HomeMy WebLinkAboutOrdinance 5312 ORDINANCE NO.5312
AN ORDINANCE AMENDING TITLE XV: UNIFIED DEVELOPMENT CODE OF
THE CITY OF FAYETTEVILLE, TO MODIFY EXISTING AND CREATE NEW USE
UNITS AND FORM-BASED ZONING DISTRICTS THAT PERMIT
ADMINISTRATIVE DEVELOPMENT APPROVAL, AND TO CREATE DESIGN
STANDARDS FOR SAID DISTRICTS.
WHEREAS, the City of Fayetteville recognizes that the Unified Development Code should be
revised to achieve a benchmark established through City Plan 2025 and the Fayetteville Forward Summit
to adopt traditional,form-based zoning districts for as-of-right development; and
WHEREAS, the City of Fayetteville recognizes that the Unified Development Code should
include a balanced range of zoning districts and uses that meet the needs and expectations of Fayetteville
citizens,stakeholders, and land developers;and
WHEREAS,the City of Fayetteville recognizes that the Unified Development Code should work
toward establishing and maintaining a high quality of life for its residents;
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 §151.01 of
the Unified Development Code to insert in alphabetical order the following definitions:
"Articulation (Development) The architectural composition of combined treatment of
elements and parts of the edges, corners,and surface of a building.
Fenestration. (Development) An exterior opening in the surface of a structure, such as a
window, door, clerestory window,curtain wall, etc.
Glazing. (Development) A transparent or translucent material that is integrated into a
building envelope, such as a window,display window,door,glass curtain wall,etc.
Minimum buildable street frontage. (Zoning) The minimum required percentage of a
property's street frontage, established by the underlying zoning district and measured in
linear feet, that is met by constructing a portion or portions of the vertical side of a
building within the build-to zone. Buildings may be constructed outside of the build-to
zone after the minimum required percentage has been met."
Page 2
Ordinance No.5312
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends §160.01 of
the Unified Development Code to establish the following zoning districts"
"Neighborhood Services, Community Services,and Urban Thoroughfare"
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby amends §161
Zoning Regulations of the Unified Development Code and inserts "Use Unit 12 Limited Business" as a
conditional use in the RSF-4, RSF-7, RSF-8, RT-12, RMF-6, RMF-12, RMF-18, RMF-24, and RMF-40
zoning districts.
Section 4. That the City Council of the City of Fayetteville, Arkansas hereby amends §161
Zoning Regulations of the Unified Development Code and repeals section 161.10(1), 161.11(I), 161.12(I),
161.13(I), 161.14(I),and 161.15(I)related to parking regulations.
Section 5. That the City Council of the City of Fayetteville, Arkansas hereby repeals §161.16
through §161.29 of the Unified Development Code and enacts a replacement §161.16 through §161.32 to
insert new zoning districts and modify existing zoning criteria as shown in Exhibit"A"attached hereto.
Section 6. That the City Council of the City of Fayetteville, Arkansas hereby amends §162.01
Establishment/Listing of the Unified Development Code by renaming Unit 12, Unit 17 and Unit 25 as
follows:
"Unit 12: Limited Business
Unit 17: Transportation trades and services
Unit 25: Offices, studios, and related services"
Section 7. That the City Council of the City of Fayetteville, Arkansas hereby amends
§162.01(B)(2) of the Unified Development Code to strike "Antique shop" and "Sanitary landfill area"
from"Public and private facilities"and to insert"School and church facility"as a"Temporary facility".
Section 8. That the City Council of the City of Fayetteville, Arkansas hereby repeals §162.01(L)
Offices, studios and related services of the Unified Development Code and enacts a replacement
§162.01(L)as shown in Exhibit"B"attached hereto.
Section 9. That the City Council of the City of Fayetteville,Arkansas hereby repeals §162.01(0),
(P),(Q),and(Y)of the Unified Development Code and enacts a replacement §162.01(0),(P), (Q),and
(Y)as shown in Exhibit"C"attached hereto.
Section 10. That the City Council of the City of Fayetteville, Arkansas hereby amends
§162.01(U)(2) of the Unified Development Code to strike "and ice" from "Fuel and ice establishments"
and "Ice house" from the table contained therein, and to insert the use "Towing business" and "Impound
Yard"under Contract Construction Services.
Section 11. That the City Council of the City of Fayetteville, Arkansas hereby amends §164.01 to
remove reference to"Unit 12"and replace it with"Unit 25".
Page 3
Ordinance No.5312
Section 12. That the City Council of the City of Fayetteville, Arkansas hereby amends §164.12
(D)(1)of the Unified Development Code to insert the following language:
"(e) Build-to-zone. Nonconforming structures located on properties with a build-to zone
may be altered to permit expansion up to 25% of the existing square footage."
Section 13. That the City Council of the City of Fayetteville, Arkansas hereby amends §164 of
the Unified Development Code to insert §164.21 Limited Business use conditions as shown in Exhibit
"D"attached hereto.
Section 14. That the City Council of the City of Fayetteville, Arkansas hereby amends §166 of
the Unified Development Code to insert §166.24 Nonresidential Design Standards as shown in Exhibit
"E"attached hereto.
Section 15. That the City Council of the City of Fayetteville, Arkansas hereby repeals §167.04
Table 1 of the Unified Development Code and enacts a replacement §167.04 Table I as shown in Exhibit
"F"attached hereto.
Section 16. That the City Council of the City of Fayetteville, Arkansas hereby amends §177.04
(D)(2)(c)of the Unified Development Code to insert the following subsection and renumber the following
subsections sequentially:
"(c) Urban Zoning Districts. Zoning districts that prescribe urban building form (e.g., a
build-to zone) permitting front setbacks of less then 15 feet may be permitted to reduce
the greenspace to 10 feet parallel to the Master Street Plan right-of-way line. Any
development providing less than 10 feet of greenspace shall utilize the street tree planting
plan for urban streetscapes."
PASSED and APPROVED this 20th day of April, 2010.
APPROVED ATTEST:
ByWLDO
,l �y By: 17,,E
<
ORD ,Mayor SO RA E.SMITH,City C erk/Treasurer
TR ��i�i
Y
zVo
:FAYETTEVILLE:
C,
�'�,9sy:QKANSP J�
C/�iTO
EXHIBIT "A"
ADM 09-3502
Page 1 of 15
161.16 Neighborhood Services I Two-family or more 3,000 sq.ft.of lot area
per dwellingunit
(A) Purpose.The Neighborhood Services district All other permitted
is designed to serve as a mixed use area of and conditional uses None
low intensity. Neighborhood Services
promotes a walkable, pedestrian-oriented (E) Setback regulations
neighborhood development form with
sustainable and complementary
neighborhood businesses that are compatible Front: The principal fagade obe built within a build-to fthat is
of
f a zone building shall
in scale,aesthetics,and use with surrounding located between feet and a line 15
land uses. For the purpose of Chapter 96: feet from the front property line.
Noise Control, the Neighborhood Services Side 5 feet
district is a residential zone.
Rear 15 feet
(B) Uses
(1) Permitted uses (F) Building height regulations.
Unit 1 City-wide uses b right Buildin Hei ht Maximum 45 ft.
Unit 8 Single-family dwellings
Unit 9 Two-family dwellings (G) Building area. On any lot,the area occupied
Unit 10 Three-family dwellings by all buildings shall not exceed 60% of the
Unit 12 Limited Business total area of the lot.
Unit 24 Home occupations
Unit 41 Accesso dwelling units 161.17 District R-O, Residential Office
Note: Any combination of above uses is permitted (A) Purpose. The Residential-Office District is
upon any lot within this zone. Conditional uses shall designed primarily to provide area for offices
need approval when combined with pre-approved without limitation to the nature or size of the office,
uses. together with community facilities,restaurants and
compatible residential uses.
(2) Conditional uses
(B) Uses.
Unit 2 City-wide uses by conditional use (1) permitted uses.
Unit 3 Public protection and utilityfacilities
Unit 4 Cultural and recreational facilities Unit 1 City-wide uses by right
Unit 5 Government Facilities Unit 5 Government facilities
Unit 13 Eating laces Unit 8 le-fa
Unit 15 Neighborhood shopping Single-family dwellings
9 Twodwellings
goods Unit
Unit 19 Commercial recreation, small sites Unit 9 Limited business
Unit 25 Offices,studios and related services
Unit 26 Multi-family dwellings Unit 25 Offices, studios, and related services
Unit 36 Wireless communication facilities` (2) Conditional uses.
Unit 40 Sidewalk cafes
(C) Density. Unit 2 City-wide uses by conditional use
permit
Units per acre 10 or less Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
(D) Bulk and Area Unit 11 Manufactured home ark'
Unit 13 Eating laces
(1) Lot width minimum Unit 15 Neighborhood shopping oods
Unit 24 1 Home occu ations
Single 35 feet Unit 26 Multi-familydwellings
Two-family 70 feet Unit 36 Wireless communications facilities'
Three or more 90 feet Unit 42 Clean technologies
All other uses None
(2) Lot area minimum. (C) Density.
Units 2er acre 24 or less
Sin le-famil 4,000 sq.ft.
EXHIBIT "A"
ADM 09-3502
Page 2 of 15
(D) Bulk and area regulations. (G) Building area. On any lot,the area occupied by all
(Per dwelling unit for residential structures) buildings shall not exceed 60%of the total area of
such lot.
(1) Lot width minimum.
(Code No. 1965,App.A.,Art.5(x); Ord.No.2414,2-7-
Manufactured home park 100 ft. 78;Ord.No.2603,2-19-80;Ord.No.2621,4-1-80;Ord.
Lot within a manufactured 50 ft. No. 1747, 6-29-70; Code 1991, §160.041; Ord. No.
home park 4100,§2(Ex.A),6-16-98;Ord.No.4178,8-31-99;Ord.
Single-family 60 ft. 4726,7-19-05;Ord.4943, 11-07-06;Ord.5079, 11-20-
Two-family 60 ft. 07; Ord. 5195, 11-6-08; Ord.5224, 3-3-09)
Three or more 90 ft. 161.18 District C-1, Neighborhood
(2) Lot area minimum. Commercial
Manufactured home park 3 acres (A) Purpose. The Neighborhood Commercial District
Lot within a manufactured 4,200 sq.ft. is designed primarily to provide convenience goods
home park and personal services for persons living in the
Townhouses:
surrounding residential areas.
Development 10,000 sq.ft. (B) Uses.
Individual lot 2,500 sq.ft.
Single-family 6,000 sq.ft. (1) Permitted uses.
Two-family 6,500 sq.ft.
Three or more 8,000 s .ft. Unit 1 City-wide uses by right
Fraternit or Sororit 1 acre Unit 5 Government Facilities
Unit 13 Eating laces
(3) Land area per dwelling unit. Unit 15 Neighborhood shopping
Unit 18 Gasoline service stations and drive-in
Manufactured home 3,000 s .ft. restaurants
Townhouses&apartments: Unit 25 Offices, studios, and related services
No bedroom 1,000 sq.ft.
One bedroom 1,000 sq.ft. (2) Conditional uses.
Two or more bedrooms 1,200 sq.ft.
Fraternity or Sorority 500 sq.ft. per Unit 2 City-wide uses b conditional use permit
resident Unit 3 Public rotection and utility facilities
(E) Setback regulations. Unit 4 Cultural and recreational facilities
Unit 16 Shopping oods
Front 15 ft Unit 34 -Liquor stores
Front, if parking is allowed between the 50 ft. Unit 35 Outdoor music establishments*
ri ht-of-wa and the lowedbuildiUnit 36 Wireless communications facilities*
Front, in the Hillside OverlayDistrict 15 ft.
Side 10 ft. Unit 40 Sidewalk Cafes
Unit 42 Clean technolo ies
Side,when contiguous to a residential 15 ft. C Density.district O t None.y
Side, n the Hillside Overlay District 8 ft (D) Bulk and area regulations. None.
Rear,without easement or aIle 25 ft.
Rear,from center line of public alley loft. (E) Setback regulations.
Rear, in the Hillside Overlay District 15 ft.
Front :Oft.
(F) Building height regulations. Side
Side,when contiguous to a
BuildingHeight Maximum 60 ft. residential district
Rear
Height regulations. Any building which exceeds
the height of 20 feet shall be set back from any (F) Height regulations. There shall be no maximum
side boundary line of an adjacent single family height limits in C-1 District,provided,however,that
district an additional distance of one foot for each any building which exceeds the height of 10 feet
foot of height in excess of 20 feet. shall be setback from any boundary line of any
EXHIBIT "A"
ADM 09-3502
Page 3 of 15
residential district a distance of one foot for each Unit 28 Center for collecting
foot of height in excess of 10 feet. recyclable materials
Unit 34 Liquor stores
(G) Building area. On any lot the area occupied by all Unit 35 Outdoor music establishments
buildings shall not exceed 40%of the total area of Unit 36 Wireless communication facilities`
such lot. Unit 40 Sidewalk Cafes
(Code 1965,App.A.,Art.5(V);Ord.No.2603,2-19-80; Unit 42 Clean technologies
Ord.No.1747,6-29-70;Code 1991,§160.035;Ord.No.
4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; (C) Density. None
Ord.5028,6-19-07; Ord. 5195, 11-6-08)
(D) Bulk and area regulations.
161.19 Community Services
(1) Lot width minimum.
(A) Purpose. The Community Services district is
designed primarily to provide convenience goods DwellinA 18 ft.
and personal services for persons living in the All others None
surrounding residential areas and is intended to
provide for adaptable mixed use centers located (2) Lot area minimum. None
along commercial corridors that connect denser
development nodes. There is a mixture of (E) Setback regulations.
residential and commercial uses in a traditional
urban form with buildings addressing the street. Front: The principal fagade of a
For the purposes of Chapter 96:Noise Control,the building shall be built
Community Services district is a commercial zone. within a build-to zone that
The intent of this zoning district is to provide is located between 10
standards that enable development to be approved feet and a line 25 feet
administratively. from the front property
line.
(B) Uses. Side and rear: None
Side or rear, when 15 feet
(1) Permitted uses. contiguous to a residential
district:
Unit 1 City-wide uses b right
Unit 4 Cultural and recreational facilities (F) Height regulations. Maximum height is 4 stories or
Unit 5 Government facilities 56 feet which ever is less.
Unit 8 Single-family dwellings
Unit 9 Two-family dwellings (G) Minimum buildable street frontage. 65%of the lot
Unit 10 Three-family dwellings width.
Unit 13 Eating laces
Unit 15 Neighborhood Shopping oods 161.20 District C-2,Thoroughfare
Unit 18 Gasoline service stations and drive-in Commercial
restaurants
Unit 24 Home occupations (A) Purpose. The Thoroughfare Commercial District is
Unit 25 Offices, studios and related services designed especially to encourage the functional
Unit 26 Multi-family dwellin s grouping of these commercial enterprises catering
primarily to highway travelers.
Note: Any combination of above uses is permitted
upon any lot within this zone. Conditional uses shall (B) Uses.
need approval when combined with pre-approved uses.
(1) Permitted uses.
(2) Conditional uses.
Unit 1 City-wide uses by right
Unit 2 City-wide uses by Unit 4 Cultural and recreational facilities
conditional use permit Unit 5 Government Facilities
Unit 3 Public protection and utility facilities Unit 13 Eating laces
Unit 14 Hotel, motel and amusement Unit 14 Hotel, motel,and amusement facilities
services Unit 16 Shopping oods
Unit 16 Shopping oods Unit 17 Transportation trades and services
Unit 17 Transportation,trades and services Unit 18 Gasoline service stations & drive-in
Unit 19 Commercial recreation, small sites restaurants
EXHIBIT "A"
ADM 09-3502
Page 4 of 15
Unit 19 Commercial recreation,small sites commercial uses is permitted.Forthe purposes of
Unit 20 Commercial recreation, large sites Chapter 96: Noise Control, the Urban
Unit 25 Offices, studios,and related services Thoroughfare district is a commercial zone. The
Unit 33 Adult live entertainment club or bar intent of this zoning district is to provide standards
Unit 34 Liquor store that enable development to be approved
administratively.
(2) Conditional uses. (B) Uses.
Unit 2 City-wide uses by conditional use permit (1) Permitted uses
Unit 3 Public protection and utility facilities
Unit 21 Warehousing and wholesale Unit 1 City-wide uses by right
Unit 28 Center for collecting recyclable materials Unit 4 Cultural and recreational facilities
Unit 29 Dance Halls Unit 5 Government facilities
Unit 32 Sexually oriented business Unit 8 Single-family dwellings
Unit 35 Outdoor music establishments Unit 9 Two-family dwellings
Unit 36 Wireless communications facilities Unit 10 Three-family dwellings
Unit 38 Mini-stora a units Unit 13 Eatinglaces
Unit 40 Sidewalk Cafes Unit 14 Hotel, motel and amusement services
Unit 42 1 Clean technologies Unit 16 Shopping oods
Unit 17 Transportation trades and services
(C) Density. None. Unit 18 Gasoline service stations and drive-in
restaurants
(D) Bulk and area regulations. None. Unit 19 Commercial recreation, small sites
Unit 24 Home occupations
(E) Setback regulations. Unit 25 Offices, studios,and related services
Unit 26 Multi-family dwellings
Front 50 ft. Unit 34 Li uor store
Side None Unit 41 Accesso Dwellings
Side,when contiguous to 15 ft.
a residential district Note: Any combination of above uses is permitted
Rear 20 ft. upon any lot within this zone. Conditional uses shall
need approval when combined with pre-approved uses.
(F) Height regulations. In District C-2 any building
which exceeds the height of 20 feet shall be set (2) Conditional uses
back from any boundary line of any residential
district a distance of one foot for each foot of height Unit 2 City-wide uses by conditional use permit
in excess of 20 feet. No building shall exceed six Unit 3 Public protection and utility facilities
stories or 75 feet in height. Unit 20 Commercial recreation, large sites
Unit 21 Warehousing and wholesale
(G) Building area. On any lot,the area occupied by all Unit 28 Center for collecting recyclable materials
buildings shall not exceed 60%of the total area of Unit 29 Dance halls
such lot. Unit 33 Adult live entertainment club or bar
(Code 1965,App.A.,Art.5(VI);Ord.No.1833,11-1-71; Unit 35 Outdoor music establishments
Ord. No. 2351, 6-2-77; Ord. No. 2603, 2-19-80; Ord. Unit 36 Wireless communication facilities
No. 1747, 6-29-70; Code 1991, §160.036; Ord. No. Unit 38 Mini-stora a units
4034, §3,4,4-15-97; Ord. No. 4100,§2 (Ex.A), 6-16- 11 Unit 40 1 Sidewalk cafes
98; Ord. No. 4178, 8-31-99; Ord. 4727, 7-19-05; Ord. 11 Unit 42 1 Clean technolo ies
4992,3-06-07;Ord.5028,6-19-07;Ord.5195,11-6-08)
(C) Density. None
161.21 Urban Thoroughfare
(D) Bulk and area regulations.
(A) Purpose. The Urban Thoroughfare District is
designed to provide goods and services for (1) Lot width minimum
persons living in the surrounding communities.
This district encourages a concentration of Sinqle-family dwelling 18 feet
commercial and mixed use development that 11 All other dwellings None
enhances function and appearance along major 11 Non-residential None
thoroughfares.Automobile-oriented development is
prevalent within this district and a wide range of
EXHIBIT "A"
ADM 09-3502
Page 5 of 15
(2) Lot area minimum
None (2) Conditional uses.
(E) Setback regulations. Unit 2 City-wide uses by conditional use
permit
Front: The principal facade of a Unit 3 Public protection and utility facilities
building shall be built Unit 17 Transportation trades and services
within a build-to zone that Unit 28 Center for collecting recyclable
is located between 10 materials
feet and a line 25 feet Unit 29 Dance Halls
from the front property Unit 35 Outdoor music establishments
line.
Side and rear: None Unit 36 Wireless communications facilities
Side or rear, when 15 feet Unit 40 Sidewalk Cafes
contiguous to a residential Unit 42 Clean technologies
district:
(C) Density. None.
(F) Height regulations.A building or a portion of a (D) Bulk and area regulations. None
building that is closer than 15 feet from the
front property line shall have a maximum (E) Setback regulations.
height of 4 stories or 56 feet, whichever is
less.A building or portion of a building that is Central
located 15 feet or greater from the front Business Shopping
property line or the Master Street Plan right-of- District Center
way shall have a maximum height of 6 stories Front 5 ft. 25 ft.
or 84 feet,whichever is less.Any building that Front, if parking
exceeds the height of 20 feet shall be set back is allowed
from any boundary line of a single-family between the
residential district, an additional distance of right-of-way and
one foot for each foot of height in excess of 20 the building 50 ft. 50 ft.
feet. Side None None
Side,when
(G) Minimum buildable street frontage.50%of the contiguous to a
lot width. residential
district 10 ft. 25 ft.
161.22 District C-3, Central Commercial Rear,without
easement or
(A) Purpose. The Central Commercial District is alley 5 ft. 25 ft.
designed to accommodate the commercial and Rear,from
related uses commonly found in the central center line of a
business district, or regional shopping centers Lipublic alley loft. 10 ft. 7:1
which provide a wide range of retail and personal
service uses. (F) Height regulations. Maximum height is six stories
or 84 feet whichever is less. Above four stories,
(B) Uses. there shall be a stepback of the building's principal
facade of at least fifteen feet. The height shall be
(1) Permitted uses. measured from the mean elevation of the finished
grade or sidewalk at the frontage line,whichever is
Unit 1 Cit -wide uses by right higher, to the eave of the roof or cornice for a
Unit 4 Cultural and recreational facilities building with a parapet.
Unit 5 Government facilities (Code 1965,App.A.,Art. 5(VII); Ord. No. 2351,6-21-
Unit 13 Eating laces 77; Ord. No. 2603, 2-19-80; Ord. No. 1747, 6-29-70;
Unit 14 Hotel,motel, and amusement facilities Code 1991,§160.037;Ord. No.4100,§2(Ex.A),6-16-
Unit 16 Shopping oods 98; Ord. No.4178, 8-31-99;Ord.4727,7-19-05;4863,
Unit 18 Gasoline service stations&drive-in 5-02-06;Ord.5028, 6-19-07;Ord.5195, 11-6-08)
restaurants
Unit 19 Commercial recreation, small sites
Unit 25 Offices, studios,and related services
Unit 26 Multi-family dwellings
Unit 34 Liquor stores
EXHIBIT "A"
ADM 09-3502
Page 6 of 15
161.23 Downtown Core Side None
Rear 5 ft.
(A) Purpose. Development is most intense, and land
use is densest in this zone.The downtown core is Rear,from center line 12 ft.
designed to accommodate the commercial,office, of an aIle
governmental,and related uses commonly found in
the central downtown area which provides a wide (F) Minimum buildable street frontage. 80% of lot
range of retail, financial, professional office, and width.
governmental office uses. For the purposes of
Chapter 96: Noise Control, the Downtown Core (G) Height regulations. Maximum height is 12 stories
district is a commercial zone. or 168 feet which ever is less.
(B) Uses. (Ord.5028,6-19-07;Ord.5029,6-19-07;Ord.5195,11-
6-08)
(1) Permitted uses.
Unit 1 City-wide uses by right 161.24 Main Street/Center
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities (A) Purpose.A greater range of uses is expected and
Unit 8 Single-family dwellings encouraged in the Main Street / Center. The
Unit 9 Two-family dwellings Centeris more spatially compact and is more likely
Unit 10 Three-family dwellings to have some attached buildings than Downtown
Unit 13 Eating laces General or Neighborhood Conservation.Multi-story
Unit 14 Hotel, motel,and amusement facilities buildings in the Center are well-suited to
Unit 16 ShODDing goods accommodate a mix of uses, such as apartments
Unit 17 Transportation trades and services or offices above shops. Lofts, livelwork units, and
Unit 19 Commercial recreation, small sites buildings designed forchanging uses overtime are
Unit 24 Home occupations appropriate for the Main Street/Center. The Center
Unit 25 Offices,studios, and related services is within walking distance of the surrounding,
Unit 26 Multi-family dwellings primarily residential areas. For the purposes of
Unit 34 Liquor stores Chapter 96: Noise Control,the Main Street Center
district is a commercial zone.
Note: Any combination of above uses is permitted (B) Uses.
upon any lot within this zone. Conditional uses shall
need approval when combined with pre-approved uses. (1) Permitted uses.
(2) Conditional uses. Unit 1 City-Wide uses by right
Unit 4 Cultural and recreational facilities
Unit 2 iCity-wide uses by conditional use Unit 5 Government facilities
permit Unit 8 Single-family dwellings
Unit 3 Public protection and utility facilities Unit 9 Two-family dwellings
Unit 29 Dance Halls Unit 10 Three-family dwellings
Unit 35 Outdoor music establishments Unit 13 Eating laces
Unit 36 Wireless communication facilities Unit 14 Hotel, motel,and amusement
Unit 40 Sidewalk Cafes facilities
Unit 42 Clean technolo ies Unit 16 Shoppin goods
Unit 17 Transportation trades and services
(C) Density. None. Unit 19 Commercial recreation, small sites
(D) Bulk and area regulations. None. Unit 24 Home occu ations
Unit 25 Offices, studios,and related services
(E) Setback regulations. Unit 26 Multi-family dwellings
Unit 34 Liquor stores
Front The principal facade of
a building shall be built Note: Any combination of above uses is permitted
within a build-to zone upon any lot within this zone. Conditional uses shall
that is located between need approval when combined with pre-approved uses.
the front property line
and a line 25 ft.from (2) Conditional uses.
the front property line.
EXHIBIT "A"
ADM 09-3502
Page 7 of 15
Unit 2 City-wide uses by conditional use the neighborhood that are not categorized as
ermit identifiable centers, yet are more intense in use
Unit 3 Public protection and utility facilities than Neighborhood Conservation. There is a
Unit 18 Gasoline services stations and drive mixture of single-family homes, rowhouses,
in restaurants apartments,and live/work units. Activities include
Unit 28 Center for collecting recyclable a flexible and dynamic range of uses,from public
materials open spaces to less intense residential
Unit 29 Dance halls development and businesses.For the purposes of
Unit 35 Outdoor music establishments Chapter 96:Noise Control,the Downtown General
Unit 36 Wireless communication facilities district is a residential zone.
Unit 40 Sidewalk Cafes (g) Uses.
Unit 42 Clean technologies
(1) Permitted uses.
(C) Density. None.
Unit 1 Cit -wide uses by right
(D) Bulk and area regulations. Unit 4 Cultural and recreational facilities
(1) Lot width minimum. Unit 5 Government facilities
Unit 8 Single-family dwellings
Unit 9 Two-family dwellings Dwellin all unit t es 18 ft. Unit 10 Three-family dwellings
(2) Lot area minimum. None. Unit 13 Eatin laces
Unit 15 Neighborhood shopping goods
(E) Setback regulations. Unit 24 Home occupations
Unit 25 Offices, studios, and related services
Front The principal facade Unit 26 Multi-famil dwellin s
of a building shall be
built within a build-to Note: Any combination of above uses is permitted
zone that is located upon any lot within this zone. Conditional uses shall
between the front need approval when combined with pre-approved uses.
property line and a
line 25 ft.from the (2) Conditional uses.
front property line.
Side None Unit 2 City-wide uses by
Rear 5 ft. conditional use permit
Unit 3 Public protection and utility facilities
Rear,from center line of 12 ft. Unit 14 Hotel, motel and amusement services
an all Unit 16 Shopping oods
Unit 17 Transportation trades and services
(F) Minimum buildable street frontage. 75% of lot Unit 19 Commercial recreation, small sites
width. Unit 28 Center for collecting
recyclable materials
(G) Height Regulations. A building or a portion of a Unit 36 Wireless communication facilities
building that is located between 0 and 15 feet from
the front property line or any master street plan Unit 40 1 Sidewalk Cafes
right-of-way line shall have a maximum height of 4
stories or 56 feet,whichever is less.A building or a (C) Density. None
portion of a building that is located 15 feet or
greater from the front property line or any master (D) Bulk and area regulations.
street plan right-of-way line shall have a maximum
height of 6 stories or 84 feet,which ever is less. (1) Lot width minimum.
(Ord.5028,6-19-07;Ord.5029,6-19-07;Ord.5042,8- Dwelling all unit types) 18 ft.
07-07; Ord. 5195, 11-6-08)
161.25 Downtown General. (2) Lot area minimum. None.
(A) Purpose. Downtown General is a flexible zone, (E) Setback regulations.
and it is not limited to the concentrated mix of uses Front The principal facade of
found in the Downtown Core or Main Street / a building shall be built
Center. Downtown General includes properties in
EXHIBIT "A"
ADM 09-3502
Page 8 of 15
within a build-to zone
that is located between Sin le Family 40 ft.
the front property line Two Family 80 ft.
and a line 25 ft.from 11 Three Family 90 ft.
the front property line.
Side None (2) Lot area minimum.4,000 Sq. Ft.
Rear 5 ft.
(E) Setback regulations.
Rear, from center line 12 ft.
of an aIle Front The principal fagade of
a building shall be built
(F) Minimum buildable street frontage. 50% of lot within a build-to zone
width. that is located between
the front property line
(G) Height regulations. Maximum height is 4 stories or and a line 25 ft.from
56 feet which ever is less. the front property line.
ft.
(Ord.5028,6-19-07; Ord. 5029,6-19-07) Side 5 Rear 5 fZ
Rear,from center line 12 ft.
161.26 Neighborhood Conservation of an aIle
(A) Purpose. The Neighborhood Conservation zone (F) Minimum buildable street frontage. 40% of lot
has the least activity and a lower density than the width.
other zones. Although Neighborhood
Conservation is the most purely residential zone,it (G) Height regulations. Maximum height is 3 stories or
can have some mix of uses, such as civic 45 feet which ever is less.
buildings. Neighborhood Conservation serves to
promote and protect neighborhood character. For (Ord.5128,4-15-08
the purposes of Chapter 96: Noise Control, the
Neighborhood Conservation district is a residential 161.27 District 1-1, Heavy Commercial
zone. And Light Industrial
(B) Uses. (A) Purpose. The Heavy Commercial District is
(1) Permitted uses. designed primarily to accommodate certain
commercial and light industrial uses which are
Unit 1 Cit -wide uses b right compatible with one another but are inappropriate
Unit 8 Sin le- IV
dwellings in other commercial or industrial districts. The
Light Industrial District is designed to group
Unit 9 1 Two-family dwellings together a wide range of industrial uses,which do
Unit 41 Accessory dwellin s not produce objectionable environmental
influences in their operation and appearance. The
(2) Conditional uses. regulations of this district are intended to provide a
degree of compatibility between uses permitted in
Unit 2 City-wide uses by this district and those in nearby residential districts.
conditional use ermit
Unit 3 Public protection and utility facilities (B) Uses.
Unit 4 Cultural and recreational facilities
Unit 10 Three-family dwellings (1) Permitted uses.
Unit 12 Limited Business
Unit 24 Home occupations Unit 1 Cit -wide uses by right
Unit 25 Offices, studios, and related services Unit 3 Public protection and utility facilities
Unit 28 Center for collecting Unit 4 Cultural and recreational facilities
recyclable materials Unit 5 Government Facilities
Unit 36 Wireless communication facilities Unit 6 Agriculture
Unit 13 Eating laces
(C) Density. 10 Units Per Acre. Unit 17 Transportation trades and services
Unit 18 Gasoline service stations&drive-in
(D) Bulk and area regulations. 1 restaurants
Unit 21 Warehousing and wholesale
(1) Lot width minimum. I Unit 22 1 Manufacturin
EXHIBIT "A"
ADM 09-3502
Page 9 of 15
Unit 25 Offices, studios and related services restaurants
Unit 27 Wholesale bulk petroleum storage Unit 20 Commercial recreation, large sites
facilities with underground storage tanks Unit 21 Warehousing and wholesale
Unit 42 Clean technologies Unit 22 Manufacturing
Unit 23 Heavy industrial
(2) Conditional uses. Unit 25 Offices,studios, and related services
Unit 28 Center for collecting recyclable materials
Unit 2 Cit -wide uses by conditional use ermit Unit 42 Clean technologies
Unit 19 Commercial recreation, small sites
Unit 20 Commercial recreation, large sites (2) Conditional uses.
Unit 28 Center for collecting recyclable materials
Unit 36 Wireless communications facilities Unit 2 City-wide uses by conditional useermit
Unit 38 Mini-storage units Unit 31 Facilities emitting odors and facilities
handling explosives.
(C) Density. None. Unit 36 Wireless communications facilities
Unit 38 Mini-storage Units
(D) Bulk and area regulations. None. Unit 39 Auto salvage and'unk yards
(E) Setback regulations. (C) Density. None.
Front,when adjoining A or R districts 50 ft. (D) Bulk and area regulations. None.
Front,when adjoining C, I, or P districts 25 ft.
Side,when adjoining A or R districts 50 ft. (E) Setback regulations.
Side,when adjoining C, I, or P districts 10 ft.
Rear,when adjoining C, I, or P districts 10 ft. Front, when adjoining A
or R districts 100 ft.
(F) Height regulations. There shall be no maximum Front,when adjoining C,
height limits in 1-1 District,provided, however,that I ,when adjoining A or
any building which exceeds the height of 25 feet Side,ddistricts 50 ft.
shall be set back from any boundary line of any R districts 50 ft.
residential district a distance of one foot for each Side,when adjoining C, I
foot of height in excess of 25 feet. or P districts 25 ft.
(G) Building area. None. Rear 1 25 ft.
(Code 1965,App.A.,Art.5(VI11);Ord.No.2351,6-2-77; (F) Height regulations. There shall be no maximum
Ord. No. 2430, 3-21-78; Ord. No. 2516, 4-3-79; Ord. height limits in 1-2 Districts,provided,however,that
No. 1747, 6-29-70; Code 1991, §160.039; Ord. No. any building which exceeds the height of 25 feet
4100,§2(Ex.A),6-16-98;Ord.No.4178,8-31-99;Ord. shall be setback from any boundary line of any
4992,3-06-07;Ord.5028,6-19-07;Ord.5195,11-6-08) residential district a distance of one foot for each
foot of height in excess of 25 feet.
161.28 District 1-2, General Industrial
(G) Building area. None.
(A) Purpose. The General Industrial District is
designed to provide areas for manufacturing and (Code 1965,App.A.,Art.5(IX);Ord.No.2351,6-21-77;
industrial activities which may give rise to Ord. No. 2516, 4-3-79; Ord. No. 1747, 6-29-70; Code
substantial environment nuisances, which are 1991, §160.040; Ord. No. 3971, §2, 5-21-96; Ord. No.
objectionable to residential and business use. 4100,§2(Ex.A),6-16-98;Ord.No.4178,8-31-99;Ord.
4992,3-06-07;Ord.5028,6-19-07;Ord.5195,11-6-08)
(B) Uses.
161.29 District P-1, Institutional
(1) Permitted uses.
(A) Purpose. The Institutional District is designed to
Unit 1 City-wide uses by right protect and facilitate use of property owned by
Unit 3 Public protection and utility facilities larger public institutions and church related
Unit 5 Government Facilities organizations.
Unit 6 Agriculture (B) Uses.
Unit 7 Animal husbandry
Unit 18 Gasoline service stations&drive-in (1) Permitted uses.
EXHIBIT "A"
ADM 09-3502
Page 10 of 15
Unit 1 City-wide uses by right (2) Conditional uses.
Unit 4 Cultural and recreational facilities
11 Unit 5 1 Government facilities Unit 2 City-wide uses by conditional use ermit
(2) Conditional uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 26
Multi -family dwellings
Unit 36
Wireless communications facilities
Unit 42
Clean technologies
(C) Density. None.
(D) Bulk and area regulations. None.
(E) Setback regulations.
Front
30 ft.
Front, if parking is allowed between the
right-of-way and the building
50 ft.
Side
20 ft.
Side, when contiguous to a residential
district
25 ft.
Rear
25 ft.
Rear, from center line of public alley
10 ft.
(F) Height regulations. There shall be no maximum
height limits in P-1 Districts, provided, however,
that any building which exceeds the height of 20
feet shall be set back from any boundary line of
any residential district a 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 1965, App. A., Art. 5(XI); Ord. No. 2603; Ord. No.
2603, 2-19-80; Ord. No. 2621, 4-1-80; Ord. No. 1747,6-
29-70; Code 1991, §160.042; Ord. No. 4100, §2 (Ex.
A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. 5073, 11-06-
07; Ord. 5195, 11-6-08)
161.30 District E-1, Extraction
(A) Purpose. The Extraction District is designed to
provide areas for the commercial removal of
natural accumulations of sand, clay, silt, gravel,
rock, and any mineral where such removal may
cause groundwater problems, noise, dust, traffic
problems, erosion, and safety concerns.
(B) Uses.
(1) Permitted uses.
Unit 1 FCit -wide uses by right
11 Unit 30 1 Extractive uses
(C) Density. None.
(D) Bulk and area regulations.
(1) Lot width minimum.
Lot width The proposed development shall
minimum have at least 200 feet of frontage
on a state road or other adequate
means of access compatible with
sound land use planning
principles.
(2) Lot area minimum.
Lot area 10 acres
minimum
(E) Setback regulations.
From all property lines
(including street frontage)
200 ft.
when contiguous to all R
districts
From all property lines
(including street frontage)
100 ft.
when contiguous to P, A,
C, and I districts
(Code 1991, §160.047; Ord. No. 3546, 4-16-91; Ord.
No. 4100, §2 (Ex. A), 6-16-98, Ord. No. 4178, 8-31-99)
161.31 Design Overlay District (1-540
Highway Corridor)
(A) Purpose. The purpose of establishing a Design
Overlay District for the 1-540 Highway Corridor is
as follows:
(1) To protect and enhance the distinctive scenic
quality of the 1-540 Highway Corridor by
providing for nonresidential developments
which will maximize preservation and
enhancement of the natural, rural, and open
character of the terrain and foliage.
(2) To address the issues of traffic and safety.
(3) To address environmental concerns which
include, but are not limited to, soil erosion,
vegetation preservation, drainage and heat
islands.
(4) To preserve and enhance the economic value
and viability of property within and near the
EXHIBIT "A"
ADM 09-3502
Page 11 of 15
Overlay District for the 1-540 Highway
highway.
Corridor.
(4) Building material. Buildings shall be
(B) Overlay District boundaries. The Overlay District
constructed of wood, masonry, or natural
encompasses all lands lying within 660 feet of
looking materials. No structures shall be
each side of the right-of-way of 1-540 from the
allowed that have metal side walls UNLESS
intersection of I-540 and State Highway 471 (a/k/a
such metal siding is similar in appearance to
71 B) north to the city limits of Fayetteville, (a/k/a
wood, masonry, or natural looking material.
the 71 Bypass and/or John Paul Hammerschmidt
Expressway), and also that portion known as State
(5) Site coverage. Twenty-five percent (25%) of
Highway 471 S described more fully as that portion
the site shall be left in open space. Eighty
of State Highway 471 which connects 1-540 to
percent (80%) of the open space shall be
State Highway 471 (a/k/a North College) and all
landscaped which may include ponds and
future extensions of 1-540 within the City of
fountains.
Fayetteville. Said boundaries are set out on the
official plat pages along with a legal description of
(6) Optional fencing. All fencing shall be
such boundaries located in the Planning Division.
constructed of wood, masonry, or natural
looking materials. No optional fencing shall
(C) Application of Overlay District: Regulations and
be located within the greenspace required by
standards. The regulations and standards
Section (D)(1). No metal fencing shall be
contained herein shall apply to all nonresidential
allowed except in the following cases:
properties, (including, but not limited to new
development), located within the Overlay District
(a) Wrought iron fencing.
boundaries. Such regulations and standards shall
be in addition to and shall overlay all other
(b) If other types of metal fencing are
ordinance regulations and standards, including, but
necessary, for security purposes, they
not limited to nonresidential zoning district and
may be used if the area is first fenced off
signage regulations and standards. Should the
with a view obscuring natural or natural
regulations and standards of the underlying and
looking fencing material. The metal
Overlay District conflict, the Overlay District
fencing shall be placed inside the view
regulations and standards shall control.
obscuring fencing, and the view
obscuring fencing shall be at least the
(D) Nonresidential site design and development
height of the metal fencing.
standards.
(1) Greenspace. A minimum of 25 feet of
landscaped greenspace exclusive of right -of-
J ?r
way shall be provided along the highway right-
of-way and any public street to which the
development has frontage. Parking lots shall
not encroach into the greenspace and shall be
screened when abutting a required
greenspace area. Trees shall be planted at
the interval of one tree 30 linear feet of
Sec ray Fence I AestneticFence
aarun9 Lot # 4- strut
per
greenspace area when practicable.
renc 4
(2) Signs
(7) Outdoor storage of material and equipment.
(a) The only permitted free standing signs
All outdoor storage of material and equipment
shall be screened with natural vegetation.
shall be monument signs. Only indirect
lighting may be used for illumination of all
(g) Access.
signs.
(b) All signs shall otherwise comply with
(a) Multi -modal. Multi -modal access may be
Chapter 174 Signs and any variance shall
required on nonresidential sites within the
be considered pursuant to § 156.06 of the
Design Overlay District. (For example:
Unified Development Code.
The provision of bus stops, bicycle racks,
parking stalls for car pools, and bicycle
(3) Exterior appearance. All structures shall be
and pedestrian walks and trails).
architecturally designed to have front facades
facing all street and highway right-of-way. An
elevation drawing shall be submitted for each
side of the building that faces a street or
EXHIBIT "A"
ADM 09-3502
Page 12 of 15
Bike
us Stop Sidewalk
Multi -modal Access
Sidewalk or Trail
1 f --Commercial
Residential
G 1 0 10t7DID)
Pedestrian Pedestrian Linkages to Different Zones
(E) Nonresidential developments and multiple building
sites. In the case of nonresidential development
involving multiple building sites, whether on one or
more platted lots, the above -described regulations
shall apply to the development as an entire tract
rather than to each platted lot.
(F) Exemptions.
(1) Undeveloped or partially developed lots in
nonresidential subdivisions lying within the
Design Overlay District for 1-540 Highway
Corridor which have received preliminary or
final approval as nonresidential subdivision
prior to June 28, 1994, are hereby exempt
from compliance with Ordinance No. 3806 (§
161.21).
(2) Owners of lots within nonresidential
subdivisions which obtained preliminary or
final approval as nonresidential subdivisions
prior to June 28, 1994, and not included in the
specifically exempted properties may apply for
an exemption to the Fayetteville Zoning and
Development Administrator. The Zoning and
Development Administrator shall respond to
the application in writing within 10 working
days of the receipt of the application.
(3) Completed development upon property
subject to such exemption not in compliance
with the standards set forth in Ordinance No.
3806 (§ 161.21) shall be considered pre-
existing conforming structures.
(4) Nothing contained herein shall limit or prohibit
property owners from utilizing the variance
provisions contained in Ordinance No. 3806 (§
161.21).
(Code 1991, §160.048; Ord. No. 3821, §1, 3-5,8-9-94;
Ord. No. 38-06, 6-28-94; Ord. No. 4100, §2 (Ex. A), 6-
16-98; Ord. No. 4128, §1, 12-15-98; Ord. 4725, 7-19-
05; Ord. 4784, 10-18-05)
Cross reference(s)--Appeals, Ch. 155;
Variances, Ch. 156.
161.32 Planned Zoning District
(A) Purpose. The intent of the Planned Zoning District
is to permit and encourage comprehensively
planned developments whose purpose is
redevelopment, economic development, cultural
enrichment or to provide a single -purpose or
mixed -use planned development and to permit the
combination of development and zoning review into
a simultaneous process. The rezoning of property
to the PZD may be deemed appropriate if the
development proposed for the district can
accomplish one or more of the following goals.
(1) Flexibility. Providing for flexibility in the
distribution of land uses, in the density of
development and in other matters typically
regulated in zoning districts.
(2) Compatibility. Providing for compatibility with
the surrounding land uses.
(3) Harmony. Providing for an orderly and
creative arrangement of land uses that are
harmonious and beneficial to the community.
(4) Variety. Providing for a variety of housing
types, employment opportunities or
commercial or industrial services, or any
combination thereof, to achieve variety and
integration of economic and redevelopment
opportunities.
(5) No negative impact. Does not have a
negative effect upon the future development of
the area;
(6) Coordination. Permit coordination and
planning of the land surrounding the PZD and
cooperation between the city and private
developers in the urbanization of new lands
EXHIBIT "A"
ADM 09-3502
Page 13 of 15
and in the renewal of existing deteriorating
incompatibilities, heavy traffic and
areas.
congestion, and excessive demands on
planned and existing public facilities.
(7) Open space. Provision of more usable and
suitably located open space, recreation areas
(d) To provide a means of developing areas
and other common facilities that would not
with special physical features to enhance
otherwise be required under conventional land
natural beauty and other attributes.
development regulations.
(a) To encourage the efficient use of those
(8) Natural features. Maximum enhancement and
public facilities required in connection
minimal disruption of existing natural features
with new residential development.
and amenities.
(2) All permitted uses identified within §162 Use
Units of the Unified Development Code shall
(9) General Plan. Comprehensive and innovative
be allowed as permissible uses, unless
planning and design of mixed use yet
otherwise specified, subject to City Council
harmonious developments consistent with the
approval of the Planned Zoning District
guiding policies of the General Plan.
request.
(10)Special Features. Better utilization of sites
(3) Condition. In no instance shall the residential
characterized by special features of
use area be less than fifty-one percent (51 %)
geographic location, topography, size or
of the gross floor area within the development.
shape.
(4) Conditional Uses. All conditional uses allowed
(B) Rezoning. Property may be rezoned to the
within (Residential, Commercial, Industrial)
Planned Zoning District by the City Council in
zoning Districts established in the Unified
accordance with the requirements of this chapter
Development Code shall be allowed with
and Chapter 166, Development. Each rezoning
Planning Commission approval, unless
parcel shall be described as a separate district,
otherwise specified, subject to the code
with distinct boundaries and specific design and
governing Conditional Use requests.
development standards. Each district shall be
assigned a project number or label, along with the
(D) C-PZD, Commercial Planned Zoning District
designation "PZD". The rezoning shall include the
adoption of a specific master development plan
(1) Purpose and intent. The C-PZD is intended to
and development standards.
accommodate mixed -use developments
containing any combination, including multiple
(C) R—PZD, Residential Planned Zoning District.
combinations of commercial, office or
residential uses in a carefully planned
(1) Purpose and intent. The R-PZD is intended to
configuration in such a manner as to protect
accommodate mixed -use or clustered
and enhance the availability of each
residential developments and to
independent use. The C-PZD is also intended
accommodate single -use residential
to accommodate single use commercial
developments that are determined to be more
developments that are determined to be more
appropriate for a PZD application than a
appropriate for a PZD application than a
general residential rezone. The legislative
general commercial rezone. The legislative
purposes, intent, and application of this district
purposes, intent and application of this district
include, but are not limited to, the following:
include, but are not limited to, the following:
(a) To encourage a variety and flexibility in
(a) To encourage the clustering of
land development and land use for
commercial and office activities within
predominately residential areas,
areas specifically designated to
consistent with the city's General Plan
accommodate such uses and to
and the orderly development of the city.
discourage the proliferation of
commercial uses along major
(b) To provide a framework within which an
thoroughfares and noncommercial areas.
effective relationship of different land
uses and activities within a single
(b) To provide for orderly development in
development, or when considered with
order to minimize adverse impact on
abutting parcels of land, can be planned
surrounding areas and on the general
on a total basis.
flow of traffic.
(c) To provide a harmonious relationship with
(c) To encourage orderly and systematic
the surrounding development, minimizing
commercial, office or mixed use
such influences as land use
development design or a combination
EXHIBIT "A"
ADM 09-3502
Page 14 of 15
thereof, providing for the rational
placement of activities, vehicular and
pedestrian circulation, access and
egress, loading, landscaping and
buffering strips.
(d) To encourage commercial development
which is consistent with the city's General
Plan.
(e) To accommodate larger scale suburban
developments of mixed -uses in a
harmonious relationship.
(2) All permitted uses identified within §162 Use
Units of the Unified Development Code shall
be allowed as permissible uses, unless
otherwise specified, subject to City Council
approval of the Planned Zoning District
request.
(3) Conditions.
(a) In no instance shall the commercial or
office use area be less than fifty-one
percent (51 %) of the gross leaseable floor
area within the development.
(b) Residential uses must be appropriate to
the design of the project.
(c) Warehousing and light industrial uses
shall have a gross area per use that does
not exceed five thousand (6,000) square
feet and at least twenty percent (20%) of
the floor area used for retail sales.
(4) Conditional Uses. All conditional uses allowed
within (Residential, Commercial, Industrial)
zoning Districts established in the Unified (F)
Development Code shall be allowed with
Planning Commission approval, unless
otherwise specified, subject to the code
governing Conditional Use requests.
(E) I-PZD Industrial Planned Zoning District.
(1) Purpose and intent. The I-PZD is intended to
accommodate industrial parks and single use
industrial developments that are determined to
be more appropriate for a PZD application
than a general industrial rezone. The
legislative purpose, intent and application of
this district include, but are not limited to, the
following:
(a) To provide for manufacturing activities in a
manner compatible with the surrounding
area.
(b) To encourage the application of sound
planning and design principles in the
orderly development of industrial
activities.
(c) To maximize manufacturing potential
without adversely affecting the living
environment of the community.
(d) To encourage industrial development that
is consistent with the city's General Plan.
(2) All permitted uses identified within §162 Use
Units of the Unified Development Code shall
be allowed as permissible uses, unless
otherwise specified, subject to City Council
approval of the Planned Zoning District
request.
(3) Conditions.
(a) In no instance shall the industrial use
area be less than fifty-one percent (51 %)
of the gross leaseable floor area within
the development.
(b) Ancillary commercial and office uses shall
be compatible with the design and scale
of the project.
(c) Residential uses must be appropriate
to the scope and character of the
development.
(4) Conditional Uses. All conditional uses allowed
within (Residential, Commercial, Industrial)
zoning Districts established in the Unified
Development Code shall be allowed with
Planning Commission approval, unless
otherwise specified, subject to the code
governing Conditional Use requests.
Bulk and area regulations.
(1) Residential density. Residential densities
shall be determined on the basis of the
following considerations:
(a) The densities of surrounding
development;
(b) the densities allowed under the current
zoning;
(c) the urban development goals and other
policies of the city's General Plan;
(d) the topography and character of the
natural environment; and
(a) the impact of a given density on the
specific site and adjacent properties.
(2) Lot area and yard requirements. Taking into
consideration the unique aspects of each
project, preliminary development plans for
EXHIBIT "A"
ADM 09-3502
Page 15 of 15
Planned Zoning Districts shall conform as
closely as possible to the existing standards
for lot area minimums and setback
requirements under this chapter.
(3) Building height .There shall be no maximum
building height except as may be determined
by the Planning Commission during the review
of the preliminary development plan based on
the uses within the development and the
proximity of the development to existing or
prospective development on adjacent
properties. A lesser height may be established
by the Planning Commission when it is
deemed necessary to provide adequate light
and air to adjacent property and to protect the
visual quality of the community.
(4) Building area. The Planning Commission
shall review specific proposed lot coverages
which generally correspond to the guidelines
for lot coverage in the respective residential,
office, commercial or industrial district which
most depicts said development scheme.
(Ord. No. 4434, §1 (Ex. A), 11-19-02; Ord. 4717, 7-5-
05; Ord. 4764, 09-20-05; Ord. 4783, 10-18-05)
161.33-161.99 Reserved
(Ord. 4930, 10-03-06 repealed and re -adopted the
entire chapter)
EXHIBIT "B"
ADM 09-3502
Page 1 of 1
162.01 EstablishmenVUsting
(L) Unit 12. Limited business.'
(1) Description. Unit 12 consists of small-scale establishments offering commercial goods and services that are
accessible for the convenience of individuals living in residential districts, while compatible in size, scale and
appearance with the surrounding neighborhood. These uses shall be subject to the regulations in Chapter 164.
All uses classified under Unit 12 must be within a building containing 3,000 square feet or less.
(2) Included uses.
Personal Services:
-Day care
(Maximum gross floor
-Dry Cleaning
area of 1500 square
-Salon/Barber shop
feet)
-Tailoring
Specialized Retail:
-Antique/home decor
(Maximum gross floor
sales
area of2000 square
-Apparel
feet)
•ArUarchitectural
supplies
-Bakery, Pastry shops
-Bicycle Shops
-Book store
-Coffee shop
-Delicatessen
-Drugstore
-Food specialty stores
-Florist
-Grocery
-Hardware
-Health food store
-Hobby /Craft Stores
-Ice cream
•Meat Market
•RestaurantIcafe
-Small appliance repair
-Stationary Store
-Toy store
-Video rental
Professional Offices:
-Accountant
(Maximum gross floor
-Architect
area of 3000 square
-Attorney
feet)
-Broker
•Business/Mgmt
Consultant
-Doctor
-Dentist
-Engineer
-Insurance Sales
-interior Designer
-Optometrist
-Realtor
-Welfare aqencV
Studios for:
-Art
(Maximum gross floor
-Dance
area of 3000 square
-Music
feet)
-Photography
-Pottery
EXHIBIT "C"
ADM 09-3502
Page 1 of 2
162.01 Establishment/Listing
(0) Unit 15. Neighborhood shopping goods. (P) Unit 16. Shopping goods.
(1) Description. Unit 15 includes a variety of
frequently purchased commercial goods,
where convenience of location is more
important than comparative shopping. These
uses are grouped in limited areas while
prohibiting all others not necessary near the
residential districts. All uses classified under
Use Unit 15 must be within a building
containing 25,000 square feet or less.
(2) Included uses
Personal services
-Barber/Salon
-Dry cleaning
-Laundry facility
-Tailoring
Retail
-Apparel and
accessory -Bakery,
pastry shops
-Bicycle shop
-Bookstores
-Coffee shop
-Delicatessen
-Drugstore
-Electronics
-Florists
-Food specialty stores
-Furniture and Home
Decor
-Grocery
-Hardware store
-Health food store
-Hobby/craft shop
-Ice cream
-Jewelry/watch sales
and repair
-Meat market
-Music instruments
-News and magazine
stand
-Optical goods
-Petshop
-Photography Studio
-Picture framing
-Shoe store
-Sporting goods
-Stationary store
-Toy store
Video rental
Vehicular Sales (interior
-Automobile
display only)
-ATV/Motorcycle
•BoattPersonal
Watercraft PVC
(1) Description. Unit 16 consists of stores selling
retail goods which are ordinarily purchased
less frequently and often have a city-wide or
regional market.
(2) Included uses.
Neighborhood Shopping
All uses within Unit 15 are
Goods
also permitted within Unit
16, without restriction to
size
General Merchandise:
-Department store
-Mail order
Merchandise vending
-Sales and repair
machine operations
Home/Office:
-Appliances
.China,
glassware
-Draperies,
curtains
-Floor
coverings
-Furniture
Personal services:
-Animal daycare
-Animal hospital
-Auctioneer
-Bindery
-Body piercing
-Costume rental service
-Detective service
-Electrical repair service
-Furniture repair,
refinishing
-Gunsmith
-Interior decorating
-Linen supply and
industrial laundry
-Locksmith
-Office supplies
-Rug cleaning, repair
-Sign painting
-Tattoo and piercing
-Taxidermist
-Tool sharpening, repair
-Watch and jewelry repair
-Weight loss center
Retail
Apparel and accessory
Auto accessory store
-Boat and accessory store
-Dry goods
-Garden supply
EXHIBIT "C"
ADM 09-3502
Page 2 of 2
(Q) Unit 17. Transportation trades and services. (Y) Unit 25. Offices, studios and related services.
(1) Description. Unit 17 consists of
establishments engaged primarily in providing
vehicular sales, service and maintenance, and
similar services which fulfill recurrent needs of
residents of nearby areas, but are generally
incompatible with primary retail districts
because they break the continuity of retail
frontage. Uses also include those that require
transport of persons or materials on a regular
basis.
(2) Included uses.
Retail trade
-Automotive sales,
establishments, general:
-Body shops/garages
"Farm supplies and
equipment and repair
-Lawn equipment sales,
repair
Marine craft sales,
repair
Motorcycle sales, repair
-Truck sales
-Trailer, camping,
hauling, travel, sales
-Used car lots
Personal help:
-Auto wash
-Motor repair
-Packing and crating
Transportation service:
-Bus station
-Car rental
-Express service
•Helistop
-Railway terminal
Taxicab station
(1) Description. Unit 25 consists of offices,
studios, medical and dental labs, and other
supporting services and sales.
(2) Included uses.
Medical Clinic:
• Dental office/clinic
• Medical office/clinic
Professional
• Accountant
office:
• Architect
• Attorney
• Broker
• Engineer
• Realtor
Sale of supplies
• Architecture, drafting, and art
and equipment
supplies
• Office furnishings and supplies
• Medical, optical, and dental
supplies
• Scientific instruments
Services:
• Advertising agency
• Animal daycare (10 animals or
less)
• Auto parking garage
• Bail bonding agency
• Business or management
consultant
• Computing service
• Consultant
• Data processing service
• Drafting service
• Employment agency
• Financial institution
• Funeral home
•Insurance sales
• Interior decorator
• Photocopying or printing
• Social and welfare agencies
• Travel agency
• Veterinary small animal out-
patient clinic
Studios:
• Artist's studio
• Photography studio
• Studio for teaching any of the fine
or liberal arts
EXHIBIT "D"
ADM 09-3502
Page 1 of I
164.21 Limited Business
(A) Purpose. These regulations are intended to
mitigate the potential adverse impacts associated
with commercial uses adjacent to or within
residential areas by allowing limited neighborhood
commercial uses that are compatible in size, scale,
massing and residential appearancewith adjoining
and surrounding residential uses. The following
standards shall apply:
(1) Enhance and regulate the appearance of
neighborhood commercial uses.
(2) New structures located within a residential
zoning district shall incorporate design
elements similar to and compatible with those
found within the neighborhood, including
materials, roof pitch, scale, etc.
(3) New parking areas or lots, utility equipment
and trash enclosures shall be designed to
have minimal visual impact to adjacent
property owners and to the street. Screening
of these elements shall be accomplished with
plantings, walls, architectural elements, and/or
fencing.
(2) Protect adjoining properties from the potential (4) One wall sign shall be allowed with a
adverse impacts associated with commercial maximum area of eight square feet. The color
uses adjacent to residences such as traffic, of the sign shall be compatible with the colors
noise, appearance, lighting, drainage, and of the structure, and only indirect external
effect on property values. lighting is permitted.
(3) Provide areas for off-street parking that will be
appropriate in size, location and scale within
residential areas.
(4) Provide commercial uses that are accessible
for the convenience of individuals living in
residential districts.
(5) Reduce the length and number of vehicle trips
generated by residential development.
(B) Applicability. These standards shall apply to all
conditional use requests for Use Unit 12, Limited
Business, in any zoning district.
(C) Similar Uses Allowed. When a use is not
specifically listed as a permitted use in Use Unit 12
(Limited Business), the use may be permitted if it is
determined by the Zoning and Development
Administrator that the use is similar to other uses
listed. In determining "similarity," the Zoning and
Development Administrator shall make all of the
following findings:
(1) The proposed use meets the purpose of this
section and the goals and policies of the
Comprehensive Land Use Plan.
(2) The proposed use shall not adversely impact
the public health, safety and general welfare
of the neighboring residents;
(3) The proposed use shall be similar to the uses
listed above considering use intensity and
characteristics.
(D) Conditions for Approval. The uses listed may be
allowed as a permitted use and shall meet the
following conditions:
(1) The proposed use shall not adversely affect
local traffic conditions on the adjoining streets.
(5) Hours of operation shall be limited to Sunday
through Thursday, 6am to 9pm, and Friday
and Saturday, 6am to 11 pm, unless otherwise
further determined by the Planning
Commission.
(6) All new or enlarged structures shall comply
with the zoning requirements of the underlying
district.
(E) Design Review. The applicant shall submit the
following information to the Planning Division for
review, where applicable:
(1) A site plan drawn to scale showing location of
parking, building footprint, and all other
improvements.
(2) Color elevation drawings of all sides of the
structure, indicating the type of materials to be
used on the exterior of the building, and
proposed sign.
(3) Landscape plan showing the location of all
proposed landscaping, size and species of
plant material.
(4) Abbreviated tree preservation plan.
EXHIBIT "E"
ADM 09-3502
Pagel of 3
166.24 Nonresidential Design Standards
(A) Purpose. It is the intent of these standards to
provide the methods and means by which
designers and developers may achieve the
City's adopted goals to produce quality
development and to manage growth within the
City of Fayetteville. These regulations
complement the City's urban zoning districts
with site and architectural design regulations
to produce a visually interesting and high
quality development that responds to the
needs of pedestrians, cyclists and vehicular
traffic.
(B) Applicability. These design standards shall be
required to be met for properties that lie within
urban zoning districts offering administrative
approval. In addition to the City's Commercial
Design and Development Standards, the
standards apply when either new development
occurs or expansion of 25% or more of the
existing nonresidential building square footage
occurs. All sides of a building that are visible
from the public right-of-way shall be subject to
design review.
(C) General intent. The following shall apply to all
developments:
(1) Developments with multiple buildings
should be arranged to enclose and define
space in the public realm (see Image 1).
Image 1: Development forth
ti—
:11 I 1 i y ; ...
4—
4 z d{x
p
R :y
Figure 1: Encouraged Figure 2: Discouraged
compact and connected sprawling, disconnected
development form with development form with
buildings arranged to define parking surrounding the
the street and enclose building.
internal Parking lots.
(2) Multiple buildings located on the same lot
should be articulated distinctly and
separately so as to not provide an
identical building on the same lot.
(3) New construction should show respect for
horizontal articulation established by
existing buildings within the immediate
area.
(4) Application of building material and
facade articulation of the building wall
should encourage design, reinforce
rhythm, increase visual impact, and
create pedestrian interest.
(D) Building mass, scale, and articulation. The
following regulations shall apply to breakdown
the mass of large structures:
(1) Structures shall not exceed 200 feet in
length adjacent to the street, within a
build -to -zone.
(2) The mass of a building exceeding 100
feet in length shall be delineated into no
more than 40-foot-wide segments utilizing
changes in height and depth of the wall
plane of no less than 24 inches.
Image 2: Treatment of building mass
lti V
Single mass not permitted Delineate building mass
(3) No less than 70% of the building length
shall be broken into a minimum of two (2)
horizontal shifts in material, texture,
and/or wall plane to provide distinction
between segments (see Image 3)
(a) The middle segment shall be of
greater height than the bottom and
top segments.
Image 3: Divide buildings
into segments
(4) Buildings shall be constructed with high
quality building materials. The following
materials shall be prohibited:
(a) untreated Concrete Masonry Unit
(CMU)
EXHIBIT "E"
ADM 09-3502
Page 2 of 3
(b) wood fiber board
(c) unfinished pressure treated wood
(d) Exterior Insulation Finish System
(EIFS)
(a) vinyl Siding
(0 reflective glass
(5) Building facades located within a build -to
zone shall incorporate the following:
(a) Changes in plane with a depth of at
least 24 inches, either horizontally or
vertically at intervals not less than 10
feet and not more than 40 feet; and
(b) Changes in color, texture, and
material, either horizontally or
vertically, at intervals of not less than
10 feet and not more than 40 feet.
Image 4: Shifts in wall plane depth
(6) Building facades located outside of the
build -to zone and that are visible from a
public right-of-way shall consist of the
following:
(a) Changes in plane with a depth of at
least 24 inches, either horizontally or
vertically; and
(b) Changes in color, texture, and
material, either horizontally or
vertically.
(7) Fenestration. Fenestration patterns
should encourage design, reinforce
rhythm, and create shadows. The
following shall be met to satisfy the
fenestration requirements for a principal
facade:
(a) Entryways. A primary entrance for
buildings located in a build -to zone
shall face the public street. When a
structure is not in a build -to zone, the
primary entrance shall be well-
defined from access drives,
sidewalks, and/or major parking
areas.
(i) Multiple entryways are
encouraged for all structures;
however, a building entrance
shall occur at a minimum of
every 100 feet of building facade
length that is within the build -to
zone.
(ii) Each primary entrance shall be
made visible and prominent by
using special architectural
treatment that signifies the
entrances, such as large entry
doors, porches, or protruding or
recessed entrances.
(b) Glazing. In order to create a
proportion of solids to voids and
pedestrian interest the following
standards shall apply:
(i) A building facade located within
the build -to zone shall be glazed
no less than 50% of the first or
ground floor at the pedestrian
level between 2 and 12 feet
above the sidewalk.
(ii) A building facade located
outside of a build -to zone shall
be glazed no less than 30% of
the first or ground floor at the
pedestrian level between 2 and
12 feet above the Finished Floor
Elevation (FFE).
(iii) Glazing above the first story
shall not exceed 80% of the total
building wall area.
(E) Pedestrian oriented elements. Developments
that are subject to these standards shall meet
and should exceed the basic needs of
pedestrian accessibility and contribute to a
unique sense of place and community. The
following requirements are intended to define
and articulate space at the street level in order
to encourage the use and function for active
and/or passive social interaction.
(1) Buildings exceeding 50 feet in length or
width within the build -to zone shall
incorporate spatially defining building
elements and/or landscaping at a
minimum separation of 100 feet of facade
length in order to create accessible public
open space, such as a courtyard, garden,
patio, etc.
EXHIBIT "E"
ADM 09-3502
Page 3 of 3
(2) Each public space shall include seating
opportunities, such as table and chairs or
benches, and a combination of at least of
three (3) of the following elements:
(a) planters;
(b) a planting bed;
(c) public art;
(d) a water feature;
(a) a shift in pavement material between
the public right-of-way and the
structure;
(f) a covered area, such as a canopy,
awning, arcade, or portico spanning
the width of the building; or
(g) other elements approved by the
Zoning and Development
Administrator that are not included in
other sections of the design
standards and meet the intent of this
requirement.
(F) Variances. An applicant may request approval
from the Planning Commission of a variance
from the minimum requirements where unique
circumstances existing and the effect will not
adversely impact adjoining or neighboring
properties. The applicant shall provide
notification to adjacent property owners prior
to the date of the meeting.
EXHIBIT "F"
ADM 09-3502
Page 1 of 1
167.04 Tree Preservation And Protection During Development
Table 1
Minimum Canopy Requirements
ZONING DESIGNATIONS
PERCENT
MINIMUM
CANOPY
R-A, Residential - Agricultural
(nonagricultural uses
25%
RSF-.S,Single-family Residential — One
Half Unit per Acre
25%
RSF-1, Single-family Residential — One
Unit perAcre
25%
RSF-2,Single-family Residential — Two
Units per Acre
20%
RSF-4, Single-family Residential — Four
Units perAcre
25%
RSF-7, Single-family Residential — Seven
Units perAcre
20%
RSF-8, Single-family Residential — Eight
Units per Acre
20%
R-O, Residential —Office
20%
RT-12, Two and Three-family Residential
20%
RMF-6, Multi -family Residential — Six
Units per Acre
20%
RMF-1 2, Multi -family Residential — Twelve
Units per Acre
20%
RMF-18, Multi -family Residential —
Eighteen Units perAcre
20%
RMF-24, Multi -family Residential —
Twenty -Four Units per Acre
20%
RMF-40,Multi-family Residential — Forty
Units per Acre
20%
NS, Neighborhood Services
20%
C-1, Neighborhood Commercial
20%
CS, Community Services
20%
C-2 Thoroughfare Commercial
15%
UT, Urban Thoroughfare
15%
C-3, Central Business Commercial
15%
DC, Downtown Core
10%
MSC, Main Street Center
10%
DG, Downtown General
10%
NC, Neighborhood Conservation
20%
I-1, Heavy Commercial and Light
Industrial
15%
1-2, General Industrial
15%
P-1, Institutional
25%
PZD, Planned Zoning District
HHOD
25%
30%
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
4/6/2010
City Council Meeting Date
Agenda Items Only
Jeremy PateA Development Services Development Services
Submitted By Division Department
An ordinance to amend the Unified Development Code to create new and rearrange existing use
new form -based zoning districts and associated design standards.
Cost of this request
Account Number
Category / Project Budget
Funds Used to Date
Program Category / Project Name
Program / Project Category Name
Project Number Remaining Balance Fund Name
Budgeted Item = Budget Adjustment Attached
• Previous Ordinance or Resolution #
Department cto Date
OSOriginal Contract Date:
/4__ Z� PO(J Original Contract Number:
City Attorne
Date
` ZLA a �L, 3- 25.).0 lc
Finance and Internal Services Director Date
Received in City ENTERED /.
Clerk's Office
Received in
Mayor's Office
Re d January 15, 2009
W1 FirS� N�l�/!0 CC n1.
City Council Meeting Date:
April 06, 2010
Council Agenda Memo
To: Mayor and City Council
Thru: Jeremy Pate, Development Services Director
From: Dara Sanders, Current Planner
Date: March 10, 2010
Subject: UDC Amendments (ADM 09-3502): Form -based Zoning Districts
BACKGROUND & PROPOSAL
City Plan 2025. The City of Fayetteville established a benchmark through City Plan 2025 and the
idea was further encouraged in the 2009 Fayetteville Forward Summit to adopt traditional,
form -based zoning districts for as -of -right development. Currently, the City has three
conventional commercial zoning districts that are utilized outside of the Downtown Master Plan
area: C-1, Neighborhood Commercial, C-2, Thoroughfare Commercial, and C-3, Central
Commercial. These conventional commercial zoning districts vary only slightly in intensity and
use and do not clearly promote the goals of City Plan 2025 to infill and revitalize, to discourage
sprawl, or to make traditional town form the standard development pattern. Additionally, these
districts are designed to produce an automobile -oriented form that is largely disassociated
from adjacent developments and does not encourage pedestrian activity, resulting in large
parking areas between the street/sidewalk and the building.
In 2003, the City Council approved the City Planning Division's proposal to create a Planned
Zoning District (PZD) option to allow property owners and developers the ability to propose and
construct a project consisting of a single use or mixture of uses in a unique form that responds
to the needs of the site and use(s), that could not otherwise be permitted under the City's
established zoning districts. Since the adoption of City Plan 2025, 50 PZD applications have
been submitted to the Planning Division- Each approved PZD application consists of at least one
new zoning district that is unique to one location and is tracked and administered by the City
Planning Division. The number of PZD applications submitted and approved that have a very
different form than our zoning codes currently permit indicates a shift in land use and
development form, a trend to which we feel the City must respond.
In November of 2008, City Planning staff began the initial process of research and analysis with the
intent to draft new mixed -use zoning districts for the City of Fayetteville. Staff reviewed the zoning
districts that are administered in 12 peer and/or model cities for the intent of the district, the
113 West Mountain 72701 (479) 575-8323 accessfayetteville.org
TDD (Telecommunications Device for the Deaf) (479)-521-1316
combination of uses, parking requirements, associated design regulations, and an administrative
approval option: Ames, IA; Champaign, IL; Chattanooga, TN; Urbana, IL; Lawrence, KS; Lynchburg, VA;
Iowa City, IA; Denton, TX; Columbia, MO; Naperville, IL; Rockhill, MD; and Chapel Hill, NC. In response
to the findings of our research and City Plan 2025, staff has drafted a proposal to create new
mixed -use zoning districts, comparable to the City's three conventional commercial zoning
districts but modeled after more traditional town form zoning districts. These zoning districts
organize and encourage a mixture of uses and include a build -to zone, a minimum buildable
street frontage percentage, and architectural and site design standards that are required for
each project within the zone. Staff has modified existing Use Units and also created a new low -
intensity neighborhood district in order to balance and organize the existing zoning districts to
promote the goals of City Plan 2025, as well.
Use Units
As Use Units have been modified and added to Chapter 162 of the Unified Development Code
over several years, some disorganization and inconsistencies have occurred and a range in
intensity among uses has been lost. In response, staff proposes to combine similar uses and to
establish a size restriction for Use Unit 15 (Neighborhood Shopping) so that it is consistent with
its name and description to be neighborhood -oriented. In addition, staff proposes to create a .
new use unit (Limited Business) to encourage "neighborhood friendly" development,.
appropriate mixed use, and to balance the uses within existing residential and transitional.
zoning districts.
Use Unit 12, Limited business — .. ..; .. ,
Traditional neighborhoods typically include low -intensity, nonresidential uses that serve, the
residents in the immediate area, such as a doctor's office, a bakery, a child care business; or a,
coffee shop. However, with the adoption of conventional or "Euclidean" zoning districts;,
residential and commercial uses are generally separated from each other in different zoning
districts that are applied to large areas, resulting in vehicular travel to access residential
services.
Currently, Fayetteville utilizes two (2) different "office" use units that are virtually the same:
Use Unit 12 (Offices, studios, and related services) and Use Unit 25 (Professional offices). Staff
proposes to consolidate both office use units into one, Use Unit 25, and to designate Use Unit
12 as Limited business. The proposed Limited business includes a combination of office, eating
places, and retail uses that are subject to square footage limitations and design regulations for
compatibility with adjacent residential uses.
The City Planning Division has processed several PZD applications to allow for the uses that staff
has included in Use Unit 12, Limited business in single-family zoning districts. These projects are
typically at corner locations or adjacent to collector/major streets and provide a type of low -
intensity nonresidential service to the immediate area, such as an office building, day care, or
veterinarian office. Staff proposes to include Use Unit 12, Limited business as a permitted use in
the R-O, Residential office zoning district. Staff also proposes to include Use Unit 12 as a
conditional use in the RSF-4, RSF-7, RSF-8, RT and RMF districts, and the Neighborhood
Conservation zoning districts. When located within a residential zoning district, Use Unit 12,
113 West Mountain 72701 (479) 575-8323 accessfayetteville.org
TDD (Telecommunications Device for the Deaf) (479)-521-1316
Limited business would be subject to specific conditions that regulate the hours of operation,
building form, and parking for the proposed use to ensure compatibility with the surrounding
residences.
Because the proposed Use Unit 12 is made up of a mixture of office, eating places, and retail
uses subject to size restriction, Limited business is not included in a zoning district when Use
Units 13 (Eating places), 15 (Neighborhood commercial), and 25 (Offices, studios, and related
services) are listed as permitted uses.
Use Unit 15, Neighborhood commercial —
Use Unit 15, Neighborhood shopping goods is a commercial use unit that includes a variety of
retail and personal services and was originally intended to provide frequently purchased
commercial goods where convenience of location is more important than comparative
shopping. This use unit is very similar to Use Unit 16, Shopping goods, and is not designed for
compatibility with adjacent neighborhoods.
In order to provide a succession of intensity in land use and to promote compatibility with
adjacent neighborhoods, staff proposes a building size limitation of 25,000 square feet for all
included use's under Use Unit 15, Neighborhood shopping and to leave Use Unit 16, Shopping
goods unrestricted. Use Unit 15 has been included as a Conditional Use in all zoning districts
that currently include Use Unit 15 as a permitted use, so as to provide flexibility on a case:by
case basis.
Use Unit 17, Transportation trades and services —
Currently; Use Unit17, Trades and services, is made up of a variety of uses that range from rug
`Yepair'16o marine craft sales and service, with a wide range in between. Staff proposes to
reassign all general commercial and personal service uses to Use Unit 16 Shopping goods. and
to designate Use Unit 17 as Transportation trades and services, which would address the needs
and operation of transportation -oriented businesses.
Zoning Districts
Fayetteville residents and City Council members expressed in City Plan 2025 and through
various public meetings dissatisfaction with the development form and appearance produced
by conventional C-1 and C-2 zoning districts, which is generally a "strip -commercial"
development form. Research over many years' worth of Comprehensive Land Use Plans
indicates a desire to move away from this development pattern. To provide an alternative, staff
proposes three (3) new zoning districts that will provide a more balanced range of
nonresidential uses and intensity and will work toward achieving the goals, objectives, and
benchmarks outlined in City Plan 2025. These new zoning districts (Neighborhood Services,
Community Services, Urban Thoroughfare) are comparable to the City's existing conventional
zoning districts (R-O, C-1, C-2, C-3) in use but are designed with a build -to zone and
architectural/site design standards in a traditional town form. It is the intent of most of these
zoning districts to offer a more rigid standard that adheres to the City's stated goals of
113 West Mountain 72701 (479) 575-8323 accessfayetteville.org
TDD (Telecommunications Device for the Deaf) (479)-521-1316
traditional town form development patterns while permitting administrative approval in order
to achieve Fayetteville's established benchmarks for "as -of -right development".
Neighborhood Services —
With only two (2) primary commercial zoning districts, a variety of intensity does not exist
between R-O, Residential Office, an unrestricted professional office zoning district, and C-1,
Neighborhood Commercial, a medium intensity commercial zoning district. Staff proposes a
new low -intensity, mixed use zoning district designed to promote a pedestrian -oriented and
sustainable neighborhood with limited non-residential uses that serve the immediate
residential area.
This zoning district is intended primarily for intersections to serve as a node of nonresidential
services or as a transitional zoning district between an established residential area and a
commercial district. Permitted uses include single-, two-, and three-family residential uses and
the new limited business use unit, and conditional uses are office and commercial uses that
might need additional square footage allowance or dwelling units than permitted by right. The
requirement of a build -to zone will encourage ar more traditional town form, with a portion of
the building located at the street and associated parking located to the. side or rear of the
building, outside of the build -to zone.
Community Services —
As mentioned previously, two (2) primary conventional commercial zoning, districts are
available outside of the Downtown Master Plan area — C-1, Neighborhood Commercial and C-2,
`:Thoroughfare Commercial — and three (3) form -based, mixed -use zoning districts are utilized
within the Downtown Master Plan area — Downtown General, Main Street/Center, and
Downtown Core.
Staff proposes anew zoning district that combines the facets of the existing C-1, Neighborhood
Commercial and Downtown General zoning districts. Community Services is a medium -
intensity, mixed -use district intended for commercial corridors that connect denser
development nodes and serve the surrounding community and residential areas. It includes
residential, office, and size -restricted commercial uses by right, and larger commercial uses by
conditional use.
This district requires an urban form with a 10'-25' build -to zone and 65% minimum buildable
street frontage requirements. Staff finds that this zoning district is an appropriate district for
infill and redevelopment opportunities and has attached an example of the type of
development that could be produced in the Community Services zoning district.
Urban Thoroughfare —
Similar to the concept of the proposed Community Services zoning district, staff proposes a
new zoning district that is comparable to the C-2, Thoroughfare Commercial and Main
113 West Mountain 72701 (479) 575-8323 accessfayetteville.org
TDD (Telecommunications Device for the Deaf) (479)-521-1316
Street/Center zoning districts. The Urban Thoroughfare zoning district is a higher -intensity
district designed to serve the region with a concentration of commercial and mixed -use
activities along major thoroughfares. It includes residential, office, and commercial uses by
right.
This district also requires an urban form with a 10'-25' build -to -zone and 50% minimum
buildable street frontage. As a result of design exercises conducted by the Strategic and City
Planning Divisions, staff finds that the parking and access management requirements for many
of the uses permitted in the Urban Thoroughfare zoning district warrant a lower minimum
buildable street frontage percentage.
Administrative Approval
The goals, objectives, and actions included in City Plan 2025 call for the development and
implementation of a form -based code that would allow as -of -right development of property in
congruence with those standards (see Goals 1,3, 4, and 6). As an incentive for utilizing these
new form -based zoning districts outside of the Downtown Master Plan area and in accordance
with ,City Plan 2025, staff proposes to. offer .administrative development. approval for the
Community Services and Urban Thoroughfare zoning districts. While subdivision applications
still require Planning Commission action, other development applications would be approved
by city staff through an established review process appropriate to the size of the site. Project
plans will be reviewed by the Technical Plat Review Committee, which consists of all applicable
City divisions and the utility companies. The applicant will also be responsible for compliance
with the notification requirements to adjacent property owners, and compliance with the
public comment and appeal process.
Nonresidential Design Standards —
Because of the eligibility for administrative approval for developments associated with the
Community Services and Urban Thoroughfare zoning districts, staff recommends additional
Nonresidential Design Standards that would apply to a development application that is eligible
for administrative approval, in addition to the City's current Commercial and Development
Design Standards. The intent of these standards is to establish a higher standard for building
and site design to produce a development that responds more appropriately to the needs of
pedestrians and cyclists and to reduce the impact of vehicular traffic needs. The proposed
Nonresidential Design Standards include building mass regulations and limitations, facade
articulation requirements that vary depending upon visibility from the public right-of-way,
window percentage requirements, and pedestrian -scaled elements, such as open space, bench,
and planting requirements. Urban residential projects would be required to meet the already
established design standards.
113 West Mountain 72701 (479) 575-8323 accessfayetteville_org
TDD (Telecommunications Device for the Deaf) (479)-521-1316
Participation
Over the past year, staff has scheduled three work sessions —two open Planning Commission workshops
and one Developer/Design Professional session —to discuss the draft proposal and to request comments
and suggestions from different stakeholders. Staff also presented these concepts to the Fayetteville
Forward Economic Development group and the Chamber of Commerce. The item was also presented at
two Planning Commission meetings, where it was discussed, amended and finally approved in February
of this year.
The proposal to amend several chapters of the UDC to adopt new use units, modify existing use
units, adopt new zoning districts, modify existing zoning districts, and adopt nonresidential
design standards are highlighted and attached to the staff report.
Staff recommends the Council hold a workshop to review the proposed amendments prior to the
Council meeting. Following this review and any revisions, staff recommends approval of the proposed
amendments to chapters of the UDC as described above. This item was heard at the January 25`h and
February 8th Planning Commission meetings and forwarded to the City Council with a unanimous
recommendation for approval (7-0-0).
BUDGET IMPACT
None.
113 West Mountain 72701 (479) 575-8323 accessfayetteville.org
TDD (Telecommunications Device for the Deaf) (479)-521-1316
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE XV: UNIFIED
DEVELOPMENT CODE OF THE CITY OF
FAYETTEVILLE, TO MODIFY EXISTING AND CREATE
NEW USE UNITS AND FORM -BASED ZONING
DISTRICTS THAT PERMIT ADMINISTRATIVE
DEVELOPMENT APPROVAL, AND TO CREATE
DESIGN STANDARDS FOR SAID DISTRICTS.
WHEREAS, the City of Fayetteville recognizes that the Unified Development Code
should be revised to achieve a benchmark established through City Plan 2025 and the
Fayetteville Forward Summit to adopt traditional, form -based zoning districts for as -of -right
development; and
WHEREAS, the City of Fayetteville recognizes that the Unified Development Code
should include a balanced range of zoning districts and uses that meet the needs and
expectations of Fayetteville citizens, stakeholders, and land developers; and
WHEREAS, the City of Fayetteville recognizes that the Unified Development Code
should work toward establishing and maintaining a high quality of fife for its residents;
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
§ 151.01 of the Unified Development Code to insert in alphabetical order the following
definitions:
"Articulation (Development) The architectural composition of combined treatment of
elements and parts of the edges, comers, and surface of a building.
Fenestration. (Development) An exterior opening in the surface of a structure, such
as a window, door, clerestory window, curtain wall, etc.
Glazing. (Development) A transparent or translucent material that is integrated into a
building envelope, such as a window, display window, door, glass curtain wall, etc.
Minimum buildable street frontage. (Zoning) The minimum required percentage of a
property's street frontage, established by the underlying zoning district and measured
in linear feet, that is met by constructing a portion or portions of the vertical side of a
building within the build -to zone. Buildings may be constructed -outside of the build -
to zone after the minimum required percentage has been met."
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends
§160.01 of the Unified Development Code to establish the following zoning districts"
"Neighborhood Services, Community Services, and Urban Thoroughfare"
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby amends
§ 161 Zoning Regulations of the Unified Development Code and inserts "Use Unit 12 Limited
Business*" as a conditional use in the RSF-4, RSF-7, RSF-8, RT-12, RMF-6, RMF-12,
RMF-18, RMF-24, and RMF-40 zoning districts.
Section 4. That the City Council of the City of Fayetteville, Arkansas hereby amends
§161 Zoning Regulations of the Unified Development Code and repeals section 161.10(I),
161.11(I), 161.12(I), 161.13(I), 161.14(1), and 161.15(I) related to parking regulations.
Section 5. That the City Council of the City of Fayetteville, Arkansas hereby repeals
§161.16 through §161.29 of the Unified Development Code and enacts a replacement
§161.16 through §161.32 to insert new zoning districts and modify existing zoning criteria as
shown in Exhibit "A" attached hereto.
Section 6. That the City Council of the City of Fayetteville, Arkansas hereby amends
§162.01 Establishment/Listing of the Unified Development Code by renaming Unit 12, Unit
17 and Unit 25 as follows:
"Unit 12: Limited Business
Unit 17: Transportation trades and services
Unit 25: Offices, studios, and related services"
Section 7. That the City Council of the City of Fayetteville, Arkansas hereby amends
§162.01(B)(2) of the Unified Development Code to strike "Antique shop" and "Sanitary
landfill area" from "Public and private facilities" and to insert "School and church facility" as
a "Temporary facility".
Section 8. That the City Council of the City of Fayetteville, Arkansas hereby repeals
§ 162.01(L) Offices, studios and related services of the Unified Development Code and enacts
a replacement §162.01(L) as shown in Exhibit `B" attached hereto.
Section 9. That the City Council of the City of Fayetteville, Arkansas hereby repeals
§162.01(0), (P), (Q), and (Y) of the Unified Development Code and enacts a replacement
§ 162.01(0), (P), (Q), and (Y) as shown in Exhibit "C" attached hereto.
Section 10. That the City Council of the City of Fayetteville, Arkansas hereby
amends § 162.0 1 (U)(2) of the Unified Development Code to strike "and ice" from "Fuel and
ice establishments" and "Ice house" from the table contained therein, and to insert the use
"Towing business" and "Impound Yard" under Contract Construction Services.
TITLE XV. UNIFIED DEVELOPMENT CODE
Section 11. That the City Council of the City of Fayetteville, Arkansas hereby
amends §164.01 to remove reference to "Unit 12" and replace it with "Unit 25".
Section 12. That the City Council of the City of Fayetteville, Arkansas hereby
amends §164.12 (13)(1) of the Unified Development Code to insert the following language:
"(e) Build -to -zone. Nonconforming structures located on properties with a build -to
zone may be altered to permit expansion up to 25% of the existing square footage."
Section 13. That the City Council of the City of Fayetteville, Arkansas hereby
amends §164 of the Unified Development Code to insert §164.21 Limited Business use
conditions as shown in Exhibit "D" attached hereto.
Section 14. That the City Council of the City of Fayetteville, Arkansas hereby
amends §166 of the Unified Development Code to insert §166.24 Nonresidential Design
Standards as shown in Exhibit "E" attached hereto.
Section 15. That the City Council of the City of Fayetteville, Arkansas hereby repeals
§167.04 Table 1 of the Unified Development Code and enacts a replacement §167.04 Table 1
as shown in Exhibit "F" attached hereto.
Section 16. That the City Council of the City of Fayetteville, Arkansas hereby
amends §177.04 (D)(2)(c) of the Unified Development Code to insert the following
subsection and renumber the following subsections sequentially:
Bv:
"(c) Urban Zoning Districts. Zoning districts that prescribe urban building form
(e.g., a build -to zone) permitting front setbacks of less then 15 feet may be
permitted to reduce the greenspace to 10 feet parallel to the Master Street Plan
right-of-way line. Any development providing less than 10 feet of greenspace shall
utilize the street tree planting plan for urban streetscapes."
PASSED and APPROVED this the day of 12010.
ATTEST:
SONDRA SMITH, City Clerk
":•
M
LIONELD JORDAN, Mayor
EXHIBIT "A"
ADM 09-3502
Page 1 of 15
161.16 Neighborhood Services
(A) Purpose. The Neighborhood Services district
is designed to serve as a mixed use area of
low intensity. Neighborhood Services
promotes a walkable, pedestrian -oriented
neighborhood development form with
sustainable and complementary
neighborhood businesses that are compatible
in scale, aesthetics, and use with surrounding
land uses. For the purpose of Chapter 96:
Noise Control, the Neighborhood Services
district is a residential zone.
(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 12
Limited Business
Unit 24
Home occupations
Unit 41
Arcessory dwelling units
Note: Any combination of above uses is permitted
upon any lot within this zone. Conditional uses shall
need approval when combined with pre -approved
uses.
(2) Conditional uses
Unit 2
City-wide uses by conditional use
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government Facilities
Unit 13
Eating laces
Unit 15
Neighborhood shopping oods
Unit 19
Commercial recreation, small sites
Unit 25
Offices, studios and related services
Unit 26
Multi -family dwellings
Unit 36
Wireless communication facilities'
Unit 40
1 Sidewalk cafes
(C) Density.
Units per acreI to or less
(D) Bulk and Area
(1) Lot width minimum
Single-family
35 fee791
Two-famil
70 fee
Three or more
90
All other uses
None
(2) Lot area minimum.
11 Single-family 4,000 s . ft.
Two-family or more 3,000 sq. ft. of lot area
er dwellin unit
All other permitted
and conditional uses I None
(E) Setback regulations
Front: The principal fagade of a building shall
be built within a build -to zone that is
located between 10 feet and a line 15
feet from the front property line.
Side 5 feet
Rear 15 feet
(F) Building height regulations.
Buildin Hei ht Maximum 145 ft. 11
(G) Building area. On any lot, the area occupied
by all buildings shall not exceed 60% of the
total area of the lot.
161.17 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
Limited business
Unit 25
Offices, studios, and related services
(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 ark'
Unit 13
Eating laces
Unit 15
Neighborhood shopping oods
Unit 24
Home occupations
Unit 26
Multi-famil dwellings
Unit 36
Wireless communications facilities'
Unit 42
Clean technologies
(C) Density.
Units er acre1 24 or less
EXHIBIT "A"
ADM 09-3502
Page 2 of 15
(D) 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. ft.
2,500 sq. ft.
Single-family
6,000 sq. ft.
Two-family
6,500 sq. ft.
Three or more
8,000 sq. ft.
Fraternit or Sorori
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 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 OverlayDistrict
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.
11 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.
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; Ord. 5224, 3-3-09)
161.18 District C-1, Neighborhood
Commercial
(A) Purpose. The Neighborhood Commercial District
is designed primarily to provide convenience goods
and personal services for persons living in the
surrounding residential areas.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 5
Government Facilities
Unit 13
Eating laces
Unit 15
Neighborhood shopping
Unit 18
Gasoline service stations and drive-in
restaurants
Unit 25
Offices, studios, and related services
(2) Conditional uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public rotection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 16
Shopping oods
Unit 34
Liquor stores
Unit 35
Outdoor music establishments*
Unit 36
Wireless communications facilities*
Unit 40
Sidewalk Cafes
Unit 42
Clean technologies
(C) Density. None.
(D) Bulk and area regulations. None.
(E) Setback regulations.
Front
50 ft.
Side
None
Side, when contiguous to a
residential district
10 ft.
Rear
20 ft.
(F) Height regulations. There shall be no maximum
height limits in C-1 District, provided, however, that
any building which exceeds the height of 10 feet
shall be setback from any boundary line of any
EXHIBIT "A"
ADM 09-3502
Page 3 of 15
residential district a distance of one foot for each
foot of height in excess of 10 feet.
(G) Building area. On any lot the area occupied by all
buildings shall not exceed 40% of the total area of
such lot.
(Code 1965, App. A., Art. 5(V); Ord. No. 2603, 2-19-80;
Ord. No. 1747, 6-29-70; Code 1991, §160.035; Ord. No.
4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99;
Ord. 5028, 6-19-07; Ord. 5195, 11-6-08)
161.19 Community Services
(A) Purpose. The Community Services district is
designed primarily to provide convenience goods
and personal services for persons living in the
surrounding residential areas and is intended to
provide for adaptable mixed use centers located
along commercial corridors that connect denser
development nodes. There is a mixture of
residential and commercial uses in a traditional
urban form with buildings addressing the street.
For the purposes of Chapter 96: Noise Control, the
Community Services district is a commercial zone.
The intent of this zoning district is to provide
standards that enable development to be approved
administratively.
(B) Uses.
(1) Permitted uses
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
Unit 13
Eating laces
Unit 15
Neighborhood hopping oods
Unit 18
Gasoline service stations and drive-in
restaurants
Unit 24
Home occupations
Unit 25
Offices, studios and related services
Unit 26
Multi -family dwellin s
Note: Any combination of above uses is permitted
upon any lot within this zone. Conditional uses shall
need approval when combined with pre -approved uses.
(2) Conditional uses.
Unit 2
City-wide uses by
conditional use permit
Unit 3
Public protection and utility facilities
Unit 14
Hotel, motel and amusement
services
Unit 16
Shopping oods
Unit 17
Transportation, trades and services
Unit 19
Commercial recreation, small sites
Unit 28
Center for collecting
rec clable materials
Unit 34
Liquor stores
Unit 35
Outdoor music establishments
Unit 36
Wireless communication facilities'
Unit 40
Sidewalk Cafes
Unit 42
Clean technologies
(C) Density. None
(D) Bulk and area regulations.
(1) Lot width minimum.
Dwellin 18 ft.
All others None
(2) Lot area minimum. None
(E) Setback regulations.
Front:
The principal fagade of a
building shall be built
within a build -to zone that
is located between 10
feet and a line 25 feet
from the front property
line.
Side and rear:
None
Side or rear, when
15 feet
contiguous to a residential
district:
(F) Height regulations. Maximum height is 4 stories or
56 feet which ever is less.
(G) Minimum buildable street frontage. 65% of the lot
width.
161.20 District C-2, Thoroughfare
Commercial
(A) Purpose. The Thoroughfare Commercial District is
designed especially to encourage the functional
grouping of these commercial enterprises catering
primarily to highway travelers.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses b right
Unit 4
Cultural and recreational facilities
Unit 5
Government Facilities
Unit 13
Eatinglaces
Unit 14
Hotel, motel, and amusement facilities
Unit 16
Shopping goods
Unit 17
Transportation trades and services
Unit 18
Gasoline service stations & drive-in
restaurants
EXHIBIT "A"
ADM 09-3502
Page 4 of 15
Unit 19
Commercial recreation, small sites
Unit 20
Commercial recreation, large sites
Unit 25
Offices, studios, and related services
Unit 33
Adult live entertainment club or bar
Unit 34
Liquor store
(2) Conditional uses.
Unit 2
Ci -wide uses b conditional use permit
Unit 3
Public rotedion and utility facilities
Unit 21
Warehousing and wholesale
Unit 28
Center for collecting recyclable materials
Unit 29
Dance Halls
Unit 32
Sexually oriented business
Unit 35
Outdoor music establishments
Unit 36
Wireless communications facilities
Unit 38
Mini -storage units
Unit 40
Sidewalk Cafes
Unit 42
Clean technologies
(C) Density. None.
(D) Bulk and area regulations. None.
(E) Setback regulations.
Front
50 ft.
Side
None
Side, when contiguous to
a residential district
15 ft.
Rear
20 ft.
(F) Height regulations. In District C-2 any building
which exceeds the height of 20 feet shall be set
back from any boundary line of any residential
district a distance of one foot for each foot of height
in excess of 20 feet. No building shall exceed six
stories or 75 feet in height.
(G) Building area. On any lot, the area occupied by all
buildings shall not exceed 60% of the total area of
such lot.
(Code 1965, App. A., Art. 5(VI); Ord. No.1833, 11-1-71;
Ord. No. 2351, 6-2-77; Ord. No. 2603, 2-19-80; Ord.
No. 1747, 6-29-70; Code 1991, §160.036; Ord. No.
4034, §3, 4, 4-15-97; Ord. No. 4100, §2 (Ex. A), 6-16-
98; Ord. No. 4178, 8-31-99; Ord. 4727, 7-19-05; Ord.
4992, 3-06-07; Ord. 5028, 6-19-07; Ord. 5195,11-6-08)
161.21 Urban Thoroughfare
(A) Purpose. The Urban Thoroughfare District is
designed to provide goods and services for
persons living in the surrounding communities.
This district encourages a concentration of
commercial and mixed use development that
enhances function and appearance along major
thoroughfares. Automobile -oriented development is
prevalent within this district and a wide range of
commercial uses is permitted. For the purposes of
Chapter 96: Noise Control, the Urban
Thoroughfare district is a commercial zone. The
intent of this zoning district is to provide standards
that enable development to be approved
administratively.
(B) Uses.
(1) Permitted uses
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
Unit 13
Eating laces
Unit 14
Hotel, motel and amusement services
Unit 16
1 Shopping oods
Unit 17
1 Transportation trades and services
Unit 18
Gasoline service stations and drive-in
restaurants
Unit 19
Commercial recreation, small sites
Unit 24
Home occupations
Unit 25
Offices, studios, and related services
Unit 26
Multi -family dwellings
Unit 34
Liquor store
Unit 41
Accessory Dwellings
Note: Any combination of above uses is permitted
upon any lot within this zone. Conditional uses shall
need approval when combined with pre -approved uses.
(2) Conditional uses
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 20
Commercial recreation, large sites
Unit 21
Warehousing and wholesale
Unit 28
Center for collecting recyclable materials
Unit 29
Dance halls
Unit 33
Adult live entertainment club or bar
Unit 35
Outdoor music establishments
Unit 36
Wireless communication facilities
Unit 38
Mini -storage units
Unit 40
Sidewalk cafes
Unit 42
Clean technologies
(C) Density. None
(D) Bulk and area regulations.
(1) Lot width minimum
Single-family dwellin
18 feet
All other dwellings
None
Non-residential
I None
EXHIBIT "A"
ADM 09-3502
Page 5 of 15
(2) Lot area minimum
None (2) Conditional uses.
(E) Setback regulations.
Front:
The principal fagade of a
building shall be built
within a build -to zone that
is located between 10
feet and a line 25 feet
from the front property
line.
Side and rear:
None
Side or rear, when
15 feet
contiguous to a residential
district:
(F) Height regulations. A building or a portion of a
building that is closer than 15 feet from the
front property line shall have a maximum
height of 4 stories or 56 feet, whichever is
less. A building or portion of a building that is
located 15 feet or greater from the front
property line or the Master Street Plan right-of-
way shall have a maximum height of 6 stories
or 84 feet, whichever is less. Any building that
exceeds the height of 20 feet shall be set back
from any boundary line of a single-family
residential district, an additional distance of
one foot for each foot of height in excess of 20
feet.
(G) Minimum buildable street frontage. 50% of the
lot width.
161.22 District C-3, Central Commercial
(A) Purpose. The Central Commercial District is
designed to accommodate the commercial and
related uses commonly found in the central
business district, or regional shopping centers
which provide a wide range of retail and personal
service uses.
(B) Uses.
(1) Permitted uses.
Unit 1
Ci -wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 13
Eating laces
Unit 14
Hotel, motel, and amusement facilities
Unit 16
Shopping oods
Unit 18
Gasoline service stations & drive-in
restaurants
Unit 19
Commercial recreation, small sites
Unit 25
Offices, studios, and related services
Unit 26
Multkfamil dwellings
Unit 34
Li uor stores
Unit 2
City-wide uses by conditional use
permit
Unit 3
Public protection and utility facilities
Unit 17
Transportation trades and services
Unit28
Center for collecting recyclable
materials
Unit 29
Dance Halls
Unit 35
Outdoor music establishments
Unit 36
Wireless communications facilities
Unit 40
Sidewalk Cafes
Unit 42
Clean technologies
(C) Density. None.
(D) Bulk and area regulations. None
(E) Setback regulations.
Central
Business
Shopping
District
Center
Front
5 ft.
25 ft.
Front, if parking
is allowed
between the
right-of-way and
the building
50 ft.
50 ft.
Side
None
None
Side, when
contiguous to a
residential
district
10 ft.
25 ft.
Rear, without
easement or
alley
15 ft.
25 ft.
Rear, from
center line of a
public alley
10 ft.
10 ft.
(F) Height regulations. Maximum height is six stories
or 84 feet whichever is less. Above four stories,
there shall be a stepback of the building's principal
fagade of at least fifteen feet. The height shall be
measured from the mean elevation of the finished
grade or sidewalk at the frontage line, whichever is
higher, to the eave of the roof or cornice for a
building with a parapet.
(Code 1965, App. A., Art. 5(VII); Ord. No. 2351, 6-21-
77; Ord. No. 2603, 2-19-80; Ord. No. 1747, 6-29-70;
Code 1991, §160.037; Ord. No. 4100, §2 (Ex. A), 6-16-
98; Ord. No. 4178, 8-31-99; Ord. 4727, 7-19-05; 4863,
5-02-06; Ord. 5028, 6-19-07; Ord. 5195, 11-6-08)
EXHIBIT "A"
ADM 09-3502
Page 6 of 15
161.23 Downtown Core
(A) Purpose. Development is most intense, and land
use is densest in this zone. The downtown core is
designed to accommodate the commercial, office,
governmental, and related uses commonly found in
the central downtown area which provides a wide
range of retail, financial, professional office, and
governmental office uses. For the purposes of
Chapter 96: Noise Control, the Downtown Core
district is a commercial zone.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses b right
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
Unit 13
Eating laces
Unit 14
Hotel, motel, and amusement facilities
Unit 16
Shopping oods
Unit 17
Transportation trades and services
Unit 19
Commercial recreation, small sites
Unit 24
Home occupations
Unit 25
Offices, studios, and related services
Unit 26
Multi -family dwellings
Unit 34
Liquor stores
Note: Any combination of above uses is permitted
upon any lot within this zone. Conditional uses shall
need approval when combined with pre -approved uses.
(2) Conditional uses.
Unit 2
City-wide uses by conditional use
permit
Unit 3
Public protection and utility facilities
Unit 29
Dance Halls
Unit 35
Outdoor music establishments
Unit 36
Wireless communication facilities
Unit 40
Sidewalk Cafes
Unit 42
Clean technologies
(C) Density. None.
(D) Bulk and area regulations. None.
(E) Setback regulations.
The principal fagade of
a building shall be built
within a build -to zone
that is located between
the front property line
and a line 25 ft. from
Side
None
Rear
5 ft.
Rear, from center line
of an alley
12 ft.
(F) Minimum buildable street frontage. 80% of lot
width.
(G) Height regulations. Maximum height is 12 stories
or 168 feet which ever is less.
(Ord. 5028, 6-19-07; Ord. 5029, 6-19-07; Ord. 5195,11-
6-08)
161.24 Main Street/Center
(A) Purpose. A greater range of uses is expected and
encouraged in the Main Street / Center. The
Centeris more spatially compact and is more likely
to have some attached buildings than Downtown
General or Neighborhood Conservation. Multi -story
buildings in the Center are well -suited to
accommodate a mix of uses, such as apartments
or offices above shops. Lofts, live/work units, and
buildings designed for changing uses overtime are
appropriate for the Main Street/Center. The Center
is within walking distance of the surrounding,
primarily residential areas. For the purposes of
Chapter 96: Noise Control, the Main Street Center
district is a commercial zone.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
Unit 13
Eating laces
Unit 14
Hotel, motel, and amusement
facilities
Unit 16
Shopping goods
Unit 17
Transportation trades and services
Unit 19
Commercial recreation, small sites
Unit 24
Home occu ations
Unit 25
Offices, studios, and related services
Unit 26
Multi-fnmil dwellin s
Unit 34
Liquor stores
Note: Any combination of above uses is permitted
upon any lot within this zone. Conditional uses shall
need approval when combined with pre -approved uses.
(2) Conditional uses.
EXHIBIT "A"
ADM 09-3502
Page 7 of 15
Unit 2
City-wide uses by conditional use
permit
Unit 3
Public protection and utility facilities
Unit 18
Gasoline services stations and drive
in restaurants
Unit 28
Center for collecting recyclable
materials
Unit 29
Dance halls
Unit 35
Outdoor music establishments
Unit 33
Wireless communication facilities
Unit 40
Sidewalk Cafes
Unit 42
Clean technologies
(C) Density. None.
(D) Bulk and area regulations.
(1) Lot width minimum.
Dwelling all unit es 18 ft.
(2) Lot area minimum. None.
(E) Setback regulations.
Front
The principal fagade
of a building shall be
built within a build -to
zone that is located
between the front
property line and a
line 25 ft. from the
front property line.
Side
None
Rear
5 ft.
Rear, from center line of
12 ft.
an alle
(F) Minimum buildable street frontage. 75% of lot
width.
(G) Height Regulations. A building or a portion of a
building that is located between 0 and 15 feet from
the front property line or any master street plan
right-of-way line shall have a maximum height of 4
stories or 56 feet, whichever is less. A building or a
portion of a building that is located 15 feet or
greater from the front property line or any master
street plan right-of-way line shall have a maximum
height of 6 stories or 84 feet, which ever is less.
(Ord. 5028, 6-19-07; Ord. 5029, 6-19-07; Ord. 5042, 8-
07-07; Ord. 5195, 11-6-08)
161.25 Downtown General.
(A) Purpose. Downtown General is a flexible zone,
and it is not limited to the concentrated mix of uses
found in the Downtown Core or Main Street /
Center. Downtown General includes properties in
the neighborhood that are not categorized as
identifiable centers, yet are more intense in use
than Neighborhood Conservation. There is a
mixture of single-family homes, rowhouses,
apartments, and live/work units. Activities include
a flexible and dynamic range of uses, from public
open spaces to less intense residential
development and businesses. For the purposes of
Chapter 96: Noise Control, the Downtown General
district is a residential zone.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
Unit 13
Eating laces
Unit 15
Neighborhood shopping goods
Unit 24
Home occu ations
Unit 25
Offices, studios, and related services
Unit 26
Multi-fanily dwellings
Note: Any combination of above uses is permitted
upon any lot within this zone. Conditional uses shall
need approval when combined with pre -approved uses.
(2) Conditional uses.
Unit 2
City-wide uses by
conditional use permit
Unit 3
Public protection and utility facilities
Unit 14
Hotel, motel and amusement services
Unit 16
hopping oods
Unit 17
Transportation trades and services
Unit 19
Commercial recreation, small sites
Unit 28
Center for collecting
recyclable materials
Unit 36
Wireless communication facilities
Unit 40
Sidewalk Cafes
(C) Density. None
(D) Bulk and area regulations.
(1) Lot width minimum.
Dwelling all unit es 18 ft.
(2) Lot area minimum. None.
(E) Setback regulations.
Front The pr ncipal facade of
a buildin shall be built
EXHIBIT "A"
ADM 09-3502
Page 8 of 15
within a build -to zone
that is located between
the front property line
and a line 25 ft. from
the front property line.
Side
None
Rear
5 ft.
Rear, from center line
12 ft.
of an alley
(F) Minimum buildable street frontage. 50% of lot
width.
(G) Height regulations. Maximum height is 4 stories or
56 feet which ever is less.
(Ord. 5028, 6-19-07; Ord. 5029, 6-19-07)
161.26 Neighborhood Conservation
(A) Purpose. The Neighborhood Conservation zone
has the least activity and a lower density than the
other zones. Although Neighborhood
Conservation is the most purely residential zone, it
can have some mix of uses, such as civic
buildings. Neighborhood Conservation serves to
promote and protect neighborhood character. For
the purposes of Chapter 96: Noise Control, the
Neighborhood Conservation district is a residential
zone.
(B) Uses.
(1) Permitted uses.
Unit 1 City-wide uses by right
Unit 8 Single-family dwellings
Unit 9 Two-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 10
Three-family dwellings
Unit 12
Limited Business'
Unit 24
Home occupations
Unit 25
Offices, studios, and related services
Unit 28
Center for collecting
rec clable materials
Unit 36
Wireless communication facilities
(C) Density. 10 Units Per Acre.
(D) Bulk and area regulations.
(1) Lot width minimum.
Sin le Family
40 ft.
Two Family
80 ft.
Three Family
90 ft.
(2) Lot area minimum. 4,000 Sq. Ft.
(E) Setback regulations.
Front
The principal fagade of
a building shall be built
within a build -to zone
that is located between
the front property line
and a line 25 ft. from
the front property line.
Side
5 ft.
Rear
5 ft.
Rear, from center line
12 ft.
of an alley
(F) Minimum buildable street frontage. 40% of lot
width.
(G) Height regulations. Maximum height is 3 stories or
45 feet which ever is less.
(Ord. 5128, 4-15-08
161.27 District 1-1, Heavy Commercial
And Light Industrial
(A) Purpose. The Heavy Commercial District is
designed primarily to accommodate certain
commercial and light industrial uses which are
compatible with one another but are inappropriate
in other commercial or industrial districts. The
Light Industrial District is designed to group
together a wide range of industrial uses, which do
not produce objectionable environmental
influences in their operation and appearance. The
regulations of this district are intended to provide a
degree of compatibility between uses permitted in
this district and those in nearby residential districts.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government Facilities
Unit 6
Agriculture
Unit 13
Eating laces
Unit 17
Transportation trades and services
Unit 18
Gasoline service stations & drive-in
restaurants
Unit 21
1 Warehousing and wholesale
Unit 22
1 Manufacturin
EXHIBIT "A"
ADM 09-3502
Page 9 of 15
Unit 25 Offices, studios and related services
Unit 27 Wholesale bulk petroleum storage
facilities with underground stoma a tanks
Unit 42 Clean technolo ies
(2) Conditional uses.
Unit 2
City-wide uses by conditional use permit
Unit 19
Commercial recreation, small sites
Unit 20
Commercial recreation, lame sites
Unit 28
Center for collecting recyclable materials
Unit 36
Wireless communications facilities
Unit 38
Mini -storage units
(C) Density. None.
(D) Bulk and area regulations. None.
(E) Setback regulations.
Front, when adjoining A or R districts
50 ft.
Front, when adjoining C, 1, or P districts
25 ft.
Side, when admoining A or R districts
50 ft.
Side, when adjoining C, I, or P districts
10 ft.
Rear, when adjoining C, I, or P districts
10 ft.
(F) Height regulations. There shall be no maximum
height limits in 1-1 District, provided, however, that
any building which exceeds the height of 25 feet
shall be set back from any boundary line of any
residential district a distance of one foot for each
foot of height in excess of 25 feet.
(G) Building area. None.
(Code 1965, App. A., Art. 5(VI11); Ord. No.2351, 6-2-77;
Ord. No. 2430, 3-21-78; Ord. No. 2516, 4-3-79; Ord.
No. 1747, 6-29-70; Code 1991, §160.039; Ord. No.
4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord.
4992, 3-06-07; Ord. 5028, 6-19-07; Ord. 5195,11-6-08)
161.28 District 1-2, General Industrial
(A) Purpose. The General Industrial District is
designed to provide areas for manufacturing and
industrial activities which may give rise to
substantial environment nuisances, which are
objectionable to residential and business use.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 3
Public protection and utility facilities
Unit 5
Government Facilities
Unit 6
Agriculture
Unit 7
Animal husbandry
Unit 18
Gasoline service stations & drive-in
restaurants
Unit 20
Commercial recreation, large sites
Unit 21
Warehousing and wholesale
Unit 22
Manufacturing
Unit 23
Heavy industrial
Unit 25
Offices, studios, and related services
Unit 28
Center for collecting recyclable materials
Unit 42
Clean technologies
(2) Conditional uses.
Unit 2
City-wide uses by conditional use permit
Unit 31
Facilities emitting odors and facilities
handling explosives.
Unit 36
Wireless communications facilities
Unit 38
Mini -storage Units
Unit 39
Auto salvage and junk y2Eqs
(C) Density. None.
(D) Bulk and area regulations.
(E) Setback regulations.
None.
Front, when adjoining A
or R districts
100 ft.
Front, when adjoining C,
1 or P districts
50 ft.
Side, when adjoining A or
R districts
50 ft.
Side, when adjoining C, I
or P districts
25 ft.
Rear
1 25 ft.
(F) Height regulations. There shall be no maximum
height limits in 1-2 Districts, provided, however, that
any building which exceeds the height of 25 feet
shall be setback from any boundary line of any
residential district a distance of one foot for each
foot of height in excess of 25 feet.
(G) Building area. None.
(Code 1965, App. A., Art. 5(IX); Ord. No. 2351, 6-21-77;
Ord. No. 2516, 4-3-79; Ord. No. 1747, 6-29-70; Code
1991, §160.040; Ord. No. 3971, §2, 5-21-96; Ord. No.
4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord.
4992, 3-06-07; Ord. 5028, 6-19-07; Ord. 5195,11-6-08)
161.29 District P-1, Institutional
(A) Purpose. The Institutional District is designed to
protect and facilitate use of property owned by
larger public institutions and church related
organizations.
(B) Uses.
(1) Permitted uses.
EXHIBIT "A"
ADM 09-3502
Page 10 of 15
Unit 1 City-wide uses by right (2) Conditional uses.
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities Unit 2 Cit -wide uses b conditional use permit
(2) Conditional uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 26
Multi -family dwellings
Unit 36
Wireless communications facilities
Unit 42
Clean technologies
(C) Density. None.
(D) Bulk and area regulations. None.
(E) Setback regulations.
Front
30 ft.
Front, if parking is allowed between the
right-of-way and the building
50 ft.
Side
20 ft.
Side, when contiguous to a residential
district
25 ft.
Rear
25 ft.
Rear, from center line of public alley
10 ft.
(F) Height regulations. There shall be no maximum
height limits in P-1 Districts, provided, however,
that any building which exceeds the height of 20
feet shall be set back from any boundary line of
any residential district a 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 1965, App. A., Art. 5(XI); Ord. No. 2603; Ord. No.
2603, 2-19-80; Ord. No. 2621, 4-1-80; Ord. No. 1747, 6-
29-70; Code 1991, §160.042; Ord. No. 4100, §2 (Ex.
A), 6-16-98; Ord. No.4178, 8-31-99; Ord. 5073,11-06-
07; Ord. 5195, 11-6-08)
161.30 District E-1, Extraction
(A) Purpose. The Extraction District is designed to
provide areas for the commercial removal of
natural accumulations of sand, clay, silt, gravel,
rock, and any mineral where such removal may
cause groundwater problems, noise, dust, traffic
problems, erosion, and safety concerns.
(B) Uses.
(1) Permitted uses.
11 Unit 1 City-wide uses by right
11 Unit 30 Extractive uses
(C) Density. None.
(D) Bulk and area regulations.
(1) Lot width minimum.
Lot width The proposed development shall
minimum have at least 200 feet of frontage
on a state road or other adequate
means of access compatible with
sound land use planning
rinci les.
(2) Lot area minimum.
Lot area 10 acres
minimum
(E) Setback regulations.
From all property lines
(including street frontage)
200 ft.
when contiguous to all R
districts
From all property lines
(including street frontage)
100 ft.
when contiguous to P, A,
C, and I districts
(Code 1991, §160.047; Ord. No. 3546, 4-16-91; Ord.
No. 4100, §2 (Ex. A), 6-16-98, Ord. No. 4178, 8-31-99)
161.31 Design Overlay District (1-540
Highway Corridor)
(A) Purpose. The purpose of establishing a Design
Overlay District for the 1-540 Highway Corridor is
as follows:
(1) To protect and enhance the distinctive scenic
quality of the 1-540 Highway Corridor by
providing for nonresidential developments
which will maximize preservation and
enhancement of the natural, rural, and open
character of the terrain and foliage.
(2) To address the issues of traffic and safety.
(3) To address environmental concerns which
include, but are not limited to, soil erosion,
vegetation preservation, drainage and heat
islands.
(4) To preserve and enhance the economic value
and viability of property within and near the
EXHIBIT "A"
ADM 09-3502
Page 11 of 15
Overlay District for the 1-540 Highway
highway.
Corridor.
(4) Building material. Buildings shall be
(B)
Overlay District boundaries. The Overlay District
constructed of wood, masonry, or natural
encompasses all lands lying within 660 feet of
looking materials. No structures shall be
each side of the right-of-way of 1-540 from the
allowed that have metal side walls UNLESS
intersection of 1-540 and State Highway 471 (a/k/a
such metal siding is similar in appearance to
71B) north to the city limits of Fayetteville, (a/k/a
wood, masonry, or natural looking material.
the 71 Bypass and/or John Paul Hammerschmidt
Expressway), and also that portion known as State
(5) Site coverage. Twenty-five percent (25%) of
Highway 471 S described more fully as that portion
the site shall be left in open space. Eighty
of State Highway 471 which connects 1-540 to
percent (80%) of the open space shall be
State Highway 471 (a/k/a North College) and all
landscaped which may include ponds and
future extensions of 1-540 within the City of
fountains.
Fayetteville. Said boundaries are set out on the
official plat pages along with a legal description of
(6) Optional fencing. All fencing shall be
such boundaries located in the Planning Division.
constructed of wood, masonry, or natural
looking materials. No optional fencing shall
(C)
Application of Overlay District: Regulations and
be located within the greenspace required by
standards. The regulations and standards
Section (D)(1). No metal fencing shall be
contained herein shall apply to all nonresidential
allowed except in the following cases:
properties, (including, but not limited to new
development), located within the Overlay District
(a) Wrought iron fencing.
boundaries. Such regulations and standards shall
be in addition to and shall overlay all other
(b) If other types of metal fencing are
ordinance regulationsand standards, including, but
necessary, for security purposes, they
not limited to nonresidential zoning district and
may be used if the area is first fenced off
signage regulations and standards. Should the
with a view obscuring natural or natural
regulations and standards of the underlying and
looking fencing material. The metal
Overlay District conflict, the Overlay District
fencing shall be placed inside the view
regulations and standards shall control.
obscuring fencing, and the view
obscuring fencing shall be at least the
(D)
Nonresidential site design and development
height of the metal fencing.
standards.
(1) Greenspace. A minimum of 25 feet of
landscaped greenspace exclusive of right-of-
way shall be provided along the highway right-
of-way and any public street to which the
development has frontage. Parking lots shall
not encroach into the greenspace and shall be
screened when abutting a required
greenspace area. Trees shall be planted at
the interval of one tree per 30 linear feet of
greenspace area when practicable.
(2) Signs
(a) The only permitted free standing signs
shall be monument signs. Only indirect
lighting may be used for illumination of all
signs.
(b) All signs shall otherwise comply with
Chapter 174 Signs and any variance shall
beconsidered pursuant to § 156.06 of the
Unified Development Code.
(3) Exterior appearance. All structures shall be
architecturally designed to have front facades
facing all street and highway right-of-way. An
elevation drawing shall be submitted for each
side of the building that faces a street or
Parking Lot 4
Fencin
+_ street
(7) Outdoor storage of material and equipment.
All outdoor storage of material and equipment
shall be screened with natural vegetation.
(8) Access.
(a) Multi -modal. Multi -modal access may be
required on nonresidential sites within the
Design Overlay District. (For example:
The provision of bus stops, bicycle racks,
parking stalls for car pools, and bicycle
and pedestrian walks and trails).
Bike
lio I
q
idewalk
Multi -modal Access
EXHIBIT "A"
ADM 09-3502
Page 12 of 15
sidewalk or Trail
1 (----Commercial
Residential
Pedestrian Linkages to Different Zones
(E) Nonresidential developments and multiple building
sites. In the case of nonresidential development
involving multiple building sites, whether on one or
more platted lots, the above -described regulations
shall apply to the development as an entire tract
rather than to each platted lot.
(F) Exemptions.
(1) Undeveloped or partially developed lots in
nonresidential subdivisions lying within the
Design Overlay District for 1-540 Highway
Corridor which have received preliminary or
final approval as nonresidential subdivision
prior to June 28, 1994, are hereby exempt
from compliance with Ordinance No. 3806 (§
161.21).
(2) Owners of lots within nonresidential
subdivisions which obtained preliminary or
final approval as nonresidential subdivisions
prior to June 28, 1994, and not included in the
specifically exempted properties may apply for
an exemption to the Fayetteville Zoning and
Development Administrator. The Zoning and
Development Administrator shall respond to
the application in writing within 10 working
days of the receipt of the application.
(3) Completed development upon property
subject to such exemption not in compliance
with the standards set forth in Ordinance No.
3806 (§ 161.21) shall be considered pre-
existing conforming structures.
(4) Nothing contained herein shall limit or prohibit
property owners from utilizing the variance
provisions contained in Ordinance No. 3806 (§
161.21).
(Code 1991, §160.048; Ord. No. 3821, §1, 3-5,8-9-94;
Ord. No. 38-06, 6-28-94; Ord. No. 4100, §2 (Ex. A), 6-
16-98; Ord. No. 4128, §1, 12-15-98; Ord. 4725, 7-19-
05; Ord. 4784, 10-18-05)
Cross reference(s)--Appeals, Ch. 155;
Variances, Ch. 156.
161.32 Planned Zoning District
(A) Purpose. The intent of the Planned Zoning District
is to permit and encourage comprehensively
planned developments whose purpose is
redevelopment, economic development, cultural
enrichment or to provide a single -purpose or
mixed -use planned development and to permit the
combination of development and zoning review into
a simultaneous process. The rezoning of property
to the PZD may be deemed appropriate if the
development proposed for the district can
accomplish one or more of the following goals.
(1) Flexibility. Providing for flexibility in the
distribution of land uses, in the density of
development and in other matters typically
regulated in zoning districts.
(2) Compatibility. Providing for compatibility with
the surrounding land uses.
(3) Harmony. Providing for an orderly and
creative arrangement of land uses that are
harmonious and beneficial to the community.
(4) Variety. Providing for a variety of housing
types, employment opportunities or
commercial or industrial services, or any
combination thereof, to achieve variety and
integration of economic and redevelopment
opportunities.
(5) No negative impact. Does not have a
negative effect upon the future development of
the area;
(6) Coordination. Permit coordination and
planning of the land surrounding the PZD and
cooperation between the city and private
developers in the urbanization of new lands
EXHIBIT "A"
ADM 09-3502
Page 13 of 15
and in the renewal of existing deteriorating
incompatibilities, heavy traffic and
areas.
congestion, and excessive demands on
planned and existing public facilities.
(7) Open space. Provision of more usable and
suitably located open space, recreation areas
(d) To provide a means of developing areas
and other common facilities that would not
with special physical features to enhance
otherwise be required under conventional land
natural beauty and other attributes.
development regulations.
(e) To encourage the efficient use of those
(8) Natural features. Maximum enhancement and
public facilities required in connection
minimal disruption of existing natural features
with new residential development.
and amenities.
(2) All permitted uses identified within §162 Use
Units of the Unified Development Code shall
(9) General Plan. Comprehensive and innovative
be allowed as permissible uses, unless
planning and design of mixed use yet
otherwise specified, subject to City Council
harmonious developments consistentwith the
approval of the Planned Zoning District
guiding policies of the General Plan.
request.
(10)Special Features. Better utilization of sites
(3) Condition. In no instance shall the residential
characterized by special features of
use area be less than fifty-one percent (51 %)
geographic location, topography, size or
of the gross floor area within the development.
shape.
(4) Conditional Uses. All conditional uses allowed
(B) Rezoning. Property may be rezoned to the
within (Residential, Commercial, Industrial)
Planned Zoning District by the City Council in
zoning Districts established in the Unified
accordance with the requirements of this chapter
Development Code shall be allowed with
and Chapter 166, Development. Each rezoning
Planning Commission approval, unless
parcel shall be described as a separate district,
otherwise specified, subject to the code
with distinct boundaries and specific design and
governing Conditional Use requests.
development standards. Each district shall be
assigned a project number or label, along with the
(D) C-PZD, Commercial Planned Zoning District
designation "PZD". The rezoning shall include the
adoption of a specific master development plan
(1) Purpose and intent. The C-PZD is intended to
and development standards.
accommodate mixed -use developments
containing any combination, including multiple
(C) R—PZD, Residential Planned Zoning District.
combinations of commercial, office or
residential uses in a carefully planned
(1) Purpose and intent. The R-PZD is intended to
configuration in such a manner as to protect
accommodate mixed -use or clustered
and enhance the availability of each
residential developments and to
independent use. The C-PZD is also intended
accommodate single -use residential
to accommodate single use commercial
developments that are determined to be more
developments that are determined to be more
appropriate for a PZD application than a
appropriate for a PZD application than a
general residential rezone. The legislative
general commercial rezone. The legislative
purposes, intent, and application of this district
purposes, intent and application of this district
include, but are not limited to, the following:
include, but are not limited to, the following:
(a) To encourage a variety and flexibility in
(a) To encourage the clustering of
land development and land use for
commercial and office activities within
predominately residential areas,
areas specifically designated to
consistent with the city's General Plan
accommodate such uses and to
and the orderly development of the city.
discourage the proliferation of
commercial uses along major
(b) To provide a framework within which an
thoroughfares and noncommercial areas.
effective relationship of different land
uses and activities within a single
(b) To provide for orderly development in
development, or when considered with
order to minimize adverse impact on
abutting parcels of land, can be planned
surrounding areas and on the general
on a total basis.
flow of traffic.
(c) To provide a harmonious relationship with
(c) To encourage orderly and systematic
the surrounding development, minimizing
commercial, office or mixed use
such influences as land use
development design or a combination
EXHIBIT "A"
ADM 09-3502
Page 14 of 15
thereof, providing for the rational
placement of activities, vehicular and
pedestrian circulation, access and
egress, loading, landscaping and
buffering strips.
(d) To encourage commercial development
which is consistent with the city's General
Plan.
(e) To accommodate larger scale suburban
developments of mixed -uses in a
harmonious relationship.
(2) All permitted uses identified within §162 Use
Units of the Unified Development Code shall
be allowed as permissible uses, unless
otherwise specified, subject to City Council
approval of the Planned Zoning District
request.
(3) Conditions.
(a) In no instance shall the commercial or
office use area be less than fifty-one
percent (51 %) of the gross leaseable floor
area within the development.
(b) Residential uses must be appropriate to
the design of the project.
(c) Warehousing and light industrial uses
shall have a gross area per use that does
not exceed five thousand (5,000) square
feet and at least twenty percent (20%) of
the floor area used for retail sales.
(4) Conditional Uses. All conditional uses allowed
within (Residential, Commercial, Industrial)
zoning Districts established in the Unified
Development Code shall be allowed with
Planning Commission approval, unless
otherwise specified, subject to the code
governing Conditional Use requests.
(E) I-PZD Industrial Planned Zoning District.
(1) Purpose and intent. The I-PZD is intended to
accommodate industrial parks and single use
industrial developments that are determined to
be more appropriate for a PZD application
than a general industrial rezone. The
legislative purpose, intent and application of
this district include, but are not limited to, the
following:
(a) To provide for manufacturing activities in a
manner compatible with the surrounding
area.
(b) To encourage the application of sound
planning and design principles in the
orderly development of industrial
(F)
activities.
(c) To maximize manufacturing potential
without adversely affecting the living
environment of the community.
(d) To encourage industrial development that
is consistent with the city's General Plan.
(2) All permitted uses identified within §162 Use
Units of the Unified Development Code shall
be allowed as permissible uses, unless
otherwise specified, subject to City Council
approval of the Planned Zoning District
request.
(3) Conditions.
(a) In no instance shall the industrial use
area be less than fifty-one percent (51 %)
of the gross leaseable floor area within
the development.
(b) Ancillary commercial and office uses shall
be compatible with the design and scale
of the project.
(c) Residential uses must be appropriate
to the scope and character of the
development.
(4) Conditional Uses. All conditional uses allowed
within (Residential, Commercial, Industrial)
zoning Districts established in the Unified
Development Code shall be allowed with
Planning Commission approval, unless
otherwise specified, subject to the code
governing Conditional Use requests.
Bulk and area regulations.
(1) Residential density. Residential densities
shall be determined on the basis of the
following considerations:
(a) The densities of surrounding
development;
(b) the densities allowed under the current
zoning;
(c) the urban development goals and other
policies of the city's General Plan;
(d) the topography and character of the
natural environment; and
(e) the impact of a given density on the
specific site and adjacent properties.
(2) Lot area and yard requirements. Taking into
consideration the unique aspects of each
project, preliminary development plans for
EXHIBIT "A"
ADM 09-3502
Page 15 of 15
Planned Zoning Districts shall conform as
closely as possible to the existing standards
for lot area minimums and setback
requirements under this chapter.
(3) Building height. There shall be no maximum
building height except as may be determined
by the Planning Commission during the review
of the preliminary development plan based on
the uses within the development and the
proximity of the development to existing or
prospective development on adjacent
properties. A lesser height may be established
by the Planning Commission when it is
deemed necessary to provide adequate light
and air to adjacent property and to protect the
visual quality of the community.
(4) Building area. The Planning Commission
shall review specific proposed lot coverages
which generally correspond to the guidelines
for lot coverage in the respective residential,
office, commercial or industrial district which
most depicts said development scheme.
(Ord. No. 4434, §1 (Ex. A), 11-19-02; Ord. 4717, 7-5-
05; Ord. 4764, 09-20-05; Ord. 4783, 10-18-05)
161.33-161.99 Reserved
(Ord. 4930, 10-03-06 repealed and re -adopted the
entire chapter)
EXHIBIT "B"
ADM 09-3502
Page 1 of 1
162.01 EstablishmenVUsting
(L) Unit 12. Limited business.*
(1) Description. Unit 12 consists of small-scale establishments offering commercial goods and services that are
accessible for the convenience of individuals living in residential districts, while compatible in size, scale and
appearance with the surrounding neighborhood. These uses shall be subject to the regulations.in Chapter 164.
All uses classified under Unit 12 must be within a building containing 3,000 square feet or less.
(2) Included uses.
Personal Services:
-Day care
(Maximum gross floor
-Dry Cleaning
area of 1500 square
-Salon/Barber shop
feet)
-Tailoring
Specialized Retail:
-Antique/home decor
(Maximum gross floor
sales
area of 2000 square
-Apparel
feet)
-Art/architectural
supplies
-Bakery, Pastry shops
-Bicycle Shops
-Book store
-Coffee shop
-Delicatessen
-Drugstore
-rood specialty stores
-Florist
-Grocery
-Hardware
-Health food store
-Hobby /Craft Stores
-ice cream
-Meat Market
-Restaurant/cafe
-Small appliance repair
-Stationary Store
-Toy store
-Video rental
Professional Offices:
-Accountant
(Maximum gross floor
-Architect
area of 3000 square
-Attorney
feet)
-Broker
•Business/Mgmt
Consultant
-Doctor
-Dentist
-Engineer
-Insurance Sales
-interior Designer
-Optometrist
-Realtor
-Welfare agency
Studios for:
-Art
(Maximum gross floor
-Dance
area of 3000 square
-Music
feet)
-Photography
-Pottery
EXHIBIT "C"
ADM 09-3502
Page 1 of 2
162.01 EstablishmenMisting
(0) Unit 15. Neighborhood shopping goods.
(1) Description. Unit 15 includes a variety of
frequently purchased commercial goods,
where convenience of location is more
important than comparative shopping. These
uses are grouped in limited areas while
prohibiting all others not necessary near the
residential districts. All uses classified under
Use Unit 15 must be within a building
containing 25,000 square feet or less.
(2) Included uses
Vehicular Sales (interior
display only)
-Barber/Salon
-Dry cleaning
-Laundry facility
-Apparel and
accessory -Bakery,
pastry shops
-Bicycle shop
-Bookstores
-Coffee shop
-Delicatessen
-Drugstore
-Electronics
-Florists
-Food specialty stores
-Furniture and Home
Decor
-Grocery
-Hardware store
Health food store
-Hobby/craft shop
-Ire cream
-Jewelry/watch sales
and repair
-Meat market
-Music instruments
-News and magazine
stand
-Optical goods
•Petshop
-Photography Studio
-Picture framing
-Shoe store
-Sporting goods
-Stationary store
-Toy store
-ATV/Motorcycle
-Boat/Personal
Watercraft (PWC
(P) Unit 16. Shopping goods.
(1) Description. Unit 16 consists of stores selling
retail goods which are ordinarily purchased
less frequently and often have a city-wide or
regional market.
(2) Included uses.
Neighborhood Shopping
All uses within Unit 15 are
Goods
also permitted within Unit
16, without restriction to
size
General Merchandise:
-Department store
-Mail order
Merchandise vending
-Sales and repair
machine operations
Home/Office:
-Appliances
.China, glassware
-Draperies, curtains
-Floor coverings
-Furniture
Personal services:
-Animal daycare
-Animal hospital
-Auctioneer
-Bindery
-Body piercing
-Costume rental service
-Detective service
-Electrical repair service
-Furniture repair,
refinishing
-Gunsmith
-interior decorating
-Linen supply and
industrial laundry
-Locksmith
-Office supplies
-Rug cleaning, repair
-Sign painting
-Tattoo and piercing
-Taxidermist
-Tool sharpening, repair
-Watch and jewelry repair
-Weight loss center
Retail
• Apparel and accessory
-Auto accessory store
-Boat and accessory store
-Dry goods
-Garden supply
EXHIBIT "C"
ADM 09-3502
Page 2 of 2
(Q) Unit 17. Transportation trades and services. (Y) Unit 25. Offices, studios and related services.
(1) Description. Unit 17 consists of
establishments engaged primarily in providing
vehicular sales, service and maintenance, and
similar services which fulfill recurrent needs of
residents of nearby areas, but are generally
incompatible with primary retail districts
because they break the continuity of retail
frontage. Uses also include those that require
transport of persons or materials on a regular
basis.
(2) Included uses.
Retail trade
-Automotive sales,
establishments, general:
-Body shops/garages
-Farm supplies and
equipment and repair
-Lawn equipment sales,
repair
-Marine craft sales,
repair
-Motorcycle sales, repair
-Truck sales
-Trailer, camping,
hauling, travel, sales
-Used car lots
Personal help:
-Auto wash
--
-Motor repair
-Packing and crating
Transportation service:
-Bus station
-Car rental
-Express service
•Helistop
-Railway terminal
-Taxicab station
(1) Description. Unit 25 consists of offices,
studios, medical and dental labs, and other
supporting services and sales.
(2) Included uses.
Medical Clinic:
• Dental office/clinic
• Medical office/clinic
Professional
• Accountant
office:
• Architect
• Attorney
• Broker
• Engineer
• Realtor
Sale of supplies
• Architecture, drafting, and art
and equipment
supplies
• Office furnishings and supplies
• Medical, optical, and dental
supplies
• Scientific instruments
Services:
• Advertising agency
• Animal daycare (10 animals or
less)
• Auto parking garage
• Bail bonding agency
• Business or management
consultant
• Computing service
• Consultant
• Data processing service
• Drafting service
• Employment agency
• Financial institution
• Funeral home
•Insurance sales
• Interior decorator
• Photocopying or printing
• Social and welfare agencies
• Travel agency
• Veterinary small animal out-
patient clinic
Studios:
• Artist's studio
• Photography studio
• Studio for teaching any of the fine
or liberal arts
EXHIBIT "D"
ADM 09-3502
Page 1 of 1
164.21 Limited Business
(A) Purpose. These regulations are intended to
mitigate the potential adverse impacts associated
with commercial uses adjacent to or within
residential areas by allowing limited neighborhood
commercial uses that are compatible in size, scale,
massing and residential appearance with adjoining
and surrounding residential uses. The following
standards shall apply:
(1) Enhance and regulate the appearance of
neighborhood commercial uses.
(2) Protect adjoining properties from the potential
adverse impacts associated with commercial
uses adjacent to residences such as traffic,
noise, appearance, lighting, drainage, and
effect on property values.
(3) Provide areas for off-street parking thatwill be
appropriate in size, location and scale within
residential areas.
(4) Provide commercial uses that are accessible
for the convenience of individuals living in
residential districts.
(5) Reduce the length and number of vehicle trips
generated by residential development.
(B) Applicability. These standards shall apply to all
conditional use requests for.Use Unit 12, Limited
Business, in any zoning district.
(C) Similar Uses Allowed. When a use is not
specifically listed as a permitted use in Use Unit 12
(Limited Business), the use may be permitted if it is
determined by the Zoning and Development
Administrator that the use is similar to other uses
listed. In determining 'similarity," the Zoning and
Development Administrator shall make all of the
following findings:
(1) The proposed use meets the purpose of this
section and the goals and policies of the
Comprehensive Land Use Plan.
(2) The proposed use shall not adversely impact
the public health, safety and general welfare
of the neighboring residents;
(3) The proposed use shall be similar to the uses
listed above considering use intensity and
characteristics.
(D) Conditions for Approval. The uses listed may be
allowed as a permitted use and shall meet the
following conditions:
(1) The proposed use shall not adversely affect
local traffic conditions on the adjoining streets.
(2) New structures located within a residential
zoning district shall incorporate design
elements similar to and compatible with those
found within the neighborhood, including
materials, roof pitch, scale, etc.
(3) New parking areas or lots, utility equipment
and trash enclosures shall be designed to
have minimal visual impact to adjacent
property owners and to the street. Screening
of these elements shall be accomplished with
plantings, walls, architectural elements, and/or
fencing.
(4) One wall sign shall be allowed with a
maximum area of eight square feet. The color
of the sign shall be compatible with the colors
of the structure, and only indirect external
lighting is permitted.
(5) Hours of operation shall be limited to Sunday
through Thursday, 6am to 9pm, and Friday
and Saturday, 6am to 11 pm, unless otherwise
further determined by the Planning
Commission.
(6) All new or enlarged structures shall comply
with the zoning requirements of the underlying
district.
(E) Design Review. The applicant shall submit the
following information to the Planning Division for
review, where applicable:
(1) A site plan drawn to scale showing location of
parking, building footprint, and: all other
improvements.
(2) Color elevation drawings of all sides of the
structure, indicating the type of materials to be
used on the exterior of the building, and
proposed sign.
(3) Landscape plan showing the location of all
proposed landscaping, size and species of
plant material.
(4) Abbreviated tree preservation plan.
EXHIBIT "E"
ADM 09-3502
Page 1 of 3
166.24 Nonresidential Design Standards
(A) Purpose. It is the intent of these standards to
provide the methods and means by which
designers and developers may achieve the
City's adopted goals to produce quality
development and to manage growth within the
City of Fayetteville. These regulations
complement the City's urban zoning districts
with site and architectural design regulations
to produce a visually interesting and high
quality development that responds to the
needs of pedestrians, cyclists and vehicular
traffic.
(B) Applicability. These design standards shall be
required to be met for properties that lie within
urban zoning districts offering administrative
approval. In addition to the City's Commercial
Design and Development Standards, the
standards apply when either new development
occurs or expansion of 25% or more of the
existing nonresidential building square footage
occurs. All sides of a building that are visible
from the public right-of-way shall be subject to
design review.
(C) General intent. The following shall apply to all
developments:
(1) Developments with multiple buildings
should be arranged to enclose and define
space in the public realm (see Image 1).
Image 1: Development form
.I
31, 92r'
;•III`°�
Figure L Encouraged Figure 2: Discouraged
compact and connected sprawling, disconnected
development form with development form with
buildings arranged to define parking surrounding the
the street and enclose building.
internal parking lots.
(2) Multiple buildings located on the same lot
should be articulated distinctly and
separately so as to not provide an
identical building on the same lot.
(3) New construction should show respect for
horizontal articulation established by
existing buildings within the immediate
area.
(4) Application of building material and
fapade articulation of the building wall
should encourage design, reinforce
rhythm, increase visual impact, and
create pedestrian interest.
(D) Building mass, scale, and articulation. The
following regulations shall applyto break down
the mass of large structures:
(1) Structures shall not exceed 200 feet in
length adjacent to the street, within a
build -to -zone.
(2) The mass of a building exceeding 100
feet in length shall be delineated into no
more than 40-foot-wide segments utilizing
changes in height and depth of the wall
plane of no less than 24 inches.
Image 2: Treatment of building mass
Single mass not permitted Delineate building mass
(3) No less than 70% of the building length
shall be broken into a minimum of two (2)
horizontal shifts in material, texture,
and/or wall plane to provide distinction
between segments (see Image 3)
(a) The middle segment shall be of
greater height than the bottom and
top segments.
image 3: Divide buildings
into segments
(4) Buildings shall be constructed with high
quality building materials. The following
materials shall be prohibited:
(a) untreated Concrete Masonry Unit
(CMU)
EXHIBIT "E"
ADM 09-3502
Page 2 of 3
(b) wood fiber board
(c) unfinished pressure treated wood
(d) Exterior Insulation Finish System
(EIFS)
(a) vinyl Siding
(f) reflective glass
(5) Building facades located within a build -to
zone shall incorporate the following:
(a) Changes in plane with a depth of at
least 24 inches, either horizontally or
vertically at intervals not less than 10
feet and not more than 40 feet; and
(b) Changes in color, texture, and
material, either horizontally or
vertically, at intervals of not less than
10 feet and not more than 40 feet.
Image 4: Shifts in wall plane depth
(6) Building facades located outside of the
build -to zone and that are visible from a
public right-of-way shall consist of the
following:
(a) Changes in plane with a depth of at
least 24 inches, either horizontally or
vertically; and
(b) Changes in color, texture, and
material, either horizontally or
vertically.
(7) Fenestration. Fenestration patterns
should encourage design, reinforce
rhythm, and create shadows. The
following shall be met to satisfy the
fenestration requirements for a principal
facade:
(a) Entryways. A primary entrance for
buildings located in a build -to zone
shall face the public street. When a
structure is not in a build -to zone, the
primary entrance shall be well-
defined from access drives,
sidewalks, and/or major parking
areas.
(i) Multiple entryways are
encouraged for all structures;
however, a building entrance
shall occur at a minimum of
every 100 feet of building facade
length that is within the build -to
zone.
(ii) Each primary entrance shall be
made visible and prominent by
using special architectural
treatment that signifies the
entrances, such as large entry
doors, porches, or protruding or
recessed entrances.
(b) Glazing. In order to create a
proportion of solids to voids and
pedestrian interest the following
standards shall apply:
(i) A building facade located within
the build -to zone shall be glazed
no less than 50% of the first or
ground floor at the pedestrian
level between 2 and 12 feet
above the sidewalk.
(ii) A building facade located
outside of a build -to zone shall
be glazed no less than 30% of
the first or ground floor at the
pedestrian level between 2 and
12 feet above the Finished Floor
Elevation (FFE).
(III) Glazing above the first story
shall not exceed 80% of the total
building wall area.
(E) Pedestrian oriented elements. Developments
that are subject to these standards shall meet
and should exceed the basic needs of
pedestrian accessibility and contribute to a
unique sense of place and community. The
following requirements are intended to define
and articulate space at the street level in order
to encourage the use and function for active
and/or passive social interaction.
(1) Buildings exceeding 50 feet in length or
width within the build -to zone shall
incorporate spatially defining building
elements and/or landscaping at a
minimum separation of 100 feet of facade
length in order to create accessible public
open space, such as a courtyard, garden,
patio, etc.
EXHIBIT "E"
ADM 09-3502
Page 3 of 3
(2) Each public space shall include seating
opportunities, such as table and chairs or
benches, and a combination of at least of
three (3) of the following elements:
(a) planters;
(b) a planting bed;
(c) public art;
(d) a water feature;
(a) a shift in pavement material between
the public right-of-way and the
structure;
(f) a covered area, such as a canopy,
awning, arcade, or portico spanning
the width of the building; or
(g) other elements approved by the
Zoning and Development
Administrator that are not included in
other sections of the design
standards and meet the intent of this
requirement.
(F) Variances. An applicant may request approval
from the Planning Commission of a variance
from the minimum requirements where unique
circumstances existing and the effect will not
adversely impact adjoining or neighboring
properties. The applicant shall provide
notification to adjacent property owners prior
to the date of the meeting.
EXHIBIT "F"
ADM 09-3502
Page I of 1
167.04 Tree Preservation And Protection During Development
Table 1
Minimum Canopy Requirements
ZONING DESIGNATIONS
PERCENT
MINIMUM
CANOPY
R-A, Residential - Agricultural
nona ricultural uses
25%
RSF-.5,Single-family Residential — One
Half Unit per Acre
25%
RSF-1,Single-family Residential — One
Unit per Acre
25%
RSF-2, Single-family Residential —Two
Units perAcre
20%
RSF-4, Single-family Residential — Four
Units perAcre
25%
RSF-7, Single-family Residential — Seven
Units perAcre
20%
RSF-8, Single-family Residential — Eight
Units perAcre
20%
R-O, Residential —Office
20%
RT-12, Two and Three-family Residential
20%
RMF-6,Multi-family. Residential — Six
Units per Acre.
20%
RMF-1 2, Multi -family Residential -Twelve
Units per Acre
20%
RMF-18, Multi -family Residential —
Ei hteen Units perAcre
20%
RMF-24, Multi -family Residential —
Twenty -Four Units per Acre
20%
RMF-40,Multi-family Residential — Forty
Units per Acre -.
20%
NS, Neighborhood Services
20%
C-1, Neighborhood Commercial
20%
CS, Community Services
20%
C-2, Thoroughfare Commercial
15%
UT, Urban Thoroughfare
15%
C-3, Central Business Commercial
15%
DC, Downtown Core
10%
MSC, Main Street Center
10%
DG, Downtown General
10%
NC, Neighborhood Conservation
20%
I-1, Heavy Commercial and Light
Industrial
15%
1-2, General Industrial
P-1, Institutional
PZD, Planned Zoning District
HHOD
If
Ordinance Amendment
Mark-up and Reference
UDC Amendments for Use Units and Zoning Districts (Mark Up)
Ord. Section 1 (new definitions)
CHAPTER 151: DEFINITIONS
Articulation (Development) The architectural
composition of combined treatment of elements
and parts of the edaes. corners, and surface of a
building.
Fenestration. (Development) An exterior
opening in the surface of a structure, such as a
window, door, clerestory window, curtain wall.
etc.
Glazing. (Development) A transparent - or
translucent material that is intearated into a
building envelope. such as a window, display
window, door, glass curtain wall. etc.
Ord. Section 2 (Add new zoning districts)
CHAPTER 160: ZONING DISTRICTS
160.01 Establishment Of Districts
The following zoning districts are hereby established:
ZONING DISTRICTS
R-A
Residential - Agricultural
RSF-.5
Residential Single-family — One Half Unit per
Acre
RSF-1
Residential Single-family —One Unit per Acre
RSF-2
Residential Single-family —Two Units per Acre
RSF-4
Residential Single-family — Four Units per Acre
RSF-7
Residential Single-family —Seven Units per Acre
RSF-8
Residential Single-family — Eight Units per Acre
RT-12
Residential Two and Three-family
RMF-6
Residential Multi-famil — Six Units per Acre
RMF-12
Residential Multi-famil —Twelve Units per Acre
RMF-18
Residential Multi -family — Eighteen Units per
Acre
RMF-24
Residential Multi -family —Twenty-Four Units per
Acre
RMF-40
Residential Multi -family — Forty Units per Acre
R-O
Residential -Office
NS
Neighborhood Service
C-1
Neighborhood Commercial
CS
Co ervices
C-2
Thoroughfare Commercial
C-3
Central Business Commercial .__..
UT
Urban Th r u hfare
DC
Downtown Core
MSC
Main Street Center
DG
Downtown General
NC
Neighborhood Conservation
1-1
Heavy Commercial and Light Industrial
1-2
General Industrial
P-1
Institutional
E-1
Extraction
DOD
Design Overlay District
R-PZD
Residential Planned Zoning District
C-PZD
Commercial Planned Zoning District
I-PZD
Industrial Planned Zoning District
Ord. Section 3 (Add limited business as CUP)
and Ord. Section 4 (Remove narking reas
from multi -family districts)
Chapter 161: Zoning Districts
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 Ci -wide uses b right
Unit 8 Sin le-famil dwellin s
Unit 41 Accesso dwellin s
(2) Conditional uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit
Government facilities
Unit 9
Two-family dwellings
Unit 12
Limited business
Unit 24
Home occupations
Unit 36
Wireless communications facilities
(C) Density.
Single-family
dwellings
Two-family
dwellin s
Units er-acre
4 or less
7 or less
(0) Bulk and area regulations.
Single-family
Two-family
dwellings
dwellings
Lot minimum
70 ft.
80 ft.
Width
Lot area minimum
8,000 sq. ft.
12,000 sq.-ft.
Land area per
8,000 sq. ft.
6,000 sq. ft.
dwellingunit
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.
dwellin unit
(E) Setback requirements.
11 Front
Side
Rear
11 15 ft.
5 ft.
15 ft.
(F) Building height regulations.
Building11 Height Maximum 45 ft.
2
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.
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.
11 Unit 1 I Ci -wide uses b right
11 Unit 8 1 Single-family dwellings
11 Unit 41 1 Accessory dwellings
(2) Conditional uses.
Unit 2
Ci -wide uses by conditional use=,ermit
Unit 3
Public protection and utili faalities '.
Unit 4
Cultural and recreational faalifies
Unit 5
Government facilities
Unit 9
Two family dwellings
Unit 12
Limited business
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 30 ft.
than two attached
(F) Lot area minimum.
Sin le-famil !3,
000 s . ft.
Two-family000 s . ft.
Townhouse, no more 000 sq. ft.
than two attached
(G) Land area per dwelling unit.
r
le-family 6,000 s . ft.
-famil 3,000 s . ft.
nhouse, no more 3,000 sq. ft.
two attached
(H) Setback requirements.
Front
I Side
I Rear
11 15 ft.
1 5 ft.
1 15 ft.
(1) Building height regulations.
11 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 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.
161.00 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 Ci -wide uses b ri ht
Unit 8 Sin le-famil dwellin s
Unit 41 Accesso dwellin s
(2) Conditional uses.
Unit 2
Ci -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 12
Limited business
Unit 24
Home gccu ations
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 25 ft.
than two attached
(2) Lot area minimum.
Sinqle-famllv 5,000 sq. ft.
Two-family 5,000 s . ft.
(3) Land area per dwelling unit.
Two-familv 1 5,000 sq. ft.
Townhouse, no more 2,500 sq. ft.
than two attached
(E) Setback requirements.
11 Front
I Side
Rear
11 15 ft.
1 5 ft.
5 ft.
(F) Height regulations.
11 Building Height Maximum 145 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.
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
Ci -wide uses by right
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three-famii dwellin s
(2) Conditional uses.
Unit 2
City-wide uses by conditional use
permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 12
Limited business
Unit 24
Home occupations
Unit 36
Wireless communications facilities
(C) Density.
Units per acre 1 12 or less
(D) Bulk and area regulations.
Single-
Two-
Three-
familv
familv
Tamil
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. ft.
per
ft.
ft.
dwelling
unit
(E) Setback requirements.
Front
Side
Rear
The principal fagade of a
8 ft.
20 ft.
building shall be built within a
build -to zone that is located
between 10' and a line 25'
from the front property line.
(F) Height regulations.
11 Building height maximum 145 ft.
(G) Building area. The area occupied by all buildings
shall not exceed 50% of the total lot area.
(H) Minimum buildable street frontage. 50% of lot
Width.
4
(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; Ord. 5224, 3-3-
09)
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
Ci -wide uses by right
Unit 8
Single -fa ildwellings
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
Unit 26
Multi -family dwellings
(2) Conditional uses.
Unit 2
City-wide uses b conditional use erni{ ,
Unit 3
Public protection and utility facilities"
Unit 4
Cultural and recreational facilities
Unit
Govemmentfacilities
Unit 11
Manufactured home park
Unit 12
Limited business
Unit 24
Home occupations
Unit 25
Professional offices
Unit 36
Wireless communications facilities
(C) Density.
Units per acre 1 6 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 and more
90 ft.
Professional offices
100 ft.
(2) Lot area minimum.
11 Manufactured home park 13 acres
Lot within a Manufactured home
ark
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.
Fratemi or Sorority2
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.
±Egernity or Sorority
1,000 sq. ft. per resident
(E) Setback requirements.
Front
Side
I Rear
The principal fagade of a building
8 ft.
25 ft.
shall be built within a build -to
zone that is located between 10'
and a line 25' from the front
roe line.
Cross reference(s)—Variances, Ch. 156.
(F) Building height regulations.
11 Buildina Height Maximum 1 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.
(H) Minimum buildable street frontage. 50% of lot
width.
(Ord. No. 4325, 7-3-01; Ord. 5028, 6-19-07; Ord. 5224, 3-3-
09)
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.
Manufactured home park
100 ft.
Lot within a manufactured home
ark
50 ft.
Single family
60 ft.
Two-family
60 ft.
Three and more
90 ft.
Professional offices
100 ft.
(2) Lot area minimum.
(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 12
Limited business
Unit 24
Home occupations
Unit 25
Professional offices
Unit 36
Wireless communications facilities
(C) Density.
Two or more bedrooms
2,000 sq.
ft.
Fraternity orSorority
1,000 sq.
ft. per resident
(E) Setback requirements.
Front
Side
Rear
The principal facade of a building
8 ft.
25 ft.
shall be built within a build -to zone
that is located between 10' and a
line 25' from the front property
line.
Cross reference(s)—Variances, Ch. 156
(F) Building height regulations.
11 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. None.
Units per acre 1 12 or less (H) Minimum buildable street frontage. 50% of lot
width.
(D) Bulk and area regulations.
(1) Lot width minimum.
flublis ri@ht Of Way.
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- famil
7 000 s . ft.
Three or more
9,000 s . ft.
Fraternity or Sorority
2 acres
Professional offices
1 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.
(Ord. No. 4325, 7-3-01; Ord. 5028, 6-19-07; Ord. 5224, 3-3-
09)
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 utili facilities
2
Unit 4
Cultural and recreational facilities
Unit
Government facilities
Unit 11
Manufactured home park
Unit 12
Limited business
Unit 24
Home occupations
Unit 25
Professional offices
Unit 36
Wireless communications facilities
(C) Density.
11 Units per acre 1 18 or less
(D) Bulk and area regulations.
(1) Lot width minimum.
Manufactured home park
100 ft.
Lot within a manufactured home
ark
50 ft.
Sin le-Mmil
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
ark
4,200 sq. $. ,
Townhouse:
Development
Individual lot
10,000 sq. ft.
2,500 sq. ft.
Sin l -family
6,000 sq. ft.
Two-family
7,000
Three or more
9 000
Fraterni or Sorority
2 acres
Professional offices
I 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. Der resident
(E) Setback requirements.
Front
Side
Rear
The principal fagade of a building
8 ft.
25 ft.
shall be built within a build -to zone
that is located between 10' and a
line 25' from the front property
line.
Cross reference(s) —Variances, Ch. 156.
(F) Building height regulations.
11 Building Height Maximum 160 ft. 11
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.
(H) Minimum buildable street frontage. 50% of lot
width.
(Ord. No. 4325, 7-3-01; Ord. 5028, 6-19-07; Ord. 5224, 3-3-
09)
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.
(1) Permitted uses.
Unit 1
City-wide uses b right
Unit 8
Sin le-famil dwellin s
Unit 9
Two-famil dwellin s
Unit 10
Three-fnmil dwellin s
Unit 26
Multi-famil dwellin s
(2) Conditional uses.
Unit 2
City-wide uses by conditional use
permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit
Government facilities
Unit 11
Manufactured home park
Wilik 12
Limited business
Unit 25
Professional offices
Unit 24
Home occupations
Unit 36
1 Wireless communications facilities
(C) Density.
11 Units per acre 1 24 or less 11
(D) Bulk and area regulations.
(1) Lot width minimum.
7
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 park
3 acres
Lot within a mobile home
ark
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 s . ft.
Fraterni or Sorori
2 acres
Professional offices
I1 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. perresidert
(E) Setback requirements.
Front
Side
Rear
The principal fagade of a
8 ft.
25 ft.
building shall be built within
a build -to zone that is
located between 10' and a
line 25' from the front
property line.
HHOD Front
HHOD
HHOD
Side
Rear
The principal fagade of a
8 ft.
15 ft.
building shall be built within
a build -to zone that is
located between 15' and a
line 25' the front
from
ro e line.
Cross reference(s)-Vadance, Ch. 156.
(F) Building height regulations.
11 Building Height Maximum 1 60ft. 11
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.
(H) Minimum buildable street frontage. 50% of lot
width.
(Code 1965, App. A., Art. 5(III); 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; Ord. 5224, 3-3-09)
161.15 District RMF-40, Residential Multi -
Family — Forty Units Per Acre
(A) Purpose. The RMF40 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
Umt 8 ^ _
Single-family dwellings
Unit 9-,
Two-family dwellings
Unit 10i-'
Three-family dwellings
Unit 26
Multi -family dwellin s
(2) Conditional uses.
Unit 2
City-wide uses by CUP
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational
facilities
Unit
Government facilities
Unit 11
Manufactured home park
Unit 12
Limited business
Unit 24
Home occupation
Unit 25
Professional offices
Unit 36
1 Wireless communications facilities
(C) Density.
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-family60
ft.
Three or more
90 ft.
n
11 Professional offices I 100 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. ft.
2,500 sq. ft.
Single-family
6,000 sq. ft.
Two-family
6.500 sq. ft.
Three or more
11,000 sq. ft.
El
Fraternityorority
raterni or S
1 acre
(3) Land area per dwelling unit.
Manufactured home park
3 000 s . 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
R..ear......
The principal facade of a building
8 ft.
20'ft.':
shall be built within a build -to zone
that is located between 10' and a
line 25' from the front property
line.
Cross references) --Variance, Ch. 156.
(F) Building height regulations.
11 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. None.
(H) Minimum buildable street frontage. 50% of lot
width.
11
Ord. Section 5. Exhibit "A" (Add new zoning
districts and modify some existing ones)
161.16 Neiahborhood Services
(A) Purpose. The Neighborhood Services district is
designed to serve as a mixed use area of low
intensity. Neighborhood Services promotes a
walkable. pedestrian -oriented neighborhood
development form with sustainable and
complementary neighborhood businesses that
are compatible in scale, aesthetics, and use
with the surroundina land uses. For the
purpose of Chapter 96: Noise Control. the
Neighborhood Services district is a residential
zone.
(B) Uses
(1) Permitted uses
Unit 1
City -Wide uses by ri ht
Unit 8
Sincile-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three-familydwellings
Unit 12
Limited Business
Unit 24
Home occu ations
Unit 41
Accessory dwellina units
Sinale-family 4.000 s . ft.
Two-family or more 3,000 so. ft. of lot area
er dwellincl unit
All other permitted
and conditional uses None
(E) Setback regulations
Front:
The principal facade of a
building shall be built
within a build -to zone
that is located between
10 feet and a line 15 feet
from the front properly
line.
Side:
5 feet
Rear:
1 15 feet
(F) Building height regulations.
Building Hei ht Maximum I45 ft.
(G) Building area. On any lot, the area occupied by
all buildinas shall not exceed 60% of the total
area of the lot.
161.4617 District R-O, Residential Office
Note: Any combination of above uses is permitted "
upon any lot within this zone. Conditional uses shall, (A) Purpose. The Residential -Office District is
need approval when combined with ore approved' designed primarily to provide area for offices
without limitation to the nature or size of the
uses. office, together with community facilities,
(2) Conditional uses restaurants and compatible residential uses.
Unit 2
1 Ci -wide uses by conditional use
Unit 3
1 Public orotection and utility facilities
Unit 4
I Cultural and recreational facilities
Unit 5
Government Facilities
Unit 13
Eatina olaces
Unit 15
1 Neighborhood sh0QQlna cioods
Unit 19
Commercial recreation small sites
Unit 25
Offices studios and related services
Unit 26
Multi -family dwellings
Unit 36
1 Wireless communication facilities
Unit 40
1 Sidewalk cafes
(C) Density. 10 Units Per Acre.
(D) Bulk and Area
(1) Lot width minimum
Single-family
35 feet
Two-family70
feet
Three or more
90 feet
All other uses
None
(2) Lot area minimum.
(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
Limited business
Unit 25
Offices, studios,
and related services
(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 occu ations
Unit 26
Multi-famil dwellinq s
10
Unit 36 Wireless communications facilities
Unit 42 Clean technolo ies
(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. ft.
2,500 sq. ft.
Single-family
6,000 sq. ft.
Two-family
6 s . ftft.
Treemr mor
650
FatSheor
1 acre
(3) Land area per dwelling unit.
No bedroom
One bedroom
Two or more t
Fratemitv or S
(D) Density.
1,000 sq. ft.
1,000 sq. ft.
sq. tt. per
11 Units eer acre 124 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.
(F) Building height regulations.
LBuilding 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.
161.E 18 District C-1, Neighborhood
Commercial
(A) Purpose. The Neighborhood Commercial District
is designed primarily to provide convenience
goods and personal services for persons living in
the surrounding residential areas.
(B) Uses.
(1) Permitted uses.
Unit 1
Ci -wide uses by right
Unit 5
Government Facilities
rWnit2
Uhit`13 `
Eating laces
Unit 18;
Neighborhood shopping goods
UR 25h
Offices, studios,
and Misted services
(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 16
Shopping s
Unit 34
Liquor stores
Unit 35
Outdoor music establishments
Unit 36
Wireless communications facilities
Unit T.I
Sidewalk Cafes
Unit 42
1 Clean technologies
(C) Density. None.
(D) Bulk and area regulations. None.
(E) Setback regulations.
Front
50 ft.
Side
None
Side, when contiguous to a
residential district
10 ft.
Rear
20 ft.
11
(F) Height regulations. There shall be no maximum
height limits in C-1 District, provided, however,
that any building which exceeds the height of 10
feet shall be setback from any boundary line of
any residential district a distance of one foot for
each foot of height in excess of 10 feet.
(G) Building area. On any lot the area occupied by
all buildings shall not exceed 40% of the total
area of such lot.
161.19 Community Services
(A) Purpose. The Community Services District is
designed orimarily to provide convenience goods
and personal services for persons livina in the
surrounding residential areas and is intended to
provide for adaptable mixed use centers located
alona commercial corridors that connect denser
development nodes. There is a mixture of
residential and commercial uses in a traditional
urban form with buildinas addressing the street.
For the purposes of Chapter 96: Noise Control.
the Community Services district is a commercial
zone. The intent of this zoning district is to
provide standards that enable development to be
approved administratively.
B Uses.
(1) Permitted uses.
Unit 1
Ci -wide uses bv riht
Unit 4
Cultural and recreational facilities
Unit
Government facilities
Unit 8
Slnule-familv dwellin s
Unit 9
Two mily dwellin s
Unit 10
Three-family dwellings
Unit 13
Eating laces
Unit 15
Nei hborhood shODDina coods
Unit 18
Gasoline service stations and drive-in
restaurants
Unit 24
Home occupations
Unit 25
Offices studios and related services
Unit 26
Multi -family dwellin s
Note: Any combination of above uses is permitted
upon any lot within this zone. Conditional uses shall
need approval when combined with pre-ai mroved
uses.
(2) Conditional uses.
Unit 2
City-wide uses by
conditional use oermit
Unit 3
Public protection and utility facilities
Unit 14
Hotel motel and amusement services
Unit 16
Showing oods
Unit 17
Transl2ortation, trades and services
Unit 19
Commercial recreation small sites
Unit 28
Center for collectina
recyclable materials
Unit 34
Liquor stores
Unit 35
Outdoor music establishments
Unit 36
Wireless communication facilities
Unit 40
Sidewalk Cafes
Unit 42
Clean technolo ies
(C) Density. None
(D) Bulk and area regulations.
(1) Lot width minimum.
Single-family dwelling 18 ft.
All others INone
(2) Lot area minimum. None
(E) Setback regulations.
Front:
The principal facade of a
building shall be built
within a build -to zone
that is located between
10 feet and a line 25 feet
from the front property
line.
Side and rear:
None
Side or rear. when
15 feet
contiguous to a residential
district:
(F) Height regulations. Maximum height is 4 stories
or 56 feet which ever is less.
(G) Minimum buildable street frontage. 65% of the lot
width.
161.49 20 District C-2, Thoroughfare
Commercial
(A) Purpose. The Thoroughfare Commercial District
is designed especially to encourage the
functional grouping of these commercial
enterprises catering primarily to highway
travelers.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government Facilities
Unit -1
Unit 13
Eating laces
Unit 14
Hotel, motel, and amusement facilities
UR4-15
12
Unit 16
Shopping oods
Unit 17
Transportation trades
and services
Unit 18
Gasoline service stations & drive-in
restaurants
Unit 19
Commercial recreation, small sites
Unit 20
Commercial recreation, large sites
Unit 25
Rrefessie� Offices, studios, and
related services
Unit 33
Adult live entertainment club or bar
Unit 34
Li uor store
(2) Conditional uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 21
Warehousing and wholesale
Unit28
Center for collecting recyclable materials
Unit 29
Dance Halls
Unit 32
Sexually oriented business
Unit 35
Outdoor music establishments
Unit 36
Wireless communications facilities
Unit 38
Mini -stow a units
Unit 40
I Sidewalk Cafes
Unit 42
1 Clean technologies
(C) Density. None.
(D) Bulk and area regulations. None.
(E) Setback regulations.
Front
50 ft.
Side
None
Side, when contiguous to
a residential district
15 ft.
Rear
20 ft.
(F) Height regulations. In District C-2 any building
which exceeds the height of 20 feet shall be set
back from any boundary line of any residential
district a distance of one foot for each foot of
height in excess of 20 feet. No building shall
exceed six stories or 75 feet in height.
(G) Building area. On any lot, the area occupied by
all buildings shall not exceed 60% of the total
area of such lot.
161.21 Urban Thorounhfare
(A) Purpose. The Urban Thoroughfare district is
designed to provide goods and services for
persons living in the surrounding
communities. This district encourages a
concentration of commercial and mixed use
development that enhances function and
appearance along major thoroughfares.
Automobile -oriented development is
revalent within this district and a wide range
of commercial uses are permitted. For the
purposes of Chapter M Noise Control. the
Urban Thoroughfare district is a commercial
zone. The intent of this zoning district is to
provide standards that enable development
to be approved administratively.
B Uses.
(1) Permitted uses
-wide uses b riht
Cultural and recreational facilities
Government facilities
Sin le-famii dwellin s
Two-famil dwellin s0
jUnitlCih
Three-famii dwellin s
3
Eatin laces
4
Hotel motel and amusement services
6
Sho in oods
7
Trans ortation trades and services
Unit 18
Gasoline service stations and drive-in
restaurants
Unit 19
Commercial recreation small sites
Unit 24
Home occupations
Unit 25
Offices studios and related services
Unit 26
Multi-famil dwellin s
Unit 34
Li uor store
Unit41:'
Accesso Dwellings
Note: Any combination of above uses is permitted
upon any lot within this zone. Conditional uses shall
need approval when combined with ore -approved
uses.
(2) Conditional uses
-wide uses b conditional use ermit
Public rotection and utili facilities
Commercial recreation la a sites
W rehousin and wholesale
jUnitCi
Center for collectin rec clable materials
Dance halls
Adult live entertainment clubor bar
Outdoor music establishments
Unit 36
Wireless communication facilities
Unit 38
Mini-stora a units
Unit 40
1 Sidewalk cafes
Unit 42
1 Clean technolo ies
(C) Density. None.
(D) Bulk and area regulations.
(1) Lot width minimum
Sin le-famil dwellin 18 feet
Al, otherdwellin s I None
13
Non-residential I None
(2) Lot area minimum None
(E) Setback regulations.
Front:
The DrncOal facade of a
buildina shall be built
within a build -to zone
that is located between
10 feet and a line 25 feet
from the front orooerty
line.
Side and rear:
None
Side or rear. when
15 feet
continuous to a residential
district:
(F)
(G) Minimum buildable street frontage. 50% of the
lot width.
161.49-22 District C-3, Central
Commercial
(A) Purpose. The Central Commercial District is
designed to accommodate the commercial and
related uses commonly found in the central
business district, or regional shopping centers
which provide a wide range of retail and personal
service uses.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Units
Government facilities
. nit42
Unit 13
Eating laces
Unit 14
Hotel, motel and amusement facilities
URR 5
Unit 16
Shopping oods
Unit 18
Gasoline service stations & drive-in
restaurants
Unit 19
Commercial recreation, small sites
Unit 25
PFafeAAmnnAl Affigos Offices studios
and related services
Unit 26
Multi -family dwellings
Unit 34
Liquor stores
(2) Conditional uses.
Unit 2
1 City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit17
Transportation
trades and services
Unit 28
Center for collecting recyclable
materials
Unit 29
Dance Halls
Unit 35
Outdoor music establishments
Unit 36
Wireless communications facilities
Unit 40
Sidewalk Cafes
Unit 42I
Clean technologies
(C) Density. None.
(D) Bulk and area regulations. None
(E) Setback regulations.
. _.
Central
Business
Shopping
District
Center
Front
5 ft.
25 ft.
Front, if parking is
allowed between
the right-of-way
and the building
50 ft.
50 ft.
Side
None
None
Side, when
contiguous to a
residential district
10 ft.
25 ft.
Rear, without
easementoralley
1 15 ft.
25 ft.
Rear, from center
line of a public
alley
10 ft.
loft.
(F) Height regulations. Maximum height is six stories
or 84 feet whichever is less. Above four stories,
there shall be a stepback of the building's
principal facade of at least fifteen feet. The
height shall be measured from the mean
elevation of the finished grade or sidewalk at the
frontage line, whichever is higher, to the eave of
the roof or cornice for a building with a parapet.
14
161.26 23 Downtown Core
(A) Purpose. Development is most intense, and land
use is densest in this zone. The downtown core
is designed to accommodate the commercial,
office, governmental, and related uses commonly
found in the central downtown area which
provides a wide range of retail, financial,
professional office, and governmental office uses.
For the purposes of Chapter 96: Noise Control,
the Downtown Core district is a commercial zone.
(B) Uses.
(1) Permitted uses.
Unit 1
Ci -wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
Wnit 42
Unit 13
Eatinq places
Unit 14
Hotel, motel, and amusement facilities
UPA .5
Unit 16
Shopping oods ....
Unit 17
Transoortation„
trades and services
Unit 19
Commercial recreation, small sites
Unit 24
Home occupations
Unit 25
PrafeRsi net affiees Offices, studios,
and related services
Unit 26
1 Multi-famil dwellin s
Unit 34
1 Liquor stores
Front
The principal fagade of
a building shall be built
within a build -to zone
that is located between
the front property line
and a line 25 ft. from the
front property line.
Side asiRg strseF
the front prepeFty "Re
ARd .. 1'.... 29 fF fFGFA the
Sid^, *#eR%g
None
Rear, w itkeuE
easeffiegwpalley
5 ft.
Rear, from center line
12 ft.
of an eassmeator-alley
(F) Minimum buildable street frontage. 80% of lot
width.
(G) Height regulations. Maximum height is 12 stories
or 168 feet which ever is less.
161.24 24 Main Street/Center
(A Purpose. A greater range of uses is expected
and encouraged in the Main Street / Center. The
Center is more spatially compact and is more
likely to have some attached buildings than
Downtown General or Neighborhood
Conservation. Multi -story buildings in the Center
are well -suited to accommodate a mix of uses,
such as apartments or offices above shops.
Lofts, livelwork units, and buildings designed for
changing uses over time are appropriate for the
Main Street/Center. The Center is within walking
Note: Any combination of above uses is permitted distance of the surrounding, primarily residential
upon any lot within this zone. Conditional uses shall areas. For the purposes of Chapter 96: Noise
need approval when combined with pre -approved Control, the Main Street Center district is a
uses. commercial zone.
(2) Conditional uses.
Unit 2
City-wide uses by conditional use
permit
Unit 3
Public protection and utility facilities
Unit 29
Dance Halls
Unit 35
Outdoor music establishments
Unit 36
Wireless communication facilities
Unit 40
Sidewalk Cafes
Unit 42
Clean technologies
(C) Density. None.
(D) Bulk and area regulations. None.
(E) Setback regulations.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Units
Government facilities
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
URA-14
Unit 13
Eatinq places
Unit 14
Hotel, motel, and amusement facilities
WAA-15
Unit 16
Shoeping goods
Unit 17
Trans ortation
15
trades and services
Unit 19
Commercial recreation, small sites
Unit 24
Home occupations
Unit 25
Offices, studios,
and related services
Unit 26
Multi -family dwellings
Unit 34
Liquor stores
Note: Any combination of above uses is permitted
upon any lot within this zone. Conditional uses shall
need approval when combined with pre -approved
uses.
(2) Conditional uses.
Unit 2
City-wide uses by conditional use
permit
Unit 3
Public protection and utility facilities
Unit 18
Gasoline services stations and drive
in restaurants
Unit 28
Center for collecting recyclable
materials
Unit 29
Dance halls
Unit 35
Outdoor music establishments
Unit 36
Wireless communication facilities
Unit 40
Sidewalk Cafes
Unit 42
Clean technologies
(F) Minimum buildable street frontage. 76% of lot
width.
(G) Height Regulations. A building or a portion of a
building that is located between 0 and 15 feet
from the front property line or any master street
plan right-of-way line shall have a maximum
height of 4 stories or 56 feet, whichever is less. A
building or a portion of a building that is located
15 feet or greater from the front property line or
any master street plan right-of-way line shall
have a maximum height of 6 stories or 84 feet,
which ever is less.
161.22 25 Downtown General.
(A) Purpose. Downtown General is a flexible zone,
and it is not limited to the concentrated mix of
uses found in the Downtown Core or Main Street
/ Center. Downtown General includes properties
in the neighborhood that are not categorized as
identifiable centers, yet are more intense in use
than Neighborhood Conservation. There is a
mixture of single-family homes, rowhouses,
apartments, and live/work units. Activities
include a flexible and dynamic range of uses,
(C) Density. None. from public open spaces to less intense
residential development and businesses. For the
(D) Bulk and area regulations. purposes of Chapter 96: Noise Control, the
Downtown General district is a residential zone.
(1) Lot width minimum.
(B) Uses.
Dwelling all unit es 18 ft.
(1) Permitted uses.
(2) Lot area minimum. None.
(E) Setback regulations.
Front
The principal fagade
of a building shall be
built within a build -to
zone that is located
between the front
property line and a
line 25 ft. from the
front Drooertv line.
Soda, faGiAg e
The
efa buildiagshall be
built within a build te
between thefrer+t
pinepwty IiRe and a
line 25 tt. freaa tke
Side-,+atemW
None
Rear, yaitgeut easerneat
epamey
5 ft.
t
Rear, from center line of
12 ft. -
Unit 1
Ci -wide uses by right
Unit 4
Cultural and recreational facilities
Units
Government facilities
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
Unit 13
Eatinq places
15
Nei hborhood sho in goods
Unit 24
Home occu ations
[Unit
Unit 25
Offices, studios,
and related services
Unit 26
Multi-familv dwellin s
Note: Any combination of above uses is permitted
upon any lot within this zone. Conditional uses shall
need approval when combined with pre -approved
uses.
(2) Conditional uses.
Unit 2 1 City-wide uses b
16
conditional use permit
Unit 3
Public protection and utility facilities
Unit 14
Hotel, motel and amusement services
Unit 16
Shopping oods
Unit17
Transportation
trades and services
Unit 19
Commercial recreation, small sites
Unit 28
Center for collecting
rec clable materials
Unit 36
Wireless communication facilities
Unit 40
1 Sidewalk Cafes
(C) Density. None
(D) Bulk and area regulations.
(1) Lot width minimum.
Dwelling all unit es 18 ft.
(2) Lot area minimum. None.
(E) Setback regulations.
Front
The principal facade of
a building shall be built
within a build -to zone
that is located between
the front property line .
and a line 25 ft. from the.,
front property line.,
Side, facing skeet
The pFinsipal fagade of
a buildiRg shall be bulk
to zone
Side-,atemal
None
Rear; witheut
5 ft.
Rear, from center line
12 ft.
of an easerneni-er alley
(F) Minimum buildable street frontage. 50% of lot
width.
(G) Height regulations. Maximum height is 4 stories
or 56 feet which ever is less.
161.23 26 Neighborhood Conservation
(A) Purpose. The Neighborhood Conservation zone
has the least activity and a lower density than the
other zones. Although Neighborhood
Conservation is the most purely residential zone,
it can have some mix of uses, such as civic
buildings. Neighborhood Conservation serves to
promote and protect neighborhood character. For
the purposes of Chapter 96: Noise Control, the
Neighborhood Conservation district is a
residential zone.
(B) Uses.
(1) Permitted uses.
Unit 1
Ci -wide uses by right
Unit 8
Single-family dwellings
Unt 9
Two-family dwellings
Unit 41
Accesso 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 10
Three-family dwellings
Unit 12
Limited Business
Unit 24
Home occupations
Unit 25PFafassional
afflAeR Offices, studios.
and related services
Unit28
Center for collecting
recyclable materials
Unit 36
Wireless communication facilities
(C) Density. 10 Units Per Acre.
(D) Bulk and area regulations.
(1) Lot width minimum.
Sin le Fa mil 40 ft.
Two Family so-ft. 80 ft.
Three Family 6". 90 ft.
(2) Lot area minimum. 4,000 Sq. Ft.
(E) Setback regulations.
Front
The principal facade of
a building shall be built
within a build -to zone
that is located between
the front property line
and a line 25 ft. from the
front property line.
Side faringstreet
that MR Innated hAbA.FeeR
the (rent pPsyeR� lice
Side, intenaal-if
5 ft.
unit
Side rote aE if
646
17
adjoining a di#ereat
use -unit
Rear-, aitgeat
5 ft.
Rear, from center line
of an easernente*-alle
12 ft.
(F) Minimum buildable street frontage. 40% of lot
width.
(G) Height regulations. Maximum height is 3 stories
or 45 feet which ever is less.
161.24 27 District 1-1, Heavy Commercial
And Light Industrial
(A) Purpose. The Heavy Commercial District is
designed primarily to accommodate certain
commercial and light industrial uses which are
compatible with one another but are
inappropriate in other commercial or industrial
districts. The Light Industrial District is designed
to group together a wide range of industrial uses,
which do not produce objectionable
environmental influences in their operation and
appearance. The regulations of this district are
intended to provide a degree of compatibility
between uses permitted in this distdct and those
Unit 36 Wireless communications facilities
Unit 38 Mini -storage units
(C) Density. None.
(D) Bulk and area regulations. None.
(E) Setback regulations.
Front, when adjoining A or R districts
50 ft.
Front, when adjoining C, I, or P districts
222
Side, when adjoining A or R districts
50 fl.
Side, when admoining C, I, or P districts
10 ft.
Rear, when adjoining C, I, or P districts
I 10 ft.
(F) Height regulations. There shall be no maximum
height limits in 1-1 District, provided, however,
that any building which exceeds the height of 25
feet shall be set back from any boundary line of
any residential district a distance of one foot for
each foot of height in excess of 25 feet.
(G) Building area. None.
161.2-5-28 District 1-2, General Industrial
in nearby residential districts. (A) Purpose. The General Industrial District is
designed to provide areas for manufacturing and
(B) Uses. industrial activities which may give rise to
sutjstantial environment nuisances, which are
(1) Permitted uses. objectionable to residential and business use.
Unit 1
City-wide uses by right
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government Facilities
Unit 6
Agriculture
tInk
Unit 13
Eating laces
Unit 17
Trades aAd sea4ses Transportation trades
and services
Unit 18
Gasoline service stations & drive-in
restaurants
Unit 21
Warehousing and wholesale
Unit 22
Manufacturing
Unit 25
PFAfegginnAl mffinAg Offices, studios, and
related services
Unit 27
Wholesale bulk petroleum storage
facilities with underground storage tanks
Unit 42
1 Clean technologies
(2) Conditional uses.
Unit 2
Cit -wide uses by conditional use permit
Unit 19
1 Commercial recreation, small sites
Unit 20
1 Commercial recreation, large sites
Unit 28
1 Center for collecting recyclable materials
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 3
Public protection and utility facilities
Unit 5
Government Facilities
Unit 6
Agriculture
Unit 7
Animal husbandry
l:lnit 44
Unit 18
Gasoline service stations & drive-in
restaurants
Unit 20
Commercial recreation, large sites
Unit 21
Warehousing and wholesale
Unit 22
Manufacturing
Unit 23
Heavy industrial
Unit 25
Offices studios and related services
U11it28
Center for collecting recyclable materials
Unit 42
Clean technologies
(2) Conditional uses.
Unit 2 City-wide uses by conditional use permit
Unit 31 Facilities emitting odors and facilities
handlinq explosives.
Unit 36 1 Wireless communications facilities
in
11 Unit 38 1 Mini -storage Units
11 Unit 39 1 Auto salva a and'unk ards
(C) Density. None.
(D) Bulk and area regulations. None.
(E) Setback regulations.
Front, when adjoining A
or R districts
100 ft.
Front, when adjoining C, I
or P districts
50 ft.
Side, when adjoining A or
R districts
50 ft.
Side, when adjoining C, I
or P districts
25 ft.
Rear
25 ft.
(F) Height regulations. There shall be no maximum
height limits in 1-2 Districts, provided, however,
that any building which exceeds the height of 25
feet shall be setback from any boundary line of
f
(b) All signs shall otherwise comply with
Chapter 174 Signs and any variance
shall be considered pursuant to §
156.06 of the Unified Development
Code.
zso•
Curb Cuts Must be a
at Least 250' from
Intersection
any residential distnct a distance of one foot or
each foot of height in excess of 25 feet.
(G) Building area. None. develf shall FReet all these
requ' a AeRte—regulating—large scale
161.26 29 District P-1, Institutional .
Everything remains the same
161.E 30 District E-1, Extraction
Everything remains the same
161.28 31 Design Overlay District (1-540
Highway Corridor)
(D) Nonresidential site design and development
standards.
(1) Greenspace. A minimum of 25 feet of
landscaped greenspaoe exclusive of right-of-
way shall be provided along the highway
right-of-way and any public street to which
the development has frontage. Parking lots
shall not encroach into the greenspace and
shall be screened when abutting a required
greenspace area. Trees shall be planted at
the interval of one tree per 30 linear feet of
greenspace area when practicable.
(2) Signs
(a) The only permitted free standing signs
shall be monument signs. Only indirect
lighting may be used for illumination of
all signs.
(8) (F) Exemptions.
161.29- 32 Planned Zoning District
Everything remains the same
161.30 33-161.99 Reserved
19
Ord. Section 6 (Rename use units)
CHAPTER 162: USE UNITS
162.01 Establishment/Listing
The various use units referred to in the zoning district
provisions are herein listed in numerical order. Within
the use units, the permitted uses are ordinarily listed
in alphabetical order. In these use units where there
is a preliminary descriptive statement (which may
mention specific uses) in addition to the detailed list of
uses, the detailed list shall govern. The asterisk (`)
next to a specific use indicates that the use has
special conditions as required by Chapter 163, Use
Conditions and Chapter 164 Supplemental
Regulations.
Unit 1
City-wide uses by right
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit
Cultural and recreational facilities
Unit
Government facilities
Unit
A dculture
Unit 7
Animal husbandry
Unit
Single-family dwellin s
Unit
Two-family dwellings
Unit 10
Three-family dwellings
Unit 11
Manufactured home park
Unit 12
Limt ed,.
business
Unit 13
Ealing laces77
Unit 14
Hotel, motel and amusement facilities '
Unit 15
Neighborhood shopping oods
Unit 16
Shopping oods
Unit 17
SFadesnd sewises Transportation trades
and services
Unit 18
Gasoline service stations & drive-in
restaurants
Unit 19
Commercial recreation, small sites
Unit 20
Commercial recreation, large sites
Unit 21
Warehousing and wholesale
Unit 22
Manufacturing
Unit 23
Heavy industrial
Unit 24
Home occupation
Unit 25
Frefessieaaf-ems Offices. studios. and
related services
Unit 26
Mufli-famlly dwellings
Unit 27
Wholesale bulk petroleum storage facilities
with underground storage tanks
Unit 28
Center for collecting recyclable materials
Unit 29
Dance halls
Unit 30
Extractive uses
Unit 31
Facilities emitting odors & facilities handling
explosives
Unit 32
Sexually oriented business
Unit 33
Adult live entertainment club or bar
Unit 34
Liquor stores
Unit 35
Outdoor music establishments
Unit 36
Wireless communications facilities
Unit 37
Manufactured homes
Unit 38
Mini -storage units
Unit 39
Auto salvage and junk yards
Unit 40 1
Sidewalk Cafes
Unit 41 Accesso dwellings
Unit 42 Clean technolo ies
Unit 43 1 Animal boardin2 and training
Ord. Section 7 (Modify soecitic uses)
B) Unit 2. City-wide uses by conditional use permit.
(1) Description. Unit 2 consists of uses which
may be conducted anywhere in the territorial
jurisdiction, but which can be objectionable
to nearby uses and are therefore permitted
subject to conditional use permits in all
districts.
(2) Included uses.
Public and private facilities:
due -shop
-Airport, flying fields and
heliport
-Bed and breakfast facilities'
-Campground
-Plant nursery
-RV sewage disposal facility
-Solid waste disposal facility
-Water recreation area
Temporary facilities:
-Carnival, circus, and tent
revival'
-Construction facility
-Real estate sales office
(located at a specific
location in an
underdeveloped subdivision
and operated for the
purpose of developing said
subdivision)
•ractrool and church facility
CD162:20
Ord. Section 8. Exhibit "B" (Rewrite Unit 12
as "limited business')
EXISTING
PROPOSED
(L) Unit 12. Limited business. *
(1) Description. Unit 12 consists of small-scale
establishments offednq commercial goods
and services that are accessible for the
convenience of individuals living in
residential districts, while compatible in size,
scale and appearance with the surrounding
neighborhood. These uses shall be subject
to the regulations in Chapter 164. All uses
classified under Unit 12 must be within a
building containing 3.000 sauare feet or less.
(2) Included uses.
Personal Services
-Day care
(Maximum aross floor
-Dry Cleaning
area of 1500 square feet)
-Salon/Barber shoo
-Tailodna
Specialized Retail
•Antaue/home decor
(Maximum aross floor
sales
area of 2000 sauare feet)
-Apparel
•Artlarchitectural supplies
-Bakery. Pastry shoos
•Bicvde Shoos
-Book store
-Coffee shoo
-Delicatessen
•Dwastore
-Food soecialty stores
-Florist
•Gro
•Hardware
-Health food store
•Hobby/Craft Stores
•Ice cream
-Meat Market
-Restaurant/cafe
-Small appliance repair
-Stationary Store
-Toy store
-Video rental
Professional Offices
•Accountant
(Maximum aross floor
•Architect
area of 3000 sauare feet)
•A me
•Broker
-Business/Momt
Consultant
•Doctor
•Dentis
•Enaineer
-insurance Sales
-interior Designer
•Optometrist
•Realtor
-Welfare aa
Studios for
*Art
(Ma)imum aross floor
-Dance
area of 3000 sauare feet)
•Music
•Photoaraohv
-Pottery
21
Ord. Section 9. Exhibit "C" !Rewrite Units 15,
15 17 25
EXISTING
(0) Unit 15. Neighborhood shopping goods.
(1) Description. Unit 15 includes a variety of
frequently purchased commercial goods,
where convenience of location is more
important than comparative shopping.
These uses are grouped in limited areas
While prohibiting all others not necessary
near the residential areas. districts. All uses
classified under Unit 15 must be within a
building containina 25,000 sauare feet or
less.
(2) Included uses.
PROPOSED
(0) Unit 15. Neighborhood shopping goods.
(1) Description. Unit 15 includes a variety of
frequently purchased commercial goods,
where convenience of location is more
important than comparative shopping.
These uses are grouped in limited areas
while prohibiting all others not necessary
near the residential districts. All uses
classified under Unit 15 must be within a
buildina containing 25,000 square feet or
less.
(2) Included uses.
•Blcyde shop
-Bookstores
' -Coffee shop
-Delicatessen
•Druastore
-Electronics
•Florists
-Food specialty stores
-Furniture and Home
Decor
.Groce
-Hardware store
-Health food store
-Hobby/craft shoo
-Ice cream
-Jewelry/watch sales and
repair
Meat madcet
-Music instruments
-News and magazine
stand
-Optical goods
•Petshoo
-Photography Studio
-Picture framina
•AMMotorcvcle
-Boat/Personal Watercraft
22
EXISTING
(P) Unit 16. Shopping goods.
(1) Description. Unit 16 consists of stores
selling retail goods which are ordinarily
purchased less frequently and often have a
o „g r-wide or regional market.
PROPOSED
(P) Unit 16. Shopping goods.
(1) Description. Unit 16 consists of stores
selling retail goods which are ordinarily
purchased less frequently and often have a
ci -wide or regional market.
(2) Included uses. (2) Included uses.
Neiahborhood Shopping
All uses within Unit 15 are
Goods
also permitted within Unit
16 without restdctlon to size
General Merchandise:
•Deoarhnent store
-Mail order
Merchandise vending
-Sales and repair
machine o erafions
Home/Office:
-Appliances
-China. glassware
-Draperies. curtains
-Floor coverinas
-Furniture
Personal services:
-Animal davcare
-Animal hospital
•Auctioneer
-Bindery
-Body Diercina
-Costume rental service
*Detective service
-Electrical repair service
-Furniture
repair. refinishina
-
-Gunsmith
-interior decoratina
-Linen supply and industrial
laundry
-Locksmith
'Office SUDDIIeS
-Rua cleaning. repair
-Sion paintina
-Tattoo and piercing
•T"dermist
-Too] sharoenina. repair
-Watch and jewelry repair
-Welch-Welcht loss center
R ail
• Apparel and accessory
-Auto accessory store
-Boat and accessory store
-Dry roods
-Garden SUDDIV
23
EXISTING
PROPOSED
(Q) (Q) Unit 17. Transportation trades and services.
5snerak
-Buses
-MaAUftGtUFed home sales
-MeteFeyele sales,
sewise and Fepa
servise-and repair
-TraileF-salesaamping,
haU"Rg, tFaVel
-Used caNets
persons or materials on a reoular basis.
(2) Included uses.
Retail trade establishments.
-Automotive sales.
-Body shoos/aaraaes
eo neral:
-Faun supplies and
eouipment and repair
-Lawn eouipment sales.
repair
.Marine craft sales, repair
-Motorcycle sales, repair
,Truck sales
-Trailer, camping. hauling.
travel, sales
car lots
Personal help:
-Auto wash
-Motor repair
-Pacidna and cralina
Transportation service:
-Bus station
-Car rental
dress service
-Hell
-Railway terminal
•T �ocab sta in
24
EXISTING
PROPOSED
(Y) (1) Unit 25. Studios, offices and related services.
(1) Description. Unit 25 consists of offices,
studios medical and dental labs and other
supporting services and sales.
(2) Included uses.
Medical Clinic:
• Dental officelclinic
•Medical officelclinic
Professional
• Accountant
office:
• Archhect
• Attorney
• Broker
• Engineer
• Realtor
Sale of supplies
• Architecture . drafting, and art supplies
and eauipment
• Office fumishings and supplies
• Medical. optical. and dental supplies
• Scientific instruments
Services:
• Advertising agency
• Animal daycare (10 animals or less)
• Auto parking aaraoe
• Bail bonding agency
• Business or management consultant
• Comoutina
service
• Consultant
• Data orocessina service
• Draffino service
• Employment agencv
• Financial institution
-
• Funeral home
• Insurance sales
• Interior decorator
• Photocopying or printing
• Social and welfare agencies
• Travel aaencv
• Veterinary small animal out -patient
clinic
Studios:
• Arfist's studio
• Photography studio
•.-Studio for teaching any of the fine or
liberal arts
25
Ord. Section 10 (Remove obsolete use, include towinalimoound)
(U) Unit 21. Warehousing and wholesale.
(1) Description. Unit 21 includes warehousing, wholesaling and trucking of the type which is usually located to
serve the central business district and is easily serviced by rail and highway transportation.
(2) Included uses.
Building material
-Air conditioning
establishments:
-Building materials
-Electrical supply
-Glass
-Heating equipment
-Lumber
-Paint
-Plumbing supplies
-Wallpaper
Fuel aadaee establishments:
-Bottled gas
-Fuel dealer
-Fuel oil
•Ise4*we
Contract construction
•Airconditioning
service for:
•Building construction
-Carpentry
-Cesspool cleaning
-Concrete
-Decorating
•Disinfecting and
exterminating service ,, ,
-Electrical
.Furnace cleaning
Heating
•Heavy construction
*Housing for caretakers
Warehouses
Ord. Section 11 (Renumber reference section)
CHAPTER 164: SUPPLEMENTARY ZONING REGULATIONS
164.01 Accessory Commercial Uses
Permitted accessory uses in RMF and R-O Districts shall include accessory commercial uses of the types included in
Unit 42 25 provided that:
Everything remains the same thereafter
0.
Ord. Section 12 (Add build -to zone addition
lan ua e
164.12 Nonconforming Uses And
Structures
(D) Nonconforming structures. Where a lawful
structure exists at the effective date of adoption
or amendment of this chapter that could not be
built under the terms of this chapter by reason of
restriction on areas, lot coverage, height,
setbacks, its location in the lot, or other
requirements concerning the structure, such
structure may be continued so long as it remains
otherwise lawful, subject to the following
provisions:
(1) Alterations. No such nonconforming
structure may be enlarged or altered in a
way which increases its nonconformity but
any structure or portion thereof may be
altered to decrease its nonconformity,
provided, the following structures may be
enlarged or altered as hereinafter provided:
(a) Nonconforming residential structures
may be enlarged or altered by
increasing the height of said structures.
(b) Carports in residential zones„ may 'be
extended into the required, selb�ck
setbacks if:
(c) In residential zones, detachable
awnings which are not structurally a part
of the building may be erected in any
required front setback or rear setback if
the awning does not project more than
six feet. Detachable awnings which are
not structurally a part of the building and
which project no more than four feet
may be erected in any required interior
side setback.
(d) In residential zones, porch roofs and
open porches may extend into required
setbacks by one foot on each side of the
entry door to maximum depth of six feet
in required front setbacks and rear
setbacks and to a maximum depth of
four feet in required interior side
setbacks.
(e) Build -to zone. Nonconforming structures
located on properties with a build -to
zone may be altered to permit
expansion up to 25% of the existing
square footage.
27
Ord. Section 13. Exhibit "D" (Add Limited
Business requirements)
(D) Conditions for Approval. The uses listed may be
allowed as a permitted use and shall meet the
164.21 Limited Business
following conditions:
(1)
The proposed use shall not adversely affect
(A) Purpose. These regulations are intended to
local traffic conditions on the adioinina
mitigate the potential adverse impacts associated
streets.
with commercial uses adjacent to or within
residential areas by allowing limited
(2)
New structures located within a residential
neighborhood commercial uses that are
zonina district shall incorporate design
compatible in size, scale, massing and residential
elements similar to and compatible with
appearance with adioining and surrounding
those found within the neighborhood,
residential uses. The followina standards shall
including materials, roof pitch, scale, etc.
apply:
(3)
New parking areas or lots, utility equipment
(1) Enhance and regulate the appearance of
and trash enclosures shall be designed to
neiahborhood commercial uses.
have minimal visual impact to adjacent
property owners and to the street. Screening
(2) Protect adjoining properties from the
of these elements shall be accomplished
potential adverse impacts associated with
with plantings, walls, architectural elements,
commercial uses adjacent to residences
and/or fencing.
such as traffic, noise, appearance. lighting,
drainage, and effect on property values.
(4)
One wall sign shall be allowed with a
maximum area of eight square feet. The
(3) Provide areas for off-street parking that will
color of the sign shall be compatible with the
be appropriate in size, location and scale
colors of the structure, and only indirect
within residential areas.
external lighting is oermitted.
(4) Provide commercial uses that are accessible
(5)
Hours of operation shall be limited to Sunday
for the convenience of individuals livina in
through Thursday. 6am to 9pm. and Fridav
residential districts.
and Saturday. 6am to 11pm. unless
otherwise further determined by the Planning
(5) Reduce the length and number of vehicle
Commission.
trips generated by residential development.
(6)
All new or enlarged structures shall comply
(B) Applicability. These standards shall apply to all
with the zoning requirements of the
conditional use requests for Use Unit 12. Limited
underlying district.
Business, in anvzoning district.
(E) Design Review. The applicant shall submit the
(C) Similar Uses Allowed. When a use is not
following information to the Planning Division for
ssvecifically listed as a permitted use in Use Unit
review, where applicable:
12 (Limited Business), the use may be permitted
if it is determined by the Zoning and
(1)
A site plan drawn to scale showing location
Development Administrator that the use is similar
of parking. building footprint, and all other
to other uses listed. In determining "similarity."
improvements.
the Zonina and Development Administrator shall
make all of the following findings:
(2)
Color elevation drawings of all sides of the
structure, indicating the type of materials to
(1) The proposed use meets the purpose of this
be used on the exterior of the building, and
section and the goals and policies of the
proposed sign.
Comprehensive Land Use Plan.
(3)
Landscape plan showing the location of all
(2) The proposed use shall not adversely impact
proposed landscaping, size and species of
the public health, safety and general welfare
plant material.
of the neiahboring residents:
(4)
Abbreviated tree preservation plan.
(3) The proposed use shall be similar to the
uses listed above considering use intensity
and characteristics.
4:
Ord._ Section 14, Exhibit "E" (Add non-residential desian standards that must be followed
to obtain administrative approval in the new zones)
CHAPTER 166: DEVELOPMENT
166.24 Nonresidential Desian Standards
(A) Purpose. It is the intent of these standards to
provide the methods and means by which
designers and developers may achieve the
City's adopted goals to produce quality
development and to manage growth within
the City of Fayetteville. These regulations
complement the City's urban zoning districts
with site and architectural design regulations
to produce a visually interesting and high
quality development that responds to the
needs of pedestrians, cyclists and vehicular
traffic.
(B) Applicability. These design standards shall
be required to be met for properties that lie
within urban zoning districts offering
administrative approval. In addition to the
City's Commercial Design and Development
Standards, the standards apply when either
new development occurs or expansion of
25% or more of the .existing nonresidential
building square footage occurs. All sides of a
building that are visible from the public right-
of-way shall be subject to design review.
(C) General intent. The following shall apply to
all developments:
(1) Developments with multiple buildings
should be arranged to enclose and
define soace in the public realm (see
Image 1).
Image 1: Developmentfonn
—
Pill
��)
4 s
r0
Figure 1: Encouraged Figure 2: Discouraged
compact and connected sprawling, disconnected
development form with development form with
buildings arranged to parking surrounding the
define the street and building.
enclose internal parking
lots.
(2) Multiple buildings located on the same
lot should be articulated distinctly and
separately so as to not provide an
identical buildina on the same lot.
(3) New construction should show respect
for horizontal articulation established by
existina buildings within the immediate
area.
(4) Application of building material and
fagade articulation of the building wall
should encourage design, reinforce
rhythm, increase visual impact, and
create pedestrian interest.
(D) Building mass, scale, and articulation. The
followina reaulations shall apply to break
down the mass of large structures:
(1) Structures shall not exceed 200 feet in
lenath adjacent to the street, within a
build -to -zone.
(2) The mass of a building exceeding 100
feet in lenath shall be delineated into
segments nor more than 40-foot-wide
ublizina chances in height and depth of
the wall plane of no less than 24 inches.
Image 2: Treatment of building mass
Single mass not permitted Delineate building mass
(3) No less than 70% of the building lenath
shall be broken into a minimum of two
(2) horizontal shifts in material, texture,
and/or wall olane to provide distinction
between seaments (see Image 3).
(a) The middle segment shall be of
greater height than the bottom and
top seaments.
29
(4) Buildings shall be constructed wth high
ouality building materials. The following
materials shall be prohibited:
(5)
(a) untreated Concrete Masonry Unit
CMU
(b) wood fiber board
(c) unfinished pressure treated wood
(d) Exterior Insulation Finish System
E( IFS)
(a) vinyl Siding
(f) reflective glass
(b) Chances in color, texture, and
material, either horizontally or
vertically. at intervals of not less
than 10 feet and not more than 40
feet.
EIM-Toid
4: Shifts in wall plane depth
(6) Building facades located outside of the
build -to zone and that are visible from a
public right-of-way shall consist of the
following:
(a) Chanaes in plane with a depth of at
least 24 inches, either horizontally
or vertically: and
(b) Changes in color, texture, and
material, either horizontally or
vertically.
(7) Fenestration. Fenestration oattems
should encourage design. reinforce
rhythm, and create shadows. The
following shall be met to satisfy the
fenestration requirements for a principal
facade:
(a) Entryways. A primary entrance for
buildings located in a build -to zone
shall face the public street. When a
structure is not in a build -to zone
the primary entrance shall be well-
defined from access drives,
sidewalks, and/or major parkins
areas.
(i) Multiple entryways are
encouraged for all structures:
however. a buildina entrance
shall occur at a minimum of
every 100 feet of building
facade length that is within the
build -to zone.
(11) Each primary entrance shall be
made visible and prominent by
using special architectural
treatment that signifies the
entrances, such as lame entry
doors, porches, or protruding
or recessed entrances.
(b) Glazing. In order to create a
proportion of solids to voids and
Pedestrian interest the following
standards shall apply:
(i) A building facade located
within the build -to zone shall be
glazed no less than 50% of the
first or around floor at the
pedestrian level between 2 and
12 feet above the sidewalk.
A building_ facade located
outside of a build -to zone shall
be glazed no less than 30% of
the first or around floor at the
pedestrian level between 2 and
12 feet above the Finished
Floor Elevation (FFE).
(III) Glazing above the first story
shall not exceed 80% of the
total buildina wall area.
30
(E)
(1) Buildings exceeding 50 feet in length or
width within the build -to zone shall
incorporate spatially defining buildina
elements and/or landscaping at a
minimum separation of 100 feet of
facade length in order to create
accessible Public open space, such as a
courtyard, garden. patio. etc.
(F)
(2) Each public space shall include seating
opportunities. such as table and chairs
or benches, and a combination of at
least of three f3) of the following
elements:
(a) planters:
(b) a planting bed:
(c) public art:
(d) a water feature
(f) a covered area, such as a canopy,
awning, arcade. or Portico spanning
the width of the building: or
(g) other elements approved by the
Zoning and Development
Administrator that are not included
in other sections of the design
standards and meet the intent of
this requirement.
Image 5: Pedestrian Oriented Elements
31
Ord. Section 15 Exhibit "F' (Add tree Preservation canopy requirements for new districts add PZD
requirements as currently enforced)
CHAPTER 167: TREE PRESERVATION AND PROTECTION
167.04 Tree Preservation And Protection During Development
Table 1
Minimum Canopy Requirements
ZONING DESIGNATIONS
PERCENT
MINIMUM
CANOPY
R-A, Residential - Agricultural
(nonagricultural uses
25%
RSF-.5, Single-family Residential — One Half
Unit per Acre
25%
RSF-I, Single-family Residential — One Unit
per Acre
25%
RSF-2, Single-family Residential — Two Units
per Acre
20%
RSF-4, Single-family Residential — Four Units
..per Acre
25%
RSF-7, Single-family Residential — Seven
Units per Acre
20%
RSF-8, Single-family Residential — Eight
Units per Acre
20%
R-O, Residential-0tTiCe
21%
RT-12, Two and Thr�jl Residential
20%
RMF-6, Multi-fainijy Residential =`Six Units'
per Acre
20%
RMF- 12, Multi -family Residential —Twelve
Units per Acre
20%
RMF- 18, Multi -family Residential — Eighteen
Units per Acre
20%
RMF-24, Multi -family Residential — Twenty-
Four Units per Acre
20%
RMF-40,Multi-family Residential — Forty
Units per Acre
20%
NS Nei hb rhood Services
20%
C-1, Neighborhood Commercial
20%
CS. CommunLty Services
200/
C-2, Thoroughfare Commercial
15%
UT Urban Thorou hfare
1501
C-3, Central Business Commercial
15%
DC, Downtown Core
10%
MSC, Main Street Center
10%
DG, Downtown General
10%
NC, Neighborhood Conservation
20%
I-1, Heavy Commercial and Light Industrial
15%
I-2, General Industrial
15%
P-1, Institutional
25%
PZD, Planned Zoning District
HHOD
250%
All residential zoning districts and C-1 districts within the Hillside/Hilltop Overlay District shall have their
percent minimum canopy requirements increased by 5% to a total requirement of either 30% or 25%.
32
Ord. Section 16 (Add tanguage that Permits a reduced greensoace along the street for
urban zoning districts and nroiects)
CHAPTER 177: LANDSCAPE REGULATIONS
177.04 Site Development And Parking
Lot Landscape Standards
(D) Perimeter landscaping requirement. Proposed
development shall be landscaped meeting the
following requirements:
(2) Property lines adjoining street right-of-way.
(a) Landscape area required.
(b) Design Overlay District.
(d) Residential zones....
LeJ
Nonresidential zones.....
(D
Shade....
(g)
Screening.....
(h)
Perimeter planting location.....
33
D CD
SYCAMDRe SJF6 T
m"4i S'cyvtces
Ann
5xavf lt, siAe Ft" 4r
V"OV,
vlrba+, 2ohi►� of�si�rj��
-
------------------
Yyy
� -'._ GAS PUMPS b CANOPY
iZD
+1
lip,ED�
MAW ROAD
Figure 2: Redefining The Edges. Corner lots are especially important in defining the street. Special attention should be paid to
bringing the building mass all the way out to meet the corner. Large shopping plazas should also attempt to infill the front of their
lots with new commercial space to take advantage of the road frontage.
1.12 Corner lots should try to place as much building
mass near the intersection as possible to help anchor
the lot and take advantage of the high visibility. (A)
1.13 Gas station canopies should be designed as an
integral part of the station architecture whenever
possible. This can allow for a visual or even physical
connection which provides shelter between the vehicle
and the building. (B) See Appendix 'A' for examples.
1.14 Alternative gas station layouts include placing the
pumps near the rear of the lot while having the
convenience store out in front near the street. (C) This
helps to highlight the building, shield the utilitarian
pump canopy and pulls the curb -cuts away from the
intersection, creating easier access.
1.16 When it is not feasible to place the building entry
directly on the front facade, attempts should be made
to ensure that it is still readily visible and faces the
main road or internal street. (D)
Planned Commercial District
1.16 Older shopping plazas set back far from the
street can benefit from developing the land at the front
of their lot. This helps to define the street character
and allows for more "one -stop' shopping and shared
parking opportunities. (E)
1.17 Provide trees and other landscape screening to
shield large parking areas from adjacent lots. (F)
1.18 Large parking lots are encouraged to provide
landscaped islands and walkways which help to break
up the visual expanse of blacktop and encourage safe
pedestrian travel areas. (G)
1.19 Some developments may benefit from having a
shared access to a common dumpster location which
both neighboring properties can use. (H)
1.20 All public access ways on the site should comply
with the Americans With Disabilities Act. Visit their
Web page www.usdow-gov/crUadaladahoml.htm for
more information.
Design Standards
8t 1PvJA ot g2hhlvlG�}pY1r V1
y
z
�s
Y•
I
N
V
C
rn
Z
y
A
x
ZZZ M
4l
C
FARMERS MARKET
r\ 1-., �. „a , _ ..,
yN
tl
2
-- william kim fugitt, aia
1 Q11 a _
SK�
NORTHWEST ARKANSAS
NEWSPAPERS=
Northwest Arkansas Democrat Gazette
The Morning News of Springdale
The Morning News of Rogers
Northwest Arkansas Times
Benton County Daily Record
212 North East Avenue, Fayetteville Arkansas 72701/ PO Box 1607, 72702
PHONE: 479-571-6421
AFFIDAVIT OF PUBLICATION
RECEIVED
MAY 262010
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
I, Cathy Wiles, do solemnly swear that I am Legal Clerk of the Northwest
Arkansas Newspapers LLC. Printed and published in,Benton County,
(Lowell), Arkansas and that from my own personal knowledge and
reference to the files of said publication, the advertisement of: City of
Fayetteville — Ordinance 5312
May 3, 2010
Publication Charge : $f,4.8f�1.78
Signed: ---_ �/-
Subscribed and sworn to before me
This7l#'day of Vlk 2010.
Notary Public
JOSHUA M LYNCH
Notary Public-Arkonsos
M Commission Expires: commission
iExP!ton Caunty
y P My Commission Expires 10-28.2018
tb•-24-. 201`� Commission # 12368474
Do not pay from Affidavit, an invoice will be sent
ORDINANCE NO. &.
AN ORDINANCE AMENDING TITLE XV: UNIFIED
DEVELOPMENT CODE OF THE CITY OF FAYETTEVILLE, TO
MODIFY EXISTING AND CREATE NEW USE UNITS AND FORM -
BASED ZONING DISTRICTS THAT PERMIT ADMINISTRATIVE
DEVELOPMENT APPROVAL, AND TO CREATE DESIGN
STANDARDS FOR SAID DISTRICTS.
WHEREAS, the City of Fayetteville recognims that the Unified Development Code
should be revised to achieve a benchmark established through City Plan 2025 and the Fayetteville
Forward Summit to adopt traditional, form -based Zoning districts for as.of-right development and
WHEREAS, the City of Fayetteville recognizes that the Unified Development Code
should include a balanced range of Zoning districts and uses that meet the needs and expectations of
Fayetteville cltinns, stakeholders, and land developers; and
WHEREAS, the City of Fayetteville nexpa.es Ibat the Unified Development Code
should work toward establishing and maintaining a high quality oflife far its residents;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS;
Surreal That the City Council of the City of Fayetteville, Arkansas hereby amends
§151.01 ofthe Unified Development Code to insert in alphabetical order the following definitions:
"Articalation (Development) The archit"tural composition of combi nod
treatment of elemrnts aM pens of the edges, comers, and surface of a
building.
Fenesnadon. (Development) An extenor opening in the surface of a
sweture, such n a window, door, clerestory window, curtain wall, me.
Glazing (Development) A transparent or translucent material that is
integrated into a building envelope, such as a window, display window,
dooq glass curtain wall, etc.
Minimum buildable sneer jronmge. (Zoning) The minimum required
Pommusge Ofa pmperry's street frontage, established by the underlying
Zoning district and measured in ]inner feet, that is met by constructing a
portion or portions of the vertical side Of a building within the build -to
zone. Buildings may be constructed outside ofthe build -to Zone Offer the
minimum required percentage has barn met. -
Scotian 2 That the City Council ofthe City of Fayetteville, Arkansas hereby emends
§160.01 ofthe Unified Development Code to establish the following Zoning districts"
"Nelghh0rhoad Services, C'ammugy Servires, and Urban
Thamaghl e"
Scrfop3. That the City Council of the City of Fayetteville, Arkansas hereby amends
". §161 Zoning Regularrons of the Unified Development Code and inserts "Use Unit 12 Amite
44annes0"m acoaditmn d mein the RSF-4, RSF-7, RSF-8, RT 12, RMF-6, RMF-12, RMF-18, RMF-
` 24, and RMF40 zoning districts.
Section4. That the City Council of the City of Fayetteville, Arkansas hereby amends
§161 Zoning Regul lion, of the Unified Development Code and repeals section 161.10(1), 161.11(1),
761.12(I), 1tel. 13(1), 161.14(1), and 161.15(1) related to parking regulations.
Section 5_ That the City Council of the City of Fayepevillq Arkansas bereby repeals '
§161.16 through § 161.29 ofthe Unified Development Code and enacts a replacement §16LI6 through "
i §161.32 to ioxrc new zoning districts and modify existing Zoning criteria as shown in Ezhibp `p'^
Section 6. nation, City Council of the City of Faycft villa, Ark.. hereby amends 1
162.01 Establishment/Listing of the Unified Development Cade by renaming Unit 12, Unit 17 and '
halt 25 as follows:
"Unit 12: LimbedlbrOwss -
Unit 17: TI-OsMrmrian wades andrarW as
Unit 25: Offices,studios,andmimedsereices"
IkeCjion 7 That the City Council of the City of Fayetteville, Arkansas hereby amends
662.01(15)(2) of the Unified Development Code to strike "Asnique shop" and "Sanitary landfill
sa" from "Public and private facilities" and to insert "School and church facility" as a "Temporary
efifty".
i
�af(11Za e� That Om City Council of the City of Fayetteville, Arkansas hereby repeals ;
162.01(L) Q�ines. studios aml related services of the Unified Development Code and enacts a'
Placement §162.01(L) as shown in Exhibit "B" attached herem.
Section 9 That the City Council ofdw City of Fayetteville,Arkansashereby
peals §162.01(0), (P), (Q), and (Y) of the Unified Development Code and enacts a replacement
62.01(0), (P), (Q), and (Y) as shown in Exhibit "C" attached hereto.
Section 10, That the City Council ofthe City Of Fayetteville,Arkansas hereby emends
62.01(U)(2) ofthe Unified Development Codeto strike "and ice" from "Fuel and ice establishments^
._....r............. ....W-u
rd" under Contract Construction Services.
Section 11, That the City Council of the City of Fayetteville, Arkansas hereby emends
54.0110 remove reference to "Unit 12" and replace it with Unit 25":
"iSection 12 That the City Council of the City Of Fayetteville, Arkensms hereby amends
W.12 (Dec 1) ofthe Unified Development Code to insect the following language:
"(e) Ruild-10-s0ne. Nonconforming structures located on properties
with a build -to Zone may be slurred to permit expansion up to 25%ofthe
existing square footage."