HomeMy WebLinkAboutOrdinance 5304 ORDINANCE NO. 5304
AN ORDINANCE AMENDING TITLE XV: UNIFIED DEVELOPMENT
CODE OF THE CITY OF FAYETTEVILLE, TO AMEND CHAPTERS 151 :
DEFINITIONS AND 172: PARKING AND LOADING IN ORDER TO
ESTABLISH FURTHER PARKING STANDARDS IN DISTRICTS UTILIZED
FOR SINGLE FAMILY HOMES.
WHEREAS, Chapter 172: Parking and Loading was amended by the City Council in
2007 to establish parking standards for all districts; and
WHEREAS, the City continues to receive many citizen complaints throughout the year
regarding excess, haphazard and unsightly parking of motor vehicles in single family
neighborhoods; and
WHEREAS, said excess parking practices do not contribute to a neighborhood' s well-
being; and
WHEREAS, the same parking practices can create delays in emergency response,
impediments to access for citizens, delivery vehicles and others attempting to access their
property; and
WHEREAS, the City of Fayetteville recognizes a duty to ensure that compatibility of
land uses within single family districts remain intact;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 . That the City Council of the City of Fayetteville, Arkansas hereby amends
§ 151 : Definitions by adding the following:
"Carport. An automobile shelter having one or more sides open."
"Front Yard Area. Front yard area shall mean the area between the plane of the front elevation of
the principal fagade(s) of the principal structure extending to the side property lines and the front
property line abutting the street, including the driveway. A front shall be any plane of a building
which abuts to a public street right-of-way."
Page 2
Ordinance No. 5304
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby repeals
§ 172. 11 of the Unified Development Code enacts a replacement § 172. 11 as shown in Exhibit
"A" attached hereto.
PASSED and APPROVED this 19'" day of January 2010.
APPROVED ATTEST:
By: By: kA LA &44
XOALD JO , Mayor S NDTH, City Clerk/Treasurer
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ADM 09-3493 UDC Amendment Ch. 172.11
Driveway & Parking Standards
Exhibit "A"
172. 11 Driveway and Parking Standards for non-motorized recreational vehicles, trailers,
Four (4) or Less Parking Spaces and boats shall be counted toward the
(A) Purpose. The purpose of this ordinance maximum total of four (4) motor vehicles
section is to promote the public health, safety permitted on the property.
and general welfare, to prevent the adverse (F) Off-street Parking on City Street Right-of-
impacts associated with excess parking and Way. The off-street parking of any motor
over-occupancy of homes in single family vehicle, non-motorized recreational vehicle,
districts, and to ensure that compatibility of boat or trailer shall be prohibited within the
land uses within single family districts remain street right-of-way, which includes any
intact. sidewalk, greenspace or other area from the
edge of the paved street through the width of
(B) Applicability. The following requirements the dedicated street right-of-way. On-street
shall apply to properties within single family parking within properly designated areas of the
districts that require four (4) or less parking street right-of-way may be permitted, in
spaces and properties within all zoning accordance with current traffic regulations.
districts that are utilized for a single family
detached home requiring four (4) or less (G) Driveway Standards.
parking spaces. The regulations herein do not ( 1 ) Driveway Approach to Property Line. The
apply to motor vehicles located completely driveway approach shall extend to the
within or underneath garages or carports, nor property line and/or master street plan
to properties zoned Residential Agricultural. right-of-way from the paved street and
(C) Maximum Number of Parking Spaces shall be designed, permitted, and paved
Permitted. Unless otherwise permitted herein, with concrete in accordance with § 171 . 13
a maximum of four (4) motor vehicles may be Sidewalk and Driveway Specifications.
parked outdoors on a property containing a (2) Driveways Beyond the Property Line.
single family home(s) at any time, including Driveways shall be paved from the
driveways and other designated off-street property line and/or master street plan
parking areas. Parking for all other permitted right-of-way with asphalt, concrete, brick
uses shall conform to the Parking Ratio Table or stone pavers, or other solid surface and
contained within this chapter. shall extend 18 feet (length) into the
(D) Use of Front Yard Area for a Driveway property unless no parking is provided
and Off-street Parking. Motor vehicles shall between the property line and structure.
be parked in a driveway or off-street parking (3) Driveways Beyond 18 Feet into the
area that is clearly defined by pavement, a Property. Driveways beyond 18 feet into
change in materials, edging, or other means. the property may be paved or unpaved and
Driveways and off-street parking areas shall be shall be clearly defined by landscaping or
limited to a maximum of 40% of the front yard edging.
area and shall meet the maintenance g g
requirements as identified by this chapter. (4) Unpaved Streets. These requirements are
waived where the street to which the
(E) Parking of non-motorized vehicles in
driveway connects is not paved.
Front Yard Area. If parked within the front
yard area of a property (including driveways),
K:I0rdtnancesU304 Amend Chapter 151 & 172 Ex A.doc
1
ADM 09-3493 UDC Amendment Ch. 172.11
Driveway & Parking Standards
Exhibit "A"
(H) Driveway and Parking Area Maintenance restrictions for driveway separations in the
Requirements. UDC.
( 1 ) Paved. Driveways and parking areas that (L) "Pay-to-park operations. Pay-to-park
are paved shall be maintained to prevent operations are prohibited within single family
erosion onto adjacent properties and to districts and properties within all zoning
prevent dirt, rock and other materials from districts that are utilized for a single family
entering the street. detached home. "Pay-to-park" operations are
defined as those which advertise and/or sell or
(2) Unpaved. Driveways and parking areas lease permits to park or otherwise allow
that are not paved shall be maintained to parking for free or for payment on a property
prevent erosion onto adjacent properties on which the owner and/or operator of the
and to prevent dirt, rock and other vehicle does not reside.
materials from entering the street.
Driveways and parking areas shall be (M) Exemptions. The following exemptions to
this ordinance section shall be permitted:
constructed and maintained with adequate
gravel, grasses, or other plants and/or (1 ) University of Arkansas Events. An
landscaping materials to keep the area unlimited number of motor vehicles shall
from becoming rutted, muddy and/or soil be allowed to park on private property for
from being blown or washed away. If an a period of 12 hours before and 12 hours
unpaved driveway is not maintained and is after a University of Arkansas event for
identified as a violation of this provision, persons attending said event on days when
such driveway shall be immediately events are occurring at Bud Walton Arena
remedied by the property owner. or Donald W. Reynolds Stadium on the
University Arkansas Campus.
(I) Driveway Grading and Drainage. The
driveway shall be graded in such a way to (2) Construction Vehicles. Parking of motor
dispose of surface water into appropriate vehicles for new construction and
structures. additions shall be allowed on private
(J) Maximum Driveway Width. Driveway properties and within the greenspace
width shall be limited to: between the street and sidewalk during the
duration of the project, as long as the
Lot Width Maximum Driveway Width building permit remains active. Any
damage from construction vehicles to city
70 feet or more 24 feet property such as broken curb, sidewalk
50 feet to 69 feet 20 feet cracks, ruts in the greenspace, and erosion
of unpaved areas shall be repaired by the
Less than 50 feet 18 feet owner/developer prior to completion of
construction.
(K) Loop, Circle, and Multiple Driveways.
Loop, circle and multiple driveways on a (3) Temporary Parking. Temporary
single property shall be allowed so long as a driveways or parking Tots approved by the
30 foot separation between the drives is Planning Commission.
maintained, as measured from the interior (4) Existing Driveways. All existing
edges of the curb cuts, subject to other driveways constructed prior to August 07,
K:IOrdManc&5304 Amend Chapter 151 & 172 Ex A.doc
t
ADM 09-3493 UDC Amendment Ch. 172.11
Driveway & Parking Standards
Exhibit "A"
2007 shall be exempt from meeting (6) Special Parking Exception Permits. A
§ 172. 11 (G), until a curb cut permit or a property owner that can prove special
building permit for the new construction exception to the limitation on number of
of 1 ,000 square feet or larger is granted. motor vehicles permitted on a single
(5) Special events. Infrequent parking for family property may present evidence to
special events which exceeds the normal the Planning Division to apply for a
maximum number of motor vehicles Special Parking Exception Permit. Such
permitted on a property is excepted from cases may include hobbyist vehicles or
this ordinance. Excessive parking which motor vehicle collections, an all-related
occurs more frequently than an average of family in residence, or other special
one day a month may be determined by circumstances deemed suitable by the
the Zoning and Development Planning Division, wherein the
Administrator upon complaint by a nearby circumstance meets the purpose and intent
neighbor to be "frequent" and thus not of the ordinance. If the Planning Division
excepted as "infrequent." The Zoning and approves the special exception permit, a
Development Administrator shall notify an permit will be issued for the address,
owner/tenant by regular mail or similar indicating additional vehicles are
notice that the excessive parking has been permitted to be parked on the property.
determined to be "frequent' and in (Ord. 5044, 8-07-07)
violation of this section prior to taking
other enforcement measures. 172.12-172.99 Reserved
K:I0rdiwnces15304 Amend Chapter 151 & 172 F-z A.doc
ALDERMAN AGENDA REQUEST FORM
FOR: COUNCIL MEETING OF January 05, 2010
FROM: Shirley Lucas, Sarah Lewis
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
ADM 09-3493: (UDC AMENDMENT CH. 172.11 PARKING):
An ordinance to amend Unified Development Code Ch. 172.11, Driveway and Parking
Standards for Four or Less Parking Spaces, in an effort to reduce excess and haphazard
parking in yards, ensure compatible land uses and reduce over-occupancy of homes in single
family districts.
APPROVED FOR AGENDA:
Council Memb r Shirley Lucas Date
C ncil Member Sarah Lewis ate
Prepared by:
ENiE9�7
lNh� .� � �•1''D0 1 09 �•
Jeremy ate Date 2 i9
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Director of Development Services
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Tay e evi THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
ARKANSAS
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan, City Council
Thru: Don Marr, Chief of Staff
From: Jeremy Pate, Development Services Directors
Date: 17 December 2009
Subject: ADM 09-3493 UDC Ch. 172. 11 Parking for Single Family Residential Uses
PROPOSAL:
Council Members Lucas and Lewis are sponsoring an ordinance that would establish further standards
for parking on properties that contain single family homes. Staff has prepared an ordinance for the Council to
review and consider.
Each year the City receives multiple complaints from various neighborhoods and from City Council
members regarding some of the behaviors and practices of residents within both rental and owner-occupied
properties that are located within single family neighborhoods. Although some of the complaints tend to cluster
near areas of university neighborhoods, it is clearly evident and quantifiable that the problems exist city-wide.
The City is compelled by its ordinances and policies to protect the character and nature of these single family
zones, in order to retain a compatible and complementary land use pattern.
In an attempt to remedy some of the complaints within single family neighborhoods regarding excess
parking on properties, parking that blocks street access for emergency services and residents, noise from
numerous, reoccurring parties, and the sometimes detrimental impacts associated with over-occupancy of single
family homes, the Development Services staff has prepared a draft ordinance for the City Council to consider,
which we believe would aid the City in enforcing existing ordinances and to provide some relief for certain
areas.
Currently, city codes restrict occupancy within single family districts to no more than three persons
unless are all related. However, this code is very difficult to enforce through established means, and can be even
more difficult to prove beyond a doubt in order to prosecute. Complaints that the City received involving over-
occupancy of a single family home actually tend to be related more to an excess number of vehicles parked at
the residence. Through the third quarter of 2009, for instance, a total of 91 related complaints were received,
with 69% of those regarding excess parking versus 31 % for over-occupancy. While the City is identifying other
means to address the over-occupancy issues, including education, an ordinance amendment to the City's code
was identified as one policy option to consider for the parking-related issues.
THE CITY OF FAYETTEVILLE, ARKANSAS
The proposal before you is to amend the City's parking ordinances for single family homes. It would:
• permit a maximum of four (4) motor vehicles to be parked on a property, not including within garages;
• permit a maximum of 40% of the front yard area to be utilized for said parking;
• exempt RVs, trailers, boats and the like from meeting this requirement, as they do not meet the
definition of a "motor vehicle." However, if these non-motorized vehicles and trailers are parking in the
front yard area, they will be counted towards the maximum total of four permitted.
• require vehicles to be parked in driveways or clearly defined parking areas — not haphazardly on a lawn
or other area of the yard;
• prohibit vehicles from parking within the street right-of-way, except for those areas that are properly and
legally designated for on-street parking;
• clearly prohibit "Pay-to-park" operations (where parking is permitted for persons that do not reside on
the premises)
A number of exemptions apply, including:
• UA events, for 12 hours before and after the event
• Construction vehicles for the duration a permit is active
• Temporary parking allowed by the Planning Commission
• Pre-existing driveways
• Special events (see ordinance draft for two options)
• Special Parking Exceptions — allowed by permit for uses such as hobbyists, larger families with more
than four drivers, etc.
Council members Lucas and Lewis ask the Council to' consider two varying options regarding the Special
Event exemption (§ 172. 11 (M)(5)). One option allows ,infrequent (not constant, habitual or regular) parking to
occur in excess of the maximum number of four vehicles; the other option sets a cap of ten ( 10) events per year
for excess parking to be allowed, and requires notification to the City prior to the event in order to account for
these ten events.
RECOMMENDATION:
Staff recommends the Council consider the ordinance amendment for adoption.
BUDGETIMPACT:
None.
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE XV: UNIFIED
DEVELOPMENT CODE OF THE CITY OF
FAYETTEVILLE, TO AMEND CHAPTERS 151 :
DEFINITIONS AND 172 : PARKING AND LOADING IN
ORDER TO ESTABLISH FURTHER PARKING
STANDARDS IN DISTRICTS UTILIZED FOR SINGLE
FAMILY HOMES.
WHEREAS, Chapter 172: Parking and Loading was amended by the City Council in
2007 to establish parking standards for all districts; and
WHEREAS, the City continues to receive many citizen complaints throughout the
year regarding excess, haphazard and unsightly parking of motor vehicles in single family
neighborhoods; and
WHEREAS, said . excess parking practices do not contribute to a neighborhood's
well-being; and
WHEREAS, the same parking practices can create delays in emergency response, .
impediments to access for citizens, delivery vehicles and others attempting to access their .
property; and
WHEREAS, the City of Fayetteville recognizes a duty to ensure that compatibility of
land uses within single family districts remain intact;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 . That the City Council of the City of Fayetteville, Arkansas hereby amends
§ 151 : Definitions by adding the following:
"Front Yard Area. Front yard area shall mean the area between the plane of the front
elevation of the principal ft�ade(s) of the principal structure extending to the side property
lines and the front property line abutting the street, including the driveway. A front shall be
any plane of a building which abuts to a public street right-of-way."
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby repeals
§ 172. 11 of the Unified Development Code enacts a replacement § 172. 11 as shown in Exhibit
"A" attached hereto.
ADM 09-3493 UDC Amendment Ch. 172.11
Driveway & Parking Standards
Exhibit "A"
172.11 Driveway and Parking Standards for non-motorized recreational vehicles, trailers,
Four (4) or Less Parking Spaces and boats shall be counted toward the
(A) Purpose. The purpose of this ordinance maximum total of four (4) motor vehicles
section is to promote the public health, safety permitted on the property.
and general welfare, to prevent the adverse (F) Off-street Parking on City Street Right-of-
impacts associated with excess parking and Way. The off-street parking of any motor
over-occupancy of homes in single family vehicle, non-motorized recreational vehicle,
districts, and to ensure that compatibility of boat or trailer shall be prohibited within the
land uses within single family districts remain street right-of-way, which includes any
intact. sidewalk, greenspace or other area from the
edge of the paved street through the width of
(B) Applicability. The following requirements the dedicated street right-of-way. On-street
shall apply to properties within single family parking within properly designated areas ofthe
districts that require four (4) or less parking street right-of-way may be permitted, in
spaces and properties within all zoning accordance with current traffic regulations.
districts that are utilized for a single family
detached home requiring four (4) or less (G) Driveway Standards.
parking spaces. The regulations herein do not ( 1 ) Driveway Approach to PropertyLine. The
applyto motor vehicles located within garages, driveway approach shall extend to the
nor to properties zoned Residential property line and/or master street plan
Agricultural. right-of-way from the paved street and
(C) Maximum Number of Parking Spaces shall be designed, permitted, and paved
Permitted. Unless otherwise permitted herein, with concrete in accordance with § 171 . 13
a maximum of four (4) motor vehicles may be Sidewalk and Driveway Specifications.
parked outdoors on a property containing a (2) Driveways Beyond the Property Line.
single family home(s) at any time, including Driveways shall be paved from the
driveways and other designated off-street property line and/or master street plan
parking areas. Parking for all other permitted
uses shall conform to the Parking Ratio Table right-of-way with asphalt, concrete, brick
contained within this chapter. or stone pavers, or other solid surface and
shall extend 18 feet (length) into the
(D) Use of Front Yard Area for a Driveway property unless no parking is provided
and Off-street Parking. Motor vehicles shall between the property line and structure.
be parked in a driveway or off-street parking (3) Driveways Beyond 18 Feet into the
area that is clearly defined by pavement, a Property. Driveways beyond 18 feet into
change in materials, edging, or other means. the property may be paved or unpaved and
Driveways and off-street parking areas shall be
limited to a maximum of 40% of the front yard shall be clearly defined by landscaping or
edging.
area and shall meet the maintenance
requirements as identified by this chapter. (4) Unpaved Streets. These requirements are
waived where the street to which the
(E) Parking of non-motorized vehicles in driveway connects is not paved.
Front Yard Area. If parked within the front
yard area of a property (including driveways),
K:(CITY COUNCIL AGENDA REQUESTSI2010 Agenda Requesis101-051ADM 09-3493 UDC Ch 122. 11 (Parking & Driveuny Standards)
ORD.doc
ADM 09-3493 UDC Amendment Ch. 172.11
Driveway & Parking Standards
Exhibit "A"
(H) Driveway and Parking Area Maintenance restrictions for driveway separations in the
Requirements. UDC.
( 1 ) Paved Driveways and parking areas that (L) "Pay-to-park " operations. Pay-to-park
are paved shall be maintained to prevent operations are prohibited within single family
erosion onto adjacent properties and to districts and properties within all zoning
prevent dirt, rock and other materials from districts that are utilized for a single family
entering the street. detached home. "Pay-to-park" operations are
defined as those which advertise and/or sell or
(2) Unpaved. Driveways and parking areas lease permits to park or otherwise allow
that are not paved shall be maintained to parking for free or for payment on a property
prevent erosion onto adjacent properties on which the owner and/or operator of the
and to prevent dirt, rock and other vehicle does not reside.
materials from entering the street.
Driveways and parking areas shall be (M) Exemptions. The following exemptions to
constructed and maintained with adequate this ordinance section shall be permitted:
gravel, grasses, or other plants and/or ( 1 ) University of Arkansas Events. An
landscaping materials to keep the area unlimited number of motor vehicles shall
from becoming rutted, muddy and/or soil be allowed to park on private property for
from being blown or washed away. If an a period of 12 hours before and 12 hours
unpaved driveway is not maintained and is after a University of Arkansas event for
identified as a violation of this provision, persons attending said event on days when
such driveway shall be immediately events are occurring at Bud Walton Arena
remedied by the property owner. or Donald W. Reynolds Stadium on the
(I) Driveway Grading and Drainage. The University Arkansas Campus.
driveway shall be graded in such a way to (2) Construction Vehicles. Parking of motor
dispose of surface water into appropriate vehicles for new construction and
structures. additions shall be allowed on private
(J) Maximum Driveway Width. Driveway properties and within the greenspace
width shall be limited to: between the street and sidewalk during the
duration of the project, as long as the
Lot Width Maximum Driveway Width building permit remains active. Any
damage from construction vehicles to city
70 feet or more 24 feet property such as broken curb, sidewalk
50 feet to 69 feet 20 feet cracks, ruts in the greenspace, and erosion
of unpaved areas shall be repaired by the
Less than 50 feet 18 feet owner/developer prior to completion of
construction.
(K) Loop, Circle, and Multiple Driveways.
Loop, circle and multiple driveways on a (3) Temporary Parking. Temporary
single property shall be allowed so long as a driveways or parking lots approved by the
30 foot separation between the drives is Planning Commission.
maintained, as measured from the interior
edges of the curb cuts, subject to other
K:IC1TY COUNCIL AGENDA REQUESTS12010 Agenda Requestsl0l-0511 DM 09-3493 UDC Ch 172. 11 (Parking & Driveway Standards)
ORD.doc
ADM 09-3493 UDC Amendment Ch. 172.11
Driveway & Parking Standards
Exhibit "A"
(4) Existing Driveways. All existing parking on a property has exceeded the
driveways constructed prior to August 07, definition of "infrequent."
2007 shall be exempt from meeting
§ 172. 11 (G), until a curb cut permit or a
building permit for the new construction (6) Special Parking Exception Permits. A
of 1 ,000 square feet or larger is granted. property owner that can prove special
».-e exception to the limitation on number of
(5) Special e4vents,. Infrequent parking for
special events which exceeds the motor vehicles permitted on a single
maximum number of motor vehicles family property may present evidence to
permitted on a property is permitted, with the Planning Division to apply for a
a maximum of 10 events per year, per Special Parking Exception Permit. Such
property. Property owners/tenants shall cases may include hobbyist vehicles or
notify the Planning Division in writing a motor vehicle collections, an all-related
minimum of three (3) days prior to the family in residence, or other special
special event, describing the event and the circumstances deemed suitable by the
estimated number of vehicles that will be Planning Division, wherein the
parked on the property. circumstance meets the purpose and intent
of the ordinance. If the Planning Division
OR approves the special exception permit, a
permit will be issued for the address,
(5) Spec,'ia/rev,ents Infrequent parking for indicating additional vehicles are
special events shall be permitted. permitted to be parked on the property.
Infrequent shall be defined as "not lord. soaa, 8-07-07>
constant, habitual, or regular." The Zoning
and Development Administrator shall 172.12-172.99 Reserved
have the final authority to determine if
AddAwl[)efi ho"n'"istchaiiter",:
Front Yard Area. Front yard area shall mean the area between the plane of the front elevation of the principal
fagade(s) of the principal structure extending to the side property lines and the front property line abutting the
street, including the driveway. A front shall be any plane of a building which abuts to a public street right-of-
way.
K:(CITY COUNCIL AGENDA REQUES7312010 Agenda Regmts101-05W DM 09-3493 UDC Ch 172.11 (Parking & Driveuny Standards)
ORD.doc
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Fayetteville -Ordinance 5304
January 28,2010
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This lsday of fet.
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, 2010.
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