Loading...
HomeMy WebLinkAboutOrdinance 5592ORDINANCE NO. 5592 AN ORDINANCE TO AMEND CHAPTERS 151, 161, 164, AND 172 OF THE UNIFIED DEVELOPMENT CODE TO MODIFY CERTAIN STANDARDS WITHIN URBAN ZONING DISTRICTS, TO CLARIFY AND ADD FLEXIBILITY TO SOME OF THESE REQUIREMENTS, TO AMEND BUILDING HEIGHT REFERENCES AND ADD A MAXIMUM BUILDING HEIGHT TO THE C-1 ZONING DISTRICT, AND TO PROVIDE SUPPLEMENTAL DESIGN STANDARDS FOR AUTO -ORIENTED FACILITIES WITHIN THESE DISTRICTS. WHEREAS, the utilization of urban or "form -based" zoning districts is a specific benchmark adopted by the City Council in Fayetteville's City Plan 2030 Future Land Use Plan; and WHEREAS, in 2009 the City Council adopted new standards related to urban zoning districts that were to be applied city-wide; and WHEREAS, the Unified Development Code should be amended from time to time to include a range of zoning districts and uses that meet the evolving needs and expectations of Fayetteville citizens, businesses, and land developers; and WHEREAS, the City Planning staff has identified changes that will encourage the development of a "traditional town form" and "appropriate infill as our highest priority," at the proper scale and transition to surrounding properties. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby amends §151 Definitions of the Unified Development Code by repealing these definitions and enacting replacement definitions as shown below: "Build -to Zone. A build -to zone is a range of allowable distances from a street right-of- way in which a building or structure shall be constructed in order to create a moderately uniform line of buildings along the street. Minimum buildable street frontage. (Zoning). The minimum required percentage of a lot'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 or structure Page 2 Ordinance No. 5592 within the build -to zone, subject to Supplementary District Regulations. 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 §161 Zoning Districts of the Unified Development Code as shown in Exhibit "A" attached hereto. Section 3. That the City Council of the City of Fayetteville, Arkansas hereby amends §164.02 Accessory Structures and Uses of the Unified Development Code to add the following:" (4) Build -to zones. Accessory structures shall be exempt from meeting the requirements of the build -to zone in any zoning district." Section 4. That the City Council of the City of Fayetteville, Arkansas hereby adopts § 164.06 Minimum Buildable Street Frontage as shown in Exhibit `B" attached hereto. Section 5. That the City Council of the City of Fayetteville, Arkansas hereby amends §172.04 Parking Lot Design Standards of the Unified Development Code by repealing subsections "A" and "C" and enacting replacement sections "A" and "C" as shown below: "(A) Maneuvering. Parking lots shall be designated, maintained, and regulated so that no parking or maneuvering incidental to parking will encroach into the areas designated for sidewalks, streets, or required landscaping. Parking lots shall be designed so that parking and un- parking can occur without moving other vehicles, unless a valet service has been approved as part of the development plans. Vehicles shall exit the parking lot in a forward motion. (C) Build -to zone. A portion of a required parking lot may be located within the build -to zone, subject to the following: (1) A parking lot located within the build -to zone shall be screened with a masonry screen wall between 32' and 42" in height and 50% opaque minimum. (2) Parking lots that are located within the build -to zone shall comply with Chapter 177: Landscape Regulations, related to landscape setbacks. (3) Off -site parking lots shall be prohibited from being located within the build -to zone." Page 3 Ordinmee No. 5592 PASSED and APPROVED this 18"' day of June, 2013. APPROVED: ATTEST: r SONDRA E. SM IT", City Clerk/Treasurer III tt Rt FAYCIFEVILU."n2 ADM 13-4353 Exhibit "A" CHAPTER 161: ZONING 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. (6) Uses. (1) Permitted uses. Unit 1 Cit -wide uses b right Unit 8 e-famil dwellings Sin l-di Unit 9 Two-family dwellings Unit 10 Three-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 5 Government facilities Unit 12 Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. 11 Units per acre 1 12 or less (D) Bulk and area regulations. Single- Two- Three- family family family Lot width 60 ft. 70 ft. 90 ft. minimum Lot area 6,000 sq. 7,260 sq. 10,890 sq. minimum ft. ft. ft. Land area 6,000 sq. 3,630 sq, 3.630 sq. per ft. ft. ft. dwelling unit (E) Setback requirements. Front 1 Side Rear A build -to zone 1 8 ft. 20 ft. that is located between the front property line and a line 25 feet from the front property line. (F) Building height regulations. FF--Building height maximum 30/45 ft.* 11 "A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right- of-way line shall have a maximum height of 30 feet. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of 45 feet. (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 the lot width. (Code 1966, 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; Ord. 5262, 84-09; Ord. 5312, 4-20- 10) Cross reference(s)--Variance, Ch- 156. 161.11 District RMF-6, Residential Multi -Family — Six Units Per Acre (A) Purpose. The RMF-6 Multi -family Residential District is designed to permit and encourage the development of multi -family residences at a low density that is appropriate to the area and can serve as a transition between higher densities and single-family residential areas. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 26 Multi-famil dwellin s (2) Conditional uses. Unit 2 City-wide uses by conditional use Page 1 of 14 ADM 13-4353 Exhibit "A" permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 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. Units per acre 16 or less (D) Bulk and area regulations. (1) Lot width minimum. Manufactured home park 100 ft. Lot within a manufactured home park 50 ft. Single-family 60 ft. Two-family 60 ft. Three and more 90 ft. Professional offices 100 ft. (2) Lot area minimum. Manufactured home park 3 acres Lot within a Manufactured home park 4,200 sq. ft. Townhouse: •Development •Individual lot 10,000 sq. ft. 2.500 sq. ft. Single-family 6,000 sq. ft. Two-family 7,000 s . ft. Three or more 9,000 sq. 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. Two or more bedrooms 2,000 sq. ft. Fraternity or Sorority 1,000 sq. ft. per resident (E) Setback requirements. Front Side Rear A build -to zone 8 ft. 25 ft. that is located between the front property line and a line 25 feet from the front property line. Cross reference(s)--Variances, Ch. 156. (F) Building height regulations. 11 Building Hei ht Maximum 1 30/45 ft.* "A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right- of-way line shall have a maximum height of 30 feet. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of 45 feet. 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 the lot width. (Ord. No. 4325, 7-3-01; Ord. 5028, 6-19-07; Ord. 5224, 3-3-09; Ord. 5262, 8-4-09; Ord. 5312, 4-20-10) 161.12 District RMF-12, Residential Multi -Family — Twelve Units Per Acre (A) Purpose. The RMF-12 Multi -family Residential District is designed to permit and encourage the development of multi -family residences at a moderate density that is appropriate to the area. (B) Uses. (1) Permitted uses. Cit -wide uses b ri ht Sin le-famil dwellin s rnnit Two-famil dwellin s 0 Three-famil dwellin s 6 Multi -family 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 Page 2 of 14 ADM 13-4353 Exhibit "A" Unit 11 Manufactured home park Unit 12 Limited business Unit 24 Home occupations Unit 25 Professional offices Unit36 Wireless communications facilities (C) Density. 11 Units per acre 1 12 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. the front property line. Cross reference(s)--Variances, Ch. 156 (F) Building height regulations. Buildin Hei ht Maximum 30/ "A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right- of-way line shall have a maximum height of 30 feet. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of 45 feet. 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. (2) Lot area minimum. (G) Building area. None. Manufactured home ark 3 acres Lot within a manufactured home ark 4,200 sq. ft. Townhouse: Development Individual lot 10,000 sq. ft. 2,500 sq. ft. Sin le-famil 6,000 sq. ft. Two-family 7,000 sq. ft. Three or more 9,000 sq. ft. Fraternity or Sorority 2 acres Professional offices 1 acre (3) Land area per dwelling unit. Manufactured home 3,000 sq. ft. Apartments: No bedrooms 1,700 sq. ft. One bedroom 1,700 sq. ft. Two or more bedrooms 2.000 sq. ft. Fraternity or Sorority 1,000 sq. ft. per resident (E) Setback requirements. Front Side Rear A build -to zone 8 ft. 25 ft. that is located between the front property line and a line 25 feet from (H) Minimum buildable street frontage. 50% of the lot width. (Ord. No. 4325, 7-3-01; Ord. 5028, 6-19-07; Ord. 5224, 3-3-09; Ord. 5262, 8-4-09; Ord. 5312, 4-20-10) 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 dwellin s Unit 9 Two-family dwellings Unit 10 Three-family dwellin s Unit 26 Multi -family dwellings (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Page 3 of 14 ADM 13-4353 Exhibit "A" 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 park 50 ft. Single-family 60 ft. Two-family 60 ft. Three and more 90 ft. Professional offices 100 ft. (2) Lot area minimum. Manufactured home park 3 acres Lot within a manufactured home park 4,200 sq. ft. Townhouse: Development Individual lot 10,000 sq. ft. 2,500 sq. ft. Single-family 6,000 sq. ft. Two-famil 7,000 sq. ft. Three or more 9,000 sq. ft. Fraternityor Sorority2 acres Professional offices 1 acre (F) Building height regulations. Bui]din Hei hl Maximum 30/45 V *A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right- of-way line shall have a maximum height of 30 feet. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of 45 feet. 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 the lot width. (Ord. No. 4325, 7-3-01; Ord. 5028, 6-19-07; Ord. 5224, 3-3-09; Ord. 5262, 8-4-09; Ord. 5312, 4-20-10) 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. (3) Land area per dwelling unit. (B) Uses. Manufactured Home 3.000 sq. ft. Apartments: No bedrooms 1,700 sq. ft. One bedroom 1,700 sq. ft. Two or more bedrooms 2,000 sq. ft. Fraternity or Sorority 1,000 sq. ft. per resident (E) Setback requirements. Front Side Rear A build -to zone 8 ft. 25 ft. that is located between the front property line and a line 25 feet from the front property line. Cross reference(s) --Variances, Ch. 156. (1) Permitted uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellin s Unit 26 Multi -family dwellings (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 11 Manufactured home park Unit 12 Limited business Unit 25 Professional offices Unit 24 Home occu ations Page 4 of 14 ADM 13-4353 Exhibit "A" Unit 36 Wireless communications facilities (C) Density. 11 Units per acre 1 24 or less III (D) Bulk and area regulations. (1) Lot width minimum. Manufactured home ark 100 ft. Lot within a Manufactured home ark 50 ft. Single-family 60 ft. Two-family 60 ft. Three or more 90 ft. Professional offices 1 100 ft. (2) Lot area minimum. Manufactured home ark 3 acres Lot within a mobile home park 4.200 sq. ft. Townhouses: Development Individual lot 10.000 sq. ft. 2,500 sq. ft. Single-family 6,000 sq. ft. Two-family 7,000 sq. ft. Three or more 9.000 sq.ft. Fraternit or Sororit 2 acres Professional offices 1 acres (3) Land area per dwelling unit. Manufactured home 3,000 sq. ft. Apartments: No bedroom 1,700 sq. ft. One bedroom 1,700 sq. ft. Two bedroom 2,000 sq. ft. Fraternity or Sorority 1,000 sq. ft. per resident (E) Setback requirements. Front Side Rear A build -to 8 ft. 25 ft. zone that is located between the front property line and a line 25 feet from the front ro ertline. Cross reference(s)--Variance, Ch. 156. (F) Building height regulations. Buildin2 Height Maximum 1 30/45/60ft.' "A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right- of-way line shall have a maximum height of 30 feet, between 10-20 feet from the master street plan right-of-way a maximum height of 45 feet and buildings or portions of the building set back greater than 20 feet from the master street plan right-of-way shall have a maximum height of 60 feet. 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 the 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. 6028, 6-19-07; Ord. 5079, 11-20-07; Ord. 5224, 3-3-09; Ord. 5262, 8-4-09; Ord. 5312, 4-20-10) 161.15 District RMF-40, Residential Multi -Family — Forty Units Per Acre (A) Purpose. The RMF-40 Multi -family Residential District is designated to protect existing high density multi -family development and to encourage additional development of this type where it is desirable. (B) Uses. (1) Permitted uses. -wide uses b ri ht Sin le-famil dwellin s EntCit Two-famil dwellin s Three-familydwellings Unit 26 Multi -family dwellings (2) Conditional uses. Unit 2 it -wide uses by CUP Unit 3 Public protection and utility facilities Unit 4 1 Cultural and recreational facilities Unit 5 Government facilities Page 5 of 14 ADM 13-4353 Exhibit "A" Unit 11 Manufactured home park Unit 12 Limited business Unit 24 Home occupation Unit 25 Professional offices Unit 36 Wireless communications facilities (C) Density. 11 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 ark 50 ft. Single-family 60 ft. Two-family 60 ft. Three or more 90 ft. Professional offices 100 ft. Cross reference(s)--Variance, Ch. 156, (F) Building height regulations. Building Height Maximum I 30/45/60 ft.* *A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right- of-way line shall have a maximum height of 30 feet, between 10-20 feet from the master street plan right-of-way a maximum height of 45 feet and buildings or portions of the building set back greater than 20 feet from the master street plan right-of-way shall have a maximum height of 60 feet. 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. (2) Lot area minimum. (G) Building area. None. Manufactured home 3 acres ark Lot within a 4,200 sq. ft. manufactured home ark Townhouses: Development 10,000 sq. ft. Individual lot Single-family6,000 s . ft. Two-family6,500 s . ft. Three or more 8,000 sq. ft. Fraternitv or Sorority 1 acre (3) Land area per dwelling unit. Manufactured home park 3,000 sq. ft. Townhouses & Apartments No bedroom 1,000 sq. ft One bedroom 1,000 sq. ft. Two or more bedrooms 1,200 sq. ft. Fraternity or Sorority 500 sq. ft. per resident (E) Setback requirements. Front Side Rear A build -to zone 8 ft. 20 ft. that is located between the front property line and a line 25 feet from the front property line. (H) Minimum buildable street frontage. 50% of the lot width. (Code 1965, App. A., Art. 5(IV); Ord. No. 2320, 4-5-77; Ord. No. 2700, 2-2-81; Ord. No. 1747, 6-29-70; Code 1991. §160.034; Ord. No. 4100. §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. 5028, 6-19-07; Ord. 5224, 3-3-09; Ord- 5262, 8-4-09; Ord. 5312, 4-20-10) 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 ri ht Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 12 Limited Business Unit 24 Home occupations Unit41 Accessory dwelling units Page 6 of 14 ADM 13-4353 Exhibit "A" Note: Any combination of above uses is (Ord. 5312, 4-20-10) permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. 161.18 District C-1, Neighborhood Commercial (2) Conditional uses Unit 2 Cit -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-famil dwellin s Unit 36 Wireless communication facilities* Unit 40 Sidewalk cafes (C) Density. 11 Units per acre 10 or less (D) Bulk and Area (1) Lot width minimum Sin le-famil 35 feet Two-famil 70 feet Three or more 90 feet All other uses None (2) Lot area minimum. Single-family 4,000 s . ft. Two-family or more 3,000 sq. ft. of lot area er dwellinq unit All other permitted and conditional None uses (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 Cit -wide uses by right Unit 5 Government Facilities Unit 13 Eating laces Unit 15 Neighborhood shopping Unit 18 Gasoline service stations and drive- in/drive through restaurants Unit 25 Offices, studios, and related services (2) Conditional uses. Unit2 City-wide uses by conditional use permit Unit 3 Public protection 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 (E) Setback regulations. Front: A build -to zone that is located between 10 and 25 feet from the front property line. Side 5 feet Rear 15 feet (F) Building height regulations. 11 Building Height Maximum 145 ft. Front 15 ft. Front, if parking is allowed between the right-of-way and the building 50 ft. Side None Side, when contiguous to a residential district 10 ft. Rear 20 ft. (F) Building height regulations. (G) Building area. On any lot, the area occupied Building Height Maximum 156 ft.* by all buildings shall not exceed 60% of the total area of the lot. *Any building which exceeds the height of 20 feet shall be setback from any boundary line Page 7 of 14 ADM 13-4353 Exhibit "A" 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 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; Ord. 5312, 4- 20-10; Ord. 5339, 8-3-10) Unit 16 Shopping oods Unit 17 Transportation, trades and services Unit 19 Commercial recreation, small sites Unit 28 Center for collecting 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 161.19 Community Services (D) Bulk and area regulations. (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. (6) 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 oods Unit 18 Gasoline service stations and drive- in/drive through restaurants Unit 24 Home occupations Unit 25 Offices, studios and related services Unit 26 Multi-familX 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. (1) Lot width minimum. Dwellinq 18 ft. All others None (2) Lot area minimum. None (E) Setback regulations. Front: 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 single- family residential district: (F) Building Height Regulations. Buildin Hei ht Maximum 1 56 ft. (G) Minimum buildable street frontage. 50% of the lot width. (Ord. 5312, 4-20-10; Ord. 5339, 8-3-10) 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. (2) Conditional uses. (B) Uses. Unit 2 City-wide uses by (1) Permitted uses. conditional use permit Unit 3 1 Public protection and utility facilities Unit 1 City-wide uses b right Unit 14 Hotel, motel and amusement services Unit 4 Cultural and recreational facilities Page 8 of 14 ADM 13-4353 Exhibit "A" Unit 5 Government Facilities Unit 13 Eating laces Unit 14 Hotel, motel, and amusement facilities Unit 16 Shopping oods Unit 17 Transportation trades and services Unit 18 Gasoline service stations and drive- in/drive through restaurants 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 City-wide uses by conditional use ermit Unit 3 Public Drotection and utility facilities Unit Warehousing and wholesale 21 Unit Center for collecting recyclable 28 materials Unit Dance Halls 29 Unit Sexually oriented business 32 Unit Outdoor music establishments 35 Unit Wireless communications facilities 36 Unit Mini -storage units 38 Unit Sidewalk Cafes 40 Unit Clean technologies 42 Unit Animal boarding and training 43 (C) Density. None. (D) Bulk and area regulations. None. (E) Setback regulations. Front 15 ft. Front, if parking is allowed between the right-of-way and the building 50 ft. Side None Side, when contiguous to a residential district 15 ft. Rear 20 ft. (F) Building height regulations. 11 Building Height Maximum 1 75 ft.* "Any building which exceeds the height of 20 feet shall be set back from a 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(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; Ord. 5312, 4-20-10; Ord. 5339, 8-3-10; 5353, 9-7-10) 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 Shopl)inqqoods Unit 17 Transportation trades and services Unit 18 Gasoline service stations and drive- in/drive through restaurants Unit 19 Commercial recreation small sites Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings 34 Liquor store RUnit Unit 41 Accesso Dwellin s Note: Any combination of above uses is permitted upon any lot within this zone. Page 9 of 14 ADM 13-4353 Exhibit "A" 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 Unit 43 Animal boarding and training (C) Density. None (D) Bulk and area regulations. (1) Lot width minimum Single-family dwellin_q 18 feet All other dwellin s None Non-residential None (2) Lot area minimum None (E) Setback regulations. Front: 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 single- family residential district: (F) Building height regulations. Building Height Maximum 1 56f84 ft.* *A building or a portion of a building that is located between 10 and 15 ft. from the front property line or any master street plan right- of-way line shall have a maximum height of 56 feet. A building or portion of a building that is located greater than 15 feet from the master street plan right-of-way shall have a maximum height of 84 feet, 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. (Ord. 5312, 4-20-10; Ord. 5339, 5-3-10; Ord. 5353, 9-7- 10) 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 City-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 Multi -family dwellings Unit 34 Liquor stores Unit 44 Cottage Housing Development (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 17 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 42 1 Clean technologies (C) Density. None. Page 10 of 14 ADM 13-4353 Exhibit "A" (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) Building height regulations. 11 Building Height Maximum 1 56/848.* *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 56 feet. A building or a portion of a building that is located greater than 15 feet from the master street plan right-of-way line shall have a maximum height of 84 feet. 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 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 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 1 Clean technologies (C) Density. None. (D) Bulk and area regulations. None. (E) Setback regulations. Front 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 alle (F) Minimum buildable street frontage. 80% of lot width. (G) Building height regulations. 11 Building Hei ht Maximum 1 561168 ft.* *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 56 feet. A building or portion of a building Page 11 of 14 ADM 13-4353 Exhibit "A" that is located greater than 15 feet from the master street plan right-of-way shall have a maximum height of 168 feet. (Ord. 5028, 6-19-07; Ord. 5029, 6-19-07; Ord. 5195, 11-6-08; Ord. 5312, 4-20-10) 161.24 Main StreeVCenter (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, live/work units, and buildings designed for changing uses over time are appropriate for the Main StreeUCenter. 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 1 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 18 Gasoline service stations and drive- in/drive through 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 (C) Density. None. (D) Bulk and area regulations. (1) Lot width minimum. Dwellin all unit types) 18 ft. (2) Lot area minimum. None. (E) Setback regulations. Front 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) Building height regulations. 11 Building Height Maximum 1 56/84 ft.* *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 56 feet. A building or a portion of a building that is located greater than 15 feet from the master street plan right-of-way line shall have a maximum height of 84 feet. (Ord. 5028, 6-19-07; Ord. 5029, 6-19-07; Ord. 5042, 8- 07-07; Ord. 5195, 11-6-08; Ord. 5312, 4-20-10; Ord. 5339, 8-3-10) 161.26 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 Page 12 of 14 ADM 13-4353 Exhibit "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. property line. Side None Rear 5 ft. Rear, from center line of an alley 12 ft. (F) Minimum buildable street frontage. 50% of lot width. (1) Permitted uses. (G) Building height regulations. Unit 1 City- We 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 oods Unit 24 Home occu ations Unit 25 Offices, studios, and related services Unit 26 Multi -family 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 Shopping oods Unit 17 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 Sidewalk Cafes (C) Density. None (D) Bulk and area regulations. (1) Lot width minimum. Dwelling all unit types) laft, (2) Lotareaminimum. None. (E) Setback regulations. Building height Maximum 1 56 ft. (Ord. 5026, 6-19-07; Ord. 5029, 6-19-07; Ord. 5312, 4- 20-10) 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 1 Cit -wide uses b right Unit 8 Sin le-famil dwellings Unit 41 1 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 9 Two-family dwellings Unit 10 Three-family dwellin s Unit 12 Limited Business Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 28 Center for collecting recyclable materials Unit 36 Wireless communication facilities Front A build -to zone that is located between the (C) Density. 10 Units Per Acre. front property line and a line 25 ft. from the front (D) Bulk and area regulations. Page 13 of 14 ADM 13-4353 Exhibit "A" (1) Lot width minimum. Single Family40 ft. Two Family80 ft. Three Family90 ft. (2) Lot area minimum. 4,000 Sq. Ft. (E) Setback regulations. Front A build -to zone that is located between the front proeerty line and a line 25 ft. from the front oroperty line. Side 5 ft. Rear 5 ft Rear, from center line of an alle 12 ft. (F) Building height regulations. 11 Buiding Height Maximmi 45 ft. (Ord. 5128, 4-15-08; Ord. 5312, 4-20-10 Page 14 of 14 ADM 13-4353 Exhibit "B" 164.06 Minimum Buildable Street Frontage (A) Purpose. The purpose of minimum buildable street frontage regulations is to ensure traditional town form by locating buildings and structures in the build -to zone adjacent to the street. (B) Lot with one street frontage. (1) Calculated by measuring the linear distance of the street adjacent to the lot and applying the minimum buildable street frontage requirement of the underlying zoning district. (2) The minimum buildable street frontage requirement shall be met by locating the principal facade of the primary structure in the build -to zone. (3) If the minimum buildable street frontage requirement cannot be met by locating the principal facade of the primary structure in the build -to zone, supplemental elements shall be required and shall not exceed 10% of the minimum buildable street frontage requirement. Lot with One Frontage STREET (C) Through lot. (1) Calculated by measuring the linear distance of the higher functional classification street adjacent to the lot and applying the minimum buildable street frontage requirement of the underlying zoning district. When the two adjacent rights -of -way of a through lot are of an equal functional street classification, the applicable street frontage to be measured shall be established by the property owner. (2) The minimum buildable street frontage requirement shall be met by locating the principal facade of the primary structure in the build -to zone measured for the purposes of a through lot. (3) If the minimum buildable street frontage requirement cannot be met, supplemental elements shall be required and shall not exceed 10% of the minimum buildable street frontage requirement. Through Lot HIGHER ORDER STREET t - STREETFRIXRM3E- Bug6 E0110WU ER0.v1ME . ro.zvRE i i C' I I 1 1 LOWER ORDER STREET (D) Comer Lot. (1) Calculated by summing the linear distance of two intersecting streets adjacent to the lot and applying the minimum buildable street frontage requirement of the underlying zoning district to the total. 2) The minimum buildable street frontage requirement shall be met by locating the principal fagades of the primary structure in the build -to zone at the intersection of the two streets measured for the purposes of a corner lot. ADM 13-4353 Exhibit "B" (3) If the minimum buildable street frontage (a) These facilities shall locate the requirement cannot be met convenience store's principal supplemental elements shall be required fagade within the build -to zone, but and shall not exceed 25% of the shall not have to meet the minimum minimum buildable street frontage buildable street frontage requirement. requirement of the underlying zoning district with the building. ComerLot Supplemental elements shall be utilized to make up the remaining �, . ,„r minimum buildable street frontage ��I p requirement for the development site. lip (b) The preferred layout of a fueling station places the pumps near the rear of the lot while having the convenience store out in front near ea tilt' l the street. This helps to highlight _ the building, shield the utilitarian pumps and canopy and pulls the curb cuts away from the intersection, creating safer and (E) Standards for Auto -oriented facilities. The easier access. intent of this section is to provide design standards for auto -oriented facilities in urban Preferred Urban Layout zoning districts. Auto -oriented developments such as fueling stations with convenience stores and drive-thru restaurants and banks '= utilize site development patterns that allocate^ °^- a large percentage of the site area for vehicular movement and a necessarily smaller portion for the business structure.. Urban zoning districts are designed to require traditional town form and the Lim y { following standards are provided in an effort J to achieve an improved development form for auto -oriented facilities. _r y (1) Drive-thrufacilities. (a) Auto -oriented developments that generate the majority of their business from a drive-in/drive-thru (c) Fueling station canopy. format shall make every effort but shall not be required to meet the (i) Fueling station canopies minimum buildable street frontage should be designed as an requirement of the underlying cohesive part of the station zoning district. architecture whenever (b) These facilities shall locate the possible, and are encouraged to building's principal facade within the integrated with the overall build -to zone. Supplemental rooff structure of the convenience store. elements shall be utilized to make up the remaining minimum (ii) The canopy structure shall be buildable street frontage set back a minimum of 20 feet requirement for the development from the master street plan site. right-of-way; pump islands, (2) Fueling stations with Convenience compressed air connections Stores. and similar equipment shall be set back a minimum of 25 feet ADM 13-4353 Exhibit "B" from the master street plan right-of-way line. (iii) The canopy structure and supports shall be consistent with the design of the primary structure with respect to materials and design. Metal support columns must be clad (with brick, stone, wood etc) to aesthetically complement the primary structure and provide greater variety in materials, unless they are architecturally designed for aesthetic interest. (iv) Canopy supports shall have a minimum width to height ratio of 1:10. (v) Canopy height, as measured from the finished grade to the lowest point on the canopy fascia, shall not exceed 13'-9". (vi) Canopy downspouts and related hardware shall be integrated into the structure to reduce visibility. (vii) Canopy ceiling shall be textured or have a flat finish; glossy or highly reflective materials are not permitted. (viii) Light fixtures mounted under canopies shall be completely recessed into the canopy with flat lenses that are translucent and completely flush with the bottom surface (ceiling) of the canopy. The sides (fascias) of the canopy shall extend at least 12 inches below the lens of the fixture to block the direct view of the light sources and lenses from adjacent property line. Lights shall not be mounted on the top or sides of the canopy. (ix) When visible from the street, fueling station bays/pump islands shall be screened on the street side with articulated masonry walls 32"-42" in height, as least as wide as the pump island or bay; or (x) A masonry screen wall 32"-42" in height shall be constructed between the drive aisle serving the fueling station pumps and the public sidewalk, within the build -to zone; or (xi) A hedge row 32"-42" in height shall be installed between the drive aisle serving the fueling pumps and the public sidewalk, within the build -to zone, so long as a maintenance guarantee is provided that covers the installation and care of the hedge until it is grown to sufficient height and density to screen as intended. (F) Supplemental Elements. A supplemental element that is utilized for meeting the minimum buildable street frontage requirement shall consist of at least one of the following, in addition to other required open spaces or pedestrian -oriented elements: (1) A masonry screen wall between 32" and 42" in height constructed with materials similar to the principal structure and a 50% minimum opacity; (2) Functional outdoor space with an overhead structure and a minimum depth of six feet, such as a porch, outdoor dining area or courtyard; (3) A colonnade with a minimum depth of eight feet and a minimum height of 10 feet. (4) Other similar features meeting the intent of this subsection, subject to the approval of the Zoning and Development Administrator. Comer Lot Example CMCUUTE BY GUMMING THE LINENH DISTANCE OF THE TWO INTERSECTING STREETS A CENTTOTHELOT, MINUS THE ERIVEWAYTHROATWIDTH. THENAPPLYTHE MINIMUM BUILDABLE STREET FRONTAGE OF THE UNDERLYING ZONING DIMICT IFTHEUNOERLYINGBUIMINGFRONTAOECANNOTBEMET,2%MAYSEA SUPPLEMENTAL ELEMENT. GEE ORDINANCE FOR FURTHER INFORM OTUN — - — I I W,�MWRWA I�AIVS Mis«�N-W MN[LFA�I*`� LDWER Yw € E FVSFONf8YR6TWQM14AW MY9T ppDFp LYfTrxETurlalin'Ef'iHGUYC9VFC1-%VYYdE S1AffT IKyIrt¢I.,ivTpFTNe YItlFRVYANYmq�IPCT ADM 13-4353 Exhibit "B" (G) Exceptions. (1) Single-family dwellings in all zoning districts shall be exempt from the minimum buildable street frontage requirement. (2) Portions of a lot's build -to zone determined by the Zoning and Development Administrator to be un- buildable due to the minimum requirements of another ordinance or special regulation may be excepted from the linear street length used to calculate the minimum buildable street frontage requirement, including but not limited to: required setbacks, easements, significant topography, tree preservation, floodway and required driveway access dimensions. (3) Street frontage onto an interstate highway shall be exempt from the minimum buildable street frontage percentage requirement. (4) For developments on lots that only disturb a portion of the original lot, thereby leaving buildable area for future development, the Zoning Development Administrator may allow consideration of only the portion adjacent to the proposed development when calculating the minimum buildable street frontage. The remaining area may be excluded from the calculation. City of Fayetteville Staff Review Form Jeremy Pate Submitted By ., City Council Agenda Items and Contracts, Leases or Agreements 5/21 /2013 City Council Meeting Date Agenda Items Only Planning Development Services Division Department m6uun request is to amend Chapters 151, 161, 164 and 172 to clarify build -to zone requirements, modify building height in certain zoning districts, and provide design requirements for auto -oriented commercial facilities. Cost of this request Account Number Project Number Budgeted Item Category / Project Budget Funds Used to Date Remaining Balance Budget Adjustment Attached Department D1401p Date City Attorney Date 4 ,A oL . 5- z-wf3 Finance and Internal Services Director Dale Date f �U S ate Program Category / Project Name Program / Project Category Name Fund Name Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City Clerk's Office Received in Mayor's Office y("wd lb _0. vl 4,! 7ni Y"fI f_r Revised January 15, 2009 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE KA CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Marr, Chief of Staff From: Jeremy Pate, Development Services Director Date: April 24, 2013 Subject: ADM 13-4353: UDC Amendment: Form -based codes RECOMMENDATION Staff and the Planning Commission recommend approval of an ordinance to amend Chapters 151, 161, 164, and 172 of the Fayetteville Unified Developement Code to clarify and add flexibility to some of the form -based code development requirements and to provide more consistency across the zoning districts. BACKGROUND Various planning staff members have been working since August 2011 on amendments to the Unified Development Code to address the use and function of the form -based zoning districts and to clarify and add flexibility to some of these requirements. Now that we have seen several development projects utilize these standards, staff is able to better evaluate their strengths and weaknesses. When these form -based codes were adopted, staff committed to the Planning Commission and City Council that we would evaluate and bring back any issues for further consideration as needed. We have seen several of the standards clearly meet the intent and goals of the ordinance, and provide better, more meaningful public and private spaces as a result. However, some have not been as successful as intended. It is our intent to make this process clear and easy to implement so that the incentives of an administrative review process, albeit with higher design standards, remain attractive to property owners looking to rezone their property. The following is a generalized list of the changes proposed Chapter 151: Definitions • Amend the definition of "build to zone" and "minimum buildable street frontage" Chapter 161: Zoning Districts • Amend all of the multi -family zoning districts to restrict building height to 30' for structures built close (0' to 10') to the street. Buildings may have larger building heights once a 10' setback has been achieved, depending on the zoning district and stepback. This is to address numerous concerns with building height in close proximity to streets and sidewalks and to provide a "stepback" transition. THE CITY OF FAYETTEVILLE, ARKANSAS • Amend all of the multi -family zoning districts to have a build -to zone beginning at the right-of-way line. Currently these zoning districts have build -to zones that start at 10' from the right-of-way. • Reduce the maximum building height in the RMF-6 and RMF-12 zoning districts from 60' to 45'. These are lower density multifamily zones often in close proximity to single family neighborhoods and staff feels this is a more appropriate building height. • Amend setback requirements in multiple zoning districts to be consistent with conflicting standards such as the Urban Residential Design Standards and Landscape Requirements. • Amend any district's reference to the number of building stories allowed as a maximum building height. We often have questions about why there is a building height AND a story height, and there's not a very good answer. These sections now refer to an ultimate height limitation measured in vertical feet and do not reference any number of stories. • Amend the C-1 Zoning District to add a building height maximum, at 56 feet (there is not one currently). • Amend the Neighborhood Conservation Zoning District to move "Two family dwellings" from a Permitted Use to a Conditional Use. Many of the Neighborhood Conservation Zoning District areas that have been submitted and approved have had Bills of Assurance attached to restrict the new development from becoming strictly duplex development. While still a very desirable urban single family zoning district, staff feels it could be used even more effectively and with adequate protections for adjoining neighborhoods by removing the provision allowing two-family dwellings permitted by right. Chapter 164: Supplementary District Regulations Exempt accessory structures from meeting build -to zone requirements (storage sheds, detached garages, barns, etc). Add a new section (164.06) that addresses the requirements of the "Minimum Buildable Street Frontage" requirement of the form based zoning districts. This section specifically addresses how the calculation is determined for lots with one street frontage, through lots and corner lots. Additionally, any supplementary elements (such as walls, hedges, patios, decks, etc) that may count towards the Minimum Buildable Street Frontage requirement of the zoning district are included. This was added to provide relief for developers that can not meet the entire minimum percent required by the underlying zone, while retaining the urban form of the development. Create separate standards for auto -oriented facilities, and specifically for drive-in/thru facilities and fueling stations/convenience stores. Include design standards for fueling station canopies, if they are to be placed within a build -to zone, but also a setback, so that these large canopies are not directly adjacent to the street or sidewalk. Add an "exception" section for single family uses, existing site constraints, and interstate highway frontage and for developments that only use a portion of their lot at the time of development. Chapter 172: Parking and Loading. Specifically, 172.04 Parking Lot design Standards Added language allowing parking lots to be located in the Build -to Zone subject to providing a masonry screen wall. DISCUSSION These amendments were heard at the March 25"', April 8`", and April 22, 2013 Planning Commission meetings, and a work session was held at the April 18"' Agenda Session. On April 22, 2013 the Planning Commission voted 9-0-0 in favor of a recommendation of approval for ADM 13-4353. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTERS 151, 161, 164, AND 172 OF THE UNIFIED DEVELOPMENT CODE TO MODIFY CERTAIN STANDARDS WITHIN URBAN ZONING DISTRICTS, TO CLARIFY AND ADD FLEXIBILITY TO SOME OF THESE REQUIREMENTS, TO AMEND BUILDING HEIGHT REFERENCES AND ADD A MAXIMUM BUILDING HEIGHT TO THE C-I ZONING DISTRICT, AND TO PROVIDE SUPPLEMENTAL DESIGN STANDARDS FOR AUTO - ORIENTED FACILITIES WITHIN THESE DISTRICTS. WHEREAS, the utilization of urban or "form -based" zoning districts is a specific benchmark adopted by the City Council in Fayetteville's City Plan 2030 Future Land Use Plan; and WHEREAS, in 2009 the City Council adopted new standards related to urban zoning districts that were to be applied city-wide; and WHEREAS, the Unified Development Code should be amended from time to time to include a range of zoning districts and uses that meet the evolving needs and expectations of Fayetteville citizens, businesses, and land developers; and WHEREAS, the City Planning staff has identified changes that will encourage the development of a "traditional town form" and "appropriate infill as our highest priority," at the proper scale and transition to surrounding properties. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby amends §151 Definitions of the Unified Development Code by repealing these definitions and enacting replacement definitions as shown below: "Build -to Zone. A build -to zone is a range of allowable distances from a street right-of-way in which a building or structure shall be constructed in order to create a moderately uniform line of buildings along the street. Minimum buildable street frontage. (Zoning). The minimum required percentage of a lot'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 or structure within the build -to zone, subject to Supplementary District Regulations. 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 §161 Zoning Districts of the Unified Development Code as shown in Exhibit "A" attached hereto. Section 3. That the City Council of the City of Fayetteville, Arkansas hereby amends §164.02 Accessory Structures and Uses of the Unified Development Code to add the following: "(4) Build -to zones. Accessory structures shall be exempt from meeting the requirements of the build -to zone in any zoning district." Section 4. That the City Council of the City of Fayetteville, Arkansas hereby adopts § 164.06 Minimum Buildable Street Frontage as shown in Exhibit `B" attached hereto. Section 5. That the City Council of the City of Fayetteville, Arkansas hereby amends § 172.04 Parking Lot Design Standards of the Unified Development Code by repealing subsections "A" and "C" and enacting replacement sections "A" and "C" as shown below: "(A) Maneuvering. Parking lots shall be designated, maintained, and regulated so that no parking or maneuvering incidental to parking will encroach into the areas designated for sidewalks, streets, or required landscaping. Parking lots shall be designed so that parking and un-parking can occur without moving other vehicles, unless a valet service has been approved as part of the development plans. Vehicles shall exit the parking lot in a forward motion. (C) Build -to zone. A portion of a required parking lot may be located within the build -to zone, subject to the following: (1) A parking lot located within the build -to zone shall be screened with a masonry screen wall between 32' and 42" in height and 50% opaque minimum. (2) Parking lots that are located within the build -to zone shall comply with Chapter 177: Landscape Regulations, related to landscape setbacks. (3) Off -site parking lots shall be prohibited from being located within the build -to zone." PASSED and APPROVED this day of , 2013. APPROVED: By: LIONELD JORDAN, Mayor ATTEST: 10 SONDRA E. SMITH, City Clerk/Treasurer ADM 13-4353 Exhibit "A" CHAPTER 161: ZONING 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 b right Unit8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Units Government facilities Unit 12 Limited business Unit 24 Home occupations Unit 36 1 Wireless communications facilities (C) Density. 11 Units per acre 1 12 or less (D) Bulk and area regulations. Single- Two- Three- family family family Lot width 60 ft. 70 ft. 90 ft. minimum Lot area 6,000 sq. 7,260 sq. 10,890 sq. minimum ft. ft. ft. Land area 6,000 sq. 3,630 sq. 3,630 sq. per dwelling unit (E) Setback requirements. Front I Side Rear A build -to zone 1 81 20 ft. that is located between the front property line and a line 25 feet from the front property line. (F) Building height regulations. 11 Building height maximum 1 30145 ft." "A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right- of-way line shall have a maximum height of 30 feet. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of 45 feet. (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 the lot width. (Code 1965, App. A., Art. 5(IIA); Ord, No. 3128, 10-1- 85; Cade 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; Ord. 5262, 8-4-09; Ord. 5312, 4-20- 10) Cross references) --Variance, Ch. 156. 161.11 District RMF-6, Residential Multi -Family — Six Units Per Acre (A) Purpose. The RMF-6 Multi -family Residential District is designed to permit and encourage the development of multi -family residences at a low density that is appropriate to the area and can serve as a transition between higher densities and single-family residential areas. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellin s Unit 10 Three-family dwellings Unit 26 Multi -family dwellings (2) Conditional uses. Unit 2 J City-wide uses by conditional use Page 1 of 14 ADM 13-4353 Exhibit "A" permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 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 6 or less (D) Bulk and area regulations. (1) Lot width minimum. Manufactured home park 100 ft. Lot within a manufactured home park 50 ft. Single-family 60 ft. Two-family 60 ft. Three and more 90 ft. Professional offices 100 ft. (2) Lot area minimum. Manufactured home ark 3 acres Lot within a Manufactured home park 4,200 sq. ft. Townhouse: *Development •Individual lot 10,000 sq. ft. 2,500 sq. ft. Single-family 6,000 sq. ft. Two-family 7,000 sq. ft. Three or more 9,000 sq. ft. Fraterni or SororitV acres Professional offices 1 acre (3) Land area per dwelling unit. Manufactured home 3,000 sq. ft. Apartments: No bedrooms 1,700 sq. ft. One bedroom 1,700 sq. ft. Two or more bedrooms 2.000 sq. ft. Fraternity or Sorority 1,000 sq. ft. per resident (E) Setback requirements. Front Side Rear A build -to zone 8 fL 25 ft. that is located between the front property line and a line Cross references) --Variances, Ch. 156. (F) Building height regulations. Buildin Hei ht Maximum I 30/45 ft `A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right- of-way line shall have a maximum height of 30 feet. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of 45 feet. 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 the lot width. (Ord. No. 4325, 7-3-01; Ord. 5028, 6-19-07; Ord. 5224, 3-3-09: Ord. 5262, 8-4-09; Ord. 5312, 4-20-10) 161.12 District RMF-12, Residential Multi -Family —Twelve Units Per Acre (A) Purpose. The RMF-12 Multi -family Residential District is designed to permit and encourage the development of multi -family residences at a moderate density that is appropriate to the area. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 26 Multi -family dwellings (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit Government facilities Page 2 of 14 ADM 13-4353 Exhibit "A" Unit 11 Manufactured home park Unit 12 Limited business Unit 24 Home occupations Unit 25 Professional offices Unit36 Wireless communications facilities (C) Density. 11 Units per acre J 12 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. Fe front ro ert line. Cross reference(s)--Variances, Ch. 156 (F) Building height regulations. FFB-oding Height Maximum 1 30/ 45 ft." "A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right- of-way line shall have a maximum height of 30 feet. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of 45 feet. 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. (2) Lot area minimum (G) Building area. None. Manufactured home ark 3 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. Fraternity or Sorority 2 acres Professional offices 1 acre (3) Land area per dwelling unit. Manufactured home 3,000 sq. ft. Apartments: No bedrooms 1,700 sq. ft. One bedroom 1,700 sq. ft. Two or more bedrooms 2,000 sq. ft. Fraternity or Sorority 1,000 sq. ft. per resident (E) Setback requirements. Front Side Rear A build -to zone 8 ft. 25 ft. that is located between the front property line and a line 25 feet from (H) Minimum buildable street frontage. 50% of the lot width. (Ord. No. 4325, 7-3-01; Ord. 5028, 6-19-07; Ord. 5224, 3-3-09; Ord. 5262, 8-4-09; Ord. 5312, 4-20-10) 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 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit Government facilities Page 3 of 14 ADM 13-4353 Exhibit "A" 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 18 or less -11 (D) Bulk and area regulations. (1) Lot width minimum. Manufactured home park 100 ft. Lot within a manufactured home park 50 ft. Single-family 60 ft. Two-family 60 ft. Three and more 90 ft. Professional offices 100 ft. (2) Lot area minimum. Manufactured home park 3 acres Lot within a manufactured home park 4,200 sq. ft, Townhouse: Development Individual lot 10,000 sq. ft. 2,500 s . ft. Single-family 6,000 sq. ft. Two-famil 7,000 sq. ft. Three or more 1 9,000 sq. ft. Fraternity or Sorority 2 acres Professional offices 1 1 acre (F) Building height regulations. Buildinq Hei ht Maximum J 30145 fL' 4 building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right- of-way line shall have a maximum height of 30 feet. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of 45 feet. 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 the lot width. (Ord. No. 4325, 7-3-01: Ord. 5028, 6-19-07: Ord. 5224, 3-3-09; Ord. 5262, 8-4-09; Ord. 5312, 4-20-10) 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. (3) Land area per dwelling unit. (B) Uses. Manufactured Home 3,000 sq. ft. Apartments: No bedrooms 1,700 sq. ft. One bedroom 1,700 sq. ft. Two or more bedrooms 2,000 sq. ft. Fraternity or Sorority 1,000 sq. ft. per resident (E) Setback requirements. Front Side Rear A build -to zone 8 ft. 25 ft. that is located between the front property line and a line 25 feet from the front Lpro2erty line. Cross reference(s) --Variances. Ch. 156. (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 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 Unit 12 Limited business Unit 25 Professional offices Unit 24 1 Home occupations Page 4 of 14 ADM 13-4353 Exhibit "A" Unit 36 Wireless communications facilities (C) Density. Units per acre 24 or less (D) Bulk and area regulations. (1) Lot width minimum. Manufactured home ark 100 ft. Lot within a Manufactured home ark 50 ft. Single-family 60 ft. Two-family 60 ft. Three or more 90 ft. Professional offices 100 ft. (2) Lot area minimum. Manufactured home ark 3 acres Lot within a mobile home park 4,200 sq. ft, Townhouses: Development Individual lot 10,000 sq. ft. 2,600 sq. ft. Single-family 6,000 sq. ft. Two-'amil 7,000 s . ft. Three or more 9,000 s . ft. Fraternity or Sorority 2 acres Professional offices 1 1 acres (3) Land area per dwelling unit. Manufactured home 3,000 sq. ft. Apartments: No bedroom 1,700 sq. ft. One bedroom 1,700 sq. ft. Two bedroom 2,000 sq. ft. Fraternity or Sorority 1,000 sq. ft, per resident (E) Setback requirements. Front Side Rear A build -to 8 ft. 25 ft. zone that is located between the front property line and a line 25 feet from the front o ert line. property Cross reference(s)--Variance, Ch. 156. (F) Building height regulations. Buildin Height Maximum 1 30/45/60ft.* P, building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right- of-way line shall have a maximum height of 30 feet, between 10-20 feet from the master street plan right-of-way a maximum height of 45 feet and buildings or portions of the building set back greater than 20 feet from the master street plan right-of-way shall have a maximum height of 60 feet. 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 the 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; Ord. 5262, 8-4-09; Ord. 5312, 4-20-10) 161.15 District RMF-40, Residential Multi -Family— Forty Units Per Acre (A) Purpose. The RMF-40 Multi -family Residential District is designated to protect existing high density multi -family development and to encourage additional development of this type where it is desirable. (B) Uses. (1) Permitted uses. Unit 1 Cit -wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 26 Multi -family dwellings (2) Conditional uses. Unit 2 City-wide uses by CUP Unit 3 Public rolection and utilit facilities Unit 4 Cultural and recreational facilities Unit5 Government facilities Page 5 of 14 ADM 13-4353 Exhibit "A" Unit 11 Manufactured home park Unit 12 Limited business Unit 24 Home occupation Unit 25 Professional offices Unit 36 Wireless communications facilities (C) Density. Units per acre 1 40 or less (D) Bulk and area regulations. (1) Lot width minimum. Manufactured home park 100 ft. Lot within a manufactured home ark 50 ft. Single-family 60 ft. Two-family 60 ft. Three or more 90 ft. Professional offices 100 ft. Cross reference(s)--Variance, Ch. 156. (F) Building height regulations. Buildin Hai ht Maximum 30/45/60 ft.' 'A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right- of-way line shall have a maximum height of 30 feet, between 10-20 feet from the master street plan right-of-way a maximum height of 45 feet and buildings or portions of the building set back greater than 20 feet from the master street plan right-of-way shall have a maximum height of 60 feet. 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. (2) Lot area minimum. (G) Building area. None. Manufactured home 3 acres ark Lot within a 4,200 sq. ft. manufactured home ark Townhouses: Development 10,000 sq. ft. Individual lot 2,500 sq. ft. Single-family 6,000 sq. ft. Two-family 6,500 sq. ft. Three or more 8,000 sq.ft. Fraternit or Sororit 1 acre (3) Land area per dwelling unit. Manufactured home park 3.000 sq. ft. Townhouses & Apartments No bedroom 1,000 sq. ft One bedroom 1,000 sq. ft. Two or more bedrooms 1,200 sq. ft. Fraternity or Sorority 500 sq. ft. per resident (E) Setback requirements. Front Side Rear A build -to zone 8 ft. 20 ft. that is located between the front property line and a line 25 feet from the front ILpropertyline. (H) Minimum buildable street frontage. 50% of the lot width. (Code 1965, App. A., Art. 5(IV); Ord. No. 2320, 4-5-77; Ord. No. 2700, 2-2-81; Ord. No. 1747, 6-29-70; Code 1991, §160.034; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. 5028, 6-19-07; Ord. 5224, 3-3-09; Ord. 5262, 8-4-09; Ord. 5312, 4-20-10) 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 ri ht 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 Accessory dwelling units Page 6 of 14 ADM 13-4353 Exhibit "A" Note: Any combination of above uses is (Ord. 5312, 4-20-10) permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. 161.18 District C-1, Neighborhood Commercial (2) Conditional uses Unit 2 Ci -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 1 Wireless communication facilities* Unit 40 1 Sidewalk cafes (C) Density. 11 Units er acre 10 or less (D) Bulk and Area (1) Lot width minimum Single-family 35 feet Two-family 70 feet Three or more 90 feet J1 All other uses None (2) Lot area minimum. Single-family 4,000 s . ft. Two-family or more 3,000 sq. ft. of lot area per dwelling unit All other permitted and conditional None uses (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/drive through restaurants 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 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 (E) Setback regulations. Front: A build -to zone that is located between 10 and 25 feet from the front property line. Side 5 feet Rear 15 feet (F) Building height regulations. Buildinq Hoiclht Maximum 1 45 ft. Front 15 ft. Front, if parking is allowed between the right-of-way and the building 50 ft. Side None Side, when contiguous to a residential district 10 ft. Rear 20 ft. (F) Building height regulations. (G) Building area. On any lot, the area occupied Building Height Maximum j 56 ft.* by all buildings shall not exceed 60% of the total area of the lot. *Any building which exceeds the height of 20 feet shall be setback from any boundary line Page 7 of 14 ADM 13-4353 Exhibit "A" 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 40% of the total area of such lot. (Code 1965, Apo. 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 Ord. 5028, 6-19-07; Ord. 5195, 11-6-08; Ord. 5312, 4- 20-10; Ord. 5339, 8-3-10) 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 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 13 Eating laces Unit 15 Nei hborhood Shopping oods Unit 18 Gasoline service stations and drive- in/drive through restaurants Unit 24 Home occu ations Unit 25 Offices, studios and related services Unit 26 Multi -family 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 16 Shoppinq goods Unit 17 Transportation, trades and services Unit 19 Commercial recreation, small sites Unit 28 Center for collecting 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. Dwelling 18 ft. All others None (2) Lot area minimum. None (E) Setback regulations. Front: 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 single- family residential district: (F) Building Height Regulations. rr _Bdilding Height Maximum 156 ft. (G) Minimum buildable street frontage. 50% of the lot width. (Ord. 5312, 4-20-10; Ord. 5339, 8-3-10) 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. Unit 2 City-wide uses by (1) Permitted uses. conditional use permit Unit 3 Public protection and utility facilities Unit 1 Cit -wide uses by right Unit 14 Hotel, motel and amusement services Unit 4 Cultural and recreational facilities Page 8 of 14 ADM 13-4353 Exhibit "A" Unit 5 Government Facilities Unit 13 Eating laces Unit 14 Hotel, motel, and amusement facilities Unit 16 Shopping oods Unit 17 Transportation trades and services Unit 18 Gasoline service stations and drive- in/drive through restaurants 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 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit Warehousing and wholesale 21 Unit Center for collecting recyclable 28 materials Unit Dance Halls 29 Unit Sexually oriented business 32 Unit Outdoor music establishments 35 Unit Wireless communications facilities 36 Unit Mini -storage units 38 Unit Sidewalk Cafes 40 Unit Clean technologies 42 Unit Animal boarding and training 43 (C) Density. None. (D) Bulk and area regulations. None. (E) Setback regulations. Front 15 ft. Front, if parking is allowed between the right-of-way, and the building 50 ft. Side None Side, when contiguous to a residential district 15 ft. Rear 20 ft. (F) Building height regulations. Buildinq Height Maximum.1 75 ft.* 'Any building which exceeds the height of 20 feet shall be set back from a 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(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; Ord. 5312, 4-20-10; Ord. 5339. 8-3-10; 5353, 9-7-10) 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 Shopping oods Unit 17 Transportation trades and services Unit 18 Gasoline service stations and drive- in/drive through 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 AccessoEy Dwellings Note: Any combination of above uses is permitted upon any lot within this zone. Page 9 of 14 ADM 13-4353 Exhibit "A" 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 Unit 43 Animal boarding and training (C) Density. None (D) Bulk and area regulations. (1) Lot width minimum Single-family dwellin 18 feet All other dwellings None El Non-residential I None (2) Lot area minimum None (E) Setback regulations. Front: 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 single- family residential district: (F) Building height regulations. 11 Building Height Maximum 1 56/84 V A building or a portion of a building that is located between 10 and 15 ft. from the front property line or any master street plan right- of-way line shall have a maximum height of 56 feet. A building or portion of a building that is located greater than 15 feet from the master street plan right-of-way shall have a maximum height of 84 feet. 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. (Ord. 5312, 4-20-10; Ord. 5339, 8-3-10; Ord. 5353, 9-7- 10) 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 Cit -wide uses by right Unit 4 Cultural and recreational facilities Unit Government facilities Unit 13 Eating laces Unit 14 Hotel, motel, and amusement facilities Unit 16 Sho2pinq goods Unit 18 Gasoline service stations & drive-in restaurants Unit 19 Commercial recreation, small sites Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 34 Liquor stores Unit 44 Cottage Housing Develo ment (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 17 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 42 1 Clean technologies (C) Density. None. Page 10 of 14 ADM 13-4353 Exhibit "A" (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) Building height regulations. 11 Building Height Maximum 1 56/84 ft.* *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 56 feet. A building or a portion of a building that is located greater than 15 feet from the master street plan right-of-way line shall have a maximum height of 84 feet. 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 by right Unit 4 Cultural and recreational facilities Unit 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-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. Unit 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. Front 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. 80% of lot width. (G) Building height regulations. 11 Building Height Maximum 1 561168 ft.' 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 56 feet. A building or portion of a building Page 11 of 14 ADM 13-4353 Exhibit "A" that is located greater than 15 feet from the master street plan right-of-way shall have a maximum height of 168 feet. (Ord. 5028, 6-19-07; Ord. 5029, 6-19-07; Ord. 5195, 11-6-08; Ord. 5312, 4-20-10) 161.24 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, live/work units, and buildings designed for changing uses over time 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 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 ermit Unit 3 Public protection and utility facilities Unit 18 Gasoline service stations and drive- in/drive through 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 (C) Density. None. (D) Bulk and area regulations. (1) Lot width minimum. Dwelling (all unit types) 18 ft. (2) Lot area minimum. None. (E) Setback regulations. Front 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 alley (F) Minimum buildable street frontage. 75% of lot width. (G) Building height regulations. Buildin Hei ht Maximum 1 56184 ft.* '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 56 feet. A building or a portion of a building that is located greater than 15 feet from the master street plan right-of-way line shall have a maximum height of 84 feet. (Ord. 5028, 6-19-07; Ord. 5029, 6-19-07; Ord. 5042, 8- 07-07; Ord. 5195, 11-6-08; Ord. 5312, 4-20-10; Ord. 5339, 8-3-10) 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 Page 12 of 14 ADM 13-4353 Exhibit "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. property line. Side None Rear 5 ft. Rear, from center line of an alley 12 ft. (F) Minimum buildable street frontage. 50% of lot width. (1) Permitted uses. (G) Building height regulations. 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 occupations Unit 25 Offices, studios, and related services Unit 26 Multi -family 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 Shopping 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 types) 18 ft. (2) Lot area minimum. None. (E) Setback regulations. Building Height Maximum 156 ft. (Ord. 5028, 6-19-07; Ord. 5029, 6-19-07; Ord. 5312, 4- 20-10) 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 Cit -wide uses b right tlnit8 Sin le-famil dwellin s 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 9 Two-family dwellings 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 recyclable materials Unit 36 Wireless communication facilities Front A build -to zone that is located between the (C) Density. 10 Units Per Acre. front property line and a (D) Bulk and area regulations. line 25 ft. from the front Page 13 of 14 ADM 13-4353 Exhibit "A" (1) Lot width minimum. Sin le Familv 40 ft. Two Family 80 ft. Three Family 90 ft. (2) Lot area minimum. 4,000 Sq. Ft. (E) Setback regulations. Front A build -to zone that is located between the front ro a line and a line 25 ft. from the front property line. Side 5 ft. Rear 5 ft. Rear, from center line of an alley 12 ft. (F) Building height regulations. Buildin Hei ht Maximum 146 ft. (Ord. 5128, 4-15-08; Ord. 5312, 4-20-10 Page 14 of 14 ADM 13-4353 Exhibit "B" 164.06 Minimum Buildable Street Frontage (A) Purpose. The purpose of minimum buildable street frontage regulations is to ensure traditional town form by locating buildings and structures in the build -to zone adjacent to the street. (B) Lot with one street frontage. (1) Calculated by measuring the linear distance of the street adjacent to the lot and applying the minimum buildable street frontage requirement of the underlying zoning district. (2) The minimum buildable street frontage requirement shall be met by locating the principal facade of the primary structure in the build -to zone. (3) If the minimum buildable street frontage requirement cannot be met by locating the principal fagade of the primary structure in the build -to zone, supplemental elements shall be required and shall not exceed 10% of the minimum buildable street frontage requirement. Lot with One Frontage StAI BUILD m.201 iNves (C) Through lot. (1) Calculated by measuring the linear distance of the higher functional classification street adjacent to the lot and applying the minimum buildable street frontage requirement of the underlying zoning district. When the two adjacent rights -of -way of a through lot are of an equal functional street classification, the applicable street frontage to be measured shall be established by the property owner. (2) The minimum buildable street frontage requirement shall be met by locating the principal facade of the primary structure in the build -to zone measured for the purposes of a through lot. (3) If the minimum buildable street frontage requirement cannot be met, supplemental elements shall be required and shall not exceed 10% of the minimum buildable street frontage requirement. Through Lot HIGHER ORDER STREET STREETEROUTHGE- • aunnwc raver nGE LOWER ORDER STREET (D) Corner Lot. (1) Calculated by summing the linear distance of two intersecting streets adjacent to the lot and applying the minimum buildable street frontage requirement of the underlying zoning district to the total. 2) The minimum buildable street frontage requirement shall be met by locating the principal facades of the primary structure in the build -to zone at the intersection of the two streets measured for the purposes of a corner lot. ADM 13-4353 Exhibit"6" (3) If the minimum buildable street frontage (a) These facilities shall locate the requirement cannot be met convenience store's principal supplemental elements shall be required fagade within the build -to zone, but and shall not exceed 25% of the shall not have to meet the minimum minimum buildable street frontage buildable street frontage requirement. requirement of the underlying zoning district with the building. Corner Lot Supplemental elements shall be utilized to make up the remaining minimum buildable street frontage requirement for the development site. J (b) The preferred layout of a fueling station places the pumps near the JJ ' rear of the lot while having the convenience store out in front near iNfF YM145 33 the street. This helps to highlight —Ir,--...y„��-„�,;,•`-- _ '' the building, shield the utilitarian pumps and canopy and pulls the curb cuts away from the intersection, creating safer and (E) Standards for Auto -oriented facilities. The easier access. intent of this section is to provide design standards for auto -oriented facilities in urban Preferred Urban Lnyoel zoning districts. Auto -oriented developments such as fueling stations with convenience stores and drive-thru restaurants and banks utilize site development patterns that allocate a large percentage of the site area for vehicular movement and a necessarily smaller portion for the business structure. of Urban zoning districts are designed to require traditional town form and the nj. following standards are provided in an effort to achieve an improved development form for auto -oriented facilities. (1) Drive-thrufacilities. ��:711 (a) Auto -oriented developments that SiI,rtr generate the majority of their business from a drive-in/drive-thru (c) Fueling station canopy. format shall make every effort but shall not be required to meet the minimum buildable street frontage (i) Fueling station canopies should be designed as an requirement of the underlying cohesive part of the station zoning district. architecture whenever (b) These facilities shall locate the possible, and are encouraged building's principal fapade within the to be integrated with the overall roof structure of the build -to zone. Supplemental convenience store. elements shall be utilized to make up the remaining minimum (ii) The canopy structure shall be buildable street frontage set back a minimum of 20 feet requirement for the development site. from the master street plan right-of-way; pump islands, (2) Fueling stations with Convenience compressed air connections Stores. and similar equipment shall be set back a minimum of 25 feet ADM 13-4353 Exhibit "B" from the master street plan the fueling station pumps and right-of-way line. the public sidewalk, within the build -to zone; or (ill) The canopy structure and supports shall be consistent (xi) A hedge row 32"42" in height with the design of the primary shall be installed between the structure with respect to drive aisle serving the fueling materials and design. Metal pumps and the public sidewalk, support columns must be clad within the build -to zone, so (with brick, stone, wood etc) to long as a maintenance aesthetically complement the guarantee is provided that primary structure and provide covers the installation and care greater variety in materials, of the hedge until it is grown to unless they are architecturally sufficient height and density to designed for aesthetic interest. screen as intended. (iv) Canopy supports shall have a (F) Supplemental Elements. A supplemental minimum width to height ratio element that is utilized for meeting the of 1:10. minimum buildable street frontage requirement shall consist of at least one of (v) Canopy height, as measured the following, in addition to other required from the finished grade to the open spaces or pedestrian -oriented lowest point on the canopy elements: fascia, shall not exceed 13'-g". (1) A masonry screen wall between 32" and (vi) Canopy downspouts and 42" in height constructed with materials related hardware shall be similar to the principal structure and a integrated into the structure to 50% minimum opacity; reduce visibility. (2) Functional outdoor space with an (vii) Canopy ceiling shall be overhead structure and a minimum textured or have a flat finish; depth of six feet, such as a porch, glossy or highly reflective outdoor dining area or courtyard; materials are not permitted. (3) A colonnade with a minimum depth of (viii)Light fixtures mounted under eight feet and a minimum height of 10 canopies shall be completely feet. recessed into the canopy with flat lenses that are translucent (4) Other similar features meeting the intent and completely flush with the of this subsection, subject to the bottom surface (ceiling) of the approval of the Zoning and canopy. The sides (fascias) of Development Administrator. the canopy shall extend at least 12 inches below the lens Corner Lot Example of the fixture to block the direct CALCULATE BY SUMMING THE LINEAR DISTANCE OF THE TWO INTERSECTING STREETS ADJACENT TO THE LOT. MINUS THE DRIVEWAY THROAT WIDTH view of the light sources and THEN APPLY THE MINIMUM BUILDABLE STREET FRONTAGE OF THE UNDERLYING ZONING DISTRICT IF THE UNDERLYING BUILDING FRONTAGE CANNOT BE MET. 25%MAY BEA lenses from adjacent property SUPPLEMENTAL ELEMENT SEE ORDINANCE FOR FURTHER INFORMATION line. Lights shall not be mounted on the top or sides of o> the canopy. ix When visible from the street, _ fueling station bays/pump L. J islands shall be screened on240.,- - li �,IEDIHG ra the street side with articulated _ masonry walls 32"42" in -------------�-„ height, as least as wide as the _ pump island or bay; or -- .,._- mttn'ECEAIi1f NwOc HII�MINIONL(tNIE9fIGETfMAYTM_E LOWfR (x) A masonry screen wall 32"-42" 'D"T ,i:fl lvE UNfuDN&riolhfslffFf Elm11J:1 STREET in height shall be constructed 0"""`"T0""'°�`""w`"0"""" between the drive aisle serving ADM 13-4353 Exhibit "B" (G) Exceptions. (1) Single-family dwellings in all zoning districts shall be exempt from the minimum buildable street frontage requirement. (2) Portions of a lots build -to zone determined by the Zoning and Development Administrator to be un- buildable due to the minimum requirements of another ordinance or special regulation may be excepted from the linear street length used to calculate the minimum buildable street frontage requirement, including but not limited to: required setbacks, easements, significant topography, tree preservation, floodway and required driveway access dimensions. (3) Street frontage onto an interstate highway shall be exempt from the minimum buildable street frontage percentage requirement. (4) For developments on lots that only disturb a portion of the original lot, thereby leaving buildable area for future development, the Zoning Development Administrator may allow consideration of only the portion adjacent to the proposed development when calculating the minimum buildable street frontage. The remaining area may be excluded from the calculation. ADM 1353 Form -based Code Amendments Shawn in StFil IH'i`ghllght Chapter 151: Definitions Amendments Build -to Zone. A build -to zone is a range of allowable distances from a street right-of-way in Which a building or:sfrUotura shall be constructed in order to create a moderately uniform line of buildings along the street. Minimum buildable street frontage. (Zoning). The minimum required percentage of a pmpw" loft 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 or shuetUre within the build -to zone, su6jggt to Supplements y District Regulptions. Buildings may be constructed outside of the build -to -zone after the minimum required percentage has been met. Page 1 of 22 Page 2 of 22 161.10 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 I Cit -wide uses b ri ht Unit 8 Sin le-famiI dwellin s Unit 9 1 Two-familv dwellin s Unit 10 1 Three-famil dwellin s (2) Conditional uses. Unit 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. 11 Units per acre 1 12 or less (D) Bulk and area regulations. Single- Two- Three- family family family Lot width 60 ft. 70 ft. 90 ft. minimum Lot area 6,000 sq. 7,260 sq. 10,890 sq. minimum ft. ft. ft. Land area 6,000 sq. 3,630 sq. 3,630 sq. per ft. ft. ft. dwelling unit (E) Setback requirements. Front Side Rear The--priasipal fagade—of a building shall be--bdilt--within 8 ft. 20 ft. a A build -to zone that is located between 49 feet the front property line and a line 25 feet from the front property line. (F) Building height regulations. Buildinghei htmaximum j 456.30/45ft.* "A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right- of-way line shall have a maximum height of 30 feet. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height,of 45 feet. (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 the lot width. (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; Ord. 5262, 8-4-09; Ord. 5312, 4-20- 10) Cross references) --Variance, Ch. 156. 161.11 District RMF-6, Residential Multi -Family — Six Units Per Acre (A) Purpose. The RMF-6 Multi -family Residential District is designed to permit and encourage the development of multi -family residences at a low density that is appropriate to the area and can serve as a transition between higher densities and single-family residential areas. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 26 Multi-famil dwellin s (2) Conditional uses. Page 3 of 22 Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 11 Manufactured home park Unit 12 Limited business Unit 24 Home occupations Unit 25 Professional offices Unit 36 Wireless communications facilities (C) Density. No dour: YAW a A build -to zone that is located between 49 AM the front property line and a line 25 at from the front property line. Cross reference(s)--Variances, Ch. 156. (F) Building height regulations. Units per acre 6 or less (D) Bulk and area regulations. (1) Lot width minimum. Manufactured home park 100 ft. Lot within a manufactured home park 50 ft. Single-family 60 ft. Two-family 60 ft. Three and more 90 ft. Professional offices 100 ft. (2) Lot area minimum. Manufactured home park 3 acres Lot within a Manufactured home park 4,200 sq. ft. Townhouse: •Development *Individual lot 10,000 sq. ft. 2,500 sq. ft. Single-family 6,000 sq. ft. Two-famil 7fflacre Three or more 9Fraternit or Sororit 2Professional offices i (3) Land area per dwelling unit. Manufactured home 3,000 sq. ft. Apartments: No bedrooms 1,700 sq. ft. One bedroom 1,700 sq. ft. Two or more bedrooms 2,000 sq. ft. Fraternity or Sorority 1,000 sq. ft. per resident (E) Setback requirements. Front Side Rear 4qe--principal faSa9e--et—� 8 ft. 25 ft. "A building or a portion of a building that is located between 0 and 10 feet from the front property -line or any master street plan right- of-way line shall have a'maximum height of 30 feet. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of 45 feet. 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 the lot width. (Ord. No. 4325, 7-3-01; Ord. 5028, 6-19-07; Ord, 5224, 3-3-09; Ord. 5262, 8-4-09; Ord. 5312, 4-20-10) 161.12 District RMF-12, Residential Multi -Family —Twelve Units Per Acre (A) Purpose. The RMF-12 Multi -family Residential District is designed to permit and encourage the development of multi -family residences at a moderate density that is appropriate to the area. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 8 Sinole-family dwellings Unit 9 Two-family dwellings Unit 10 Three-familv dwellings Unit26 Multi -family dwellings (2) Conditional uses. Page 4 of 22 Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 11 Manufactured home park Unit 12 Limited business Unit 24 Home occupations Unit 25 Professional offices Unit 36 Wireless communications facilities (C) Density. 11 Units per acre 1 12 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. Manufactured home ark 3 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. Fraternity or Sorority 2 acres Professional offices 1 acre (3) Land area per dwelling unit. Manufactured home 3,000 sq. ft. Apartments: No bedrooms 1,700 sq. ft. One bedroom 1,700 sq. ft. Two or more bedrooms 2,000 sq. ft. Fraternity or Sorority 1,000 sq. ft. per resident (E) Setback requirements. Front Side Rear 7iie-- pommel fagads of 8 ft. 25 ft. widiRg ---shal be builtavitkiA a A build -to zone that is located between 49 feet the front property line and a line 25 feet from the front property line. Cross reference(s)--Variances, Ch. 156 (F) Building height regulations. Building Height Maximum 60 fE 30! 45 ft' "A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right- of-way line shall have a maximum height of 30 feet. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of 45 feet. 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 the lot width. (Ord. No. 4325, 7-3-01: Ord. 5028, 6-19-07; Ord. 5224, 3-3-09; Ord. 5262, 8-4-09; Ord. 5312, 4-20-10) 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 Cit -wide uses by ri ht Unit 8 Sinqle-family dwellin s Page 5 of 22 Unit 9 Two-familydwellings Unit 10 Three-family dwellings Unit 26 1 Multi -family dwellings (2) Conditional uses. Unit City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 11 Manufactured home park Unit 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 park 50 ft. Single-family 60 ft. Two-family 60 ft. Three and more 90 ft. Professional offices 100 ft. (2) Lot area minimum. Manufactured home park 3 acres Lot within a manufactured home park 4,200 sq. ft. Townhouse: Development Individual lot 10,000 sq. ft. 2,500 sq. ft. Single-family 6,000 sq. ft. Two-fam!IV 7,000 sq. ft. Three or more 9,000 s . ft. Fraternit or Sorority 2 acres Professional offices 1 acre (3) Land area per dwelling unit. Manufactured Home 3.000 sq. ft. Apartments: No bedrooms 1,700 sq. ft. One bedroom 1,700 sq. ft. Two or more bedrooms 2,000 sq. ft. Fraternity or Sorority 1,000 sq. ft. per resident (E) Setback requirements. Front Side Rear 4he grinsipal 8 ft. 25 ft. 4di ba "t A shall be--uil�aitpia a A build -to zone that is located between 40 feet the front property line and a line 25 feet from the front property line. Cross reference(s) --Variances, Ch. 156. (F) Building height regulations. 11 Building Height Maximum 1 30/45 ft.' P, building or a portion of.a building that is located between 0 and 10 feet from the front property line or any master street plan right- of-way line shall have a maximum height of 30 feet. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of 45 feet. 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 the lot width. (Ord. No. 4325, 7-3-01: Ord. 5028, 6-19-07; Ord. 5224, 3-3-09; Ord. 5262, 8-4-09; Ord. 5312, 4-20-10) 161.14 District RMF-24, Residential Multi -Family — Twenty -Four Units Per Acre (A) Purpose. The RMF-24 Multi -family Residential District is designed to permit and encourage the developing of a variety of dwelling types in suitable environments in a variety of densities. (B) Uses. (1) Permitted uses. Page 6 of 22 Unit 1 1 City-wide uses by right Unit 8 1 Single-family dwellings Unit 9 1 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 Unit5 Government facilities Unit 11 Manufactured home park Unit 12 Limited business Unit 25 Professional offices Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. 11 Units per acre J 24 or less (D) Bulk and area regulations. (1) Lot width minimum. Manufactured home ark 100 ft. Lot within a Manufactured home ark 50 ft. Single-family 60 ft. Two-family 60 ft. Three or more go ft. Professional offices 100 ft. (2) Lot area minimum. Manufactured home ark 3 acres Lot within a mobile home park 4,200 sq. ft. Townhouses: Development Individual lot 10,000 sq. ft. 2,500 sq. ft. Sin le-famil 6,000 sq. ft. Two-family 7,000 sq. ft. Three or more 9,000 sq. ft. Fraternit orSorority 2 acres Professional offices 1 acres (3) Land area per dwelling unit. Manufactured home 3,000 sq. ft. Apartments: No bedroom 1,700 sq. ft. One bedroom 1,700 sq. ft. Two bedroom 2,000 s . ft. Fraternity or Sorority 1,000 sq. ft. per resident (E) Setback requirements. Front Side Rear The Rc asipal 8 ft. 25 ft. building shall be 4uilt withhin a A build -to zone that is located between 40 feet the front property line and a line 25 feet from the front property line. Cross reference(s)--Variance, Ch. 156. (F) Building height regulations. 11 Building Height Maximum 1 30/45/60ft.` *A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right- of-way line shall have a maximum height of 30 feet, between 10-20 feet from the master street plan right-of-way a maximum height of 45 feet and buildings or portions of the building set back greater than 20 feet from the master street plan right-of-way shall have a maximum height of 60 feet. 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 the 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; Ord. 5262, 8-4-09; Ord. 5312, 4-20-10) Page 7 of 22 161.15 District RMF-40, Residential Multi -Family— Forty Units Per Acre (A) Purpose. The RMF-40 Multi -family Residential District is designated to protect existing high density multi -family development and to encourage additional development of this type where it is desirable. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 26 Multi -family dwellings (2) Conditional uses. Unit 2 City-wide uses by CUP Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 11 Manufactured home park Unit 12 Limited business Unit 24 Home occupation Unit 25 Professional offices Unit 36 Wireless communications facilities (C) Density. 11 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 ark 50 ft. Single-family 60 ft. Two-family 60 ft. Three or more 90 ft. Professional offices 100 ft. (2) Lot area minimum. Manufactured home ark 3 acres Lot within a 4,200 sq. ft. manufactured home ark Townhouses: Development 10,000 sq. ft. Individual lot 2,500 sq. ft. Single-family 6,000 s . ft. Two-family 6.500 sq. ft. Three or more 8,000 sq. ft. Fraternit or Sorority 1 acre (3) Land area per dwelling unit. Manufactured home park 3,000 sq. ft. Townhouses & Apartments No bedroom 1,000 sq. ft One bedroom 1,000 sq. ft. Two or more bedrooms 1,200 sq. ft. Fraternity or Sorority 500 sq. ft. per resident (E) Setback requirements. Front Side Rear rtiasipal fagads` of 'epees--rg 8 ft. 20 ft. building she!I be N'"t wothmr. a A build -to zone that is located between 40 feet the front property line and a line 25 feet from the front property line. Cross reference(s)--Variance, Ch. 156. (F) Building height regulations. 11 Buildinn Height Maximum 30/45/60 ft.* *A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right- of-way line shall have a maximum height of 30 feet, between 10-20 feet from the master street plan right=of--way a maximum height of 45 feet and buildings or portions of the building set back greater than 20 feet from the master street plan right-of-way shall have a maximum height of 60 feet. Height FeguWiGns. 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. Page 8 of 22 (H) Minimum buildable street frontage. 50% of the lot width. (Code 1965, App. A., Art. 5(IV); Ord. No. 2320, 4-5-77; Ord. No. 2700, 2-2-81; Ord. No. 1747, 6-29-70; Code 1991. §160.034; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. 5028, 6-19-07; Ord. 5224, 3-3-09; Ord. 5262, 8-4-09: Ord. 5312, 4-20-10) 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 Accessory 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 utili 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-famil dwellin s Unit 36 Wireless communication facilities' Unit 40 I Sidewalk cafes (C) Density. 11 Units per acre 1 10 or less (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. Single-family 4,000 s . ft. Two-family or more 3,000 sq. ft. of lot area per dwelling unit All other permitted and conditional None uses (E) Setback regulations Front: A build -to zone that is located between 10 and a tine 45 25 feet from the front orooertv line. (F) Building height regulations. Buildln Hei ht Maximum 45 ft. (G) Building area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of the lot. (Ord. 5312, 4-20-10) 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- intdrive through restaurants Page 9 of 22 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 16 Shopping goods 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 5046 15 ft. Front, if parking is allowed between the right-of-way and the building 50 ft. Side None Side, when contiguous to a residential district 10 ft. Rear 20 ft. (F) Building height regulations. 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. (8) 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 Two-family dwellings Unit 10 Three-family dwellings Unit 13 1 Eating laces Unit 15 Neighborhood Shopping oods Unit 18 Gasoline service stations and drive- in/drive through restaurants Unit 24 Home occupations Unit 25 Offices, studios and related services Unit 26 Multi -family 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. 8ull'dit Height Maximum 1 56 ft." (2) Conditional uses. maximum height limits on C 1 Pistk& "Any building which exceeds the height of 49 20 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 49 20 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; Ord. 5312, 4- 20-10; Ord. 5339, 8-3-10) 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 Trans ortation, trades and services Unit 19 Commercial recreation, small sites Unit 28 Center for collecting recyclable 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 161.19 Community Services (D) Bulk and area regulations. (A) Purpose. The Community Services district is (1) Lot width minimum. designed primarily to provide convenience goods and personal services for persons Dwelling 18 ft. living in the surrounding residential areas All others None and is intended to provide for adaptable Page 10 of 22 (2) Lot area minimum. None (E) Setback regulations. Front: The Ansipae eta building she!�be bu01PNithiaa 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 single- family residential district: (F) Building Height Regulations. 11 Euilditia Wei" nMaximum 1 56 ft. (G) Minimum buildable street frontage. 65 50% of the lot width. (Ord. 5312, 4-20-10; Ord. 5339, 8-3-10) 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 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 17 Transportation trades and services Unit 18 Gasoline service stations and drive- in/drive through restaurants 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 Li uor store (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit Warehousing and wholesale 21 Unit Center for collecting recyclable 28 materials Unit Dance Halls 29 Unit Sexually oriented business 32 Unit Outdoor music establishments 35 Unit Wireless communications facilities 36 Unit Mini -storage units 38 Unit Sidewalk Cafes 40 Unit Clean technologies 42 Unit Animal boarding and training 43 (C) Density. None. (D) Bulk and area regulations. None. (E) Setback regulations. Front 50415 ft. Front, if parking is allowed between the right-of-way aDd the building 50 ft. Side None Side, when contiguous to a residential district 15 ft. Rear 20 ft. (F) Building height regulations. Bufldiq `Ho htMaximum 1 75ft.' In PistpiGt G-2 `Any building which exceeds the height of 20 feet shall be set back from a boundary line of any residential district a distance of one foot for each foot of height in excess of 20 feet. Ne 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. 2361, 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- Page 11 of 22 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; Ord- 5312, 4-20-10; Ord. 5339, 8-3-10; 5353, 9-7-10) 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 -fa ildwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 13 Eating laces Unit 14 Hotel, motel and amusement services Unit 16 Shopping oods Unit 17 Transportation trades and services Unit 18 Gasoline service stations and drive- in/drive through 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 AccessoryDwellin 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 Unit2 I 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-stora a units Unit 40 Sidewalk cafes Unit 42 Clean technologies Unit 43 Animal boarding and training (C) Density. None (D) Bulk and area regulations. (1) Lot width minimum Sin le -family dwelling 18 feet All other dwellin s None Non-residential None (2) Lot area minimum None (E) Setback regulations. (F) Building height regulations. eulldf -'.Height Maximum 1 56/84 ft.' 11 Neight regulations. 'A building or a portion of a building that is sleser-than 45 feet located between 10 and 15 ft. from the front property line or any master street plan right-of-way line shall have a maximum height of 4stoges of 56 feet�vgisgever-is-less. A building or portion of a building that is located greater than 15 feet from the master street plan right-of-way shall have a maximum height of 6-sterieg A 84 feet w4ishever-isaess. 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. Page 12 of 22 (G) Minimum buildable street frontage. 50% of the lot width. (Ord. 5312, 4-20-10; Ord. 5339, 8-3-10; Ord. 5353, 9-7- 10) 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 City-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 Multi -family dwellings Unit 34 Liquor stores Unit 44 Cottage Housing Development (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 17 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 42 Clean technologies (C) Density. None. (D) Bulk and area regulations. None 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. 1 10 ft. (F) 8uildfiigfie7gttregulatluns. 8'ultdi ` a isl t Maximum 56184 tt "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 56 feet. A building or a portion of a building that is located greater than 15 feet from the master street plan right-of-way line shall have a maximum height of 84 feet 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. (E) Setback regulations. (B) Uses. Central Business Shopping (1) Permitted uses. District Center Page 13 of 22 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 places 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 occupations Unit 25 Offices, studios, and related services Unit26 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 . "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 56 feet. A building or portion of a building that is located greater than 15 feet from the master street plan right-of-way shall have a maximum height of 168 feet. (Ord. 5028, 6-19-07; Ord. 5029, 6-19-07; Ord. 5195, 11-6-08; Ord. 5312, 4-20-10) 161.24 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, 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. (C) Density. None. (1) Permitted uses. (D) Bulk and area regulations. None. (E) Setback regulations. Front The PORG Pal faqad0-9f a Wilding shall be buin within a 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. 80% of lot width. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 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 Unit26 Multi -family dwellings Unit 34 Liquor stores Note: Any combination of above uses is (G) Building height regulations. permitted upon any lot within this zone. Conditional uses shall need approval when ij BUlldln 'Hei ht;Maximum 1 561168 ft.* combined with pre -approved uses. (2) Conditional uses. Page 14 of 22 Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 18 Gasoline service stations and drive- in/drive through 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 1 Clean technologies (C) Density. None. (D) Bulk and area regulations. (1) Lot width minimum. Dwelling all unit t es 18 ft. (2) Lotareaminimum. None. (E) Setback regulations. Front The pFiasiryal fagade of a building shall b"It vithiaaAbuild- to zone that is located between the front property line and a line 25 ft. from the front property line. Side I None Rear 5 ft. Rear, from center line of 12 ft. an alley (F) Minimum buildable street frontage. 75% of lot width. (G) Building height regulations. 11 @ulldtrr Hd htMaximum 56/84ft.- He�ght 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 sterieser 56 feet, whichever is —less. A building or a portion of a building that is located greater than 15 feet from the master street plan right-of-way line shall have a maximum height of 6 stories er 84 feet. which eve, Was. (Ord. 5028, 6-19-07; Ord. 5029, 6-19-07; Ord. 5042, 8- 07-07; Ord. 5195, 11-6-08; Ord. 5312, 4-20-10; Ord. 5339, 8-3-10) 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 Nei hborhood she in goods Unit 24 Home occupations Unit 25 1 Offices, studios, and related services Unit 26 1 Multi -family 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 Shopping oods Unit 17 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 Page 15 of 22 (D) Bulk and area regulations. (1) Lot width minimum. L.Uwelling.(all unit ! es 18 ft. (2) Lot area minimum. None. (E) Setback regulations. Front withiA a A build -to zone that is located between the front property line and a line 25 ft. from the front propenty.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) Building height regulations. Buildin' '; Hei'fit Maximum 1 56 ft. (Ord. 5028, 6-19-07; Ord. 5029, 6-19-07; Ord. 5312, 4- 20-10) 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 wide uses b right Unit 8 ft Sin le-famil dwellin s 41Ait8 Unit 41 1 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 9 Two-family dwellings 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 recyclable materials Unit 36 Wireless communication facilities (C) Density. 10 Units Per Acre. (D) Bulk and area regulations. (1) Lot width minimum. Single Family 40 ft. Two Family 80 ft. Three Famil 90 ft. (2) Lot area minimum. 4,000 Sq. Ft. (E) Setback regulations. Front buildiAQ a shall be built wifhiA a 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) Wnlmum hugilIpble Oros! kan&We. 4Q% of let width (G) Building height regulations. Bail, in i ht Maximum 145 ft. (Ord. 5128, 4-15-08; Ord. 5312, 4-20-10 Page 16 of 22 164.02 Accessory Structures And Uses Accessory Structures And Uses. Accessory structures and uses shall be subject to the applicable use conditions set forth in Zoning, Chapters 160 through 165, and to the following general conditions: (A) Accessory structures. (1) When erected. No accessory structure shall be erected on any property prior to the construction of the principal structure, UNLESS such accessory structure shall have been approved by the Planning Commission as a conditional use. An approved accessory structure erected prior to the principal structure shall not be inhabited. (2) Integral part of principal structure. An accessory structure erected as an integral part of the principal structure shall be made structurally a part thereof, shall have a common wall therewith, and shall comply in all respects with the requirements of the building code applicable to the principal structure. (3) Height and Setback Restrictions. Accessory structures ten (10) feet or less in height shall maintain a minimum side setback of three (3) feet and a minimum rear setback of five (5) feet from the property lines. Accessory structures greater than ten (10) feet in height shall meet the setback requirements of the zoning district in which it is located. All accessory structures shall conform to the front setbacks of the zoning district in which is it located. (4) Build -to zones. Accessory structures shall be exempt from meeting the requirements of the build -to zone in any zoning district. (5) Size of accessory structure(s). An accessory structure(s) shall be 50% or less of the size of the principal structure. Any accessory structure(s) requested that is greater than 50% the size of the principal structure shall be allowed only as a conditional use and shall be granted in accordance with §163, governing applications of conditional use procedures; and upon the finding that the requested structure is designed to be compatible with the principal structure on the property and those on surrounding properties. Accessory structures that exceed 50% of the size of the principal structure shall meet the setback requirements of the zoning district in which it is located. (B) Swimming pools. Swimming pools shall not be located in any required front setback. Page 17 of 22 ADM 13-4353 Exhibit "C" 164.06 Minimum Buildable Street Frontage (A) Purpose. The purpose of minimum buildable street frontage regulations is to ensure traditional town form by locating buildings and structures in the build -to zone adjacent to the street. (B) Lot with one street frontage. (1) Calculated by measuring the linear distance of the street adjacent to the lot and applying the minimum buildable street frontage requirement of the underlying zoning district. (2) The minimum buildable street frontage requirement shall be met by locating the principal fagade of the primary structure in the build -to zone. (3) If the minimum buildable street frontage requirement cannot be met by locating the principal fagade of the primary structure in the build -to zone, supplemental elements shall be required and shall not exceed 10% of the minimum buildable street frontage requirement. Lot with One Frontage STREET •—STREETFROMAGE - WW DOM 7dS c BWLDINGFRONTAGE VARIES !If i T � of i W 0 n c I (C) Through tot. (1) Calculated by measuring the linear distance of the higher functional classification street adjacent to the lot and applying the minimum buildable street frontage requirement of the underlying zoning district. When the two adjacent rights -of -way of a through lot are of an equal functional street classification, the applicable street frontage to be measured shall be established by the property owner. (2) The minimum buildable street frontage requirement shall be met by locating the principal fagade of the primary structure in the build -to zone measured for the purposes of a through lot. (3) If the minimum buildable street frontage requirement cannot be met, supplemental elements shall be required and shall not exceed 10% of the minimum buildable street frontage requirement. Through Lot i 6MO razoNE I VARES (D) Comer Lot. HIGHERORDERSTREET ST STFA *GE ROW LOWER ORDER STREET g (1) Calculated by summing the linear distance of two intersecting streets adjacent to the lot and applying the minimum buildable street frontage requirement of the underlying zoning district to the total. 2) The minimum buildable street frontage requirement shall be met by locating the principal fagades of the primary structure in the build -to zone at the intersecton of the two streets measured for the purposes of a comer lot. �I �I ADM 13-4353 Exhibit "C" (3) If the minimum buildable street frontage (a) These facilities shall locate the requirement cannot be met convenience store's principal supplemental elements shall be required fagade within the build -to zone, but and shall not exceed 25% of the shall not have to meet the minimum minimum buildable street frontage buildable street frontage requirement. requirement of the underlying zoning district with the building. Supplemental elements shall be Corner Lot utilized to make up the remaining minimum buildable street frontage I r requirement for the development site. (b) The preferred layout of a fueling station the near the ! places pumps 11 rear of the lot while having the convenience store out in front near wE°L �w the street. This helps to highlight the building, shield the utilitarian -- _ pumps and canopy and pulls the LMEF OFOEN STREET curb cuts away from the - - - intersection, creating safer and (E) Standards for Autozoriented facilities. The easier access. intent of this section is to provide design standards for auto -oriented facilities in urban Preferred Urban Layout zoning districts. Auto -oriented developments such as fueling stations with convenience stores and drive-thru restaurants and banks utilize site development pattems that allocate o�w a large percentage of the site area for vehicular movement and a necessarily smaller portion for the business structure. Urban zoning districts are designed to require traditional town form, and the r following standards are provided in an effort to achieve an improved development form W J for auto -oriented facilities. y� h[ (1) Drive-thru facilities. ?a L-` (a) Auto -oriented developments that snee generate the majority of their business from a drive-in/drive-thm (c) Fueling station canopy. format shall make every effort but shall not be required to meet the (i) Fueling station canopies minimum buildable street frontage should be designed as an requirement of the underlying cohesive part of the station zoning district. architecture whenever (b) These facilities shall locate the possible, and are encouraged building's principal facade within the to be integrated with the overall buildzone. Supplemental roof structure of the elements shall be utilized to make convenience store. up the remaining minimum (it) The canopy structure shall be buildable street frontage set back a minimum of 20 feet requirement for the development from the master street plan site. right-of-way; pump islands, (2) Fueling stations with Convenience compressed air connections Stores. and similar equipment shall be set back a minimum of 25 feet ADM 13-4353 Exhibit "C" from the master street plan the fueling station pumps and right-of-way line. the public sidewalk, within the build -to zone; or (iii) The canopy structure and supports shall be consistent (A) A hedge row 32"-42" in height with the design of the primary shall be installed between the structure with respect to drive aisle serving the fueling materials and design. Metal pumps and the public sidewalk, support columns must be clad within the build -to zone, so (with brick, stone, wood etc) to long as a maintenance aesthetically complement the guarantee is provided that primary structure and provide covers the installation and care greater variety in materials, of the hedge until it is grown to unless they are architecturally sufficient height and density to designed for aesthetic interest. screen as intended. (iv) Canopy supports shall have a (F) Supplemental Elements. A supplemental minimum width to height ratio element that is utilized for meeting the of 1:10. minimum buildable street frontage requirement shall consist of at least one of (v) Canopy height, as measured the following, in addition to other required from the finished grade to the open spaces or pedestrian -oriented lowest point on the canopy elements: fascia, shall not exceed 13'-9". (1) A masonry screen wall between 32" and (vi) Canopy downspouts and 42" in height constructed with materials related hardware shall be similar to the principal structure and a integrated into the structure to 50% minimum opacity; reduce visibility. (2) Functional outdoor space with an (vii) Canopy ceiling shall be overhead structure and a minimum textured or have a flat finish; depth of six feet, such as a porch, glossy or highly reflective outdoor dining area or courtyard; materials are not permitted. (3) A colonnade with a minimum depth of (viii)Light fixtures mounted under eight feet and a minimum height of 10 canopies shall be completely feet. recessed into the canopy with flat lenses that are translucent (4) Other similar features meeting the intent and completely flush with the of this subsection, subject to the bottom surface (ceiling) of the approval of the Zoning and canopy. The sides (fascias) of Development Administrator. the canopy shall extend at least 12 inches below the Ions Corner Lot Example of the fixture to block the direct CALCULATE BY SUMMING THE LINEAR DISTANCE OF THETVO INTERSECTING STREETS ADJAGENT TO THE LOT, MINUS THE URIL•EWAYTHROAT WIDTH view of the light sources and THENAPPLYTHE MINIMUM BUILDABLE STREET FRONT EOF THE UNDERLYING ZONING DISTRICT IF THE UNDERLYING BUILDING FRONTAGE CANNOT BE MET, 25NNAYREA lenses from adjacent property SUPPLEMENTAL ELEMENT SEE ORDINANCE FOR FURTHER INFORMATION - line. Lights shall not be — '- - - —, mounted on the top or sides of J o 3 the canopy. r (ix) When visible from the street, �° fueling station bays/pump t�i a islands shall be screened on the street side with articulated N.D. •H " j S masonry walls 32"-42" in S' height, as least as wide as the _ pump island or bay; or - SE F{ V,4,]OR°„E45V0.EUEMIILRH4 SiN'e PPOAIiAYSY ryxpi,uxlUµlpyEDeBLE5T4(EItF05'IASk LDYIFA x • A masonry screen wall 32"-42" MF€TiFwtiw"oU�. F�ik'SFEE�fpbrflgi S1REEl in height shall be constructed �° MDR T DNDERLYw .: BNIGIA between the drive aisle serving ADM 13-4353 Exhibit T" (G) Exceptions. (1) Single-family dwellings In all zoning districts shall be exempt from the minimum buildable street frontage requirement. (2) Portions of a Iofs build -to zone determined by the Zoning and Development Administrator to be un- buildable due to the minimum requirements of another ordinance or special regulation may be excepted from the linear street length used to calculate the minimum buildable street frontage requirement, including but not limited to: required setbacks, easements, significant topography, tree preservation, floodway and required driveway access dimensions. (3) Street frontage onto an interstate highway shall be exempt from the minimum buildable street frontage percentage requirement. (4) For developments on lots that only disturb a portion of the original lot, thereby leaving buildable area for future development, the Zoning Development Administrator may allow consideration of only the portion adjacent to the proposed development when calculating the minimum buildable street frontage. The remaining area may be excluded from the calculation. 172.04 Parking Lot Design Standards (See: Illustration: Parking Dimension Factors) (A) Maneuvering. Parking lots shall be designated, maintained, and regulated so that no parking or maneuvering incidental to parking will encroach into the areas designated for sidewalks. streets. or required landscaping. §472AMIRParking lots shall be designed so that parking and un-parking can occur without moving other vehicles, unless a.vaiat sehiice has bash appfdved as pert:of tha.dayelopment.plans. Vehicles shall exit the parking lot in a forward motion. (8) Pedestrian access. Pedestrian access shall be provided from the street to the entrance of the structure by way of designated pathway or sidewalk. (C) Built!-(y zone. A` portion of a regUired' parking lot iay be jocatad Within the 6:uild to zone, subject 10 he.followingr (1)- -A parking lot loo.aW withih the build -to: zone s1.hal(be screened. with, a masonry aci."n wall".tietween 3?' and 42` inihelght and 5o% DA9.106 m1611bl.1 (2) Panting lots thatare located w)thin o.t,h-e build- to zGn:o sfiall comply ;With, :Chapter In -, Larldsrape Regulations, relatgo to landecapelsett eks. (3) Offsite, parkng;•lots Shall tie=prohibited from being,iacated wvwn twbulldrto zons. Page 22 of 22 NORTHWEST ARKANSAS DEMOCRATGAZEITE NORTHWESTARKANSAS THE THE MORNINGMORNING NEWS EWSOF SPRINGDERS MES l\WSPAPERSLLC ENOONCOUN DAILY RESASCORD 212 NORTH EAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.O. BOX 1607, 72702 1 479-442-1700 1 WWW.NWANEWS.COM AFFIDAVIT OF PUBLICATION I, Holly Andrews, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Newspapers, LLC, printed and published in Washington and Benton County, Arkansas, bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville - Ordinance 5592 Was inserted in the Regular Editions on: June 27, 2013 Publication Charges: $ 207.52 Subscribed and sworn to before me This I day of OW� 2013. bA� VV Notary Public My Commission Expires: ZIZ7�12o �`� Gentcn Cann v C ,mmissiun Expires { ,.. F„oruary 20, 2014 la **NOTE** Please do not pay from Affidavit. Invoice will be sent. ( A -rrA& r, 0 ) RECEIVED AUG 01 2013 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE ORDINANCE NO. 5592 15 'ORDINANCE D AMEND CHAPTERS ��^Vev! �^.151,'96t, 164, AND 172 OF THE UNIFIEDCC ,DEVELOPMENT CODE TO MODIFYCERTAIN STANDARDS WITHIN URBAN. s ZONING DISTRICTS, TO CLARIFY AND ADD FLEXIBILITY TO.SOME OF THESE REQUIREMENTS, TO AMEND BUILDING HEIGHT REFERENCES AND ADD A MAXIMUM BUILDING HEIGHT TO THE C-1 .ZONING DISTRICT, AND TO PROVIDE SUPPLEMENTAL DESIGN STANDARDS 'FOR AUTO -ORIENTED FACILITIES WITHIN THESE DISTRICTS. WHEREAS, the utilization of urban or "form -based" zoning districts is a specific benchmark adopted by the City Council in Fayetteville's City Plan 2030 Future Lend Use Plan; and WHEREAS, in 2009 the City Council adopted new standards related to urban zon- ing districts that were to be applied cfty-wide; and ),WHEREAS, the Unified Development Code should be amended from time to time to include a range of zoning districts and uses that meet the evolving needs and - expectations of Fayetteville citizens, businesses, and land developers; and `WHEREAS, the City Planning staff has identified changes that will encourage the development of a "traditional town form" and "appropriate milli as our highest 'Pflority;" at the proper scale and transition to surrounding properties. NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE. ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby 'amends §151 Definitions of the Unified DevelopmentCode by repealing these- 4e0rutons and enacting replacement definitions as shown below: 1Bufld-to Zane. A build -to zone is a range of allowable distances from a street right- of-way in which a building or structure shall be constructed in order to create a moderately uniform line of buildings along the street.. Minimum buildable street frontage. (Zoning). The minimum required percentage of. atots street frontage, established by the underlying zoning district and measured in':lirie it feet, that is met by constructing a portion or portions of the vertical side of -abuilding or structure within the build -to zone, subject to Supplementary District Regulations. Buildings may be constructed outside of the build -to -zone after the minimum required percentage has been met." - Seotton 2. That the City Council of. the City of Fayetteville, Arkansas hereby amends: '§161 Zoning Districts of the Unified Development Code as shown in Exhibit "A" attached hereto. Section 3.. That the City Council of the City of Fayetteville, Arkansas hereby . amends'§164.02 Accessory Structures and Uses of the Unified Development Code to:add the following:" S (4) Build -to zones. Accessory structures shall be exempt from meeting the require- - ments. of the build -to zone in any zoning district." Section 4. That the City Council of the City of Fayetteville, Arkansas hereby adopts '. ` 1,64.06'Minimum Buildable Street Frontage as shown in Exhibit T" attached hereto, Section S. That the City Council of the City of Fayetteville, Arkansas hereby `a)nends §172:04' Parking Lot Design Standards of the Unified Development ,Code byrepealing subsections "A". and "C" and enacting replacement sections °A"..and "C" as shown below: - - "(A) Maneuvering. Parking lots shall be designated, maintained, and regulated so thj no parking or maneuvering incidental to parking will encroach Into the areas designatedfor sidewalks, streets, or required landscaping.. Perking lots shall be 1:designed so that parking and un-perking,can occur withoutmoving other vehicles, unless a. valet service has been approved as part of the development plans. :Vehicles shall exit the parking lot in a forward motion. ` ,iQ Build -to zone. A portion of a required parking lot may be located within the - build -to zone, subject to the following: (1)•A parking lot located within the build -to zone shall be screened with a masonry screen wall. between 32' and 42" in height and 50% opaque minimum. (2).Parking lots that are located within the build -to zone shall comply with Chapter 177; Landscape Regulations, related to landscape setbacks. (3),Off-site parking lots shall' be prohibited from being located within the build -to z¢he,'" S,PASSED and APPROVED this 1 Bm day of June, 2013. , APPROVED: ATTEST: - _.Ay,,.. By: LlIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer Exhibits for this ordinance may be viewed in the office of the City Clerk/Treasurer.