 Two-family dwellings designed to permit and encourage the
Unit 24 Home occupations development of detached and attached
Unit 36 Wireless communications facilities dwellings in suitable environments, to
provide a development potential between
(C) Density. low density and medium density with less
impact than medium density development, to
By Ri ht encourage the development of areas with
Single-family existing public facilities and to encourage the
dwelling units per 8 or less development of a greater variety of housing
acre values.
(D) Bulk and area regulations. (B) Uses.
(1) Lot width minimum. (1 ) Permitted uses.
Sin le-famil 50 ft. Unit 1 Ci -wide uses b ri ht
Two-famil 50 ft. Unit 8 Sin le-famil dwellin s
Unit 9 Two-famil dwellings transition between higher densities and
Unit 10 1 Three-family dwellings single-family residential areas.
(2) Conditional uses. (B) Uses.
Unit 2 City-wide uses by conditional use (1) Permitted uses.
permit Unit 1 City-wide uses by right
Unit 3 Public protection and utility facilities Unit 8 Single-family dwellings
Unit 4 Cultural and recreational facilities Unit 9 Two-family dwellings
Unit 5 Government facilities
Unit 24 Home occupations Unit 10 Three-familymildwellings
dwellings
Unit 26 Multi-family
Unit 36 Wireless communications facilities
(C) Density. (2) Conditional uses.
Unit 2 City-wide uses by conditional use
Units per acre 12 or less permit
Unit 3 Public protection and utility facilities
(D) Bulk and area regulations. Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Single- Two- Three- Unit 11 Manufactured home park
family family family Unit 24 Home occupations
Lot width 60 ft. 70 ft. 90 ft. Un25 it Professional offices
minimum Unit 36 Wireless communications facilities
Lot area 6,000 sq. 7,260 sq. 10,890 sq.
minimum ft. ft. ft. (C) Density.
Land area 6,000 sq. 3,630 sq. 3,630 sq.
per ft. ft. ft. Units er acre 6 or less
dwelling
unit
(D) Bulk and area regulations.
(E) Setback requirements.
(1 ) Lot width minimum.
Front Side Rear
10 ft. 8 R. 20 ft. Manufactured home park 100 ft.
Lot within a manufactured 50 ft.
(F) Height regulations. home park
Single-family 60 ft.
Building height 45 ft. Two-famil 60 ft.
Three and more 90 ft.
maxii I Professional offices 100 ft.
(G) Building area. The area occupied by all (2) Lot area minimum.
buildings shall not exceed 50% of the total
lot area.
Manufactured home park 3 acres
(Code 1965, App. A., Art. 5(IIA); Ord. No. 3128, 10-1- Lot within a Manufactured 4,200 sq. ft.
85; Code 1991 , §160.032; Ord. No. 4100, §2 (Ex. A), 6- home park
16-98; Ord. No. 4178, 8-31 -99; Ord. 5028, 6-19-07) Townhouse:
Cross reference(s)—Variance, Ch. 156. *Development 10,000 sq. ft.
•Individual lot 2,500 sq. ft.
Single-family 6,000 sq. ft.
161 .11 District RMF-6, Residential Two-family 7,000 sq. ft.
Multi-Family — Six Units Per AcreThree or more s,000 2q. R.
Fraternit or Sorori2 acres
(A) Purpose. The RMF-6 Multi-family Professional offices 1 acre
Residential District is designed to permit and
encourage the development of multi-family (3) Land area per dwelling unit.
residences at a low density that is
appropriate to the area and can serve as a Manufactured home 3,000 sq. ft.
Apartments: Unit 36 VJrelass communications
No bedrooms 1 ,700 sq. ft. facilities
One bedroom 1 ,700 sq. ft.
Two or more bedrooms 2,000 sq. ft. (C) Density.
Fraternity or Sorority 1 ,000 sq. ft. per
residentUnits er acre 12 or less
(E) Setback requirements. (D) Bulk and area regulations.
Front Side Rear (1 ) Lot width minimum.
loft. 8 ft. 25 ft.
Manufactured home park 100 ft.
Cross reference(s)--Variances, Ch. 156. Lot within a manufactured home 50 ft.
ark
(F) Building height regulations. Single family 60 ft.
Two-family 60 ft.
Building Height Maximum 60Ft Three and more 90 ft.
Professional offices 100 ft.
Height regulations. Any building which
exceeds the height of 20 feet shall be set (2) Lot area minimum.
back from any side boundary line of an
adjacent single family district, an additional Manufactured home 3 acres
distance of one foot for each foot of height in ark
excess of 20 feet. Lot within a 4,200 sq. ft.
(G) Building area. None. manufactured home
ark
(Ord. No. 4325, 7-3-01 ; Ord. 5028, 6-19-07) Townhouse:
Development 10,000 sq. ft.
161 .12 District RMF-12, Residential Individual lot 2,500 sq. ft.
Multi•Family — Twelve Units Per Acre Sin le-famil 6,000 s . ft.
Two-family 7,000 sq. ft.
(A) Purpose. The RMF-12 Multi-family Three or more 9,000 sq. ft.
Residential District is designed to permit and Fraterni or Sororit 2 acres
encourage the development of multi-family Professional offices 1 acre
residences at a moderate density that is
appropriate to the area. (3) Land area per dwelling unit.
(B) Uses. Manufactured home 3,000 sq. ft.
Apartments:
(1 ) Permitted uses. No bedrooms 1 ,700 sq. ft.
One bedroom 1 ,700 sq. ft.
Unit 1 City-wide uses by right Two or more bedrooms 2,000 sq. ft.
Unit 8 Single-family dwellings Fraternity or Sorority 11000 sq. ft. per
Unit 9 Two-family dwellings resident
Unit 10 Three-family dwellings
Unit 26 Multi-family dwellings (E) Setback requirements.
(2) Conditional uses. Front Side Rear
10 ft. 8 ft. 25 ft.
Unit 2 City-wide uses by conditional use
permit Cross reference(s)—Variances, Ch. 156
Unit 3 Public protection and utility
facilities (F) Building height regulations.
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities Building Height Maximum 60 Ft.
Unit 11 Manufactured home park
Unit 24 Home occupations Height regulations. Any building which
Unit 25 Professional offices exceeds the height of 20 feet shall be set
back from any side boundary line of an Manufactured home park 3 acres
adjacent single family district, an additional Lot within a manufactured 4,200 sq. ft.
distance of one foot for each foot of height in home park
excess of 20 feet. Townhouse:
Development 10,000 sq. ft.
(G) Building area. None. Individual lot 2,500 sq. ft.
(Ord. No. 4325, 7-3-01 ; Ord. 5028, 6-19-07) Single-family 6,000 sq. ft.
Two-family 7,000 s . ft.
161 .13 District RMF-18, Residential Three or more 9,000 s . ft.
Multi-Family — Eighteen Units Per Fraterni or Sororit 2 acres
Acre Professional offices 1 acre
(A) Purpose. The RMF-18 Multi-family (3) Land area per dwelling unit.
Residential District is designed to permit and
encourage the development of multi-family Manufactured Home 3,000 sq. ft,
residences at a medium density that is Apartments:
appropriate to the area. No bedrooms 1 ,700 sq. ft.
One bedroom 1 ,700 sq. ft.
(B) Uses. Two or more bedrooms 2,000 sq. ft.
(1) Permitted uses. Fraternity or Sorority 1 ,000 sq. ft. per
resident
Unit 1 City-wide uses by right
Unit 8 Single-family dwellin s (E) Setback requirements.
Unit 9 Two-family dwellings
Unit 10 Three-family dwellings Front Side Rear
Unit 26 Multi-family dwellings 10 ft. 8 ft. 25 ft.
(2) Conditional uses. Cross reference(s) —Variances, Ch. 156.
Unit 2 City-wide uses by conditional use
(F) Building height regulations.
permit Buildin Hei ht Maximum 60 ft.
Unit 3 Public protection and utility
facilities
Unit 4 Cultural and recreational facilities Height regulations. Any building which
Unit 5 Government facilities exceeds the height of 20 feet shall be set
Unit 11 Manufactured home park back from any side boundary line of an
Unit 24 Home occupations adjacent single family district, an additional
distance of one foot for each foot of height in
Unit 25 Professionaltionoffices
excess of 20 feet.
Unit 36 Wireless communications facilities
(C) Density. (G) Building area. None.
(Ord. No. 4325, 7-3-01 ; Ord. 5028, 6-19-07)
Units per acre 18 or less
161 .14 District RMF-24, Residential
(D) Bulk and area regulations. Multi-Family — Twenty-Four Units Per
Acre
(1 ) Lot width minimum.
(A) Purpose. The RMF-24 Multi-family
Fme
ured home ark 100 ft. Residential District is designed to permit and
in a manufactured 50 ft. encourage the developing of a variety of
k dwelling types in suitable environments in a
mil 60 ft. variety of densities.
Two-family 60 ft.
Three and more 90 ft. (B) Uses.
Professional offices 100 ft.
(1) Permitted uses.
(2) Lot area minimum.
Unit 1 I City-wide uses by right
Unit 8 Me-family dwellings Fraternity or Sorority 1 ,000 sq. ft. per
Unil9 Two-famil dwellings resident
Unit 10 Three-family dwellings
Unit 26 Multi-family dwellings (E) Setback requirements.
(2) Conditional uses.
Front Side Rear
Unit 2 City-wide uses by conditional use 10 ft. 8 ft. 25 ft.
permit HHOD Front HHOD Side HHOD Rear
Unit 3 Public protection and utility 15 ft. 8 ft. 15 ft.
facilities
Unit 4 Cultural and recreational facilities Cross reference(s)—Variance, Ch. 156,
Unit Government facilities
Unit 11 Manufactured home park (F) Building height regulations.
Unit 25 Professional offices
Unit 24 Home occupations IFB—uiiding Height Maximum 60Ft
11 Unit 36 1 Wireless communications facilities
Height regulations. Any building which
(C) Density. exceeds the height of 20 feet shall be set
back from any side boundary line of an
Units per acre 24 or less adjacent single family district, an additional
distance of one foot for each foot of height in
(D) Bulk and area regulations. excess of 20 feet.
(1 ) Lot width minimum. (G) Building area. None.
Manufactured home 100 ft. (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.
ark 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord.
Lot within a 50 ft. 5028, 6-19-07; Ord. 5079, 11-20-07)
Manufactured home
ark 161 .15 District RMF-40, Residential
Single-family 60 ft. Multi-Family — Forty Units Per Acre
Two-family 60 ft.
Three or more 90 ft. (A) Purpose. The RMF-40 Multi-family
Professional offices 100 ft. Residential District is designated to protect
existing high density multi-family
(2) Lot area minimum. development and to encourage additional
development of this type where it is
Manufactured home 3 acres desirable.
ark (8) Uses.
Lot within a mobile 4,200 sq. ft.
home park (1 ) Permitted uses.
Townhouses:
Development 10,000 sq. ft.
Individual lot 2,500 sq. ft. Unit 1 Cit -wide uses bv ri ht
Single-family 6,000 sq. ft. Unit 8 Single-family dwellings
Two-family7,000 s . ft. Unit 9 Two-family dwellings
Three or more 9,000 s . ft. Unit 10 Three-famil dwellings
Fraterni or Sorority2 acres Unit 26 Multi-famil dwellin s
Professional offices 1 1 acres
(3) Land area per dwelling unit. (2) Conditional uses.
Manufactured home 3,000 sq. ft. EUnit Ci -wide uses b CUP
Apartments: Public rotection and utilit facilities
No bedroom 1 ,700 sq. ft. Cultural and recreational facilities
One bedroom 1 ,700 sq. ft.Two bedroom 2,000 s . ft. Government facilities
.< . it - .
I
Unit 11 Manufactured home park back from any side boundary line of an
Unit 24 Home occupation adjacent single family district, an additional
Unit 25 Professional offices distance of one foot for each foot of height in
Unit 36 Wireless communications facilities excess of 20 feet.
(C) Density. (G) Building area. None.
(Code 1965, App. A., Art. 5(IV); Ord. No. 2320, 4-5-77;
Units per acre 40 Or less 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;
(D) Bulk and area regulations. Ord. No. 4178, 8-31 -99; Ord. 5026, 6-19-07)
(1) Lot width minimum. 161 .16 District R-O, Residential Office
Manufactured home park 100 ft. (A) Purpose. The Residential-Office District is
Lot within a manufactured home 50 ft. designed primarily to provide area for offices
ark without limitation to the nature or size of the
. Single-family60 ft. office, together with community facilities,
-Two-family 60 ft. restaurants and compatible residential uses.
Three or more 90 ft.
Professional offices 100 ft. (B) Uses.
(2) Lot area minimum. (1 ) Permitted uses.
Manufactured home 3 acres Unit 1 City-wide uses by right
ark Unit 5 Government facilities
Lot within a 4,200 sq. ft. Unit 8 Single-family dwellings
manufactured home Unit 9 Two-family dwellings
ark Unit 12 Offices, studios and related
Townhouses: services
Development 10,000 sq. ft. Unit 25 Professional offices
Individual lot 2,500 sq. ft.
Single-family (2) Conditional uses.
Two-family6,500 s . ft
Three or more 8,000 sq. ft. Unit 2 City-wide uses by conditional use
Fraternityor Sorority1 acre permit
Unit 3 Public protection and utility
(3) Land area per dwelling unit. facilities
Unit 4 Cultural and recreational facilities
Manufactured home 3,000 sq. ft. Unit 11 Manufactured home ark
Townhouses & Apartments Unit 13 Eatinglaces
No bedroom 1 ,000 sq. ft Unit 15 Neighborhood shopping oods
One bedroom 1 ,000 sq. ft. Unit 24 Home occu ntions
Two or more bedrooms 1 ,200 sq. ft. Unit 26 Multi-famil dwellin s
Fraternity or Sorority 500 sq. ft. per Unit 36 Wireless communications
resident facilities
Unit 42 Clean technolo ies
(E) Setback requirements.
(C) Bulk and area regulations.
FF—FrontSide Rear (Per dwelling unit for residential structures)
loft. 8 ft. 20 ft.
(1 ) Lot width minimum.
Cross reference(s)—Variance, Ch. 156.
Manufactured home park 100 ft.
(F) Building height regulations.
Lot within a manufactured 50 ft.
home park
Building Height Maximum 60Ft Single-family 60 ft.
Two-family 60 ft.
Height regulations. Any building which Three or more 90 ft.
exceeds the height of 20 feet shall be set
No. 1747, 6-29-70; Code 1991 , §160.041 ; Ord. No.
(2) Lot area minimum. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31 -99; Ord.
4726, 7-19-05; Ord. 4943, 11 -07-06; Ord. 5079, 11 -20-
Manufactured home park 3 acres
07; Ord. 5195, 11-6-08)
Lot within a manufactured 4,200 sq. ft.
home park
Townhouses:
Development 10,000 sq. ft.
Individual lot 2,500 sq. ft.
Single-family 6,000 sq. ft.
Two-famil 6,500 s . ft.
Three or more 8,000 s . ft.
Fraternity or Sorority 1 acre
(3) Land area per dwelling unit.
Manufactured home 3,000 sq. ft.
Townhouses &
apartments: 1 ,000 sq. ft.
No bedroom 1 ,000 sq. ft.
One bedroom 1 ,200 sq. ft.
Two or more bedrooms
Fraternity or Sorority 500 sq. ft. per
resident
(D) Density.
units per acre 24 or less
(E) Setback regulations.
Front 15 ft.
Front, if parking is allowed between 50 ft.
the right-of-way and the building
Front, in the Hillside Overlay District 15 ft.
Side 10 ft.
Side, when contiguous to a 15 ft.
residential district
Side, in the Hillside Overlay District 8 ft
Rear, without easement or aIle 25 ft.
Rear, from center line of public alley 10 ft.
Rear, in the Hillside Overlay District 15 ft.
(F) Building height regulations.
Building Height Maximum 160 ft.
Height regulations. Any building which
exceeds the height of 20 feet shall be set
back from any side boundary line of an
adjacent single family 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.
RECEIVED
�',� „ ..nr {} MAR 11 2009
Arkansas Democrat ($axc LG• CITY OF FAYEWr MLLE
__- WAT- -- - - , . Gi� YOLERK'SOFFICE
Northwest Arkansas Times
Benton County Daily Record
P. O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE: 479-571 -6421
AFFIDAVIT OF PUBLICATION
I , Cathy Wiles, 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: City of
Fayetteville Ordinance 5224
March 9, 2009
Publication Charge : $�10Y81n.38
Signed: ---oak'w - -------
Subscribed and sworn to before me
This /Q day of 'Mmol. 2009 .
Notary Public
My Commission Expires : jna� G, 020 /�t
Do not pay from Affidavit, an invoice will be senteGOMM. zo �
OTARy. '.t
`Zl o► * do
lONCO••
• VnYtnww4a wV. oce
AN ORDINANCE ANTE OFSayel"ING TITLEKV'. UNIFIEDTHEELOPDENT F FA OFTHE CODE Of NIFIEDYET-
TEVILLE TO AMEND CHAP -S
TER 161: ZONING DIS-
TRICTS IN ORDER TO
AMEND AND UNIFY BUILDING SETBACK AND BUILDING HEIGHT REGU-
LATIONS IN RESIDENTIAL SINGLE-FAMILY. MULTI -FAMILY AND RESIDEN-
TIAL.OFFICE ZONING DISTRICTS.
WHEREAS, the City of Fayetteville has adopted Urban Residential Design
Standards that requires buildings to front city streets end locate parking
J behind the structure; and
WHEREAS, the Zoning Regulations in Chapter 161 dictate building place -
merit and structure heights; and
WHEREAS, the City of Fayetteville recognizes that the Zoning
Regulations, Design Guidelines and methods of measuring building place -
.1, ment and height should be consistent
03 NOW, THEREFORE, BE R ORDAINED BY THE CRY COUNCIL
OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That Chapter 161: Zoning Regulations Is amended by repealing
IL and replacing specific sections, a copy 01 which marked Exhibit 'Ais
•1 attached hereto and made a pan hereof.
Lp PASSED and APPROVED this the 3rd day of March, 2009.
jr'
-n
Exhibit 'A'
Chapter 161: Zoning Regulations is amended by removing and replacing
the following sections.
-; 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 approx-
imately one-half unit per acre.
(1) Peat tied uses.
- 1.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 41
Accessory dwellings
(2)
Conditional uses.
r
Unit 2
City-wide uses by conditional use permit
1 Tr::
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
l
Unit 5
Government facilities
Unit 24
Home occupations
Unit 36
Wireless communications facilities
is per acre One-half (approximately)
Bulk and area regulations.
width minimum 200 ft.
area minimum 71,438 Sq. Ft.
rid area per dwelling unit 71,438 Sq. Ft.
Setback requirements.
nt Side Rear
ft. 20 ft. 35 ft.
right Maxlmun 45 Ft
'latlons. Structures in this District are limited to a building height
Existing structures that exceed 45 feel in height shall be grand -
and not considered nonconforming uses. (ord. 0 4858).
J area. None.
I, §160.043: Ord. No. 3792. §4, 5.17-94; Ord, No. 4100, §2 (Ex.
Ord. No. 4178. 8-31-99; Ord. 4858, 4-18-06: Ord. 5026, 6-19-
)5 District RSF1, Residential Single -Family - One Unit Per Acre
'urpose. A district having single-family detached residences on lots
a minimum size of one unit per acre. The district Is designed to permit
encourage the development of very low density detached dwellings in
ble environments, as well as to protect existing development of these
uses.
City-wide uses by right
Single-family dwellings
Accessory dwellings
Conditional uses.
City -wipe uses by coed
60 ft. 70 ft.
Lo ere a mjnlmurn - B. 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
15ft. Sit. 151t.
(F) Building height regulations.
Building Height Maximum 45 Ft
Height regulations. Structures in this District are limited to a building height
of 45 feet. Existing structures that exceed 45 feet in height shalt be grand -
fathered in, and not considered nonconforming uses, (ord. # 4858).
(G) Building area. On any lot the area occupied by all buildings shag 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; Ord. 5028, &19-07; Ord. 5128, 4-15-08)
161.08 District RSF-7, Residential Single -Family - Seven Units Pet Acre
(A) Purpose. The RSF-7 Residential Distinct is designed to permit and
encourage the development of detached dwellings In suitable environ-
ments.
(B) Uses.
(1) Permitted uses.
Unit 1 City-wide uses by right
Unit 8 Single-family dwellings
Unit 41 Accessory 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 5 Government facilities
Unit 9 Two family dwellings
Unit 24 Hone occupations
Unit 36 Wireless conenunications facilities
(C) Density.
Single-family dwelling units per acre 7 or less
(D) Bulk and area regulations.
(E) Lot width minimum.
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. R.
(H) Setback requirements.
Front Side Rear
15 ft. 5ft. 15 ft.
(I) Building height regulations.
Building Height Maximum 45 R
Height regulations. Structures in this District are limited to a building height
of 45 lest. Existing structures that exceed 45 feet in height shall be grand.
fathered in, end not considered nonconforming uses, (ord. 0 4858).
(J) Building area. The area occupied by all buildings shall not exceed 50%
of the total let area.
(Code 1991, §160.046; Ord. No. 3792, §4, 5-17.94; Ord. No. 4100, §2 (Ex.
A). 6-16-98; Ord. No, 4178. BJ1-99; Ord, 4858. 4.18-08; Ord. 5028. &19-
07; Ord. 5128. 4.15-08)
161.09 District RSF-8, Residential Single -Family- B Units Per Acre
(A) Purpose. The RSF-8 Residential District is designel to bring historic
platted development into conformity and to allow for the development of
new single family residential areas with similar lot size, density, end land use N
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
Unit 41 Accessory 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 5 Government facilities
Unit 9 Iwo -family dwellings
Unit 24 Home occupations
Unit 36 Wireless communications facilities
(C) Density.
By Right
Single-family dwelling units per acre
8 or less
(D) Bulk and area regulations.
ermit (1) Lot width minimum.
Single-family
50 ft.
Two-temily
.50.it._..� I —
I•"
Unit 5 Government facilities
Townhouse, no more than two attached 25 ft.
Unit 24 Home occupations
(2) Lot area minimum.
Unit 36 Wireless corrinunicalons facilities
Single-family 5,000 sq. It.
(E) Density
Two-family 5,000 sq, ft.
•
Units per acre 1
(3) Lgnd area per dwelling unit.
(F) Bulk and area regulations.
Single-fani y 5.000 al. ft.
•
Lot wldtn minimum 150 h.
Two-family 5,000 so. ft.
Lot area minims rn 35.720 Sq. Ft.
Townhouse, no more than two attached 2.500 sq. ft.
Land area per dwelling unit 35,720 Sq. Ft.
(E) Setback requirements.
(G) Setback requirements.
Front Side Rear
.
Front Side Rear
15 ft. 5ft. 5ft.
35 ft. 20 ft. 35 ft. .
(F) Height regulations.
t•
(H) Building height regulations.
Building Height Maximum 45 ft.
Building Height Maximum 45 Ft
(G) Building area. The area occupied by all buildings shall not exceed 50%
Height regulations. Structures in this District are limited to a building height
of the total lot area, except when a detached garage exists or is proposed; .
d 65 feet. Existing structures that exceed 45 feet in height shall be grand-
than the area occupied by all buildings shall not exceed 80%d the total lok
fathered in, and not considered nonconforming uses, (ord. 0 4858).
eras.
area. None.
(Ord. 4783, 10-18-05; Ord. 5028.6-19-07; Ott. 5128, 4-15-08)
_ .,D `F, §160.44; Ord. No. 3792, §4, 5-17-94; Ord. No. 4100, §2 (Ex
Cross references) -Variance, Ch. 156. _
-`*,Ord. 4858, 4-18-06; Ord. 5028, 6-19-07; Ord. 5128, 4-15-06)
--^ r`
--r--
161,06 District RSF-2, Residential Single -Family —Two Units Per Acre
(A) Purpose. To provide a single-family dwelling transition zone between
j single-family neighborhoods that have developed with larger lot Sizes (one
77 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
(C) Permitted uses.
Unit I City-wide uses by right
Unit 8 Single-family dwellings
Unit 41 Accessory dwellings
(0) Unit Conditional C Citys.
-wide
Unit 2 Public pr uses by conditionalusepermit
Unit 3 Cultc and
and utility facilities
es
Unit 4 Cultural vand recreational facilities
Unit2 Governmentfacilities
Unit 36 me occupations
(Mir 36 Wireless communications facilities
( Density.
! Units per acre 2
Bulk and area regulations.
Lot
width minimum 100 6.
Lot area minimum 17,960 Sq. Ft.
Land area pee qe unit 17,860 Sq. Ft.
Seibsrc requirements.
Fro • 3ron. Side Rear
t . 30 (1. 1511, 3011.
Building Height Maximum 45 Ft
! - Height regulations. Structures in this Distinct are lessened to a building height
of 45 feet. Existing structures that exceed 45 lest in height shall be grands
. fathered in, and not considered nerecolorming uses, (ord. # 4658).
Ord. Na. 3792. §4. 5117-94; Ord, No. 4100, §2 (Ex.
161.10 District RT--12, Residential Two And Three Family
(Al Purpose, The AT -12 Residential District is designed to permit and I
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) Pees.
) Permitted uses.
Un
it 1 Single-family
uses el right
Unit6 Twolfammid dwellings
Unit 9 Two-family dwellings
Unit 10on Thrsesfamily dwellings
(21 conditional uses. ! { t
Unit 2 Public pr uses by conditional utility
use permit
Unit 4 Cultuc l and and facilitiess
Unit 4 Govern) and litesrecreational facilities
Units Hovern occupations
ut pations
Unit 24 Home s communs 1 ,
(C)tDe Wireless communications facilities
Units
s per a. 1 .
Units Bulk and area regulations.
Singe -family Two-family Three-family t
Lot reah minimum
600 706 906.
Lan area y minimum i 6,000 sq. ft. 3,630 sq. ft. 10.290sq. 6.
(E) Land per dwelling unit 6,000 sq. ft. 3,630 sq. it. 3,630 sq. fl.
Setback requirements.
Front . sear
(0tt. aft. 201t.
(F)Bu Height i ht maxim 4 '
IG) Building height maximum 45 h.
01 t e tl lotarea.
re The area occupied by all buildings shall not exceed 50%
ofthetotal 15. Area,
60 1965, Ord, No. 1 , xOrd. -98; Or41 85; Code 1991,
§160.032; -07) No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 417& 8-3159; Ord.'
5028, 619-07)
A. &1696: Ord. No. 4176. &31-99; Ord. 4858, 4.18.06; Ord. 5028.619-
Cross reference(s)--Variance, Ch. 156.
37, Ord. 5128, 4-15-08)
F6. Residential Multi -Family -Six Units PerAcre
161.11 Disc.
161.07 District RSF-4, Residential Single -Family - Four Units Per Acre
she, ntial ct is designed to per -
(A) Purpose. The RMF-6 Multi -family Reside
(A) Purpose. The RSF-0'Residential District is designed to perm- and
and and encourage the development of mlti-faly residences at a low den-,
encourage the development of low density detached dwellings in suitable
sity that is sees t84O the area and can serve as a transition between
environments, as well as m protect existing development of these types.
higher densities and single-family residential areas.
(B) Uses.
(B) Uses.
(1) Petmined uses.
(1) Permitted uses.
Unit 1 City-wide uses by right
Unit 1 City -side uses by right
Unit 8 Single-family dwellings
Unit 8 Single-family dwellings
•
Unit 41 Accessory dwellings
Unit 9 Two-family dwellings
(2) tonal uses.
Unit 10 Threew
Unit 2 Clty-wide uses by conditional use permit
2 Cit
Unit 26 Multi -family dwellings
Unit 3 Public protection and utility facilities
(21 Conditional uses,
Unit 4 Cultural and recreational facilities
Unit 2 City-wide uses by conditional use permit
Government
Unit 5 Govefacilities
Unit 3 Public protection and utility facilities
t,
Unit 9 Two-family dwellings
Unit 4 Cultural and recreational facilities
F
Unit 24 Home occupations -
Unit 5 Government facilities
t
Untt 36 Wireless communications facilities
Unit 11 Manufactured home perk
(CI Densely.
Unit 24 Pomeoccupations
eamily dwellings Two-family
Unit 25 col
..
ardwellings
Units kr aere - 4less 7 a less
Aar
fireless manic
Unit 36 Wireless communications facilities)
(0) Bulk end area
a. -�
(C)Units
Single-family dwellings Two-family dwellings
in
per acre 6 or less
t
Lot minimum width 7(ooa 80 0.
Ij
)Bulk area regulations.
(D)
Lot area minimum B.OOU sq. It. 12,000 sq. ft.
width
nuff cture
Lot
Manufactured) homepeek 100 It
is
dwelling unit - 8,000 sq. It. 6,000 sq. I[
f.
Lot within a manufactured home park • 50 ft.
Y
I.
4
5�Ay
Two-family 6011.
Three and more 90 ft.
Professional offices 100 ft.
(2) Lot area mk,lmum.
Manufactured home perk 3 acres
Lot within a Manufactured home park 4,200 sq. It.
Townhouse:
Development 10.000 sq. ft.
Individual Iot 2.500 sq. ft.
Single-family 6.000 sq. ft.
Two-family 7,000 sq. 1t.
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. h.
One bedroom 1.700 sq. ft.
Two or more bedrooms 2,000 sq. ft.
Fraternity a Sorority 1.000 sq. ft. per resident
(E) Setback requirements.
Front Side Rear
10 ft. 8ft. 25 ft.
Cross reference(s)--Variances, Ch. 156.
(F) Building height regulations.
Building Height Maximum 60Ft
Height regulations. Any building which exceeds the height of 20 few shall
be set back from any side boundary line of an adjacent single family dis-
trict, an additional distance of one foot for each toot of height in excess of
20 loot.
(G) Building area. None.
(Ord. No. 4325, 7-3-01; Ord, 5028.6-19.07)
161.12 District RMF-12, Residential Multi-Famiy - Twelve Units Per Acre
(A) Purpose. The 9AAF-12 Multi -family Residential District is designed to
permit and encourage the development of multMandly residences at a mod-
erate 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
Una 10 Three-family dwellings
Unit 26 Mi4ti-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
Units Government facilities
Unit 11 Manufactured home park
Unit 24 Hone occupations
Unit 25 Professional offices
Unit 36 Wireless comm nicatons facilities
(C) Density.
Units per acre 12 or less
(D) Bulk and area regulations.
(1) Lot width mlrimum.
Manufactured home park 100 ft.
Lot within a manufactured home park 50 ft.
Single family 60 ft.
Two-family 60 ft.
Three and more 9011.
Profession offices 100 ft. ,
(2) Lot area minimum.
Manufactured home park 3 acres
Lot within a manufactured home park 4,200 sq. N.
Townhouse:
Development 10,000 sq. It.
Individual lot 2,500 sq. ft.
-Singleaamly 6.000 sq. ft.
two-fethily 7.000 sq. it
Three or more 9,000 sq. ft.
Fraternity or Sorority 2 acres
Professional offices I acre
(3) Lend area per dwelling unit.
Manufactured here 3,000 sq. it.
Apartments;
No bedrooms 1.700 sq. ft.
One bedroom 1,700 sq. ft.
Two or more bedrooms 2.000 sq. ft.
Fraternity or Sorority 1,000 sq. ft. per resident
(E) Setback requirements.
Front Side Rear
10 ft. Bit. 25 ft.
Cross relerence(s)—Variances, Ch. 156
(F) Building height regulations.
Building Height Maximum 60 Ft. Height regulations. Any building which exceeds the height of 20 feel shall
be set back from any side boundary line of an adjacent single family dis-
h irkt, an additional distance of one foot for each foot of height in excess of
Ord. 5028. 6-19-07)
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
(D) Bulk and arw regulations.
(1) Lot width mlnmnn.
Manufactured home park 100 ft
Lot within a Manufactured hone park 50 ft.
Single-family
60 It.
Two-family
60 ft.
Three or more
90 It.
Professional offices
100 ft.
(2) Lot area minimum.
Manufactured hems park
3 acres
Los within a mobile home park
4.200 sq. ft.
Townhouses:
Development
1,700 sq. ft.
Individual lot
2,500 sq, ft.
Single-family
6.000 sq. It.
Two-famity
7,000 sq. h.
Threeor more
9.000 sq. ft.
Fraternity or Sorority
2 octet
Professional offices
1 acres
(3) Land area per dwelling unit.
Manufactured home
3,000 sq. It.
Apartments:
No bedroom
1.700 sq. ft.
One bedroom
1,700 sq. ft.
Two bedroom
2,000 sq. 1t.
Fraternity or Sorority
1,000 sq. It. per resident
(E) Setback requirements.
From Side
Rear
10 4. Bit.
251t.
HHOD Front HHOD Side
HHOD Rear
15 ft. eft.
15 ft.
Cress reference(s)—Variance, Ch.
156.
(F) Building height regulations.
Building Height Maximum
60Ft
Height regulations. Any building
which exceeds the height of 20 few slit
be sat back from any side boundary line of an adjacent single family dl
trict. an additional distance of one foot for each foot of height In excess
20 feet.
(G) Building area. None.
(Code 1965, App. A., Art. 5(111); Ord. No. 2320, 4-6.77; Ord, No. 2700. 2-:
81; Code 1991. §160.033; Ord.
No. 4100. §2 (Ex. A), 6-16-98; Ord. N
4178, 8-31-99; Ord. 5028,6-19-07; Ord. 5079, 11-20-07)
161.15 District RMF.40. Residential Multi-Farory - Forty Units Per Acre
(A) Purpose. The RMF-40 Mufti -family
Residential District a designated
protect existing high density multi -family development and to encouraU
additional development of this type where it Is desirable.
(B) Uses.
(1) Permitted uses.
Unit 1 City-wide ages by right
Unit 8 Single-family dwellings
Unit 9 Two-family dwellings
Unit 10 Three-lamly dwellings
Unit 26 Multi -family dwellings
(2) Conditional uses.
Unit 2 City-wide uses by CUP
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 11 Manufactured home park
Unit 24 Home occupation
Unit 25 Professional offices
Unit 36 Wireless communications
facilities
(C) Density.
Units per acre
40 or less
(D) Bud and area regulations.
(1) Lot width minimum,
Manufactured hone park
100 ft.
Lot within a manulactured home park
50 fl.
Single-famiy
60 ft.
Two-famly ._
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
10.000 sq. ft.
Individual la
2.500 sq. It.
Single-femlly
6.000 sq. ft.
Two-family
6,500 sq. ft.
Three or more
8,000 sq. It.
Fraternity a Sorority
I 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 bedrooms
1.200 sq. ft.
Fraternity or Sorority
500 sq. ft. per resident
Cross reference(s)--Variance, Ch. 156.
(F) Building height regulations.
Building Height Maximum 60Ft
Height regulations. Any building which exceeds the height of 20 feet st
be set back from any side boundary line of an adjacent single family c
irict. an additional distance of one fool for each foot of height in excess
20 feet..
(G) Building area. None,
(Code 1965. App. A., AN. 5(IV); Ord. No. 2320, 4-5-77; Ord, No, 2700, 2
81; Ord. No. 1747, 6.29-70; Code 1991, §160.034; Ord. No. 4100. §2 (1
A). 6-16-98: Ord. No. 4178, 8.31-99; Ord, 5028. 6-19-07) _
Ct.i '-. Manufactured hone park
Unit 24 Home occupations
Unit 25 Professional offices
Unit 38 Wireless co mlunicatlons
I (C) Density.
Units per acre 18 otless'
(D) Bulk and area regufations.
(1) Lot width minimun.
Manufactured home park
Lot within a manufactured home park
Single-family .Zn
Twofamity Three and more
Professional offices •°
(2) Lot area minimum.
Manufactured home perk
Lol within a manufactured name park
Townhouse:
R$-
3 acres
4,200sq,ll. F
.7
10,000 sq. ft.
ft .N
Purpose. The Pesidentlal-Office
I for offices wihoul limitation to
Permitted uses }'
n
t 1 City-wide uses ti
15:: Government faalitis
18 Single-family dwellim
t 9 _ Twolamily dwelling
1 12 ' offices. studios anc
125 Professional offices
uses',
t2 _.A City -will
13 ,pfy Public p r x
„
or
e
s
gv�C
related semi:`
ter"L
r .e
V_
{ %
y i
• N VxP
„un,wc. ,
Singledamly
2,500 sq. .
6,000 sq, ft.
. •9
; ! >r
''Manufactured hone I•
Two-famiy, -
7,0W sq. It
4N .:
Lot within a manulact •
i Three or more
9,000 sq. ft.
Single-family
60 P.
Fraternity or Sorority
2 acres
Two-family
60 ft.
Professional offices
1 acre
Three or more
90 ft.
(3) Land area per dwelling unit.
-
(2) La area Mnlwm.
Manufactured Home
3,000 sq. ft.
Manufactured hone park
3 acres
Apartments:
Lot within a manufactured hone park
4,200 sq, ft.
No bedrooms
1.700 sq. ft.
Townhouses:
One
Obedroom
1700 700 sq. ft.
Development
10 ,060 sq. ft
I Two or more bedrooms
2.000 sq. ft.
Individual lot
2.500 sq. ft.
Fraternity or Saodty
1,000 sq. ft.
per resident -
Single-family
6,000 sq. ft.
(E) Setback requirements.
Two-family
6,500 sq. ft.
Fro Side Rear
Three or more
8,000 sq. ft.
+ 10(1. 8 ft. 25 ft.
..Fraternity orSorority
1 acre
Cross reference(s) -Variances. Cm.
156.
(3) Land area per dwelling unit.
i (F) Building height regulations.
$ Manuh
factured one
30OO ,sq. ft.
Buliding Height Maximum bun. . .Townhouses & apartments:
Height regulations. Any building which exceeds the height of 20 feet shall
No bedroom ,. 1,000 sq,
ft.
be set back from any side boundary line of an adjacent single family dis-
One bedroom c 1,000 sq.
ft.
trlcl, an additional distance of one loot for each fool of height in excess of y.
4Two or more bedrooms 1,200 sq.
It,
20 feet:
Fraterniy'or Sorority 500 sq. ft.
per resident
r (G) Building area, None, ..
(D) Density,
(Ord. No. 4325, 7-3-01; Ord. 5028, 6-19-07)
Untie per acre 24 or less
(E) Setback regulations.
161.14 District RMF-24, Residential Multi-Famly - Twenty -Four Units Per
Front - � ,-,k
15 h.
Acre
From, if parking albwed between
( (A) Purpose. The RMF-24 Muff -family Residential District Is designed to per-
ilia right-of-way and the building
Soft.
mit and encourage the developing of a valley of dwelling types in suitable
Front. In the Hillside Overlay District
15 ft.
environments in a variety of densities.
Side$ ,
10 ft.
(e) Uses. p • !
Side,, when contiguous to a residential district
15 ft.
(1) remitted uses. - - - -
Side, in the Hillside Overlay District
8 ft
Unit I City-wide uses by right
Rear, without easement or alley
. 25 ft,
Unit 8 Single-fefy dwellings -
Rear, iron center Nne of public alley
10 ft.
Unit 9 'two-familydwellings
Rear, In the Hillside Overlay District
15 ft.
Unit 10 Three -fanny dwellings -,
(F) Building height regulations,
'rs,
Unit 26 MuW-family dwellings
Building Height Maximum„ 60 ft. -
(2) Conditional uses. .. ...
Height regulations., Any buildidgwtiich exceeds the height 0120
Unit 2 City-wide uses by conditional use permit
be act back from any side boundary line of an adjacent single tam
Unit 3 Public protection and utility facilities
an additional distance of one foot for each foot of height in excess i
Unit 4 Cultural and recreational facilllles (G) Building area. On any lot, the area occupied by all buildings shall
Unit 5 Government facilities exceed 60% of the total area of such lot. ...
Unit 11 Manufactured home park (Code No. 1965, App. A., Art. 5(x); Ord. No. 2414, 2-7-78; Ord. No. 2(
Unit 25 Professional offices 2-19-80; Ord. No. 2621, 4.1-60; Ord, No. 1747, 6-29-70; Code if
Unit 24 Home occupations §160.041; Ord. No. 4100, §2 (Ex. A). 6-16-98; Ord. No, 4178. 8-31-99;
Unit 36 Wireless communications facilities ......4726. 7-1905; Ord. 4943, 11-07-06; Ord. 5079, 11-20-07; Ord. 5195, 1'
.1(C)Density ,.. 06)
provide
ogether
4
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
3/3/2009
City Council Meeting Date
Agenda Items Only
Leif Olson Planning Operations
Submitted By Division Department
Action Required:
ADM 09-3198: (UDC Amendment): An ordinance to amend Ch. 161: Zoning Districts to amend and
setbacks and building height regulations in single-family and multi -family residential zoning districts.
n/a
Cost of this request
n/a
Account Number
n/a
Project Number
Budgeted Item
Department Director
n/a
Category / Project Budget
n/a
Funds Used to Date
n/a
Remaining Balance
Budget Adjustment Attached O
Date
z «r
City Attorney Date
`Pala, Oa . (...cL t 2-(3-°7
Finagce and Internal Services Director Date
v i3 0
to
C
n/a
Program Category I Project Name
n/a
Program / Project Category Name
n/a
Fund Name
Previous Ordinance or Resolution # n/a
Original Contract Date: n/a
Original Contract Number: n/a
Received in City �a'�EREp
Clerk's Office,
Received in I3
Mayors Office
Revised January 15, 2009
City Council Meeting of March 3, 2009
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Don Marr, Chief of Operations M'
Jeremy Pate, Director of Current Planning
Karen Minkel, interim Director of Long Range Planning %'-
From: Leif Olson, Long Range Planner
Date: February 12, 2009
Subject: UDC Ch. 161 Zoning Regulations Amendments (ADM 09-3198)
RECOMMENDATION
On March 18, 2008 the Fayetteville City Council approved Ordinance No. 5118,
adopting Urban Residential Design Standards (URDS). The URDS call for buildings to
locate and orient structures close to the street right-of-way. The proposed ordinance will
amend and unify building setbacks and building height regualtions in multi -family zoning
districts in order to codify the preferable building form intended by the URDS. Staff also
proposes amending and clarifying the method for regulating and measuring building
heights in residential office and multi -family zoning districts when located adjacent to
single-family zoning districts. Finally, staff is proposing to reduce the front building
setbacks in certain single-family zoning districts to allow greater flexibilty in home
design and site considerations while encouraging traditional neighborhood design with
homes that address the street.
BACKGROUND
Zoning district regulations such as building setbacks, building height limits and lot width
minimums determine the building form and site planning for new development. The
adoption of additional design standards necessitates amendments to applicable zoning
districts in order to codify the intent of the design standards. Amendments to the single-
family zoning districts is intended to further the City Plan 2025 goal of encouraging
traditional neighborhood design by encouraging homes and porches to address the street
through reduced front setbacks.
DISCUSSION
This item was heard at the regular Planning Commission meeting on February 9, 2009
and forwarded by vote of 8-0 with a recommendation for approval 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
DISTRICTS IN ORDER TO AMEND AND UNIFY
BUILDING SETBACK AND BUILDING HEIGHT
REGULATIONS IN RESIDENTIAL SINGLE-FAMILY
AND MULTI -FAMILY ZONING DISTRICTS.
WHEREAS, the City of Fayetteville has adopted Urban Residential Design
Standards that requires buildings to front city streets and locate parking behind the structure;
and
WHEREAS, the Zoning Regulations in Chapter 161 dictate building placement and
structure heights; and
WHEREAS, the City of Fayetteville recognizes that the Zoning Regulations, Design
Guidelines and methods of measuring building placement and height should be consistent;
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
repealing
and replacing
specific sections, a
copy of which marked
Exhibit "A" is
attached hereto
and made
a part hereof.
PASSED and APPROVED this the day of____ 2009.
APPROVED:
By:
LIONELD JORDAN, Mayor
ATTEST:
By:
SONDRA SMITH, City Clerk
Exhibit "A"
Chapter 161: Zoning Regulations is amended by removing and replacing the
following sections.
161.04 District RSF-.5, Residential Height regulations. Structures in this District
Single -Family — One Half Unit Per are limited to a building height of 45 feet.
Acre Existing structures that exceed 45 feet in
height shall be grandfathered in, and not
(A) Purpose. A district having single-family considered nonconforming uses, (ord. #
detached residences on lots with a minimum 4858).
size of two acres and a maximum gross
density of approximately one-half unit per (G) Building area. None.
acre.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 41
Accessory 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 5
Government facilities
Unit 24
Home occupations
Unit 36
Wireless communications facilities
(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.
(E) Setback requirements.
Front
Side
Rear
35 ft.
20 ft.
35 ft.
(F) Building height regulations.
Building Height Maximum I 45 Ft
(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; Ord. 5028, 6-19-07; Ord.
5128, 4-15-08)
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
City-wide
uses by right
Unit 8
Single-family
dwellings
Unit 41
Accessory 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 5
Government facilities
Unit 24
Home occupations
Unit 36
Wireless communications facilities
(E) Density.
Units per acre I 1 II
(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
Side
Rear
35 ft.
20 ft.
35 ft.
(H) Building height regulations.
II Building Height Maximum I 45 Ft
Height regulations. Structures in this District
are limited to a building height of 45 feet.
Existing structures that exceed 45 feet in
height shall be grandfathered in, and not
considered nonconforming uses, (ord. #
4858).
(I) 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; Ord.
5028, 6-19-07; Ord. 5128, 4-15-08)
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.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 41
Accessory 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 5
Government facilities
Unit 24
Home occupations
Unit 36
Wireless communications facilities
(E) Density.
Units per acre I 2
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.
30 ft.
(H) Building height regulations.
II Building Height Maximum I 45 Ft
Height regulations. Structures in this District
are limited to a building height of 45 feet.
Existing structures that exceed 45 feet in
height shall be grandfathered in, and not
considered nonconforming uses, (ord. #
4858).
(I) 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; Ord. 5028, 6-19-07; Ord.
5128, 4-15-08)
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 dwellings
Unit 41
Accessory 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 5
Government facilities
Unit 9
Two-famity dwellings
Unit 24
Home occupations
Unit 36
Wireless communications facilities
(F) Bulk and area regulations. (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
Lot minimum
70 ft.
80 ft.
width
Lot area
8,000 sq. ft.
12,000 sq.-ft.
minimum
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
15 ft.
5ft.
15 ft.
(F) Building height regulations.
1 Building Height Maximum I 45 Ft
Height regulations. Structures in this District
are limited to a building height of 45 feet.
Existing structures that exceed 45 feet in
height shall be grandfathered in, and not
considered nonconforming uses, (ord. #
4858).
(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; Ord.
5028, 6-19-07; Ord. 5128, 4-15-08)
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
Unit 41
Accessory 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 5
Government facilities
Unit 9
Two family dwellings
Unit
24
Home occupations
Unit
36
Wireless communications facilities
(C) Density.
Single-family
dwelling units per 7 or less
acre
(D) Bulk and area regulations.
(E) Lot width minimum.
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
15 ft.
5ft.
15 ft.
(1) Building height regulations.
Building Height Maximum 1.45 Ft
Height regulations. Structures in this District
are limited to a building height of 45 feet-
Existing structures that exceed 45 feet in
height shall be grandfathered in, and not
considered nonconforming uses, (ord. #
4858).
(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; Ord. 5028, 6-19-07; Ord.
5128, 4-15-08)
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
Unit 41
Accessory 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 5
Government facilities
Unit 9
Two-family dwellings
Unit 24
Homeations
Unit 36
_occupations
Wireless communications facilities
(C) Density.
B Ri ht
Single-family
dwelling units per
acre
8 or less
(0) Bulk and area regulations.
(1) Lot width minimum.
Single-family
50 ft.
Two-family
50 ft.
Townhouse, no more 25 ft.
than two attached
(2) Lot area minimum.
Single-family
5,000 sq.
ft.
Two-family
5,000 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.
5ft.
5ft.
(F) Height regulations.
II 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; Ord. 5028, 6-19-07: Ord. 5128,
4-15-08)
Cross reference(s)--Variance, Ch. 156.
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.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10 I Three-family dwellings
(B) Uses.
(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 5
Government facilities
Unit 24
Home occupations
Unit 36
Wireless communications facilities
(C) Density.
Units per acre 12 or less
(D) Bulk and area regulations.
Single-
Two-
Three-
family
family
family
____________
Lot width
60 ft.
70 ft.
90 ft.
minimum
Lot area
6,000 sq.
7,260 sq.
10,890 sq.
minimum
ft.
ft.
ft.
Land area
6,000 sq.
3,630 sq.
3,630 sq.
per
ft.
ft.
ft.
dwelling
unit
(E) Setback requirements.
Front
Side
Rear
l0ft.
8ft.
20 ft.
(F) Height regulations.
Building height 45 ft.
maximum
(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; Ord. 5028, 6-19-07)
Cross reference(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.
(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 5
Government 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 6 or less
(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 bedrooms
2,000 sq. ft.
Fraternity or Sorority
1,000 sq. ft. per
resident
(C) Density.
Units per acre I 12 or less
(E) Setback requirements. (D) Bulk and area regulations,
Front
Side
Rear
loft.
8ft.
25 ft.
Cross reference(s)--Variances, Ch. 156.
(F) Building height regulations.
Building Height Maximum 60Ft
Height regulations. Any building which
exceeds the height of 20 feet shall be set
back from any side boundary line of an
adjacent single family district, 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; Ord. 5028, 6-19-07)
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 5
Government facilities
Unit 11
Manufactured home park
Unit 24
Home occupations
Unit 25
Professional offices
Unit 36
Wireless communications
facilities
(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.
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
(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 bedrooms
2,000 sq.
ft.
Fraternity or Sorority
1,000
sq. ft. per
resident
(E) Setback requirements.
Front
Side
Rear
loft.
aft.
25 ft.
Cross reference(s)-Variances. Ch. 156
(F) Building height regulations.
II Building Height Maximum I 60 Ft.
Height regulations. Any building which
exceeds the height of 20 feet shall be set
back from any side boundary line of an
adjacent single family district, 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: Ord. 5028, 6-19-07)
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 5
Government 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 18 or less
(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
4,200 sq. ft.
home park
Townhouse:
Development
Individual lot
10,000
2,500 sq.
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
(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 bedrooms
2,000 sq.
ft.
Fraternity or Sorority
1,000
sq. ft. per
resident
(E) Setback requirements.
Front
Side
Rear
10 ft.
8ft.
25 ft.
Cross reference(s) —Variances, Ch. 156.
(F) Building height regulations.
Building Height Maximum I 60 ft.
Height regulations. Any building which
exceeds the height of 20 feet shall be set
back from any side boundary line of an
adjacent single family district, 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; Ord. 5028, 6-19-07)
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 5
Government facilities
Unit 11
Manufactured home park
Unit 25
Professional offices
Unit 24
Home occupations
Unit 36
Wireless communications facilities
(C) Density.
Units per acre 24 or less
(D) Bulk and area regulations.
(1) Lot width minimum.
Manufactured home
park
100 ft.
Lot within a
Manufactured home
ark
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.
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
1,700 sq.
ft.
One bedroom
1,700 sq.
ft.
Two bedroom
2,000 sq.
ft.
Fraternity or Sorority
1,000
sq. ft. per
resident
(E) Setback requirements.
Front
Side
Rear
loft.
8ft.
25 ft.
HHOD Front
HHOD Side
HHOD Rear
15 ft.
8ft.
15 ft.
Cross reference(s)-Variance, Ch. 156.
(F) Building height regulations.
Building Height Maximum I 60Ft
Height regulations. Any building which
exceeds the height of 20 feet shall be set
back from any side boundary line of an
adjacent single family district, 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; Ord.
5028, 6-19-07; Ord. 5079, 11-20-07)
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
(2) Conditional uses.
Unit 2
City-wide uses by CUP
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 11
Manufactured home park
Unit 24
Home occupation
Unit 25
Professional offices
Unit 36 I Wireless communications facilities
(C) Density.
Units per acre I 40 or less
(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
3 acres
park
Lot within a
4,200 sq.
ft.
manufactured home
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.
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 bedrooms
1,200 sq.
ft.
Fraternity or Sorority
500 sq. ft.
per
resident
(E) Setback requirements.
Front
Side
Rear
loft.
8ft.
20 ft.
Cross reference(s)-Variance, Ch. 156.
(F) Building height regulations.
II Building Height Maximum I 60Ft
Height regulations. Any building which
exceeds the height of 20 feet shall be set
back from any side boundary line of an
adjacent single family district, 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; Ord, 5028, 6-19-07)
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 I
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 15
Neighborhood shopping oods
Unit 24
Home occupations
Unit 26
Multi -family dwellings
Unit 36
Wireless communications
facilities
Unit 42
Clean technologies
(C) Bulk and area regulations.
(Per dwelling unit for residential structures)
(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.
(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.
2,500 sq.
ft.
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
One bedroom
Two or more bedrooms
1,000 sq.
1,000 sq.
1,200 sq.
ft.
ft.
ft.
Fraternity or Sorority
500 sq. ft.
resident
per
(D) Density.
Units per acre I 24 or less
(E) Setback regulations.
Front
15 ft.
Front,
the right-of-way
if parking is allowed between
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) Building height regulations.
1 Building Height Maximum I 60 ft.
Height regulations, Any building which
exceeds the height of 20 feet shall be set
back from any side boundary line of an
adjacent single family 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; Ord. 4943, 11-07-06: Ord. 5079, 11-20-
07; Ord. 5195, 11-6-08)
T
ye eve -fie
/ ARKANSAS
PC Meeting of February 9, 2009
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
Fayetteville, AR 7270]
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Leif Olson, Long Range Planner
TFIRU: Karen Minkel, Interim Director of Long Range Planning
DATE: January 16, 2009
ADM 09-3198: Administrative Item (Amendment to Chapter 161: Zoning Regulations)
Submitted by Planning Staff to amend and unify building setbacks and building height
regulations in residential single-family and multi -family zoning districts.
Planner: Leif Olson
BACKGROUND
The City Council adopted Urban Residential Design Standards (URDS) in March of
2008. URDS called for multi -family residential projects to locate and orient structures to
the public right of way. However, the multi -family zoning districts, RT-12, RMF-6,
RMF-12, RMF-24, and RMF-40 all require a 25 -foot front setback. This ordinance will
clarify the intent of the URDS by requiring a minimum of a 10 -foot front setback. This
will allow development to locate in the front build -to -zone of 10 -feet to 25 -feet as
required by the URDS. -•
Additionally, the height requirements in the Multi -family and Residential Office zoning
districts have a requirement for a side setback of an additional foot of setback for every
foot of building height in excess of 20 feet. This regulation is intended to provide
compatibility with adjacent uses; however, it is too vague and its interpretation does not
allow for a variety of instances when the additional setback would be un-necessary or
counter productive. Ultimately, this regulation conflicts with the intent of URDS to create
a meaningful streetscape because it will force projects to center structures on the lot with
large side yards and parking in most cases. Planning staff proposes amending the height
and setback language to apply only in instances where multi -family or residential office
districts are located adjacent to single family districts.
Planning staff also recommends reducing the front building setback in the RSF-4 and
RSF-7 Zoning districts from 25 feet to I5 feet. This will allow for greater flexibility in
home design and site considerations while encouraging traditional neighborhood design
with homes that address the street. This will allow for a reduced front setback that will
encourage the use of front porches in both old and new neighborhoods and reduce the
number of variance requests that are processed for the city's established traditional
neighborhoods. Other single family districts such as the RSF-8, Neighborhood
Conservation and Downtown General zoning districts already have reduced front
setbacks or build -to zones so they are not included. Additionally, the RSF-0.5, RSF-I and
RSF-2 zoning districts have not been amended because they have large lot area
requirements and a suburban or rural nature.
Amendments have also been made to remove any redundancies in the code such as the
method for measuring building heights in the Hillside/Hilltop Overlay District that has
been adopted citywide for all structures in all zoning districts.
RECOMMENDATION
Planning Staff recommends approval of ADM 09-3198 to amend and unify building
setbacks and building height regulations in residential single-family and multi -family
zoning districts.
Planning Commission Action: ❑ Approved 0 Denied 0 Tabled
Motion:
Second:
Vote:
Meeting Date: February 9, 2008
Comments:
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE XV: UNIFIED
DEVELOPMENT CODE OF THE CODE OF
FAYETTEVILLE TO AMEND CHAPTER 161: ZONING
DISTRICTS IN ORDER TO AMEND AND UNIFY
BUILDING SETBACK AND BUILDING HEIGHT
REGULATIONS IN RESIDENTIAL SINGLE-FAMILY
AND MULTI -FAMILY ZONING DISTRICTS.
WHEREAS, the City of Fayetteville has adopted Urban Residential Design
Standards that requires buildings to front city streets and locate parking behind the structure;
and
WHEREAS, the Zoning Regulations in Chapter 161 dictate building placement and
structure heights; and
WHEREAS, the City of Fayetteville recognizes that the Zoning Regulations, Design
Guidelines and methods of measuring building placement and height should be consistent;
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 repealing and replacing
specific sections, a copy of which marked Exhibit "A" is attached hereto and made a part hereof.
PASSED and APPROVED this the _ day of _, 2009.
APPROVED:
By:
LIONELD JORDAN, Mayor
ATTEST:
By:
SONDRA SMITH, City Clerk
Exhibit "A"
Chapter 161: Zoning Regulations is amended by removing and replacing the
following sections.
(F) Building height regulations.
161.04 District RSF-.5, Residential II Building Height Maximum 45 Ft
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
Unit 41
Accessory 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 5
Government facilities
Unit 24
Home occupations
Unit 36
Wireless communications facilities
(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.
(E) Setback requirements.
Front Side Rear
35 ft. 20 ft. 35 ft.
Height regulations. Structures in this District
are limited to a building height of 45 feet.
Commission. Existing structures that exceed
45 feet in height shall be grandfathered in,
and not considered nonconforming uses,
(ord. # 4858).
(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; Ord. 5028. 6-19-07; Ord.
5128. 4-15-08)
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
City-wide uses by right
Unit 8
Single-family dwellings
Unit 41
Accessory 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 5
Government facilities
Unit 24
Home occupations
Unit 36
Wireless communications facilities
(E) Density.
1 Units peracre 1 II
(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
Side
Rear
35 ft.
20 ft.
35 ft.
(H) Building height regulations.
II Building Height Maximum 45 Ft jj
Height regulations. Structures in this District
are limited to a building height of 45 feet.
Commission. Existing structures that exceed
45 feet in height shall be grandfathered in,
and not considered nonconforming uses,
(ord. # 4858).
(I) 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; Ord.
5028,6-19-07; Ord. 5128, 4-15-08)
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.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 41
Accessory 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 5
Government facilities
Unit 24
Home occupations
Unit 36
Wireless communications facilities
(E) Density.
Units per acre j 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.
30 ft.
(H) Building height regulations.
1 Building Height Maximum 45 Ft
Height regulations. Structures in this District
are limited to a building height of 45 feet.
Commission. Existing structures that exceed
45 feet in height shall be grandfathered in,
and not considered nonconforming uses,
(ord. #4858).
(I) 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; Ord. 5028, 6-19-07; Ord.
5128, 4-15-08)
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 dwellings
Unit 41
Accessory 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 5
Government 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
4 or less
7 or less
(D) Bulk and area regulations.
Single-family
Two-family
dwellings
dwellings
Lot minimum
70 ft.
80 ft.
width
Lot area
8,000 sq. ft.
12,000 sq.-ft.
minimum
Land area per
8,000 sq. ft.
6,000 sq. ft.
dwellin 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
15 ft.
5ft.
15 ft.
(F) Building height regulations.
II Building Height Maximum 45 Ft
45 feet in height shall be grandfathered in,
and not considered nonconforming uses,
(ord. # 4858).
(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, B-31-99; Ord. 4858, 4-18-06; Ord.
5028, 6-19-07; Ord. 5128, 4-15-08)
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
Unit 41
Accessory 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 5
Government facilities
Unit 9
Two family dwellings
Unit
24
Home occupations
Unit
36
Wireless communications facilities
(C) Density.
Single-family
dwelling units per 7 or less
acre
(D) Bulk and area regulations.
(E) Lot width minimum.
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 3,000 sq. ft.
than two attached
(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
15 ft.
5ft..
15 ft.
(I) Building height regulations.
II Building Height Maximum 45 Ft
Height regulations, Structures in this District
are limited to a building height of 45 feel:
Commission. Existing structures that exceed
45 feet in height shall be grandfathered in,
and not considered nonconforming uses,
(ord. # 4858).
(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; Ord. 5028, 6-19-07; Ord.
5128, 4-15-08)
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
Unit 41
Accessory 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 5
Government facilities
Unit 9
Two-family dwellings
Unit 24
Home occupations
Unit 36
Wireless communications facilities
(C) Density.
By Right
Single-family
dwelling units per
8 or less
acre
(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.
(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.
5ft.
5ft.
(F) Height regulations.
1 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; Ord. 5028, 6-19-07; Ord. 5128,
4-15-08)
Cross reference(s)--Variance, Ch. 156.
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.
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.
Unit 2
City-wide uses by conditional use
permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 24
Home occupations
Unit 36
Wireless communications facilities
(C) Density.
1 Units per acre 12 or less
(D) Bulk and area regulations.
Single-
Two-
Three-
family
family
family
____________
Lot width
60 ft.
70 ft.
90 ft.
minimum
Lot area
6,000 sq.
7,260 sq.
10,890 sq.
minimum
ft.
ft.
ft.
Land area
6,000 sq.
3,630 sq.
3,630 sq.
per
ft.
ft.
ft.
dwelling
unit
(E) Setback requirements.
Front
Side
Rear
loft.
8 ft.
20 ft.
(F) Height regulations.
Building height 45 ft.
maximum
(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; Ord. 5028, 6-19-07)
Cross reference(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
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 5
Government facilities
Unit 11
Manufactured home park
Unit 24
Home occupations
Unit 25
Professional offices
Unit 36
Wireless communications facilities
(C) Density.
Units per acre 6 or less
(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.
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
(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 bedrooms
2,000 sq.
ft.
Fraternity or Sorority
1,000
sq. ft. per
resident
(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
Units
Government facilities
Unit 11
Manufactured home park
Unit 24
Home occupations
Unit 25
Professional offices
Unit 36
Wireless communications
facilities
(C) Density.
Units per acre 12 or less
(E) Setback requirements. (D) Bulk and area regulations.
Front
Side
Rear
l o ft.
8 ft.
25 ft.
Cross reference(s)—Variances, Ch. 156.
(F) Building height regulations.
Building Height Maximum 60Ft
Height regulations. Any building which
exceeds the height of 20 feet shall be set
back from any side boundary line of an
adjacent single family district, 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; Ord. 5028, 6-19-07)
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.
(1) Lot width minimum.
Manufactured home park
100 ft.
Lot within a manufactured home
park
50 ft.
Single famil
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.
2,500 sq.
ft.
ft.
Single-family
6,000 sq.
ft.
7,000
9,000 s .
ft.
ororit
2 acres
ffices
I 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 bedrooms
2,000 sq.
ft.
Fraternity or Sorority
1,000
sq. It. per
resident
(E) Setback requirements.
Front
Side
Rear
loft.
8ft.
25 ft.
Cross reference(s)-Variances, Ch. 156
(F) Building height regulations.
II Building Height Maximum I 60 Ft.
Height regulations. Any building which
exceeds the height of 20 feet shall be set
back from any side boundary line of an
adjacent single family district, 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; Ord. 5028, 6-19-07)
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 I
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 5
Government facilities
Unit 11
Manufactured home park
Unit 24
Home occupations
Unit 25
Professional offices
Unit 36
Wireless communications facilities
(C) Density.
Units per acre 18 or less
(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.
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
(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 bedrooms
2,000 sq.
ft.
Fraternity or Sorority
1,000
sq. ft. per
resident
(E) Setback requirements.
Front
Side
Rear
loft.
8ft.
25 ft.
Cross reference(s) —Variances, Ch. 156.
(F) Building height regulations.
II Building Height Maximum I 60 ft.
Height regulations. Any building which
exceeds the height of 20 feet shall be set
back from any side boundary line of an
adjacent single family district, 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; Ord. 5028, 6-19-07)
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 5
Government facilities
Unit 11
Manufactured home park
Unit 25
Professional offices
Unit 24
Home occupations
Unit 36
Wireless communications facilities
(C) Density.
Units per acre 24 or less
(D) Bulk and area regulations.
(1) Lot width minimum.
Manufactured home
park
100 ft.
Lot within a
Manufactured home
park
soft.
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 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
1,700 sq.
ft.
One bedroom
1,700 sq.
ft.
Two bedroom
2,000 sq.
ft.
Fraternity or Sorority
1,000
sq. ft. per
resident
(E) Setback requirements.
Front
Side
Rear
10 ft.
8ft.
25 ft.
HHOD Front
HHOD Side
HHOD Rear
15 ft.
8ft.
15 ft.
Cross reference(s)--Variance, Ch. 156.
(F) Building height regulations.
II Building Height Maximum 60Ft
Height regulations. Any building which
exceeds the height of 20 feet shall be set
back from any side boundary line of an
adjacent single family district, an
additional distance of one foot for each foot
of height in excess of 20 feet. except for the
J
... .. . .. ....
.......
(G) Building area. None.
(Code 1965, App. A., Art. 5(111); Ord. No. 2320, 4-6-77;
(2) Lot area minimum. 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; Ord.
5028, 6-19-07; Ord. 5079, 11-20-07)
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
(2) Conditional uses.
Unit 2
City-wide uses by CUP
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 11
Manufactured home park
Unit 24
Home occupation
Unit 25
Professional offices
Unit 36
Wireless communications facilities
(C) Density.
1 Units per acre 40 or less
(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
3 acres
park
Lot within a
4,200 sq. ft.
manufactured home
park
Townhouses:
Development
Individual lot
10,000
2,500 sq.
sq. ft.
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 bedrooms
1,200 sq.
ft.
Fraternity or Sorority
500 sq. ft.
per
resident
(E) Setback requirements.
Front
Side
Rear
loft,
8 ft.
20 ft.
Cross reference(s)--Variance, Ch. 156.
(F) Building height regulations.
Building Height Maximum 60F
Height regulations. Any building which
exceeds the height of 20 feet shall be set
back from any side boundary line of an
adjacent single family district, 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; Ord. 5028, 6-19-07)
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 15
Neighborhood shopping oods
Unit 24
Home occupations
Unit 26
Multi -family dwellings
Unit 36
Wireless communications
facilities
Unit 42
Clean technologies
Fraternity or Sorority 500 sq. ft. per
resident
(D) Density.
1 Units per acre 24 or less
(E) Setback regulations.
Front
15 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.
(C) Bulk and area regulations.
(Per dwelling unit for residential structures) (F) Building height regulations.
(1) Lot width minimum. 1 Building Height Maximum 60 ft.
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 a]cre
Lot within a manufactured
home park
4,2
Townhouses:
Development
Individual lot
10.
2,5Sin
le-famil
6,0Two-famil
6,5Three
or more
8,0.Fraternit
or Sorodt
1 a
(3) Land area per dwelling unit.
Manufactured home
3,000 sq.
ft.
Townhouses &
apartments:
1,000 sq.
ft.
No bedroom
1,000 sq.
ft.
One bedroom
1,200 sq.
ft.
Two or more bedrooms
Height regulations. Any building which
exceeds the height of 20 feet shall be set
back from any side boundary line of an
adjacent single family district an additional
distance of one foot for each foot of height in
excess of 20 feet. oxcopt for tim HHOD.
lM-ZEC
- ....M
. .
M.l n.....
IN
Mii!!!'i -. .
(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; Ord. 4943, 11-07-06; Ord. 5079, 11-20-
07; Ord. 5195, 11-6-08)
ADM 09-3198: (AMENDMENT TO CH. 161: ZONING REGULATIONS): Submitted by
Planning Staff to amend and unify building setbacks and building height regulations in
residential single- and multi -family zoning districts.
Jeremy Pate, Director of Current Planning, gave the staff report, recommending forwarding to
City Council with a recommendation of approval.
No public comment was received.
Motion:
Commissioner Anthes made a motion to forward the request to City Council with a
recommendation of approval Commissioner Cabe seconded the motion. Upon roll call the
motion passed with a vote of 8-0-0.
All business being concluded, the ineeting was adjourned at 7:00 PM.
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE XV: UNIFIED
DEVELOPMENT CODE OF THE CODE OF
FAYETTEVILLE TO AMEND CHAPTER 161: ZONING
DISTRICTS IN ORDER TO AMEND AND UNIFY
BUILDING SETBACK AND BUILDING HEIGHT
REGULATIONS IN RESIDENTIAL SINGLE-FAMILY,
MULTI -FAMILY AND RESIDENTIAL -OFFICE ZONING
DISTRICTS.
WHEREAS, the City of Fayetteville has adopted Urban Residential Design
Standards that requires buildings to front city streets and locate parking behind the structure;
and
WHEREAS, the Zoning Regulations in Chapter 161 dictate building placement and
structure heights; and
WHEREAS, the City of Fayetteville recognizes that the Zoning Regulations, Design
Guidelines and methods of measuring building placement and height should be consistent;
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 repealing and replacing
specific sections, a copy of which marked Exhibit "A" is attached hereto and made a part hereof
PASSED and APPROVED this the _ day of , 2009.
APPROVED:
By:
LIONELD JORDAN, Mayor
ATTEST:
By:
SONDRA SMITH, City Clerk
Pagel of l
Clarice Pearman - Ords. 5224, 5225 & 5226
From: Clarice Pearman
To: Pate, Jeremy
Date: 3.6.09 11:07 AM
Subject: Ords. 5224, 5225 & 5226
CC: Audit
Attachments: Audit
Jeremy:
Attached are copies of the agenda items passed by City Council regarding the following amendments to the UDC:
1. Amend Chapter 161
2. Amend Chapter 164 (§164,11(B))
3. Amend Chapter 162
Please let me know if there is anything else needed for these items. Have a good day.
Clarice
file: //C:\Documents%20 and%20 S ettings\cpearman.000\Local%20 Settings\Temp\XPgrpwise\49B 103 DEFA... 3.6.09