HomeMy WebLinkAboutOrdinance 5348 ORDINANCE NO. 5348
AN ORDINANCE AMENDING TITLE XV: UNIFIED DEVELOPMENT CODE
OF THE CITY OF FAYETTEVILLE, CHAPTERS 151: DEFINITIONS AND 164:
SUPPLEMENTARY ZONING REGULATIONS, IN ORDER TO INCLUDE
ADDITIONAL DEFINITIONS AND REQUIREMENTS FOR VEHICLE
RELATED BUSINESSES.
WHEREAS, the City of Fayetteville Unified Development Code was adopted to further the
health, safety and general welfare of the community, and to promote an orderly and appropriate mix
of land uses; and
WHEREAS, land uses that include the storage of disabled, wrecked, or inoperable vehicles
can create a public nuisance and adversely impact surrounding properties and neighborhoods ; and
WHEREAS, the City of Fayetteville Unified Development Code should provide regulations
that protect neighborhoods, commercial and industrial districts, and makes a livable community.
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: Definitions by inserting in alphabetical order the following definitions:
"Auto Salvage. (Zoning) The dismantling or wrecking of motor vehicles or trailers,or the
storage, keeping, selling, buying, or dumping of any wrecked, scrapped, ruined,dismantled, disabled,
or inoperable motor vehicle or motor vehicle part."
"Junkyard. (Zoning) Any worn out or discarded materials including but not limited to scrap
metal, inoperable motor vehicles and parts, construction material, discarded appliances, or other
material in a condition such that it cannot be used for its original purposes."
"Motor vehicle. (Zoning) A self-propelled vehicle that would have to be licensed to be
operated on the public streets and highways. (See Chapter 14 of Title 27 of the Arkansas Code.)"
"Motor vehicle accessory store. (Zoning) Stores that sell new automobile parts, tires, and/or
accessories."
"Motor vehicle repair and body shop. (Zoning) Any property, building or portion thereof
used for the service and repair of motor vehicles including major mechanical repair and body work,
straightening of body parts, painting,welding, or other work involving noise, glare, fumes, smoke, or
other characteristics to an extent greater than normally found in gasoline service stations."
Page 2
Ordinance No. 5348
"Towing impound yard. (Zoning)A facility operated for the temporary storage of towed motor
vehicles that are to be claimed by their title holders or agents, or transported to a repair shop."
"Towing service. (Zoning)Au establishment that provides for the removal of a motor vehicle by
towing,carrying, hauling or pushing fi-om public or private property when such vehicle has been
ordered to be impounded to a public or private impound yard. This shall not include a "motor vehicle
repair and body shop" use that has a tow truck and services vehicles on-site."
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends
§151.01: Definitions by renaming "Filling station (Zoning)" to "Gasoline service station. (Zoning)"
and placing it in alphabetical order.
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby repeals §164.05
Automobile Garages and enacts a replacement §164.05, as follows:
§164.05 Motor Vehicle Repair
In any district where permitted, gasoline service stations and motor vehicle repair and body shops
shall be subject to the following regulations:
(A) All appurtenances used for repair or servicing of vehicles which are not enclosed shall be
located at least 12 feet from a street lot line and 25 feet from any lot line of agricultural or
residential district.
(B) Although temporarily inoperable, motor vehicles shall have substantially all of its main
component parts attached, and where subject to a license, shall be currently and validly
licensed for operation upon public streets and highways.
(C) Vehicles or trailers that are wrecked, or that have missing or damaged parts such that it can
not be maintained for driving, may not be stored outside longer than 45 days. If more time is
needed for repairs, the vehicle or trailer shall be stored inside a building or removed from the
property.
(D)Abandoned vehicles shall not be stored on the premises.
Section 4.That the City Council of the City of Fayetteville, Arkansas hereby amends §164.06
Automobile Wash Service by repealing the section and renaming the section "Reserved."
Section 5. That the City Council of the City of Fayetteville, Arkansas hereby repeals §164.14
Parking And Storage Of Certain Vehicles and enacts a replacement §164.14, as follows:
§164.14 Parking And Storage of Certain Vehicles
(A) Motor vehicles or trailers of any kind, which are required to be licensed, must have current
license plates properly attached (unless completely enclosed within a building) except within
the lot of the following legally operating businesses: vehicle sales, trailer sales, junkyards,
and auto salvage yards.
Page 3
Ordinance No. 5348
(B) Disabled motor vehicles or trailers, including antique/hobbyist vehicles, must be stored inside
buildings unless stored within auto salvage yards,junk yards, auto body shop lots, or towing
impound yards.
(C) Parking or storing wrecked or abandoned vehicles within residential districts is prohibited.
(D)Vehicles in any zoning district shall be parked in such a way so they do not encroach upon a
public sidewalk, or block pedestrian or vehicular use and visibility.
Section 6.That the City Council of the City of Fayetteville,Arkansas hereby repeals §164.18
(A) Automobile garages, §164.18 (B) Automobile wash service, and §164.18 (D) Industrial
Parks, and renumbers the remaining subsections sequentially.
Section 7.That the City Council of the City of Fayetteville, Arkansas hereby amends §164.18
to insert the following subsection:
(D)Towing impound yards. An impound yard shall be subject to the following:
(1) Motor vehicles shall not be stored on the premises longer than 45 days.
(2) Impound yards shall be surrounding on all sides by a minimum 6 foot tall wood board
privacy fence.
PASSED and APPROVED this the 7"'day of September, 2010.
APPROVED: ATTEST:
By: By: &"6,
{✓
ELD JO N,Mayor SO RA E. SMITH, City Clerk/Treasurer
:FAYETTEVILLE.,
y,e9�,/rANSP� c'e4V_
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City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
8/17/2010
City Council Meeting Date
Agenda Items Only
Jesse Fulcher Planning Development Services
Submitted By Division Department
Action Required:
ADM 09-3466 (UDC Chapters 151 and 164 Vehicle Related Businesses): An ordinance amending Chapter 151 and
164 of the Unified Development Cade to clarify vehicle related businesses, including vehicle repair, towing and
salvage.
Cost of this request Category/Project Budget Program Category/Project Name
Account Number Funds Used to Date Program/Project Category Name
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
��QIjIJ1��.P�C• Previous Ordinance or Resolution#
Depa ent Di ctor Date
� Original Contract Date:
�`. '� -- `�13()1 ala
Original Contract Number:
City Attorney Date
\ 3o t r7
Finance and Internal Services Director Date Received in City,7-?9-10PO4 : 34 RCVD
Clerk's Office
AA ",V\- u
Chi f of St Date
Received inczdE Ep
Mayor's Office c
Ma r *D
Comments:
Revised January 15, 2009
o� t Gn Yd.e. 4c� V 6/n1/0 (9-/
Tavyere 111C
THE CITY OF FAYETTEVILLE,ARKANSAS
DEPARTMENT CORRESPONDENCE
( NS I MW
;S
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan, City Council
Thru: Don Marr, Chief of Staff
From: Jesse Fulcher, Current Planner
Date: July 23, 2010
Subject: ADM 09-3466 UDC Chapter 151 and 164 vehicle related businesses
RECOMMENDATION
Staff and Planning Commission recommend approval of an ordinance amending Chapter 151 and 164 of the Unified
Development Code (ADM 09-3466).
BACKGROUND
In addition to the zoning regulations in Chapter 161 of the Unified Development Code (UDC), which apply to all the
various zoning districts and associated uses, there are supplementary regulations for certain types of uses and
businesses. Specifically, Chapter 164 of the UDC provides restrictions for vehicle-related businesses, including
gasoline service stations and car washes, as well as requirements for the storage of disabled and unlicensed vehicles.
However, there are several other types of vehicle related businesses that aren't currently regulated by Chapter 164,
including towing and impound facilities, auto salvage and automotive repair shops. Unlike the uses currently
regulated by Chapter 164, though, these businesses may have areas for the storage of wrecked, disabled or
inoperable vehicles. Eventually, this type of storage can create a public nuisance and adversely impact surrounding
properties and even neighborhoods.
It is staffs recommendation that Chapter 151 and 164 of the Unified Development Code be modified to include
additional definitions and requirements for several types of vehicle related businesses that are most likely to create
nuisances if not properly regulated.
DISCUSSION
On December 14, 2009 the Planning Commission unanimously forwarded this request to the City Council with a
recommendation for approval.
BUDGETIMPACT
None.
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ORDINANCE NO.
AN ORDINANCE AMENDING TITLE XV: UNIFIED DEVELOPMENT
CODE OF THE CITY OF FAYETTEVILLE, CHAPTERS 151: DEFINITIONS
AND 164: SUPPLEMENTARY ZONING REGULATIONS, IN ORDER TO
INCLUDE ADDITIONAL DEFINITIONS AND REQUIREMENTS FOR
VEHICLE RELATED BUSINESSES.
WHEREAS, the City of Fayetteville Unified Development Code was adopted to finrther the health,
safety and general welfare of the community, and to promote an orderly and appropriate mix of land uses;and
WHEREAS, land uses that include the storage of disabled, wrecked, or inoperable vehicles can create
a public nuisance and adversely impact surrounding properties and neighborhoods ;and
WHEREAS, the City of Fayetteville Unified Development Code should provide regulations that
protect neighborhoods, commercial and industrial districts,and makes a livable community.
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 §15 1.01:
Definitions by inserting in alphabetical order the following definitions:
"Auto Salvage. (Zoning) The dismantling or wrecking of motor vehicles or trailers,or the storage,
keeping, selling, buying, or dumping of any wrecked, scrapped,ruined,dismantled,disabled, or inoperable
motor vehicle or motor vehicle part."
"Junkyard. (Zoning) Any worn out or discarded materials including but not limited to scrap metal,
inoperable motor vehicles and parts,construction material,discarded appliances, or other material in a condition
such that it cannot be used for its original purposes."
"Motor vehicle. (Zoning)A self-propelled vehicle that would have to be licensed to be operated on the
public streets and highways. (See Chapter 14 of Title 27 of the Arkansas Code.)"
"Motor vehicle accessory store. (Zoning)Stores that sell new automobile parts,tires,and/or
accessories."
"Motor vehicle repair and body shop. (Zoning)Any property, building or portion thereof used for the
service and repair of motor vehicles including major mechanical repair and body work,straightening of body
parts, painting, welding,or other work involving noise,glare,fumes, smoke, or other characteristics to an extent
greater than normally found in gasoline service stations."
"Towing impound yard. (Zoning) A facility operated for the temporary storage of towed motor
vehicles that are to be claimed by their title holders or agents, or transported to a repair shop."
EttTnfi. �iLnldfifiJltPfi.C+h::S�"P.ffiSc+iS?�"'9r„Y.c�SXikEF_::a.�+.6nPZf+.3.'M:?,nYu'3b..:t=T/.c.�;' ^%tn;'h%1:".�E'�nS,:S»��2:ati:>��1.���tE�.:.r,:N"�•}�"4�fi'nT,cs ,1,�v':S,dYrc^,.fiiti.:1,c."iF�i?uP,+i.`A S�OYM\"?2."�Y.n�PS..'�.�2rR`Eku':`h.PN�'.'n.�'..
"Towing service. (Zoning) An establishment that provides for the removal of a motor vehicle by towing,
carrying, hauling or pushing fiom public or private property when such vehicle has been ordered to be
impounded to a public or private impound yard. This shall not include a "motor vehicle repair and body shop"
use that has a tow truck and services vehicles on-site."
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends §151.01:
Definitions by renaming "Filling station (Zoning)" to "Gasoline service station. (Zoning)" and placing it in
alphabetical order.
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby repeals §164.05
Automobile Garages and enacts a replacement §164.05, as follows:
§164.05 Motor Vehicle Repair
In any district where permitted, gasoline service stations and motor vehicle repair and body shops shall be
subject to the following regulations:
(A) All appurtenances used for repair or servicing of vehicles which are not enclosed shall be located at
least 12 feet from a sweet lot line and 25 feet fionn any lot line of agricultural or residential district.
(B) Although temporarily inoperable, motor vehicles shall have substantially all of its main component
parts attached, and where subject to a license, shall be currently and validly licensed for operation upon
public streets and highways.
(C) No motor vehicle to be repaired shall be stored on the premises longer than 45 days.
(D) No abandoned vehicles shall be stored on the premises.
(E) Vehicles shall be parked in such a way so they do not encroach upon City right-of-way,or block
pedestrian or vehicular use and visibility.
Section 4. That the City Council of the City of Fayetteville, Arkansas hereby amends §164.06
Automobile Wash Service by repealing the section and renaming the section`Reserved."
Section 5. That the City Council of the City of Fayetteville, Arkansas hereby repeals §164.14 Parking
And Storage Of Certain Vehicles and enacts a replacement §164,14, as follows:
§164.14 Parking And Storage of Certain Vehicles
(A) Motor vehicles or hailers of any kind, which are required to be licensed, must have current license
plates properly attached (unless completely enclosed within a building) except within the lot of the
following legally operating businesses: vehicle sales, trailer sales, junkyards, auto salvage yards,
towing impound yards and auto body shops.
(B) Disabled motor vehicles or trailers must be stored inside buildings unless stored within auto salvage
yards,junk yards, auto body shop lots, or towing impound yards.
(C) Parking or storing wrecked or abandoned vehicles within residential districts is prohibited.
Section 6. That the City Council of the City of Fayetteville, Arkansas hereby repeals §164.18 (A)
Automobile garages, §164.18 (B) Automobile wash service, and §164.18 (D) Industrial Parks, and renumbers
the remaining subsections sequentially.
Section 7. That the City Council of the City of Fayetteville, Arkansas hereby amends §164.18 to insert
the following subsection:
(D) Towing impound yards. An impound yard shall be subject to the following:
(1) Motor vehicles shall not be stored on the premises longer than 45 days.
z
(2) Impound yards shall be surrounding on all sides by a minimum 6 foot tall wood board privacy
fence.
PASSED and APPROVED this the day of___, 2010.
APPROVED: ATTEST:
By: By ----
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
FayeV-V 1 PC Meeting of December 14, 2009
Knnsns
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
PLANNING DIVISION CORRESPONDENCE
Fayetteville, AR 57 -8267
Teleohone:(479)575-8267
TO: Fayetteville Planning Commission
FROM: Jesse Fulcher, Current Planner
THRU: Jeremy Pate, Development Services Director
DATE: Dem„ .,. , Wa Updated December JS, 2009
ADM 09-3466; (UDC AMENDMENTS, CHAPTER 151 AND 164): Submitted by City
Planning Staff. The request is to amend several chapters of the Unified Development Code
(UDC) to clarify vehicle related businesses, including vehicle repair, towing, and salvage.
Planner: Jesse Fulcher
BACKGROUND
November 23, 2009 Planning,, Commission. This item was discussed at the November 23, 2009
Planning Commission meeting where staff gave a presentation of the proposed amendments to
the Unified Development Code (UDC). The Planning Commission and City Attorney provided
feedback to staff concerning the proposed amendments. Staff has attempted to incorporate all of
the changes recommended into the proposed code. The primary revisions requested are as
follows:
1) Clarify the definition of a motor vehicle, remove reference to implements of animal
husbandry.
2) Remove "household waste and garbage" from the definition of a junkyard
3) Clarify 164.14 Parking and storing of certain vehicles. Don't want to prohibit owner of
antique vehicle or hobbyist.
DESCRIPTION AND PROPOSAL
In addition to the zoning regulations in Chapter 161 of the Unified Development Code (UDC),
which apply to all the various zoning districts and associated uses, there are supplementary
regulations for certain types of uses and businesses. Specifically, Chapter 164 of the UDC
provides restrictions for vehicle-related businesses, including gasoline service stations, car
washes and drive-in facilities, as well as requirements for the storage of disabled and unlicensed
vehicles.
However, there are several other types of vehicle related businesses that aren't currently
regulated by Chapter 164, including towing and impound facilities, auto salvage and automotive
repair shops. Unlike the uses currently regulated by Chapter 164, though, these businesses may
have areas for the storage of wrecked, disabled or inoperable vehicles. Eventually, this type of
storage can create a public nuisance and adversely impact surrounding properties and even
neighborhoods.
It is staff's recommendation that Chapter 151 and 164 of the Unified Development Code be
modified to include additional definitions and requirements for several types of vehicle related
businesses that are most likely to create nuisances if not property regulated.
The proposal is to amend two (2) chapters of the UDC as summarized below and attached in full
to this staff report:
Chapter __Section _ Description _
- Include definitions for auto salvage,junkyard, motor vehicle,
Chapter motor vehicle accessory store, motor vehicle repair and body shop,
151.01 Definitions towing impound pond yard and towing service. Additionally, the
definition for"filling station" will be changed to "gasoline service
station."
Chapter Automobile Garages - Change title to Motor vehicle repair and provide restrictions
164.05 on the storage and parking of wrecked or abandoned vehicles.
Chapter Automobile Wash Removed regulations and reserved section number.
164.06 Service _
Chapter Parking and storage Clarify regulation and insert new section prohibiting the
164.1_4 of certain vehiclesap rking or storage of wrecked vehicles in residential districts.
Remove section (A) and section (13), as these regulations are
already stated in section 164.05 and 164.06.
Chapter Supplementary use - Renumber remaining sections.
164.18 regulations - Add new requirements for towing impound yards.
- Remove section (E), since there are landscaping, grading and
drainage requirements for all lots regardless of the site
location.
The ordinance amendments are shown in highlight and s#-rikeeut and are attached to the staff
report.
RECOMMENDATION
Staff recommends forwarding ADM 09-3466 to the City Council with a recommendation for
approval.
Planning Commission Action: Forwarded O Denied O Tabled
Motion: Zant
Second: Myres
Vote: 7-0-0
Meeting Date: December 14, 2009
Comments:
Revisions requested by Planning Commission
and City Attorney
December 14,2009
Planning Commission
ADM 09-3466 UDC Amend Chapl 1511164
Agenda Item 3
Page 3 of 24
THE CITY OF FAYETTEVILLE,ARKANSAS
KIT WILLIAMS,CITY ATTORNEY
DAVID WHITAKER,ASST.CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE LEGAL DI'sPAK'T MENT
TO: Jesse Fuleher, City Planner
Andrew Garner, Senior Planner
FROM: Kit Williams, City Attorney '"�
DATE: November 24, 2009
RE: Junkyards, Motor vehicles and §164.14
I have redrafted proposed definitions of "Junkyard" and "Motor vehicle".
By referring to the state licensing law (Chapter 14 of Title 27 of the Arkansas
Code) the definition of"Motor vehicle" can be short, include what we are trying to
regulate, and not include things we do not want to regulate in §164.14: riding lawn
mowers, tractors, electric wheelchairs, electric bicycles, four wheelers, etc.
We should define "Junkyard" as it should be operated and not include
improper materials (garbage and trash) in its definition which could be used
against us if we tried to get: improper materials removed from a junkyard.
Much of §164.14's problems go away with the new definition of "motor
vehicle". However. 1 believe we should restrict unlicensed. or disabled motor
vehicles and trailers to the actual businesses that deal with them rather than various
zoning districts in which these and many other unrelated businesses may
operate: 1-1 , 1-2, C-2, Downtown Core, Mainstreet Center. Unlicensed cars are
okay at auto dealerships in C-2 or Downtown Core, but not at other businesses or
residences in those zones. We don't want disabled or wrecked carp stored in a
manufacturing plant's parking lot even if it is 1-2. These should be business
sensitive rather than zoning district exceptions.
December 14,2009
Planning Commission
ADM 09-3466 UDC Amend Chapt 151/164
Agenda Item 3
Page 4 of 24
4
Junkyard (Zoning) A parcel used to
store and resell parts from wrecked or
inoperable motor vehicles.
Motor Vehicle (Zoning) A self-propelled
vehicle that would have to be licensed to
be operated on the public streets and
highways. (See Chapter 14 of Title 27
of the Arkansas Code.)
164.14 Parking and Storage of Motor
Vehicles and Trailers
Motor vehicles and trailers required to
be licensed must have current license plates
properly attached if parked or stored (unless
completely enclosed in a building) except within
the business lot of the following legally operating
businesses: auto sales, truck sales, motorcycle
sales, trailer sales, junkyards, auto salvage
yards, towing impound yards and auto body
shop lots. Disabled motor vehicles or trailers
must be stored inside buildings unless stored
within auto salvage yards, junk yards, auto body
shop lots, or towing impound yards.
December 14, 2009
Planning Commission
ADM 09-3466 UDC Amend Chapt 151/164
Agenda Item 3
Page 5 of 24
Chapter 151 and 164
Updated
December 14, 2009
Planning Commission
ADM 09-3466 UDC Amend Chapt 151/164
Page 10 of 24
TITLE XV UNIFIED DEVELOPMENT CODE
CHAPTER 151: DEFINITIONS
151.01 Definitions.......................................................................................................................................3
CD151:1
Fayetteville Code of Ordinances
Airport elevation. (Airport Zone) 1,251 feet above
mean sea level.
Alley. (Development) A minor public way
dedicated to public use for utility easements and
vehicle access to the back or the side of properties
abutting a street.
Alternative tower structure. (Wireless Tele-
communications Facilities) Man-made trees, clock
towers, bell steeples, light poles, and similar
alternative design mounting structures that
camouflage or conceal the presence of antennas or
towers and are built for the express purpose of
serving as a tower or for locating antennas.
Analysis report. (Tree Preservation and
Protection) A report, which among other things, sets
forth any alternative designs the applicant considered
in arriving at the proposed design.
Animal daycare. (Zoning) A facility that provides
day or nighttime supervision for three or more
animals. Animals are kept inside the facility, except
animals are permitted to be walked on a leash
outside. Facilities that contain outdoor dog runs, play
areas, or kennels are not considered an animal
daycare.
Antenna. (Wireless Telecommunications
Facilities) Any structure or device used to collect or
radiate electromagnetic waves, including both
directional antennas, such as panels, microwave
dishes and satellite dishes and omni-directional
antennas, such as whips but not including satellite
earth stations.
Applicant. (Tree Preservation and Protection)
Any person, party, partnership, corporation or other
business entity seeking the city's approval of a
proposed tree preservation plan.
Approach surface. (Airport Zone) A surface
longitudinally centered on the extended runway
centerline, extending outward and upward from the
end of the primary surface and at the same slope as
the approach zone height limitation slope. In a plane
the perimeter of the approach surface coincides with
the perimeter of the approach.
Approach, transitional, horizontal and conical
zones. (Airport Zone) Those zones as set forth in §
165.01.
Approval. (Physical Alteration of Land) A written
authorization by the city engineer.
Appurtenances. (DDOD) Architectural features
consisting of awnings, marquees, porches, stoops,
balconies, turrets, cupolas, balconies, colonnades,
and arcades.
Arcade. (DDOD) A colonnade composed of
counterthrusting arches.
Area sign. (Signs) A sign to identify a common
area containing a group of structures, or a single
structure on a minimum site of five acres, such as a
residential subdivision, residential office, commercial
or industrial subdivision, apartment complex,
manufactured home park, or shopping center located
at the entrance or entrances of the area, and
consisting of fence or wall or archway with letters or
symbols affixed thereto or other supporting structure
as approved by the zoning and development
administrator.
Artist Studio. (Zoning) Any building or place of
business where Artists use the premises for the
creation, sale and/or display of art or craft work.
As graded. (Physical Alteration of Land) The
surface condition on completion of grading.
Aspect. (Landscape Regulations) The angle of
exposure from sunlight as it relates to the slope of the
earth, primarily south and west in this region.
Auto salvage. (Zoning) The dismantling or
wrecking of motor vehicles or trailers, or the storage,
keeping, selling, buying, or dumping of any wrecked,
scrapped, ruined, dismantled, disabled, or inoperable
motor vehicle or motor vehicle part.
Awning. (DDOD) A flexible roof -like cover that
extends out from an exterior wall and shields a
window, doorway, sidewalk, or other space below
from the elements.
B
Balcony. (DDOD) An open habitable portion of an
upper floor extending beyond a building's exterior wall
that is not supported from below by vertical columns
or piers but is instead supported by either a cantilever
or brackets.
Baluster. (DDOD) A short vertical member used
to support a railing or coping.
Balustrade. (DDOD) A railing together with its
supporting balusters or posts, often used at the front of a
parapet.
Banner. (Signs) Any sign printed or displayed
upon cloth or other flexible material, with or without
frames.
Barrel roof. (DDOD) Like a covered wagon, or
inverted ship; barrel vault is an arch of uniform cross-
section.
CD151:4
Fayetteville Code of Ordinances
relationship. The definition of family does not include
fraternities, sororities, clubs or institutional groups.
FCC. (Wireless Telecommunications Facilities)
The Federal Communications Commission.
FEMA. (Physical Alteration of Land) Federal
Emergency Management Agency.
Fill. (Physical Alteration of Land) A deposit of
earth material placed by artificial means.
First or ground floor. (DDOD). The finished floor
facing a street right of way.
Flashing sign. (Signs) An illuminated sign on
which artificial or reflected lights is not maintained
stationary and constant in intensity and color at all
times when in use.
(1) Solo and corvi*g of opark plugo,
bottailoo, and dkthlbutor parts;
41t�TnE�TT..'T:S�l1:!TTr::,, . -..... nl Ut.
P11 Jl
Flood or flooding. (Flood Damage Prevention) A
general and temporary condition or partial or
complete inundation of normally dry land areas from
the overflow of flood waters, or the unusual and rapid
accumulation or run-off of surface water from any
source.
Flood boundary and floodway map. (Flood
Damage Prevention) The official map on which the
Federal Insurance Administration has delineated both
the areas of flood hazards and the floodway.
Flood Insurance Rate Map (FIRM). (Flood
Damage Prevention) The official map on which the
Federal Management Agency or Federal Insurance
Administration has delineated both the areas of
special flood hazards and the Floodway.
Flood Insurance Study. (Flood Damage
Prevention) The official report provided by the Federal
Insurance Administration that includes flood profiles,
the FIRM, the Flood Boundary and Floodway Map,
and the water surface elevation of the base flood.
Floodplain. (Stormwater Management, Drainage
and Erosion Control) For a given flood event, that
area of land that is temporarily covered by water and
that adjoins a watercourse. In FEMA regulated, or
established floodplains, the floodplains shall mean the
area subject to inundation from any source during the
regulatory event.
Floodplain or flood -prone area. (Flood Damage
Prevention) Areas that are subject to, or are exposed
to, flooding and flood damage.
CD151:10
TITLE XV UNIFIED DEVELOPMENT CODE
Flooay Fnng¢
F,00l,Gy F,.dpLa.n
- Fiood.dr rroye
Floodplain management. (Flood Damage
Prevention) The operation of an overall program of
corrective and preventive measures for reducing flood
damage, including but not limited to, emergency
preparedness plans, flood control works and
floodplain management regulations.
Floodplain management regulations. (Flood
Damage Prevention) Development code, building
codes, health regulations, special purpose ordinances
(i.e., grading ordinance and erosion control
ordinance) and other applications of police power.
The term describes such state or local regulations in
any combination thereof, which provide standards for
the purpose of flood damage prevention and
reduction.
Flood -proofing. (Flood Damage Prevention) Any
combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or
eliminate flood damage to real estate or improved real
property, water and sanitary facilities, structures and
their contents.
Floodway. (Flood Damage Prevention) The
channel of a river, or other watercourse, and the
adjacent land area that must be reserved in order to
discharge the base flood without cumulatively
increasing the water surface elevation more than one
foot. Also referred to as "Regulatory floodway."
Floodway. (Stormwater Management, Drainage
and Erosion Control) The channel of a stream, plus
any adjacent floodplain areas that must be kept free
to encroachment so that the 100 -year flood discharge
can be conveyed without increases of more than
specified amount in base elevations, either zero or
one foot depending on specific location. This is an
area of significant depths and velocities and therefore
due consideration should be given to the effects of fill
and loss of cross-sectional flow area is increased
water surface elevations.
Floor. (DDOD) A story within a building.
Forestation. (Tree Preservation and Protection)
The act of planting trees.
Fraternity or sorority house. (Zoning) A building
owned or leased by a general or local chapter of
some regularly organized college fraternity or sorority,
or by or on its behalf by a building corporation or
association composed of members or alumni thereof,
and occupied by the local chapter of such fraternity or
sorority as a place of residence.
Freestanding sign. (Signs) A sign which is
attached to or a part of a completely self-supporting
structure. The supporting structure shall be set firmly
in or below the ground surface and shall not be
attached to any building or any other structure
whether portable or stationary.
Frontage Line. The property line or lines of a lot
which coincide with a right-of-way or other public
open space.
Functionally dependent use. (Flood Damage
Prevention) A use which cannot perform its intended
purpose unless it is located or carried out in close
proximity to water.
G
Gable. (DDOD) The vertical triangular end of a
building from cornice or eaves to ridge.
Gabled roof. (DDOD) A double sloping roof that
forms a gable at each end.
Gambrel roof. (DDOD) A roof where each side
has two slopes; a steeper lower slope and a flatter
upper one; a 'barn roof.
Garage sales. (Zoning) An occasional sales
activity, not to include activities described elsewhere
as home occupations, but including activities
generally referred to as garage sales, yard sales,
rummage sales, white elephant sales, cleaning sales,
or moving sales, where used goods are displayed or
offered for sale to the general public in a residential
area on the resident's premises.
Gas outlet. (Building Regulations) For the
purpose of establishing gas permit fees for additions,
alterations, repair, and new installations, a gas outlet
shall be defined as any service line and/or pipe
replacement or extension and a connection to any
device and equipment that receives, stores,
consumes, transfers, and/or discharges gas.
Gasoline service station. (Zoning) Buildings and
premises where gasoline, oil, grease, batteries, tires,
and automobile accessories may be supplied and
dispensed at retail, and where in addition the
CD151:11
Fayetteville Code of Ordinances
following services may be rendered and sales made,
no other:
(A) Sale and servicing of spark plugs, batteries,
and distributor parts;
(B) Tire servicing and repair, but no recapping or
regrooving;
(C) Replacement of mufflers and tail pipes,
water hose, fan belts, brake fluid, light bulbs,
fuses, floor mats, seat covers, windshield
wipers and wiper blades, grease retainers,
wheel bearings, mirrors, and the like;
(D) Radiator cleaning and flushing;
(E) Washing and polishing, and sales of
automotive washing and polishing materials;
(F) Greasing and lubrications;
(G) Providing and repairing fuel pumps, oil
pumps, and lines;
(H) Minor servicing and repair of carburetors;
(I) Emergency wiring repairs;
(J) Adjusting and repairing brakes;
(K) Minor motor adjustments not involving
removal of the head or crankcase or racing
the motor;
(L) Sales of drinks, package foods, tobacco, and
similar convenience goods for gasoline
service station customers, as accessory and
incidental to principal operations;
(M) Provision of road maps and other information
material to customer; provision of restroom
facilities.
(N) Uses permissible at a filling station do not
include major mechanical and body work,
straightening of body parts, painting,
welding, storage or automobiles not in
operating condition, or other work involving
noise, glare, fumes, smoke, or other
characteristics to an extent greater than
normally found in gasoline service stations.
A gasoline service station is not a repair
garage or a body shop.
Glare (Outdoor Lighting) means the brightness of
a light source that causes eye discomfort.
Grade. (Physical Alteration of Land) The
percentage of rise or fall per 100 feet. Existing grade
is the grade prior to grading. Rough grade is the
stage at which the grade approximately conforms to
the approved plan. Finish grade is the final grade of
the site which conforms to the approved plan.
Grading. (Physical Alteration of Land) Any
stripping, cutting, filling, or stockpiling of earth or land.
Green Roof. (Stormwater) Elevated roof
surfaces that are entirely covered with a thin soil and
vegetation layer.
Ground cover. (Physical Alteration of Land)
Plants with low, spreading habit that form a dense
mat in time, preventing erosion.
Guyed towers. (Wireless Telecommunications
Facilities) A communications tower that is supported,
in whole or in part, by guy wires and ground anchors.
H
Habitable Space. Building space whose use
involves human presence. Habitable space excludes
parking garages, self-service storage facilities,
warehouses, and display windows separated from
retail activity.
Hazard to air navigation. (Airport Zone) An
obstruction determined to have a substantial adverse
effect on the safe and efficient utilization of the
navigable airspace.
Hazardous tree. (Tree Preservation and
Protection) A tree or tree parts with high probability of
falling or causing injury or property loss; also, a tree
harboring insects or a disease that could be
detrimental to surrounding trees.
Health officer. ((Manufactured Homes and
Parks) (Manufactured Homes and Parks opened or
expanded, 4-20-72) The legally designated health
authority of the city or his authorized representative.
Height. (Airport Zone) Sea level elevation,
unless otherwise specified.
Height. (Hillside/Hilltop Overlay District) Building
height shall be measured from the lowest point of the
structure at the historic grade, prior to development,
to the highest point of the structure. If the structure is
located on a graded pad then the height of the
building is measured from the historic grade.
Height. (Wireless Telecommunications Facilities)
The vertical distance measured from the mean
elevation of the finished grade to the highest point on
the tower or other structure, even if said highest point
is an antenna or antenna array.
Highest adjacent grade. (Flood Damage
Prevention) The highest natural elevation of the
CD151:12
Fayetteville Code of Ordinances
Independent manufactured home.
((Manufactured Homes and Parks) (Manufactured
Homes and Parks opened or expanded, 4-20-72) A
manufactured home which has a flush toilet and a
bath or shower.
Intermittent stream. (Stormwater Management
Drainage and Erosion Control) A stream that carries
water part of the year is dry another part but receives
flow from the groundwater table when it is high
enough.
Invasive species. (Tree Preservation and
Protection) Any species not indigenous to a region,
which becomes established and displaces native
species.
J
Joint identification sign. (Signs) A sign which
serves as common or collective identification for a
group of persons or businesses operating on the
same subdivision or lot in a residential office,
commercial or industrial district (e.g., shopping center,
office complex, etc.) Such sign may name the
person(s) or business included but carry no other
advertising matter.
Junkyard. (Zoning) Any worn out or discarded
materials including but not limited to scrap metal,
inoperable motor vehicles and parts, construction
material, discarded appliances, or other material in a
condition such that it cannot be used for Its original
purposes.
K
Kennel. (Zoning) A structure or facility used for
the purpose of breeding two or more litters of puppies
or kittens within any twelve month period. A facility
that keeps animals commercially and has open dog
runs, outside play areas, or any areas where animals
are kept or left outside.
L
Lamp or Bulb (Outdoor Lighting) means the light
producing source installed in the socket portion of a
luminaire.
Land disturbance. (Tree Preservation and
Protection) Clearing, scraping, grubbing, or otherwise
removing or destroying the vegetation of a site, or
adding, removing, exposing, excavating, leveling
grading, digging, tunneling, trenching, burrowing,
dumping, piling, dredging or application of toxic
substance, storage of materials, and operation of
equipment, or otherwise significantly disturbing the
soil, mud, sand, or rock of a site.
Landscape administrator. (Tree Preservation
and Protection) The person who is responsible for the
administration of Tree Preservation and Protection,
Chapter 167 and Landscape Regulations, Chapter
177. Also known as Urban Forester.
Landscape establishment guarantee. (Tree
Preservation and Protection) A bond, irrevocable
letter of credit, or other surety held by the city until the
satisfactory conclusion of the three year landscape
establishment period.
Landscape fabric. (Physical Alteration of Land) A
barrier against soil erosion, allowing water to pass
through while keeping soil in place.
Landscaping. (Zoning) The area within the
boundaries of a given lot which consists of planting
materials, including but not limited to trees, shrubs,
ground covers, grass, flowers, decorative rock, bark,
mulch, and other similar materials.
Large-scale development. (Development) The
development of a lot or parcel larger than one acre.
The term development shall include, but shall not be
limited to, the construction of a new improvement, the
construction of an addition to an existing
improvement, or a parceling which results in the need
for access and utilities.
Larger than utility runway. (Airport Zone) A
runway that is constructed for and intended to be
used by propeller -driven aircraft of greater than 12,
500 pounds maximum gross weight and jet powered
aircraft.
Lattice tower. (Wireless Telecommunications
Facilities) A guyed or self-supporting three or four
sided, open, steel frame structure used to support
telecommunications equipment.
Lease. (Signs) An agreement by which a
property owner conveys, usually for a specified rent,
to other persons, permission to erect and maintain an
advertising sign upon his property.
Less desirable species. (Tree Preservation and
Protection) Low -priority trees or other woody shrubs
listed in the City of Fayetteville Tree Preservation,
Protection, and Landscape Manual.
Levee. (Flood Damage Prevention) A man-made
structure, usually an earthen embankment, designed
and constructed in accordance with sound
engineering practices to contain, control, or divert the
flow of water so as to provide protection from
temporary flooding.
CD151:14
TITLE XV UNIFIED DEVELOPMENT CODE
on a community's Flood Insurance Rate Map are
referenced.
Meter. (Building Regulations) For the purpose of
establishing electrical permit fees for additions,
alterations, repair, and new installments and to
include farm buildings and owner/occupied dwellings
a meter shall be defined as an apparatus to measure
electrical power and an outlet shall be defined as a
point on the wiring system at which current/voltage is
switched, connected to a lighting fixture or receptacle,
connected to utilization equipment, and connected to
any equipment that receives, controls, stores,
consumes, and/or transfers electricity.
Ministorage units. (Zoning) A structure or
structures containing separate, individual, and private
storage spaces of varying sizes leased or rented on
individual leases for varying periods of time.
Mitigation. (Tree and Preservation and
Protection) The planting of trees on -site in an effort to
lessen the environmental damage caused by the
injury or removal of trees during development.
Mobile home. (Zoning) A manufactured home
built prior to June 15, 1976.
Monopole tower. (Wireless Telecommunications
Facilities) A communications tower constructed
without the use of guy wires and ground anchors and
consisting of only a single pole.
Monument sign. (Sign) A freestanding sign with
a maximum height of six feet above the surrounding
finish grade and whose entire base is in contact with
and supported by the ground.
Motor vehicle. (Zoning) A self-propelled vehicle that
would have to be licensed to be operated on the
public streets and highways. (See Chapter 14 of Title
27 of the Arkansas Code.)
Motor vehicle accessory store. (Zoning) Stores that
sell new automobile parts, tires, and/or accessories.
Motor vehicle repair and body shop. (Zoning) Any
property, building or portion thereof used for the
service and repair of motor vehicles including major
mechanical repair and body work, straightening of
body parts, painting, welding, or other work involving
noise, glare, fumes, smoke, or other characteristics to
an extent greater than normally found in gasoline
service stations.
Mulch. (Physical Alteration of Land) A layer of
leaves, straw, bark, or other organic material spread
around plants to retain moisture, and to control weeds
or erosion.
Mullions. (DDOD) Strips of wood or metal that
separate and hold in place the panes of a window.
Muntin. (DDOD) A short vertical or horizontal bar
used to separate panes of glass in a window or
panels in a door. The muntin extends from a stile, rail,
or bar to another bar. This term is often confused with
mullion.
N
Native woodlands. (Tree Preservation and
Protection) A biological community of trees and
woody shrubs native to the Ozark Plateau, covering
an area of 10,000 square feet or greater. A list of
species to the Ozark Plateau may be found in the City
of Fayetteville Tree Preservation, Protection, and
Landscape Manual.
Natural drainage ways. (Physical Alteration of
Land) Ephemeral, intermittent and perennial streams.
Chapter 169 is not concerned with ephemeral
streams.
New construction. (Flood Damage Prevention)
For floodplain management purposes, structures for
which the "start of construction" commenced on or
after the effective date of this development code.
New Development. (Water and Wastewater
Impact Fees) Construction of a new single family
home and the construction or expansion of any other
building or structure. The change in use of a building
or structure that results in increased demand from
water and wastewater facilities shall also be
considered new development.
Nonconforming sign. (Signs) A sign existing on
12-19-72 which could not be built under the terms of
the UDC.
Nonconforming use. (Airport Zone) Any pre-
existing structure, object of natural growth, or use of
land which does not conform to the provisions of
Chapter 165 or an amendment thereto.
Nonconforming use. (Zoning) A use that lawfully
occupied a building or structure or land on the
effective date of the zoning ordinance, adopted June
29, 1970, and that does not conform to the use
regulations of the district in which it is located.
Non-native woodlands. (Tree Preservation and
Protection) A biological community of trees and
woody shrubs, covering the area of 10,000 square
feet or greater, descended from non-native species
brought to the area during urban settlement. A list of
typical non-native species may be found in the City of
Fayetteville Tree Preservation, Protection, and
Landscape Manual.
Nudity or state of nudity. (Zoning)
CD151:17
TITLE XV UNIFIED DEVELOPMENT CODE
Topping. (Tree Preservation and Protection)
Also referred to as stubbing, dehorning, pollarding
and heading; it is the severe removal of the tree
canopy back to large stubs.
Tower or communications tower. (Wireless
Telecommunications Facilities) Any structure that is
designed and constructed for the primary purpose of
supporting one or more antennas, including lattice
towers, guy towers, or monopole towers. The term
includes radio and television transmission towers,
microwave towers, common -carrier towers, cellular
telephone towers, alternative tower structures, and
the like. This term is not intended to describe
buildings or other structures that have been
constructed primarily for a purpose other than
supporting one or more antennas, despite the fact
that such structure may currently, or in the future,
actually support one or more antennas.
Towing impound yard. (Zoning) A facility
operated for the temporary storage of towed motor
vehicles that are to be claimed by their title holders or
agents, or transported to a repair shop.
Towing service. (Zoning) An establishment that
provides for the removal of a motor vehicle by towing,
carrying, hauling or pushing from public or private
property when such vehicle has been ordered to be
impounded to a public or private impound yard. This
shall not include a "motor vehicle repair and body
shop" use that has a tow truck and services vehicles
on -site.
Townhouse. (Zoning) Two or more single-family
dwelling units constructed in a series of attached units
with property lines separating each unit.
Transitional surfaces. (Airport Zone) A surface
extending outward at 90 degree angles to the runway
centerline and the runway centerline extended at a
slope of seven feet horizontally for each foot vertically
from the sides of the primary and approach surfaces
to where they intersect the horizontal and conical
surfaces.
Travel trailer. (Zoning) A vehicular, portable
structure built on a chassis, designed to be used as a
temporary dwelling for travel and recreational
purposes, having a body width not exceeding eight
feet.
Tree. (Airport Zone) Any object of natural
growth.
Tree. (Tree Preservation and Protection) Any
self-supporting woody perennial plant, usually having
a main stem or trunk and many branches, and at
maturity normally attaining a trunk diameter greater
than three inches at DBH and a height of over 10 feet.
Tree and Landscape Advisory Committee. (Tree
Preservation and Protection) An advisory committee
appointed by the City Council to assist the landscape
administrator with city beautification and the
management of its trees.
Tree preservation area. (Tree Preservation and
Protection) Those areas designated for the protection
of both preserved and planted trees depicted on a
tree preservation plan, abbreviated tree preservation
plan, preliminary plat, large scale development, or site
plan.
Tree preservation plan. (Tree Preservation and
Protection) A site plan that delineates tree
preservation areas and details measures to be taken
to ensure protection and survivability of trees to be
saved, prior to and during construction.
Tree registry. (Tree Preservation and Protection)
A list of trees registered with the city due to
documented historic association, rare tree species or
extraordinary value because of their age, size or type.
Tree surgery. (Tree Preservation and Protection)
Includes cavity filling/repair, bracing, cabling, and
wound treatment.
Turret. (DDOD) A small tower or tower -shaped
projection on a building.
U
Unified Soil Classification System. (Physical
Alteration of Land) A system adopted jointly by the
Corps of Engineers and Bureau of Reclamation in
1952 to classify soils according to texture, plasticity,
and performance as engineering construction
material.
Unit. (Building Regulations) A product or
equipment used in heating and air conditioning,
refrigeration, ventilation, or process cooling and
heating system.
Universal soil loss equation. (Physical Alteration
of Land) An equation that was developed by USDA to
determine erosion based rainfall, soil irritability, slope,
length of slope, plant cover, and mulching.
Urban. (Development) Located within the
corporate city limits.
Urban Forester. (Tree Preservation and
Protection, Landscape Regulations) The person who
is responsible for the administration of Tree
Preservation and Protection, Chapter 167 and
Landscape Regulations, Chapter 177. Also known as
Landscape Administrator.
Urban street. (Development) A street located, or
to be located, within the city limits.
CD151:25
TITLE XV UNIFIED DEVELOPMENT CODE
CHAPTER 164: SUPPLEMENTARY ZONING REGULATIONS
164.01
ACCESSORY COMMERCIAL USES................................................................................................3
164.02
ACCESSORY STRUCTURES AND USES........................................................................................3
164.03
ACCESSORY RESIDENTIAL USES IN NONRESIDENTIAL DISTRICTS.......................................3
164.04
ANIMALS AND FOWL.......................................................................................................................4
164.05
AUTOMOBILE GARAGES MOTOR VEHICLE REPAIR..................................................................5
164.06
AUTOMOBILE WASH SERVICE.......................................................................................................5
164.07
ERECTION OF MORE THAN ONE PRINCIPAL STRUCTURE ON A LOT OF RECORD...............5
164.08
EXTRACTION....................................................................................................................................5
164.09
FENCES, WALLS, AND VEGETATION............................................................................................6
164.10
GARAGE SALES...............................................................................................................................6
164.11
HEIGHT OR SETBACK REGULATIONS; EXCEPTIONS................................................................6
164.12
NONCONFORMING USES AND STRUCTURES.............................................................................6
164.13
NON RESIDENTIAL USES IN R DISTRICTS....................................................................................9
164.14
PARKING AND STORAGE OF CERTAIN VEHICLES.....................................................................10
164.15
PREFABRICATED CONSTRUCTION...............................................................................................10
164.16
STRUCTURES TO HAVE ACCESS..................................................................................................10
164.17
VISIBILITY AT INTERSECTIONS IN RESIDENTIAL/NONRESIDENTIAL DISTRICTS ..................10
164.18
SUPPLEMENTARY USE REGULATIONS........................................................................................11
164.19
ACCESSORY DWELLING UNITS(ADU)..........................................................................................12
164.20
APPROVAL OF VITAL MUNICIPAL FACILITIES.............................................................................15
164.21-164.99
RESERVED.............................................................................................................................15
CD164;1
TITLE XV UNIFIED DEVELOPMENT CODE
(Code 1965, App. A., Art. 7 (3); Ord. No. 1747, 6-29-70;
Code 1991, §160.078; Ord. No. 4100, §2 (Ex. A.), 6-16-98;
Ord. 5198, 12-2-08)
164.05 Automobile Garagos Motor
Vehicle Repair
In any district where permitted,
fiTag gasoline service stations and motor vehicle
repair and body shops shall be subject to the
following regulations. cot forth for drivo in facilitioo
loact 12 foot from a ctroot lot Imp and 26 foot from any
lot lino in an A or Ft district.
(A) All appurtenances used for repair or servicing of
vehicles which are not enclosed shall be located
at least 12 feet from a street lot line and 25 feet
from any lot line in an A or R district.
(B) Although temporarily inoperable, motor vehicles
shall have substantially all of its main component
parts attached, and where subject to a license, is
currently and validly licensed for operation upon
public streets and highways.
(C) No motor vehicle to be repaired shall be stored
on the premises longer than 45 days.
(D) No abandoned vehicles shall be stored on the
premises.
(E) Vehicles shall be parked in such a way so they
do not encroach upon City right-of-way, or block
pedestrian or vehicular visibility.
(Code 1991, §160.079; Code 1965, App. A, Art. 7(4);
Ord. No. 1747, 6-29-70)
164.07 Erection Of More Than One
Principal Structure On A Lot Of Record
In any district, more than one structure housing a
permitted principal use may be erected on a single lot,
provided that setback and other requirements of this
chapter shall be met for each structure as though it
were on an individual lot.
(Code 1965, App. A., Art. 8(4); Ord. No. 1747, 6-29-70;
Code 1991, §160.112; Ord. No. 4100, §2 (Ex. A), 6-16-98)
CD164:5
164.08 Extraction
(A) Rezoning. Extractive uses are generally
incompatible with other land uses and cannot be
permitted as a use by right in any district. Such
uses are to be considered by rezoning request.
In an extraction district no building or premises
shall be used and no building shall be erected or
altered except for one or more of the following
uses:
(1) Extractive uses as described in Use Unit 30;
(2) City-wide uses by right as described in Use
Unit 1;
(3) Park, playground, or preserve operated on a
noncommercial basis;
(4) Accessory uses and buildings.
(B) Exception. Extractions which occur in
association with development activities and not
for the primary purpose of exporting earth
products (any material of commercial value found
in the earth) shall be subject to Chapter 169,
Physical Alteration of Land without requirement
for extraction district rezoning.
(C) Operational requirements. Operations at the site
shall not create unusual traffic hazards or the
need for special public improvements, nor the
need for special protection, repair, or
maintenance of adjacent property. Blasting
operations shall be limited to Mondays through
Fridays, between 8:00 a.m. and 5:00 p.m.
Creation of undrained pockets and stagnant
pools shall be avoided to the maximum extent.
The operation of machinery (other than extraction
equipment) such as sorters, crushers, or other
processing devices shall not be permitted within
500 feet of any lot lines. While excavation is in
progress, effective steps shall be taken to control
erosion of disturbed areas. Such measures may
include seeding, mulching, screening, stabilizing,
or other cover as appropriate.
(D) Fencing and screening. Where deemed
necessary by the Planning Commission,
approved safety fences shall be provided. In
addition, where deemed necessary to protect
abutting property from diminution of land value or
use, the Planning Commission may require
approved fencing and/or screening of at least
75% opaqueness.
(E) Rezoning application. The application shall
include the following:
(1) Arkansas Open Cut Land Reclamation Act.
A letter from the State Department of
Pollution Control and Ecology stating
Fayetteville Code of Ordinances
facilities
Tool or equipment storage
200 ft.
Indoor Facilities:
Air conditioning tower or dispenser unit
50 ft.
Auditorium, ballroom, dining room, or
meeting room having a floor area of
more than 1, 200 square feet, game
court, game room, gymnasium, locker
or shower room, place where alcoholic
beverages are served, spectator
facilities, swimming pool, theater, or
similar indoor facility:
If fully air-conditioned
100 ft.
If not fully air-conditioned
200 ft.
Building of a general hospital or
50 ft.
convalescent home
Building of a hospital, sanitarium or
200 ft.
convalescent home for alcoholic,
mental, nervous, narcotic or
contagious patients
All Other Facilities:
If fully air-conditioned
50 ft.
If not fully air-conditioned
100 ft.
(Code 1965, App. A., Art. 7 (14); Ord. No. 1747, 6-29-70;
Code 1991, §160.088; Ord. No. 4100, §2 (Ex. A), 6-16-98)
164.14 Parking And Storage Of Certain
Vehicles
(A) Automotive Motor vehicles or trailers of any kind
onol000d in buildings or oarportc connoctod to
tho principal ctructuro., which are required to be
licensed, must have current license plates
properly attached (unless completely enclosed
within a building) except within the lot of the
following legally operating businesses: vehicle
sales, trailer sales, junkyards, auto salvage
yards, towing impound yards and auto body
shops.
(B) Disabled motor vehicles or trailers must be stored
inside buildings oxcopt in zonoc allowing auto
salvage unless stored within auto salvage yards,
junk yards, auto body shop lots, or towing
impound yards.
(C) Parking or storing wrecked or abandoned
vehicles within residential districts is prohibited.
(Code 1965, App. A., Art. 8(7); Ord. No. 1747, 6-29-70;
Code 1991, §160.115; Ord. No. 4100, §2 (Ex. A), 6-16-98)
Cross reference(s)--General Provisions, Ch. 150;
Administration, Ch. 152; Enforcement, Ch. 153; Appeals, Ch.
155; Notification and Public Hearings, Ch. 157; Streets and
Sidewalks, Ch. 171.
164.15 Prefabricated Construction
(A) Residential unit. Prefabricated residential units
shall be considered as a single-family or multi-
family residential unit, whichever is appropriate,
and shall meet the requirements of the governing
district.
(B) Additional requirements. In addition it shall be
necessary for all units to meet the following
requirements:
(1) The building codes of the city;
(2) Be secured to a permanent masonry or
concrete foundation;
(3) Have permanent water and sewer
connections;
(4) Have a minimum roof pitch of four to twelve
(4:12);
(5) Nongable roof ends shall have a minimum
overhang of twelve (12) inches; and
(6) Have a minimum building width of twenty
feet (20').
(Code 1965, App. A., Art. 7 (13); Ord. No. 1747, 6-29-70;
Code 1991, §160.087; Ord. No. 4100, §2 (Ex. A), 6-16-98)
164.16 Structures To Have Access
Every building hereafter erected or moved shall be
located on a lot which has frontage on a public street;
provided, the Planning Commission shall have the
authority to waive this requirement where the property
owner provides safe and convenient access for fire
protection and sanitation vehicles. All structures shall
be so located on lots as to provide safe and
convenient access for servicing, fire protection, and
required off-street parking.
(Code 1965, App. A., Art. 8(6); Ord. No. 1747, 6-29-70; Ord.
No. 2555, 8-21-79; Code 1991, §160.114; Ord. No. 4100, §2
(Ex. A), 6-16-98)
164.17 Visibility At Intersections In
Residential/Nonresidential Districts
(A) Residential. On a comer lot in any residential
district, nothing shall be erected, placed, planted,
or allowed to grow in such a manner as materially
to impede vision between a height of 2 and Y2
feet above the centerline grades of the
intersecting streets in the area bounded by the
street lines of such corner lots and a line
adjoining points along said street lines 25 feet
from the point of the intersection.
(B) Nonresidential. On a corner lot in any
nonresidential district, nothing shall be erected,
placed, planted, or allowed to grow, and no motor
vehicle or mobile home shall be parked in a
CD164:10
TITLE XV UNIFIED DEVELOPMENT CODE
manner as to materially impede vision between a
height of 2 and '/2 feet above the centerline
grades of the intersecting streets in the area
bounded by the street lines of such corner lots
and a line adjoining points along said street lines
10 feet from the point of the intersection;
provided, this restriction shall not be applicable to
a corner lot located in a DC, MSC or DG zoning
district.
(Code 1965, App. A., Art. 8(1, 1.1); Ord. No. 1747, 6-29-70;
Ord. No. 2193, 2-3-76; Code 1991, §160.110; Ord. No.
4100, §2 (Ex. A), 6-16-98; Ord. 5028, 6-19-07)
164.18 Supplementary Use Regulations
(G A) Gasoline service stations. A gasoline
service station shall be subject to the following
requirements:
(1) Bulk and area. Gasoline service stations
shall be regulated by the bulk and area
requirements of the district in which it is
located and the following:
Minimum setback of pump
island, compressed air
connection and similar
equipment from all right-of-
way lines
25 ft.
Minimum setback of canopy
20 ft.
covering pump island,
compressed air connection
and similar equipment from
all right-of-way lines.
("Canopies shall not be
considered a part of the
building for determining
building setbacks even if
said canopies are attached
to the principal structure.)
(2) Signs. Any permitted sign shall be stationary
and shall conform in all respects to the
applicable regulations pertaining to signs.
(3) Auto washing. Washing of autos shall be
entirely within an enclosed structure.
(Code 1965, App., A., Art. 7 (9); Ord. No. 1747, 6-29-70;
Ord. No. 1870; 6-19-72; Ord. No. 2126, 7-15-75; Code 1991,
§160.084; Ord. No. 4100, §2 (Ex. A), 6-16-98); Ord. 5271, 9-
1-09)
(I. B) Retail liquor stores. Retail liquor stores may
be located in those zoning districts where such
use is permitted, subject to the following
conditions:
(1) Church/school/hospital. No retail liquor store
shall be located within 600 feet (200 yards)
of any church, hospital, or school house. For
the purpose of this section, "schoolhouse"
shall include classroom and dormitory
buildings of the University of Arkansas.
(2) Residential zone. No retail liquor store shall
be located on any property two or more
sides of which abut or are across the street
from and perpendicular to property zoned
residential. For the purpose of this section
the term "street" shall not include any federal
highway.
(Code 1965, App. A., Art. 7 (22); Ord. No. 1747, 6-29-70;
Ord. No. 2122, 7-15-75; Ord. No. 2380, 9-21-77; Code 1991,
§160.092; Ord. No. 4100, §2 (Ex. A), 6-16-98)
CD164:11
Fayetteville Code of Ordinances
(F C) Riding stables. In any district where
permitted, riding stables shall be subject to the
following conditions.
(1) Minimum area. Riding stables shall not be
located on any property which does not
contain a minimum of 40 acres of
undeveloped land.
(2) Setback from residential property lines. No
riding stable shall be located within 250 feet
of the property line of any abutting property
zoned residential and no riding path shall be
located within 100 feet of the property line of
any abutting property zoned residential.
(3) Extent of operations. The operation of a
riding stable shall be limited to the boarding
of horses, the providing of riding lessons,
and the renting of riding horses, saddles,
bridles, and other accessories for use on the
premises. No horse racing or horse shows
shall be permitted on the premises; provided,
horse shows displaying only those horses
used in the daily operation of a riding stable
may be permitted. The operation of a riding
stable shall be limited to the hours of 6:00
a.m. to 10:00 p.m.
(4) Number of horses permitted. The number of
horses permitted on premises used for a
riding stable shall be limited to one horse for
every three -fourths (3/4) acre of
undeveloped land.
(Code 1965, App. A., Art. 7 (23); Ord. No. 1747, 6-29-70;
Ord. No. 2123, 7-25-75; Code 1991, §160.092; Ord, No.
4100, §2 (Ex. A), 6-16-98)
(D) Towing Impound yards. An impound yard shall
be subject to the following:
(1) Motor vehicles shall not be stored on the
premises longer than 45 days.
(2) Impound yards shall be surrounding on all
sides by a minimum 6 foot tall wood board
privacy fence.
164.19 Accessory Dwelling Units (ADU)
(A) Purpose. The purpose of the accessory dwelling
unit ordinance is to authorize accessory dwelling
units in certain zoning districts on lots already
developed or that will be developed concurrently
with single-family dwellings.
(B) Intent. Planning Staff shall evaluate the following
criteria for the review and approval of an
accessory dwelling unit application:
(1) Exterior design of the accessory dwelling
unit should be compatible with the principal
dwelling unit through architectural use of
building forms, height, construction
materials, and colors.
(2) The property shall have infrastructure (water,
sewer, gas, electric, etc.) that meets City
standards to serve the accessory dwelling
unit.
(3) The location and design of the accessory
dwelling unit shall meet the required
setbacks of the zoning district.
(4) A two-story accessory dwelling unit should
generally limit the major access stairs,
decks, entry doors, and major windows to
the walls facing the principal dwelling, or to
the alley if applicable. Windows that impact
the privacy of the neighboring side or rear
yard should be minimized. The design of the
accessory unit should relate to the design of
the principal residence and not visually
dominate it or the surrounding properties.
(5) The orientation and location of buildings,
structures, open spaces and other features
of the site should protect and maintain
natural resources including significant trees
and shrubs to the extent feasible and
minimize alteration of natural land forms.
Building profiles, location and orientation
should relate to natural land forms.
(6) The site plan should incorporate low impact
storm water mitigation techniques, such as
cisterns, rain barrels, permeable pavers, rain
gardens, indigenous plants and landscape
berms.
(C) Permitted Zoning Districts: Accessory dwelling
units shall be exempt from the density
requirements of the underlying zoning district and
shall be permitted by- right on lots containing
5,000 square feet or more in the following Zoning
districts:
(1) R -A Residential Agricultural
(2) RSF — 0.5 Residential Single Family — One
Half Unit per Acre
(3) RSF — 1 Residential Single Family — One
Unit per Acre
(4) RSF — 2 Residential Single Family — Two
Units per Acre
(5) RSF — 4 Residential Single Family — Four
Units per Acre
CD164:12
-F-�Qh\CLkd czca 6--t
a e evl le
�1 'ARKANSAS®
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan, City Council
Thru: Don Mart, Chief of Staff
From: Jeremy Pate, Development Services Directors
Date: September 2, 2010
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
Subject: ADM 09-3466 UDC Chapter 151 and 164 vehicle related businesses — Proposed Amendments
After hearing discussion by the Council and members of the public since the last City Council meeting
regarding this UDC amendment, staff has prepared some amendments that we wish for the Council to consider
before voting on the ordinance as a whole. Following is a description of these amendments, and attached is a
replacement ordinance that includes all of the recommended changes.
1) Automotive repair shops. Rather than state that no motor vehicle to be repaired shall be stored on the
premises more than 45 days, staff proposes specifying the types of vehicles that are more typically
complained about, e.g, vehicles that have broken windows, are wrecked, have doors or hoods missing,
wheels are removed, etc. The amendment clarifies that if a vehicle is wrecked or has missing/damaged
parts such that it can not be driven, it may be stored outside for a total of 45 days. If more time is needed
to make the repairs, the vehicle needs to be moved indoors or to a different property. A vehicle that
simply has a motor problem, needs interior work or is disabled for some other reason, but otherwise
appears to be a fully whole and functional vehicle without missing or damaged body parts, would not be
limited on the time it can remain stored outside.
2) Parking on sidewalks. This section is currently located under motor vehicle repair shops. It should more
appropriately be located under "parking and storage of certain vehicles."
3) Antique/hobbyist vehicles. Staff added this language to § 166.14 to clarify that antique/hobbyist vehicles
are allowed to located on certain properties in the city, but if they are disabled, they must be stored
inside.
In addition to these amendments, staff has also prepared, for consideration, an "exception" clause for the
unique circumstances that may cause a motor vehicle repair shop owner to request that a wrecked or bodily
disabled vehicle be stored outside on the property more than 45 days. This language has not been included in
the ordinance draft attached, and if desired, should be included as an additional amendment. I generally prefer
to not have another "unique circumstance" to review for this particular ordinance, for I feel that it would be hard
for planning staff to determine the circumstance is unique or verifiable, without getting into a business's records
regarding when they ordered a part, or where it is manufactured, etc. Staff's recommendation is for the 45 days
THE CITY OF FAYETTEVILLE, ARKANSAS
maximum to be tried first, and if it becomes a common or prevalent issue, staff can bring back to the Council an
exception clause or look at extending the 45 days.
Exception Language
164.05 (E) Exceptions. A property owner that needs to request an extension to the maximum of 45 days of
outdoor vehicle storage noted herein shall provide to the Planning Division evidence proving unique
circumstances prevent the vehicle from being repaired within the 45 days, moved inside, or removed from the
property. Such cases may be deemed suitable by the Planning Division, wherein the circumstance meets the
purpose and intent of the ordinance. If the Planning Division approves the special exception, a permit letter will
be issued for the address, indicating the time period that the specific vehicle(s) may continue to be stored on the
property.
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE XV: UNIFIED DEVELOPMENT
CODE OF THE CITY OF FAYETTEVILLE, CHAPTERS 151: DEFINITIONS
AND 164: SUPPLEMENTARY ZONING REGULATIONS, IN ORDER TO
INCLUDE ADDITIONAL DEFINITIONS AND REQUIREMENTS FOR
VEHICLE RELATED BUSINESSES.
WHEREAS, the City of Fayetteville Unified Development Code was adopted to further the health,
safety and general welfare of the community, and to promote an orderly and appropriate mix of land uses; and
WHEREAS, land uses that include the storage of disabled, wrecked, or inoperable vehicles can create
a public nuisance and adversely impact surrounding properties and neighborhoods ; and
WHEREAS, the City of Fayetteville Unified Development Code should provide regulations that
protect neighborhoods, commercial and industrial districts, and makes a livable community.
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:
Definitions by inserting in alphabetical order the following definitions:
"Auto Salvage. (Zoning) The dismantling or wrecking of motor vehicles or trailers, or the storage,
keeping, selling, buying, or dumping of any wrecked, scrapped, ruined, dismantled, disabled, or inoperable
motor vehicle or motor vehicle part."
"Junkyard. (Zoning) Any worn out or discarded materials including but not limited to scrap metal,
inoperable motor vehicles and parts, construction material, discarded appliances, or other material in a condition
such that it cannot be used for its original purposes."
"Motor vehicle. (Zoning) A self-propelled vehicle that would have to be licensed to be operated on the
public streets and highways. (See Chapter 14 of Title 27 of the Arkansas Code.)"
"Motor vehicle accessory store. (Zoning) Stores that sell new automobile parts, tires, and/or
accessories."
"Motor vehicle repair and body shop. (Zoning) Any property, building or portion thereof used for the
service and repair of motor vehicles including major mechanical repair and body work, straightening of body
parts, painting, welding, or other work involving noise, glare, fumes, smoke, or other characteristics to an extent
greater than normally found in gasoline service stations."
"Towing impound yard (Zoning) A facility operated for the temporary storage of towed motor
vehicles that are to be claimed by their title holders or agents, or transported to a repair shop."
"Towing service. (Zoning) An establishment that provides for the removal of a motor vehicle by towing,
carrying, hauling or pushing from public or private property when such vehicle has been ordered to be
impounded to a public or private impound yard. This shall not include a "motor vehicle repair and body shop"
use that has a tow truck and services vehicles on -site."
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends §151.01:
Definitions by renaming "Filling station (Zoning)" to "Gasoline service station. (Zoning)" and placing it in
alphabetical order.
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby repeals §164.05
Automobile Garages and enacts a replacement §164.05, as follows:
§164.05 Motor Vehicle Repair
In any district where permitted, gasoline service stations and motor vehicle repair and body shops shall be
subject to the following regulations:
(A) All appurtenances used for repair or servicing of vehicles which are not enclosed shall be located at
least 12 feet from a street lot line and 25 feet from any lot line of agricultural or residential district.
(B) Although temporarily inoperable, motor vehicles shall have substantially all of its main component
pans attached, and where subject to a license, shall be currently and validly licensed for operation upon
public streets and highways.
(C) Vehicles or trailers that are wrecked, or that have missing or damaged parts such that it can not be
maintained for driving, may not be stored outside longer than 45 days. If more time is needed for
repairs, the vehicle or trailer shall he stored inside a building or removed from the property.
(D) Abandoned vehicles shall not be stored on the premises.
Section 4. That the City Council of the City of Fayetteville, Arkansas hereby amends §164.06
Automobile Wash Service by repealing the section and renaming the section "Reserved."
Section 5. That the City Council of the City of Fayetteville, Arkansas hereby repeals §164.14 Parking
And Storage Of Certain Vehicles and enacts a replacement §164.14, as follows:
§164.14 Parking And Storage of Certain Vehicles
(A) Motor vehicles or trailers of any kind, which are required to he licensed, must have current license
plates properly attached (unless completely enclosed within a building) except within the lot of the
following legally operating businesses: vehicle sales, trailer sales, junkyards, and auto salvage yards.
(B) Disabled motor vehicles or trailers, including antique/hobbyist vehicles, must be stored inside
buildings unless stored within auto salvage yards, junk yards, auto body shop lots, or towing impound
yards.
(C) Parking or storing wrecked or abandoned vehicles within residential districts is prohibited.
(D) Vehicles in any zoning district shall be parked in such a way so they do not encroach upon a public
sidewalk, or block pedestrian or vehicular use and visibility.
Section 6. That the City Council of the City of Fayetteville, Arkansas hereby repeals §164.18 (A)
Automobile garages, § 164.18 (B) Automobile wash service, and §164.18 (D) Industrial Parks, and renumbers
the remaining subsections sequentially.
Section 7. That the City Council of the City of Fayetteville, Arkansas hereby amends §164.18 to insert
the following subsection:
(D) Towing impound yards. An impound yard shall be subject to the following:
(1) Motor vehicles shall not be stored on the premises longer than 45 days.
(2) Impound yards shall be surrounding on all sides by a minimum 6 foot tall wood board privacy
fence.
PASSED and APPROVED this the
APPROVED:
day of _, 2010.
ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
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
OCT 01 2010
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 Washington & 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 No 5348
September 16, 2010
Publication Charge : $ 259.40
Signed:�'-------
Subscribed and qsworn to before me
ThisT day of , 2010.
Notary Public ��� 1"��
E
OSHUA M CYNCH
ry Puoilo-A(I' 8os
My Commission Expires: shington County
ssion Expires 10-28-201 E
iO---i -- Zc? g' nlsslon # 12366414
Do not pay from Affidavit, an invoice will be sent
ORDINANCE NO. §,.di E
ANORDINANCEAMENDING F
UNIFIED DEVELOPMENT , CODE OF THST1CITY
DEFN AYONSAN CHAPTERS 151: ARY
ZON IREGANDOIN ORDE NTARY
INCLUDE
DRADDITONAL DEFINITIONS
- ARKANSAS
REQUIREMENTS
LOR VMTTONS
AND FOR VEHICLE
RELATED BUSINESSES.
WHEREAS, the City of Fayetteville Unified Development Code was adopted to
further the health, safety and general welfare of the coomunity, and to promote an orderly and
appropriate mix of land uses; and
WHEREAS, land use that include the storage of disabled, wrecked, or
inoperable vehicles can create a public nuisance mid adversely impact surrounding properties and
tiesgh6orLmdsand
WHEREAS, the City of Fayetteville Unified Development Code should provide
regulations that protect neighborhoods, commercial end industrial districts, andmakes a livable
community.
NOW, T'ID:!1EFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of FayetaviOgArlmnsas hereby
amends §151.01: Definitions by inserting in alphabetical order the following definitions:
"Auto Salvage. (Zoning) The dismantling or wrecking ofinetes vehicles or trailen; or the
storage, keeping, selling, buying, or dumping of any wrecked, scrapped, mined, dismantled,
disabled, or inoperable motor vehicle or motor vehicle pert."
"Junkyard (Zoning) Any worn out or discarded materials including but not limited to scrap
metal, inoperable motor vehicles and parts, construction material, discarded appliances, or other
material in a condition each that it cannot be used far its original purposes."
"Motor vehicle (Zoning) A self-propelled vehicle that would have to be licensed to be operated
on the publicstreets and highways. (See Chapter 14 of Title 27 of the Arkansas Ceder
"Motor vehicle occemorystom (Zoning) Storrs that sell new automobile parts, sizes, and/or
accessories." _
tr vuu,yl ww yu,a3. Tharan City
...___
gMr0G3.gesand enacts
Coumiloften City of5.Yetfollows: Arkansas hereby repeals
§164.05 Automobile Garages and eiactsareplacemenf§Ib4.05,ea follows:
§164.05 Moser Vehicle Repair
In any district where permitted, gasoline service stations and motor vehicle repair and body
shops shelf be subject to the following regulations:
(A)All appurtenances used for repair or servicing of vehicles which are nocemlosed shall
be located at least 12 feet from a street let line and 25 feet from any lot line of
agricultural or residential district
(B) Although temporarily inoperable, motor vehicles stall have substantially all of its
maincomponentputs atiachedmd where subjectto a hemse,aball becwrenoly ..
and validly licensed for operation upon public sheets and highways.
(C) Vehicles or trailers that are wrecked, or that have missing or damaged parts such
this it can not be maintained for driving, may not be stored outride longer than 4$'
days. If more time is needed for repairs, the vehicle or trailer shall be stored Inside
building or removed from the property.
(D) Abandoned vehicles shill not be stated on the premises.
Section4. That the City Council of the City of Fayettevile, Arkansas hereby
amends § 164.06 Automobile Wash. Service by repealing the section and.renaming the secfiop: .
"Reserved."
Section S. That the City Council of the City of Fayeaevlle. Arkansas hereby repeals
§164.14 PerkingAnd Storage Of Certain Vehicles and inch areplaeement §164:14, as follows:
§164.14 Parking And Storage of Certain Vehicle
(A), Motor vehicles or trailers of any kind, which are inquired to be licensed,must
have current license plates properly atechd (unless completely enclosed within a
building) except within the lot of the following legally operating businesses: vehicle
sales, patter sales, junkyards, mid era salvage yards.
(B) Disabled motor vehicles or trailers, including antiquehobbyist'vehicks, must be
stored inside buildings undeu stored within are salvage yards, junk yards, auto _.
body shop lots, ortowing unpourdyards.-- (C) Parlan§ orstoring wrecked or abandoned vehicles within residential districts is
-prohiTnted
(D) Vehicles in way mn$ district shall be parked in such a way so they do not
encroach upon a public sidewalk, or black pedestrian or vehicular use and visibility.
Section 6. That the City Council of the City ofFayettevlle, Arkansaspaeby
repeals §164.18
(A) Automobile getagea, §164.18(B) Automobile wash service, end §164.18 (D) Industrial
Parks, and renumbers the remstniug subsections sequentially.
Section 7. Tat the City Council of the City ofFayemville, Arkmsas hereby
amends §164.18 to invest the following subsection:
(D) Towing impoundyerds. An impound Yard elan be subjectmthe following:.
(1) Motor vehicles shell sot'be souredonthep$� ses longerthin45 days.
(2) Impound ymdarvazlfbe rrmmding on all sales byemhiunum foot tall
PASSED and APPROVED this the 7e day of September, 2010.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayo SONDRAE, SMITIL CityC nosier