HomeMy WebLinkAboutOrdinance 5636ORDINANCE NO. 5636
AN ORDINANCE TO AMEND § 164.11 HEIGHT AND SETBACK
REGULATIONS; EXCEPTIONS TO PROVIDE HOMEOWNERS
PROTECTION OF THEIR RIGHT TO SUNLIGHT AND AIR
WHEREAS, Fayetteville homeowners' rights to adequate sunlight and room for air and
wind should be protected; and
WHEREAS, preservation of the many homeowners' single family residences used as
homes in the Downtown Master Plan District have inadequate setback protection from large and
tall buildings require that minimum side and rear setbacks and upper story stepbacks be enacted
to ensure adequate sunlight, wind and air for these homes to remain attractive and healthful
places to live; and
WHEREAS, residential homeowners who wish to install solar panels or passive solar
heat collectors, etc. must have enough protected access to sunlight for these ecological and green
technology products to work effectively; and
WHEREAS, trees and other plants within the yards of homes also need adequate
sunlight that reasonable setback and stepback regulations can ensure.
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 §
164.11 Height of Setback Regulations; Exceptions by amending its title to be: "Height of
Setback Regulations; Exceptions and Home Protection Requirements" and by enacting a
new (C) Home Protection Requirements as shown below:
Page 2
Ordinance No. 5636
"(C) Home Protection Requirements.
Regardless of any other setback or build -to zone regulations, new multifamily,
commercial, office, parking deck, or mixed use construction exceeding twenty-four (24) feet in
height which adjoins or abuts a single family home being used primarily as a single family
residence within the Downtown General or Main Street Center Zoning Districts must at a
minimum be set back from the side or rear adjoining property line at least fifteen (15) feet. The
maximum height of the new building from the fifteen foot setback shall be thirty-six (36) feet for
an additional fifteen (15) foot stepback from the residence's property line. These setback and
stepback requirements are minimums so that, if larger setbacks or stepbacks are required by
other zoning laws, the larger setback/stepbacks are controlling."
PASSED and APPROVED this Yd day of December, 2013.
APPRnVF.D-
By:
ATTEST:
By: A, y - ,�rr1W
SONDRA E. SMITH, City Clerk/Treasurer
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AGENDA REQUEST
FOR: COUNCIL MEETING OF September 17, 2013
FROM:
CITY COUNCIL MEMBER SARAH MARSH
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
An ordinance to amend § 164.11 Height and Setback Regulations; Exceptions to
enhance livability through appropriate transitions in building scale and to
protect access to air and sunlight and to enact an emergency clause
APPROVED FOR AGENDA:
City Council Member Sarah Marsh Date
City Attorne Kit Williams Date
(as to form)
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THE CITY OF FAYETTEVILLE, ARKANSAS
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan, City Council
Thru: Don Marr, Chief of Staff
From: Jeremy Pate, Development Services Director
Date: November 21, 2013
Subject: Building Height Amendments from Ordinance Review Committee
The Ordinance Review Committee on November 20 met to discuss an ordinance currently under consideration by the
City Council to amend building height and setback regulations in the Unified Development Code. The following
amendments were all recommended from the Ordinance Review Committee for the Council to consider:
1) Amend Section 2 of the ordinance to remove (E)(4), the requirement to obtain LEED Gold certification for
buildings over 60 feet in height
2) Consider as a separate discussion (not as part of the whole recommendation) a requirement that a developer
must meet the City's Low Impact Development ordinance instead of LEED. One example of language that might
be considered is:
"The developer shall utilize Low Impact Development strategies in the project design, in accordance
with the Unified Development Code §179: Low Impact Develoment."
3) Amend Section 2 of the ordinance to reword (E)(2) as follows:
"Any associated parking garage constructed within a build -to zone shall be screened from view at the
street grade with a liner building."
4) Amend Section 2 of the ordinance, under (E)(3), to change the 50% residential requirement to 25%.
5) Amend Section 2 of the ordinance to reword (E)(3) as follows:
"A minimum of 25% of the additional gross floor area of the building above 60 feet in height shall be
dedicated to residential use, where residential uses are permitted. The residential area, once
calculated, may be distributed anywhere throughout the building."
6) Amend Section 2 of the ordinance to allow a property owner to reduce side or rear setbacks to 0 feet if the
adjacent property owner gives permission through an easement. Reword (C)(3) as follows:
"if the developing property owner owns the adjacent property on the common side and/or rear
property line, or negotiates an easement with the adjacent property owner to allow for said
construction."
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AN ORDINANCE TO AMEND §§ 161.16, 161.18, 161,19, 161,20, 161.21,
161.22, 161.23, 161.24, AND 161.25 TO CHANGE SETBACKS AND
STEPBACKS FOR ADJOINING PROPERTY AND HEIGHT LIMITATIONS
FOR SEVERAL DISTRICTS AND TO AMEND § 164.11 HEIGHT AND
SETBACK REGULATIONS; EXCEPTIONS TO REDUCE OR ELIMINATE
SETBACKS IN CERTAIN CIRCUMSTANCES, TO REQUIRE WIDER
SIDEWALKS FOR BUILDINGS HIGHER THAN 36 FEET AND TO
PROVIDE A BUILDING HEIGHT INCREASE FOR BUILDINGS RECEIVING
LEED GOLD CERTIFICATION AND MEETING OTHER REQUIREMENTS,
AND TO AMEND § 156.02 (F) TO AUTHORIZE A REQUIREMENT FOR A
HEIGHT VARIANCE APPLICANT TO PROVIDE A VIEWSHED ANALYSIS
OR A SUN/SHADOW STUDY
WHEREAS, appropriate transitions in building scale enhance livability and architectural
cohesion in mixed -use areas, helping to enrich our built environment by promoting the
compatibly of new development with historic structures; and
WHEREAS, Fayetteville property owners' rights to adequate sunlight and room for air
and wind should be protected; and
WHEREAS, protection of owners' property rights from large and tall buildings require
that minimum side and rear setbacks and upper story stepbacks be enacted to ensure adequate
sunlight, wind and air for these properties to remain attractive and healthful places to live or
work; and
WHEREAS, property owners who wish to install solar panels or passive solar heat
collectors, etc. must have enough protected access to sunlight for these ecological and green
technology products to work effectively; and
WHEREAS, trees and other plants within the yards of homes and other greenspace areas
also need adequate sunlight that reasonable setback and stepback regulations can ensure; and
WHEREAS, side and rear setbacks should be able to be eliminated under certain
circumstances; and
WHEREAS, building height limitations currently allowed by the Unified Development
Code should be lowered to 60 feet unless a height increase is allowed under certain
circumstances including the attainment of LEED Gold Certification; and
WHEREAS, the Planning Department should be able to require a height variance
requestor to provide a viewshed analysis or sun/shadow study of the proposed project.
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 §§
161.16, 161.18, 161.19, 161,20, 161.21, 161.22, 161.23, 161.24, and 161.25 and enacts these
amendments as shown on Exhibit A attached hereto.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends §
164.11 Height of Setback Regulations; Exceptions by enacting a new (C) Side and Rear
Setback, (D) Buildings over Thirty -Six Feet in Height and (E) Building Height Bonus as shown
below:
"(C) Side and rear setback. Zoning districts that require a 5-foot side and/or
rear setback with an accompanying building height stepback may be
permitted to reduce the side and/or rear setback to 0 feet if one or more of
the following circumstances exist:
(1) if there is no principal structure on the property directly adjacent to the
common side and/or rear property line;
(2) if a principal structure that is adjacent to the common side and/or rear
property line is already within 5 feet of said property line; or
(3) if the developing property owner owns the adjacent property on the
common side and/or rear property line.
(D) Any building over 36 feet in height utilizing urban streetscapes shall
provide for a minimum 10-foot wide sidewalk adjacent to all streets on
which a sidewalk is required to be replaced or constructed due to the
development proposed.
(E) Building Height Bonus. A building height bonus may be granted, subject
to the following requirement. These standards apply to all buildings
within a development site.
(1) A minimum 12-foot wide sidewalk for projects utilizing urban
streetscapes shall be constructed adjacent to all streets on which a
sidewalk is required to be replaced or constructed. More extensive
tree planting areas may be required to help mitigate for loss of
greenscape and addition of impervious surface.
(2) Any associated parking garage shall be screened from view at the
street grade with a liner building.
(3) A minimum of 50% of the additional gross floor area of the building
above 60 feet in height shall be dedicated to residential use. The
residential area, once calculated, may be distributed anywhere
throughout the building.
(4) Prior to obtaining a building permit, the developer shall submit an
energy model and LEED checklist (or approved equivalent) for all
buildings in the development indicating which credits are intended to
be pursued to achieve USGBC LEED Gold (or approved equivalent)
building standards. Proof of LEED Gold certification (or approved
equivalent) shall be submitted to the city within 180 days of issuance
of a Certificate of Occupancy. All projects shall show effort to
achieve the Development Density and Community Connectivity credit,
or equivalent.
(5) Any side of a building immediately adjoining a principal structure on
an adjacent lot shall utilize materials, colors and other architectural
features similar to the front fagade."
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby amends §
156.02 (F) Specific Tests by enacting a new (2) as shown below:
"(2) The Planning Division and/or Board of Adjustment may require an
applicant to produce a viewshed analysis and/or a Sun/Shadow Study
using industry accepted methodologies to show the impact of a height
variance proposal on neighboring streets and properties, in an effort to
determine if there is an adverse impact caused by the proposal."
PASSED and APPROVED this 5'h day of November, 2013.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
Exhibit "A"
As amended by City Council
11 /05/2013
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
Ci -wide uses by right
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three-family dwellin s
Unit 12
Limited Business
Unit 24
Home occupations
Unit 41
Accesso 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 b conditional use
Unit 3
Public rotection and utilityfacilities
Unit 4
Cultural and recreational facilities
Unit 5
Government Facilities
Unit 13
Eatin laces
Unit 15
Nei hborhood sho in goods
Unit 19
Commercial recreation, small sites
Unit 25
Offices studios and related services
Unit 26
Multi-famil dwellin s
Unit 36
Wireless communication facilities"
Unit40
Sidewalk cafes
(C) Density.
Units per acre 10 or less
(D) Bulk and Area
(1) Lot width minimum
Sin le-famil
35 feet
Two-family
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
per dwelling unit
All other permitted
and conditional
None
uses
(E) Setback regulations
Front: A build -to zone that is located
between 10 and 25 feet from the
front properly line.
Side 5 feet
Rear 15feet
(F) Building height regulations.
Buildin Hei ht Maximum 145 ft 11
*Any building which exceeds the height of 20
feet shall be set back from a boundary line of
any single family 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 the lot.
KA
161.18 District C-1, Neighborhood foot for each foot of height in excess of 20
Commercial feet.
(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
Unit34
Liquor stores
Unit 35
Outdoor music establishments"
Unit 36
Wireless communications facilities"
Unit 40
Sidewalk Cafes
Unit 42
Clean technolo ies
(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
5 feet
Side, when contiguous to a
residential district
10 ft.
Rear
20 ft.
(F) Building height regulations.
11 Building Height Maximum 1 60ft.'
`Any building which exceeds the height of 20
feet shall be setback from any boundary line
of any residential district a distance of one
(G) Building area. On any lot the area occupied
by all buildings shall not exceed 40% of the
total area of such lot.
161.19 Community Services
(A) Purpose. The Community Services
district is designed primarily to provide
convenience goods and personal services for
persons living in the surrounding residential
areas and is intended to provide for adaptable
mixed use centers located along commercial
corridors that connect denser development
nodes. There is a mixture of residential and
commercial uses in a traditional urban form with
buildings addressing the street. For the purposes
of Chapter 96: Noise Control, the Community
Services district is a commercial zone. The intent
of this zoning district is to provide standards that
enable development to be approved
administratively.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
Unit 13
Eating laces
Unit 15
Neighborhood 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.
(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
Unit34
Liquor stores
Unit 35
Outdoor music establishments
Unit 36
Wireless communication facilities`
Unit 40
Sidewalk Cafes
Unit 42
Clean technologies
(C) Density. None
(D) Bulk and area regulations.
(1) Lot width minimum.
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:
5 feet
Side or rear, when
15 feet
contiguous to a single-
family residential
district:
(F) Building Height Regulations.
10-15 feet from front Maximum 60 feet
property line
0-15 feet from side and Maximum 36 ft. or
rear property line the height of the
adjacent building,
whichever isgreater'
15 feet + from all Maximum 60 feetz
property lines
(1) The height of an adjacent building may
only be utilized for this calculation if it is
located on the common side or rear property
line being developed.
(2) Individual balconies, awnings, overhangs
and other similar architectural projections 6
feet or less in depth are permitted forward of
the building facade.
(G) Minimum buildable street frontage. 50% of
the lot width.
161.20 District C-2, Thoroughfare Commercial
(A) Purpose. The Thoroughfare
Commercial District is designed especially to
encourage the functional grouping of these
commercial enterprises catering primarily to
highway travelers.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses 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
Liquor store
(2) Conditional uses.
Unit
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
50 ft.
between the right-of-way and the
building
Side
5 feet
Side, when contiguous to
15 ft.
a residential district
Rear
20 ft.
All property lines
30 ft. for
portions of a
building over
60 ft. in
hei ht
(F) Building height regulations.
Building Height Maximum 160
'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.
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
Units
Government facilities
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
Unit 13
Eating laces
Unit 14
1 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 1
Multi-familv dwellings
Unit 34 1
Liquor store
Unit 41
Accesso Dwellin s
Note: Any combination of above uses is
permitted upon any lot within this zone.
Conditional uses shall need approval when
combined with pre -approved uses.
(2) Conditional uses
Unit 2
City-wide uses by conditional use
permit
Unit 3
Public protection and utility facilities
Unit 20
Commercial recreation, large sites
Unit 21
Warehousing and wholesale
Unit 28
Center for collecting recyclable
materials
Unit 29
Dance halls
Unit 33
J Adult live entertainment club or bar
Unit 35
Outdoor music establishments
Unit 36
Wireless communication facilities
Unit 38 1
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 dwelling 18 feet
Alt other dwellin s None
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:
5 feet
Side or rear, when
15 feet
contiguous to a single-
family residential
district:
All property lines
30 ft. for portions of a
building over 60 ft. in
height
(F) Building height regulations.
10-15 feet from front
Maximum 60 feet
property line
0-15 feet from side and
Maximum 36 feet or
rear property line
the height of the
adjacent building,
whichever isgreater'
15 feet + from all
Maximum 60 feett
ro ert lines
Buildin Hei ht Bonus
84 feet3
(1) The height of an adjacent building may
only be utilized for this calculation if it is
located on the common side or rear property
line being developed.
(2) Individual balconies, awnings, overhangs
and other similar architectural projections 6
feet or less in depth are permitted forward of
the building fagade.
(3) Building height may be permitted up to 84
feet, pursuant to §164.11 Height or Setback
Regulations and Exceptions.
(G) Minimum buildable street frontage. 50% of
the lot width.
161.22 District C-3, Central Commercial
(A) Purpose. The Central Commercial District is
designed to accommodate the commercial
and related uses commonly found in the
central business district, or regional
shopping centers which provide a wide
range of retail and personal service uses.
(B) Uses.
(1) Permitted uses.
Unit 1
City-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
Shopping oods
Unit 18
Gasoline service stations & drive-in
restaurants
Unit 19
r 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
Unit36
Wirelesscommunications facilities
Unit 40 1
Sidewalk Cafes
11 Unit 42 1
Clean technologies
(C) Density. None.
(D) Bulk and area regulations. None
(E) Setback regulations.
Central
Business
Shopping
District
Center
Front
5 ft.
25 ft.
Front, if parking
is allowed
between the
right-of-way and
the buildin
50 ft.
50 ft.
Side
5 feet
5 feet
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.
All property lines
30 ft. for
30 ft. for
portions of a
portions of a
building over
building over
60 ft. in
60 ft. in height
height
(F) Building height regulations.
5-15 feet from front
Maximum 60 feet
property line
0-15 feet from side and
Maximum 36 feet or
rear property line
the height of the
adjacent building,
whichever isgreater'
15 feet + from all
Maximum 60 feet'
property lines
Buildin Hei ht Bonus
84 feet3
(1) The height of an adjacent building may
only be utilized for this calculation if it is
located on the common side or rear property
line being developed.
(2) Individual balconies, awnings, overhangs
and other similar architectural projections 6
feet or less in depth are permitted forward of
the building facade.
(3) Building height may be permitted up to 84
feet, pursuant to §164.11 Height or Setback
Regulations and Exceptions.
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
ShOrMing goods
Unit 17
Trans ortation trades and services
Unit 19
Commercial recreation, small sites
Unit 24
Home occu ations
Unit 25
Offices, studios, and related services
Unit 26
Multi -family dwellings
Unit 34
1 i uor 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.
Unit2
City-wide uses by conditional use
permit
Unit 3
Public 2rotection and utility facilities
Unit 29
Dance Halls
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. 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
ro ert line.
Side
5 feet
Rear
5 ft.
Rear, from center line
12 ft.
of an alley
All property lines
30 ft. for portions of a
building over 60 ft. in
height
(F) Minimum buildable street frontage. 80% of
lot width.
(G) Building height regulations.
0-15 feet from front
Maximum 60 feet
property line
0-15 feet from side and
Maximum 36 feet or
rear property line
the height of the
adjacent building,
whichever is reater'
15 feet + from all
Maximum 60 feet2
property lines
Building Height Bonus
168 feeP
(1) The height of an adjacent building may
only be utilized for this calculation if it is
located on the common side or rear property
line being developed.
(2) Individual balconies, awnings, overhangs
and other similar architectural projections 6
feet or less in depth are permitted forward of
the building facade.
(3) Building height may be permitted up to
168 feet, pursuant to §164.11 Height or
Setback Regulations and Exceptions.
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 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
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
Li uor 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 utilft 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 es 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
5 feet
Rear
5 ft.
Rear, from center line of
12 ft.
an alley
All property lines
30 ft. for portions of a
building over 60 ft. in
height
(F) Minimum buildable street frontage. 75% of
lot width.
(G) Building height regulations.
0-15 feet from front
Maximum 60 feet
property line
0-15 feet from side and
Maximum 36 feet or
rear property line
the height of the
adjacent building,
whichever isgreater'
15 feet + from all
Maximum 60 feetz
property lines
Building Height Bonus
1 84 feet'
(1) The height of an adjacent building may
only be utilized for this calculation if it is
located on the common side or rear property
line being developed.
(2) Individual balconies, awnings, overhangs
and other similar architectural projections 6
feet or less in depth are permitted forward of
the building fagade.
(3) Building height may be permitted up to 84
feet, pursuant to §164.11 Height or Setback
Regulations and Exceptions.
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 riiQht
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
Neighborhood shopping oods
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
recyclable materials
Unit 36
Wireless communication facilities
Unit 40 1
Sidewalk Cafes
(C) Density. None
(D) Bulk and area regulations.
(1) Lot width minimum.
Dwellin all unit es 18 fi.
(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
5 feet
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.
0-15 feet from front
property line
Maximum 60 feet
0-15 feet from side and
Maximum 36 feet or
rear property line
the height of the
adjacent building,
whichever isgreater'
15 feet + from all
Maximum 60 feet'
property lines
(1) The height of an adjacent building may
only be utilized for this calculation if it is
located on the common side or rear property
line being developed.
(2) Individual balconies, awnings, overhangs
and other similar architectural projections 6
feet or less in depth are permitted forward of
the building facade.
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan, City Council
Thru: Don Marr, Chief of Staff
From: Jeremy Pate, Development Services Director
Date: October 04, 2013
Subject: Building Height Amendments
BACKGROUND
Council member Sarah Marsh has proposed building height amendments for the City Council to consider. The
original ordinance created a 15-foot setback from all single family residences, with a series of building height
stepbacks to allow for light and air into adjacent residential properties. After significant discussion with
Council members Marsh and Matthew Petty, as well as local architects, downtown property owners,
downtown residents and members of the development community over the past few weeks, a significantly
different proposal has been drafted by Ms. Marsh and is submitted for Council consideration. A rough draft of
this proposal was distributed at the previous Council meeting; this draft has been refined with input from
various stakeholders and is attached.
PROPOSAL
There is no longer a single family use associated with the side or rear setback and building height amendment
proposal, based on the current reasons stated for instituting these regulations, which are to provide transition
in building scale to promote compatibility of new development and existing structures, to protect rights to
sunlight and room for air and wind, to mitigate harmful effects such as mold and allow for trees and plants to
grow, and to allow for solar access for alternative energy purposes. All of these same concerns, it could be
argued, apply to office, commercial and other uses in addition to single family homes.
Amend Ch. 161, Zoning Regulations
Setback
All of the following zoning districts with 0-foot side and rear setbacks are proposed to be amended to add a
minimum 5-foot side and rear setback. There are a few exceptions to this rule, chiefly 1) if there is no building
developed adjacent to the property being developed; 2) if an adjacent building is already within 5 feet of the
common property line; and 3) if the same property owner owns the adjacent property on the common
boundary line.
C-1 —Neighborhood Commercial
C-3 — Central Commercial
CS - Community Services
DC —Downtown Core
C-2 -Thoroughfare Commercial
MSC— Main Street Center
UT - Urban Thoroughfare
DG — Downtown General
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
Building Height
At the 5-foot setback from side and rear property lines (or between 0 and 5 feet, if the conditions allow for it),
the maximum height is the height of the structure on the adjacent property or 36 feet, whichever is greater.
This permits standard 12-foot floor to floor height dimensions utilized in commercial construction. Once the
maximum height is achieved, there is a required additional 10-foot setback, for a total setback of 15 feet. This
essentially creates an initial maximum height between 5-15 feet from the side/rear property line.
Past the 15-foot setback line, a building may go up to 60 feet in height, again based on typical 12-foot floor to
floor heights, which would allow 5 (or 6 smaller) stories. Individual balconies, awnings, overhangs and other
similar architectural features that protrude from the building fagade are permitted to a depth of 6 feet into
setback zones.
The maximum height in all of these above zones is amended to 60 feet. However, a height bonus system has
been created; for zones that reference heights above 60 feet, there are supplementary requirements that
must be met. In each zone that permits this, there is a reference to §164.11 for the supplementary standards.
Amend Ch. 164.11 Height Regulations; Exceptions
This proposal attempts to regulate building height above the maximum 60 feet, requiring certain additional
standards to be met. They include wider sidewalks based on the height of the building, creation of a 30-foot
setback above 60 feet from all property lines, the requirement for residential uses, LEED Gold building
standards, requirement to cover a parking garage with a liner building at street level, and some architectural
embellishment when the side of a building is adjacent to another building.
Amend Ch. 156.02 (F) Variances, Specific tests
A statement has been added that the Planning Division or Board of Adjustment may require the applicant to
provide a visual impact analysis and/or a sun/shadow study, as needed, to determine if there is an adverse
impact on neighboring properties, if there is a variance requested
ORDINANCE NO.
AN ORDINANCE T AMEND
161.22, 161.23, 161.2 AND
STEPBACKS FOR ADJ NING
FOR SEVERAL DISTRIN(F)
SETBACK REGULATI
SETBACKS IN CERTA
SIDEWALKS FOR BU
PROVIDE A BUILDING LEED GOLD CERTIFICAND TO AMEND § 156.
HEIGHT VARIANCE APPLICXNT
OR A SUN/SHADOW STUDY/
§ § 161. 6, 161.18, 161.19, 161.20, 161.21,
161.25 TO CHANGE SETBACKS AND
OP.:RTY AND HEIGHT LIMITATIONS
TO AMEND § 164.11 HEIGHT AND
D1 TIONS TO REDUCE OR ELIMINATE
JMSTANCES, TO REQUIRE WIDER
HIGHER THAN 36 FEET AND TO
CREASE FOR BUILDINGS RECEIVING
MEETING OTHER REQUIREMENTS,
kUTHORIZE A REQUIREMENT FOR A
�O PROVIDE A VIEWSHED ANALYSIS
WHEREAS, appropriate transitions in buil ing scale enhance livability and architectural
cohesion in mixed -use areas, helping to enrich ur built environment by promoting the
compatibly of new development with historic structur ;and
i
WHEREAS, Fayetteville property owners' righ to adequate sunlight and room for air
and wind should be protected; and
WHEREAS, protection of owners' property rights om large and tall buildings require
that minimum side and rear setbacks and upper story slepb ks be enacted to ensure adequate
sunlight, wind and air for' these properties to remain attracti e and healthful places to live or
work; and j
WHEREAS, pioperty owners who wish to install solar panels or passive solar heat
collectors, etc. must 'have enough protected access to sunlight t r these ecological and green
technology products to work effectively; and
WHEREAS, trees and other plants within the yards of homes and other greenspace areas
also need adequate sunlight that reasonable setback and stepback regulations can ensure; and
WHEREAS, side and rear setbacks should be able to be eliminated under certain
circumstances; and
WHEREAS, building height limitations currently allowed by the Unified Development
Code should be lowered to 60 feet unless a height increase is allowed under certain
circumstances including the attainment of LEED Gold Certification; and
WHEREAS, the Planning Department should be able to require a height variance
requestor to provide a viewshed analysis or sun/shadow study of the proposed project.
NOW, THER ORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEV LE, ARKANSAS:
Section 1. That the ity Council of the Ci of Fayetteville, Arkansas hereby amends §§
161.16, 161.18, 161.19, 161. 0, 161.21, 161.221 161.23, 161.24, and 161.25 and enacts these
amendments as shown on Exhi it A attached hereto.
Section 2. That the City ouncil of flab City of Fayetteville, Arkansas hereby amends §
164.11 Height of Setback Regu tions; Exceptions by enacting a new (C) Side and Rear
Setback, (D) Buildings over Thirty_,
hirty\ Feet%in Height and (E) Building Height Bonus as shown
below:
"(C) Side and rear setback. Xoning districts that require a 5-foot side and/or
rear setback with an accompanying building height stepback may be
permitted to reduce the side; ,and/or rear setback to 0 feet if one or more of
the following circumstances'kxist:
(1) if there is no principal structure on the property directly adjacent to the
common side and/or rear property line;
(2) if a principal structure that is adjacent to the common side and/or rear
property line is already within 5 Yiect of said property line; or
(3) if the developing property owner
common side and/or rear property
(D) Any building over 36 feet in height
provide for a minimum 10-foot wide
which a sidewalk is required to be r
development proposed.
(E) Building Height Bonus. A building height
to the following requirement. These sty
within a development site.
the adjacent property on the
urban streetscapes shall
adjacent to all streets on
or constructed due to the
may be granted, subject
apply to all buildings
(1) A minimum 12-foot wide sidewalk for projects utilizing urban
streetscapes shall be constructed adjacent to all streets on which a
sidewalk is required to be replaced or constructed. More extensive
tree planting areas may be required to help mitigate for loss of
greenscape and addition of impervious surface.
(2) Any associated parking garage shall be screened from view at the
street grade with a liner building.
(3) A m' imum of 50 0 of the additional gross floor area of the building
above 60 feet in height shall be/dedicated to residential use. The
reside 'al area, once calculat d, may be distributed anywhere
througlro t the building. ;/
(4) Prior to ob fining a building permit, the developer shall submit an
energy mode7\and LEED checklist (or approved equivalent) for all
buildings in the` development indicating which credits are intended to
be pursued to achieve USGBC LEED Gold (or approved equivalent)
building standard. Proof of LEED Gold certification (or approved
equivalent) shall bedsubmitted to the city within 180 days of issuance
of a Certificate of 'Occupancy. All projects shall show effort to
achieve the Development Density and Community Connectivity credit,
or equivalent.
(5) Any side of a building immediately adjoining a principal structure on
an adjacent lot shall utilize'•, materials, colors and other architectural
features similar to. the front facade."
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby amends §
156,02 (F) Specific Tests by enacting a new (2) as sf�pwn below:
"(2) The Planning Division and/or Board.. of Adjustment may require an
applicant to produce a viewshed analysis and/or a Sun/Shadow Study
using industry accepted methodologies tp show the impact of a height
variance proposalon neighboring streets',and properties, in an effort to
determine if there is an adverse impact caused by the proposal."
PASSED and APPROVED this 5`h day of November;;,2013.
APPROVED:
By:
LIONELD JORDAN, Mayor
ATTEST:
IC
SONDRA E. SMITH, City Clerk/Treasurer
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
Cit -wide uses right
Unit 8
Sin le famil dw lin s
Unit
Two-famil dwellin
Unit 10
Three-family dwellin
Unit 12
Limited Business
Unit 24
Home ooca aticn5
Unit 41
Accesso dwelling units \#
Note: Any combination of above uses
permitted upon any lot within this zc
Conditional uses shall need approval w
combined with pre -approved uses.
(2) Conditional uses
Unit 2
City-wide uses by conditional use
Unit 3
Public protection and utility faciliti s
Unit4
Cultural and recreational facilities
Unit 5
Government Facilities
Unit 13
Eating laces
Unit 15
Nei hborhood shopping oods
Unit 19
Commercial recreation small site
Unit 25
Offices, studios and related servi es
Unit 26 1
Multi -family dwellings
Unit 36
Wheless communication facilitie
Unit 40 1
Sidewalk cafes
(C) Density.
Units per 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
All other uses
None
(2) Lot area minimum.
Single-family
4,000 sc. 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 25 feet from the
front property line.
Side 5 feet
Rear 15feet
(F) Building height regulations.
Suildin Height Maximum 145 V
*Any, building which'e ideedf;theheight_ df,20
feetehall be setback from k6oundary. line of
any. single, ,family; resldenQ::di 66t' a
distance;ofione' foot,for eac6_foobaf� heighb in
excessiof20 f4k
(G) Building area. On any lot, the area
occupied by all buildings shall not exceed 60% of
the total area of the lot.
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
residents areas.
(13) Use
(1) Permitt ¢ uses.
Unit 1
Cl -wi uses by right
Un5G 5
Governm t Facilities
Unit 13
rating lac s
Unit 15
Nei hborho shooping
Unit 18
Gasoline servibq stations and drive-
inldrive through rqstaurants
Unit 25
Offices, studios, and related
services
(2) Conditional uses. \ !
Unit 2
City-wide uses by condltio k Its.
permit
Unit 3
Public protection and utility facile s
Unit 4
Cultural and recreational faciliti
Unit 16
Shopping oods
Unit 34
Liquor stores
Unit 35
Outdoor music establishment
Unit 38
Wireless communications fee ides'
Unit 40
Sidewalk Cafes
Unit 42
Clean technolo ies
(C) Density. None.
A Bulk and area regulations. No e.
(E) Setback regulations.
Front
15
Front, if parking is allowed
between the right-of-way and
the building
50
Side
Side, when contiguous to a
residential district
1 ft.
Rear
21 ft.
(F) Building height regulations.
*Any building which exceeds the height of 20
feet shall be setback from any b undary line
of any residential district a diet nce 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.
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 cents s located along commercial
corridors that cohVect denser development
nodes. There is a ixture of residential and
commercial uses in a 4aditional urban form with
buildings addressing th street. For the purposes
of Chapter 96: Noise ntrol, the Community
Services district is a co m rcial zone. The intent
of this zoning district is to kovide standards that
enable development t be approved
administratively.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational fee ties
Unit
Government facilities
Unit 8
Sing] mildwellings
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
Unit 13
Eating laces
Unit 15
Neighborhood Shopping goods
Unit 18
Gasoline service stations and
in/drive through restaurants
ive-
Unit 24
Home occu alions
Unit 25
Offices studios and related se ices
Unit 26
Multi-familydwellings
Note: Any combination of above as is
permitted upon any lot within this zone.
Conditional uses shall need approv when
combined with pre -approved uses.
(2) Conditional uses.
Unit2
City-wide uses by
conditional use permit
Unit 3
Public protection and uOlity 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 34
Liquor stores
Unit 35
Outdoor music establishments
Unii 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 18tt.
All oth `rs None
(2) Lot area minimum. None
(E) Setback regulations.
ront:
A build -to zone that is
located between 10
feet and a line 25 feet
from the front property
line.
Side and rear:9*WAIW
Side or rear, when
15 feet
contiguous to a single-
family residential
district:
(F) Building Height Regulations.
line
Tile height of an adjacent building may
y be utilized for this calculation if it io
LtS? on the common side or rear properly
awnings, overhangs
wtural projections 0
permitted forward of
(G) Minimum buildable street frontage. 50% of
the lot width.
161.20 District C-2, Thoroughfare Commercial
(A) Purpose. The Thoroughfare
Commercial District is designed especially to
encourage the functional grouping of these
commercial enterprises catering primarily to
highway travelers.
(B)
Uses.
(1)
Permitted uses.\
Unit 1
Cit -wide uses b ri t
Unit 4
Cultural and recrealio I facilities
Unit 5
Government Facilities
Unit 13
Eating laces
Unit 14
Hotel motel, and amusemeht facilities
Unit 16
Shopping oods
Unit 17
Transportation trades and servi s
Unit 18
Gasoline service stations and rive-
inldrive 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 1
Liquor store
(2) Conditional uses.
Unit
Citywide uses by conditional se
permit
Unit 3
Public protection and utility racilide
Unit
Warehousing and wholesale
21
Unit
Center for collecting recy table
28
materials
Unit
Dance Halls
29
1/
Unit
Sexually oriented business
32
I
Unit
Outdoormusicestablishments
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
50 ft.
between the right-of-way and the
building
Side
Side, when contiguous to
15 ft.
a residential district
Rear /
20 ft.
poitions ofa
7-,
building.over
66'ft; �o
(F) Building height regulations.
11 Building Height Maximum
`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.
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 isi�a commercial
zone. The intent of this zoning district is to
provide standards that enable velopment
to be approved administratively.
(B) Uses.
(1) Permitted uses
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
Unit 13
Eating laces
Unit 14
Hotel, motel and amusement services
Unit 16
1 ShoppjnI3 0oods
Unit 17
Trans ortation 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
Unit26
Multi -family dwellings
Liquor store
E-14
Unit41
Accessory Dwellings
Note: Any combination of above uses is
permitted upon any lot within this zone.
Conditional uses shall need approval when
combined with pre -approved uses.
(2) Conditional uses
Unit 2
City-wide uses by conditional use
permit
Unit 3
Public protection and utility facilities
Unit 20
Commercial recreation. large sites
Unit 21
Warehousing and wholesale
Unit 28
Center for collecting recyclable
materials
Unit 29
Dance halls
Unit 33
Adult live entertainment club or bar
Unit 35
Outdoor music establishments
Unit 36
1 Wireless communication facilities
Unit 38
1 Mini -storage units
Unit 40
Sidewalk cafes
Unit 42
Clean technologies
Unit 43
1 Animal boarding and training
(C) Density. None
(D) Bulk and area regulations.
(1) Lot width minimum
Sin le anvil dwellin
18 feel
All o er dwellin s
I None
No residential
I None EA
(2) Lot area minimum. None
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:
'te91
Side or rear, when
15feet
-•contiguous to a single-
family residential
dishicC
rin
bdildir overeb
(F) Burf¢rn height regulations.
MightMaximum
plmm 36 feeFor
19brp lfiFe
theewhueight of. the
'fFrsJ
ILKi
'_t—+.,_iC./jth__
Bl
(1)4he•hetght;ofTan adjacentibdilding may
only; tie• utilized lbr tliis calculation' tf-1t is
locatedron the,commonoside-onreanpropeity
ii eS(iing_developed'.
(2)'Individual balconies, -awnings, overhangs
and'other,similar architectural pfojections 6
feet or. less in depth are permitted forward -of
ihebsrilding far ads.
(3)"Building height maybe permitted up to 84
feet, pursuant to §l64.11 Height or Setback
Regulations and Exceptions.
(G)
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\whlch
rict, or regional
shopping centers provide a wide
range of retail and al service uses.
(B) Uses.
(1) Permitted use
Unit 1
Ci -wide uses b i ht
Unit 4
Cultural and recrea'onal facilities
Units
Governmentfacilitie
Unit 13
Eating laces
Unit 14
Hotel, motel, and musement
facilities
Unit 16
Shopping oods
Unit 18
Gasoline service stations & d ve-in
restaurants
Unit 19
Commercial recreation, small sit s
Unit 25
Offices, studios, and rela d
services
Unit 26
Multi-fami!y dwellings
Unit 34
Liquor stores
Unit 44
Cotta a Housing Deve[o men{
(2) Conditional uses.
Unit 2
City-wide uses by conditional us
permit
Unit 3
Public protection and utility feel)' ies
Unit 17
Transportation trades and servi s
Unit 26
Center for collecting recyclable
materials
Unit29
Dance Halls
Unit SS
Outdoor music establishmen
Unit 36
Wireless communications fa lilies
Unit 40
1 Sidewalk Cafes
Unit 42
1 Clean technolo ies
(C) Density. None.
(D) Bulk and area regulations. None
(E) Setback regulations.
Central
Business
Sh pping
District
Ce ter
Front
5 ft.
25 ft.
Front, if parking
is allowed
between the
right-of-way and
the building
50 ft.
50 ft.
Side
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
ublic alley
10 ft,
10 ft.
portions of'a
po(fions of a
building,over
building over
I
60-c1h
!)D_ftiinh@ight
(F) Building height regulations.
5 It 1r9m
fl6�itLt _
f�191�,f8!`
IC
(0) 1 height of an adlacent building may
only be W: for this calculation if it is
located . the common side or rear property
line bell
(2) IndivWuah ;'_9otilesri awnings, overhangs
and other_ . .y archtiecWral projections 6
feet or less in are pemtiteforward of
3) Building heightbe permitted up to 84
faKpursuant to 11 Height or Setback
Regu/atrorrs arrd
161.23 Downtown Core
(A) Purpose. Development is most intense, and
land use is densest in this zone. The
downtown core designed to accommodate
the commercial, ffice, governmental, and
related uses tom rtly Found in the central
downtown area whit provides s wide range
of retail, financial, pr fessional office, and
governmental office is . For the purposes
of Chapter 96: Noise Co ol, the Downtown
Core district is a cc nerci one.
(B) Uses.
(1) Permitted uses
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational faciliftes
Units
Governmentfacilities
Unit 6
Single-family dwellings
Unit 9
Two-family dwellin s
Unit 10
Three-familydwellin s
Unit 13
EaVng places
Unit 14
Hotel motel, and amusement facilities
Unit 16
ShoDoincr aoods
Unit 17
Transportation trades and services
Unit 19
Commercial recreation small sites
Unit24
Home occupations
Unit25
Offices, studios, and related serviceb
Unit25
Mufti-familydwellings
Unit 34
Li uorstores
Note: Any combination of above us s is
permitted upon any lot within this _one.
Conditional uses shall need approval when
combined with pre -approved uses.
(2) Conditional uses.
Unit 2
City-wide uses by condl onal use
permit
Unit 3
Public protection and utiti facilities
Unit 29
Dance Halls
Unit 35
Outdoor music establish ants
Unit 36
Wireless communication facilities
Unit 40
Sidewalk Cafes
Unit42
Clean technologies If
(C) Density. None.
(D) Bulk and area regulations. Not ,
f
(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
waloesIft
Rear
51.
Rear, from center line
of an alley
12 ft.
Aj .Ili
30 t�WMans of
building -over 60 ft. in
(F) Oinimum buildable street frontage. 80% of
width.
Building height regulations.
"5 . a--fromuht
MM-MM MAW
Q75 feat Mom side and
hA IriidYii q
rt�lhr�
tga. ;��M+e
fll_ lriljy
III
fih o an adja_c@nTbuilding may
utilized for this calculation if it is
m the common side or rear property
(2) (tad ` elib�comes, awnings, overhangs
and "IIk111k architectural, projections 6
feet or,t jdepth are permitted forward of
(3) Building htmay be permitted up to
168 feed ; 1]Wi4E to §164.11 Height -or
161.24 Main StreetlCenter (C) Density. None.
(A) Purpose. A greater range of uses is
expected and encouraged in the Main
StreetlCenter. a Center is more spatially
compact and is ore likely to have some
attached building than Downtown General
or Neighborhood vnservation. Multi
-story
buildings in the C for are well -suited to
accommodate a m of uses, such as
apartments or office\i1dings
hops. Lofts,
live/work units, and designed for
changing uses over tpropriate for
the Main StreetlCentnter is within
walking distance surrounding,
primarily residential ahe purposes
of Chapter 96: NoiI, the Main
StreetlCenter district ircial zone.
(B) Uses.
(1) Permitted uses
Unit 1
City-wide uses b.y right
Unit 4
Cultural and recreational facilitie
Unit
Government facilities
Unit
Single-family dwellings
Unit9
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 servic s
Unit 19
Commercial recreation, small sit s
Unit 24
Home occupations
Unit 25
Offices, studios, and related se ices
Unit 26
Multi -family dwellings
Unit 34
Liquor stores
Note: Any combination of above u s 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 Be
permit
Unit 3
Public protection and utility fa ltities
Unit 18
Gasoline service stations and drive-
in/drive throw h restaurants
Unit 28
Center for collecting recyclabi
materials
Unit 29
Dance halls
Unit 35
Outdoor music establisnmenis
Unit 36
Wireless communication faciliti a
Unit 40
Sidewalk Cafes
Unit 42
Clean technologies
(D) Bulk and area regulations.
(1) Lot width minimum.
Dwelling all unit es 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 rope5y line.
Side
Rear
5 ft.
Rear, from center line of
12 ft.
an alley
Alf property Tines
30 fL for portions•of a
building over 60 R. in
heigh1
(F) Minimum buildable street frontage. 75% of
lot width.
(G) Building height regulations.
O�. ;bi fii !�t
MilaYtlh`if� , r
Q 6it f[t) aid
li 36-f et or
teaT�r+aRafty
the height of th¢
a 'acent building,
iyk9v8R� "'" --
9b::
(1) The height 46W if adjacent building may
only be utilized for this calculation if it is
located on the common side or rear property
line being developed;
(2) Individual balconies, awnings, overhangs
and other similar architectural projections 6
feet or less+in depth,arelpermittedeforwatd.of
the building'fagade.
161.25 Downtown General
(A) Purpose. Ogwntown General is a flexible
zone, and it of limited to the concentrated
mix of uses fo d m the Downtown Core or
Main Street / nfer. Downtown General
includes propertie in the neighborhood that
are not caiegorize as identifiable centers,
yet are more in nse in use than
Neighborhood Conse afion. There is a
mixture of single-family omes, rowhouses,
apartments, and liveiwor units. Activities
include a flexible and dyne 'c range of uses,
from public open spaces less intense
residential development and b sinesses. For
the purposes of Chapter 96: ise Control,
the Downtown General dis 'ct 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 dwe€lin s
Unit 13
Eating laces
Unit 15
Neighborhood shopping oods
Unit 24
Home occupations
Unit 22
Offices, studios and related ser es
Unit 26
1 Multi -family dwellings
Note: Any combination of above uses is
permitted upon any lot within this z ne.
Conditional uses shall need approval w en
combined with pre -approved uses.
(2) Conditional uses.
Unit 2
City-wide uses by
conditional use permit
Unit 3
Public protection and utility facilitie
Unit 14
Hotel, motel and amusement servi s
Unit 16
Shopping oods
Unit 17
Transportation trades and service
Unit 19
Commercial recreation, small site
Unit 28
Center for collecting
recyclable matensa s
Unit 36
Wireless communication facilities
Unit 40
Sidewalk Cafes I
(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
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.
rear_propertyline
Is height of an adjacent buTding may
be utilized for this calculation if it is
Rion the common side or rear property
(2) b_alcc nies, awnings, ovefhangs
and.--__ r, 'architectural projections 6
feet or [$se ;depth are permitted forward of
the building � g.
164.11 Height or Setback
Regulations; Exceptions
(A) The height limitations contained in the
Zoning Regulation, Chapter 161, do not
apply to spires, belfries, cupolas, antennas,
water tanks, ventilators, chimneys, stair
towers, elevator shafts or other
appurtenances usually regw gd to be placed
above the roof level and nil( intended for
human occupanc,
(B) in(grior Side Setbacks. In ring
districts that permit two, three or her
multi -family residential uses, s e
setbacks may be varied to per
common walls between single famil
attached / townhouse dwellings, subject
to all applicable building and fire codes
and the following standards:
(3) if the dedeloping property owner owns
the. adjacent- property on the common
side_ah8/or:rear property --line.
(D)-Any.building,over, 3fi feet livNeiglit utilizing
urban itreetscapes;ihiall pro0ide:for a
minimum 16;f6ot•wide sidewalk;adjacent46
all'streibts'orowliigli asidewalk is required to
be replaced or,;Wstructedfdue?to the
aavelopment:proposed:
(E),
(1) The total number of dwelling
WJs- --� '"''""• yww?""`-"�
afi 11 .,r' a�_y,'- �' ' W
units on the lot, prior to being
required to helip�miitiig for loss cif
subdivided into single family
greenipacearid addition of impervious
attached /townhouse lots, shall
surface:
conform to the minimum bulk
and area requirements of the
(2), Any associatedparkinj3jgaregeshall be
underlying zoning district.
sceeenedlfrom, viewzat:the;streetgrade
(2) The townhouse development
witli.'a'l $building:
shall conform to the zoning
district density, exterior setback
.A minimum of 50% of the additional
requirements, height
gross floor area of a building above 60
regulations and all other
in hei ht shall be dedicated to
applicable city ordinances.
use. The residential area;
ceIculated, may be distributed
(3) There shall be a minimum lot
..,e'�throughout the building.
width of 18 feet for each
(4) Prior a building permit, the
dwelling unit.
_'obtaining
`;shall submit an energy model
u'
(4) There shall be no minimum lot
an checklist (or approved
equL (i6Yall buildings in the
area requirement unless
tie ➢1%:. drdicating which credHs
otherwise specified by the
are intended/ ?be pursued to achieve
underlying zoning district.
USGBC LEE ir7j(or approved
(C) Side and rear setback. ZoningAd ;that
equivalent)U_ standards: Proof of
LEEDGold (or approved
require a 5-foot side and/or rea
with
,y'
equivalent) shall to the city
an accompanying building height
-
q
within 180 days of of a
may be permitted to reduce the sid
Certificate ofi ° All pro'lects
rear setback to 0 feet if one or
§hall show effort to
following circumstances exist:
bevelopment Densely, - ,bo_mmunity
(1) if there is no principal;,._..; :;
on the
Connectivitycmdit,-o1r-.
property directly adjacent./ ',i "
the
(5) Any side of a building immedi ety
common side and/or rearFine;
adjoining a principal'structure oft an
(2) if a principal structure that is ed
nt to
adjacent lot, she ll,utlllze materialsticolors
the common side and/or rear.
and other architectural features similar
,r�pe<iy
line is already within 5 feet". aii Sdiil
to the front -facade.
property line; or
156.02 (F) Specific tests
(F) Specific Tests. The Board of Adjustment shall
apply specific tests for the following variance
requests:
(1) Height variai as in ali districts. In
addition to melsting all other normal
requirements fa a variance, an
applicant seekin a height variance
must establish th increased height of
the proposed slruc re will not adversely
affect adjoining or n ' hboring property
owners, nor Impair th beauty of Old
Main, the historical ch ches on Dicks
Street near East Avenu nor othenvis
Impair the historic beauty ndcharact r
of Fayetteville.
(2) �fiiAP�iitafirQ4Qoriandlas', its
aA4,ed uefta/�,
ORDINANCE NO.
AN ORDINANCE TO A 1
161.22, 161.23, 161.24, A
STEPBACKS FOR ADJOIN
FOR SEVERAL DISTRICTS
SETBACK REGULATIONS;
SETBACKS IN CERTAIN
SIDEWALKS FOR BUILDII
PROVIDE A BUILDING
RECEIVING LEED GOLD
REQUIREMENTS, AND TO
REQUIREMENT FOR A HEI
VIEWSHED ANALYSIS OR A
WHEREAS, appropriate
cohesion in mixed -use azeas,
compatibly of new development/
WHEREAS, Fayi
wind should be protected;
§ § 161.1 , l 61.18, 161.19, 161.20, 161.21,
161.25 TO CHANGE SETBACKS AND
PROP TY AND HEIGHT LIMITATIONS
fD T11 AMEND § 164.11 HEIGHT AND
:C <YTIONS TO REDUCE OR ELIMINATE
[CETMSTANCES, TO REQUIRE WIDER
HIGHER THAN 36 FEET AND TO
s HT VARIANCE FOR BUILDINGS
R FICATION AND MEETING OTHER
dE D § 156.02 (F) TO AUTHORIZE A
VA IANCE APPLICANT TO PROVIDE A
N/SH DOW STUDY
sitions in buildihg scale enhance livability and architectural
felping to enrich o r built environment by promoting the
rith historic structures, and
homeowners' rights to equate sunlight and room for air and
WHEREAS, prese • ation of the many homeowner ' single family residences used as
homes in the Downtown Master Plan District and other areas ith inadequate setback protection
from large and tall buildings require that minimum side anrear setbacks and upper story
stepbacks be enacted to ensure adequate sunlight, wind and air for these homes to remain
attractive and healthful places to live; and
WHEREAS, t'esidential homeowners who wish to install solar panels or passive solar
heat collectors, etc. must have enough protected access to sunlight r these ecological and green
technology products to work effectively; and
WHEREAS, trees and other plants within the yards of l)mes also need adequate
sunlight that reasonable setback and stepback regulations can ensure; d
WHEREAS, side and rear setbacks should be able to be eliminated under certain
circumstances; and
WHERE building height limitations currently allowed by the Unified Development
Code should be owered to 60 feet unless a height variance is allowed under certain
circumstances incl ing the attainment of LEED Gold Certification; and
WHEREAS, the Planning Department should be able to require a height variance
requestor to provide a iewshed analysis or sun/shadow study of the proposed project.
NOW, THERE RE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVII. E, ARKANSAS:
Section 1. That the Ci Council of ie City of Fayetteville, Arkansas hereby amends §§
161.16, 161.18, 161.19, 161.20, 161.21, 1 1.22, 161.23, 161.24, and 161.25 and enacts these
amendments as shown on Exhibit attach hereto.
Section 2. That the City Ccu cil ,bf the City of Fayetteville, Arkansas hereby amends §
164.11 Height of Setback Regulatio ; Exceptions by enacting a new (C) Side and Rear
Setback (D) Buildings over Thirty -Six et in Height and (E) Building Height Bonus as shown
below:
"(C) Side and rear setback. PninX districts that require a 5-foot side and/or
rear setback with an comps ying building height stepback may be
permitted to reduce the tide and/ rear setback to 0 feet if one or more of
the following circumstai}ces exist:
(1) if there is no princip 1 structure o the property directly adjacent to the
common side and/or rear property e;
(2) if a principal struct a that is adjacto the common side and/or rear
property line is alreddy within 5 feet 0 �id property line; or
(3) if the developing property owner owns a adjacent property on the
common side and/or rear property line.
(D) Any building over 36 feet in height utilizing\ urban streetscapes shall
provide for a minimum 10-foot wide sidewalk l djacent to all streets on
which a sidewalk is required to be replaced or `constructed due to the
development proposed. \
(E) Building Height Bonus. A building height bonus may be granted, subject
to the following requirement. These standards apply to all buildings
within a development site.
(1) A minimum 12-foot wide sidewalk for projects utilizing urban
streetscapes shall be constructed adjacent to all streets on which a
sidewalk is required to be replaced or constructed. More extensive
tree planting areas may be required to help mitigate for loss of
greenscape and addition of impervious surface.
(2) Any associated parking garage shall be screened from view at the
street grade,with a liner building.
(3) A minimum f 50% of the additional gross floor area of the building
about 60 fee in height shall be dedicated to residential use. The
residential ar , once calculate; may be distributed anywhere
throughout the Nilding.
(4) Prior to obtaining a building etmit, the developer shall submit an
energy model and EED oh oklist (or approved equivalent) for all
buildings in the dove opmeny indicating which credits are intended to
be pursued to achieve USQBC LEED Gold (or approved equivalent)
building standards. P o�,rof LEED Gold certification (or approved
equivalent) shall be sub fitted to the city within 180 days of issuance
of a Certificate of Oce panty. All projects shall show effort to
achieve the DevelopmeAt ensity and Community Connectivity credit,
or equivalent.
(5) Any side of a build' g imme iately adjoining a principal structure on
an adjacent lot sh 1 utilize aterials, colors and other architectural
features similar to he front fad e."
Section 3. That the City C until of the Cit of Fayetteville, Arkansas hereby amends §
156.02 (F) Specific Tests by enacti g a new (2) as sh wn below:
14(2) The Planning D' ision and/or Boar of Adjustment may require an
applicant to pro uce a viewshed anal is and/or a Sun/Shadow Study
using industry cepted methodologies show the impact of a height
variance propo al on neighboring streets and properties, in an effort to
determine if th re is an adverse impact cau d by the proposal."
PASSED and
APPROVED:
By:
LIONELD JORDAN, Mayor
this 15w day of October, 013.
ATTEST:
By:
SONDRA E. SMITH, City Clerk/Treasurer
Departmental Correspondence ffL
Kit Williams
City Attorney
Jason B. Kelley
Assistant City Attorney
TO: Mayor Jordan
City Council
CC: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
Andrew Garner, Senior Planner -Current Planning
FROM: Kit Williams, City Attorney
DATE: August 28, 2013
RE: Preservation of homeowners' rights to sunlight and air
City Council Member Sarah Marsh has asked me to draft an
amendment to § 164.11 Height or Setback Regulations, Exceptions within the
Supplementary Zoning Regulations Chapter of the Unified Development
Code to help preserve and protect historic homes and the historic nature of
the Downtown and Entertainment areas of Fayetteville.
As many remember, the Downtown Master Plan recognized and sought
to protect the livability of the single family homes within the Downtown
Master Plan. The Mayor and City Council have sought to ensure the mixed
use and walkable nature of the Downtown and Entertainment District by
fostering the preservation of the many historic single family homes still used
as residences. Unfortunately, the zero side setback and immediate 84 foot
height of the building's wall which is permitted in Main Street Center
threatens the livability of adjoining single family homes in our downtown
area.
In order that homeowners be ensured sufficient sunlight and air for
their homes to be livable and for homeowners to utilize solar energy, a
minimum side and rear setback from new large and tall multifamily,
commercial and mixed use buildings should be required. Preserving some
sunlight is also necessary to protect existing trees and other plants to preserve
the historic residential landscape within a more urban architectural setting.
I suggest a minimum side and rear setback of 15 feet which is not
dissimilar to setbacks in traditional residential zoning districts and currently
required in the Community Services Zoning District (copy attached). I further
suggest an initial building height limitation of 30 feet at this setback location
which is what is currently required in Residential Multifamily Districts (RMF-
6, RMF-12, RMF-18 and RMF-24) for an additional 15 foot stepback (copy
attached). At thirty (30) feet from the single family residence's property line,
the new multifamily and commercial construction in Main Street Center and
Urban Thoroughfare could jump to 84 feet and in Downtown General and
Community Services could go up to its maximum of 56 feet.
Without such modest setback and stepback requirements, a developer
could build an 84 foot wall for his building on the single family home's
property line. A Downtown and Entertainment District homeowner who
wanted to live in their home could find herself or himself surrounded by 84
foot high walls on both side property lines and on the rear property line. The
home would then be stuck within a 84 foot deep cave without adequate
sunlight for solar energy, trees and plants. Indeed, this walled in and almost
constantly shaded house would be thrust into an unhealthy environment of
mold and mildew.
These modest setbacks and stepbacks would at least provide some
sunlight and air protection for existing homeowners without substantial loss
of density for the developers. When these homes were built and zoned
residential, they had substantial sunlight protection not only from setbacks,
but because an adjoining house could only occupy less than half of the lot's
area. There are no such protections in Main Street/Center, Downtown Core,
or Downtown General. This ordinance would reinstate some sunlight
protection and give the homeowner some protection from the 84 foot deep
cave.
E
Fayetteville Code'of Ordinances
following the sale. Any such signs not so to the regulations of the Unified Development Code. It
removed the following day, gr located in public is also the intent of this section to permit
rights -of -way may be removed by city staff and nonconformities to continue as they exist presently
for any such sign removed a collection fee shall and to guide future uses and development to be
be imposed. consistent with the City's planning policy and
regulations.
(Code 1991, §160.103; Ord. No. 3970, § 3, 5-7-96: Ord. No.
4100, §2 (Ex. A), 6-16-98) (A) Nonconforming structures.
crass-reference(s)--Signs,Ch. 174. (1)
Nonconforming structures are permitted to
164.11 Height or Setback Regulations;
exist for continued and creative reuse to
contribute to the surrounding character,
Exceptions
diversity, and services in the neighborhood
until such structures are removed.
(A) The height limitations contained in the Zoning
Regulation, Chapter 161, do not apply to spires, (2)
Repairs to nonconforming structures or
belfries, cupolas, antennas, water tanks,
portions thereof are permitted, so long as the
ventilators, chimneys, or other appurtenances
nonconforming portion of the structure is not
usually required to be placed above the roof level
enlarged in volume, area or footprint.
and not intended for human occupancy.
' (3)
Reconstruction of nonconforming structures
(B) Side Setbacks. In zoning districts that permit
or portions thereof amounting to less than
two, three or other multi -family residential
50% of the existing square feet are permitted
uses, side setbacks may be varied to permit
so long as the nonconforming portion of the
common walls between single family
structure is not enlarged in volume, area or
attached / townhouse dwellings, subject to
footprint.
all applicable building and fire codes and the
following standards: (4)
Voluntary removal, damage or destruction of
a nonconforming structure or portion thereof
(1) The total number of dwelling units
amounting to 50% or more of the existing
on the lot, prior to being subdivided
square feet shall require either complete
into single family attached /
removal of the structure or its reconstruction
townhouse lots, shall conform to the
in conformance with existing regulations.
minimum bulk and area
requirements of the underlying (5)
Involuntary damage to or destruction of a
zoning district.
nonconforming structure (from fire, winds or
other calamity) shall permit the owner to
(2) The townhouse development shall
rebuild, reconstruct or restore the structure
conform to the zoning district
on the same footprint of the original structure
density, exterior setback
plus any addition or expansion that is
requirements, height regulations
allowed by the underlying zoning district.
and all other applicable city
Such reconstruction is permitted as long as it
ordinances.
begins within 18 months of the loss and
complies with all other applicable zoning,
(3) There shall be a minimum lot width
development and building codes.
of 18 feet for each dwelling unit.
(6) For nonconforming structures located in a
(4) There shall be no minimum lot area zoning district utilizing conventional building
J\ requirement unless otherwise specified by setbacks, building additions/expansions are
the underlying zoning district. permitted so long as the addition is in
compliance with all current setbacks,
(Code 1965, App. A., Art. 8(6); Ord. No 1747, ¢:29-70; Ord, building area and building height
No. 2555, 8-21-79; Code 1991, §160.113; Ord. No 4100, §2 requirements of the underlying zoning
(Ex. A), 6-16-98; Ord. 5225, 3-3-09; Ord. 5327, 6-1-10) district, along with all other applicable zoning
164.12 Nonconforming Structures, Uses and development ordinances.
And Lots (7) For nonconforming structures located in
It is the intent of this section to regulate ' zoning districts utilizing build -to zones and
nonconforming structures, uses or lots that are requirements for a minimum buildable street
created when zoning designations or regulations are frontage, all new construction that increases
created or changed such than an existing lawfully the existing building(s) footprint or volume of
established structure, use, or lot no longer conforms habitable space by 50% or more shall
CD164:10
Manufactured home park
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.
Fratemit 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 resid nt
(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 heighl rsquldlioriq
11 T
i ht Maximum 30145 ft.*lding or a portion of a building that is between 0 and 10 feet from the fronty line or any master street plan right-of-
e shall have a maximum height of 30 feet.gs or portions of the building set backr than 10 feet from the master street planf-way shall have a maximum height of 45
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. 4326. 7-3-01; Ord. 5028, 6-19-07; Ord. 5224, 3-3-
09; Ord. 5262, 8-4-09: Ord. 5312, 4-20-10: Ord, 5462, 12-6-
11; Ord. 5592, 06-18-13)
161.14 District RMF-24, Residential Multi -
Family — Twenty -Four Units Per Acre
(A) Purpose. The RMF-24 Multi -family Residential
District is designed to permit and encourage the
developing of a variety of dwelling types in
suitable environments in a variety of densities.
(B) Uses.
(1) Permitted uses.
Unit 1
City -Wide uses by right
Unit 8
Single-family dwellings
Unit 9
Two4amily dwellings
Unit 10
Three-family dwellings
Unit 26
Multi -family dwellings
(2) Conditional uses.
Unit 2
City-wide uses by conditional use
permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 11
Manufactured home park
Unit 12
Limited business
Unit 25
Professional offices
Unit 24
Home occu ations
Unit 36
Wireless communications facilities
(C) Density.
Units er acre 24 or less
(D) Bulk and area regulations.
(1) Lot width minimum.
Manufactured home park
100 ft.
Lot within a
Manufactured home park
so ft.
Single-family
60 ft.
Two-family
60 ft.
Three or more
90 ft.
Professional offices
100 ft.
(2) Lot area minimum.
Manufactured home Park
1 3 acres
Lot within a mobile home
4,200 sq. ft.
ark
Townhouses:
Development
10,000 sq. ft.
Individual lot
2,500 sq. ft.
Cb161:12
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VilleDepartmental Correspondence
KAI
Kit Williams
CityAltorney
Jason B. Kelley
Assistant City Attorney
TO: Mayor Jordan
City Council
CC: Jeremy Pate, Development Services Director
Andrew Garner, City Planning IDirector
FROM: Kit Williams, City Attorney
DATE: October 11, 2013
RE: Incentive Zoning vs. Light and Air Protection
When our office was presented with the proposed major change to
the U.D.C. Zoning criteria sponsored by City Council Member Sarah Marsh
that would vary setback requirements for LEED certified gold buildings, I
asked Assistant City Attorney Jason Kelley to research the law about the
City's power or lack of power to use this type of "incentive' zoning in
Arkansas. Attached is his two page memo to me (without his attachments).
As you see, this appears to be a legally untested zoning scheme for
Arkansas. The short initial proposed U.D.C. amendment I had drafted for
City Council Member Sarah Marsh was narrowly focused to provide some
preservation of adequate light and air for single family structures being
used as residences. There is strong statutory authority for such regulation
to ensure adequate light and air for homes.
"Purpose of plans.
(a) The plans of the municipality shall be prepared in order
to promote ... (the) general welfare of the citizens.
(b) The plans may provide ... for:
(5) Adequate light and air in the use and
occupancy of buildings...."
A.C.A. § 14-56-403 of Chapter 14, Building and
Zoning Regulations - Planning of the Arkansas
Code (emphasis added).
The Building and Zoning Regulations - Planning chapter makes no
mention of "incentive" zoning. It specifically provides for a setback
ordinance (A.C.A. § 14-56-418 Setback ordinance). For many decades the
Board of Adjustment which is required to be established by A.C.A. § 14-56-
416 Zoning ordinance, has been empowered and decided all zoning
setback variance requests. This appears to be required by that state statute,
and the only appeal from the Board of Adjustment's decision is to Circuit
Court.
The City Council may not overrule the Board of Adjustment's
decision. The City Council may not even be statutorily allowed to erode
the Board of Adjustment's statutory power to grant setback or height
variances by incorporating a "may be permitted" setback or height
variance for certain situations described in the proposed § 164.11 (c). The
ordinance is unclear who "may" permit such variances. I assume it must
be the Board of Adjustments.
Probably the only entity authorized to grant such setback and height
variances is the Board of Adjustments which already has the statutory right
to grant variances to prevent "undue hardship" and "protect adjacent
PA
property." A.C.A. § 14-56-416 (2). However, since having a LEED
Certified Gold building is unrelated to air and light protection of adjoining
structures, I doubt it could condition any height variance by trying to
require LEED Certification.
Another problem with this proposal is that the state enabling statute
requires that "(t)he regulations imposed within each district or zone shall
be uniform throughout the district or zone." A.C.A. § 14-56-416
(a)(3)(E)(ii). This incentive zoning proposal would vary the imposed
regulations within the zoning district if the building was rated high enough
by an outside corporation. I doubt whether our zoning regulations can be
varied by U.S. Green Building Council, Inc. without violating this state
required uniformity rule.
An opponent of this ordinance could also argue allowing an outside
corporation (the U.S. Green Building Council) to determine whether or not
to issue the required LEED Gold Certificate (which is required "within 180
days of issuance a Certificate of Occupancy") is an unconstitutional
delegation of legislative and/or administrative power to an outside
corporation. I also wonder what would the City do if this Green Building
Council refuses to issue a LEED Gold Certificate? Must the builder remove
the top floors of the building? If the City tried to force such action, I would
guarantee a court challenge to this ordinance.
There are certainly ways to improve and clarify the initial
setback/stepback protection for single family homes that I initially and
quickly drafted for City Council Member Sarah Marsh. Community
Services Director Jeremy Pate has great experience and expertise in this
area and his recommendations should carry a lot of weight. However,
before the City Council considers the significant changes to over ten pages
of the Unified Development Code now being proposed, I believe that the
proposals should go to the Planning Commission for its consideration and
suggestions. This is a much more detailed, complex, comprehensive, and
substantial proposal than the single paragraph I drafted initially. I believe
the currently proposed city-wide zoning changes and complex over sixty
foot building height regulations need much more study and Planning
Commission input before they would be ready for your consideration.
3
97 BUILDING AND ZONING REGULATIONS —PLANNING 14-56-416
14-56-416. Zoning ordinance.
(a)(1) Following adoption and filing of the land use plan, the com-
mission may prepare for submission to the legislative body a recom-
mended zoning ordinance for the entire area of the municipality.
(2) The ordinance shall consist of both a map and a text.
(3)(A) The ordinance may regulate the location, height, bulk, number
of stories, and size of buildings; open space; lot coverage; density and
distribution of population; and the uses of land, buildings, and
structures.
(B) The ordinance may require off-street parking and loading.
(C) The ordinance may provide for districts, of compatible uses, for
large scale unified development, for elimination of uses not in
conformance with provisions of the ordinance, and for such other
matters as are necessary to the health, safety, and general welfare of
the municipality.
(D) The ordinance shall include provisions for administration and
enforcement.
(E)(i) The ordinance shall designate districts or zones of such
shape, size, or characteristics as deemed advisable.
(ii) The regulations imposed within each district or zone shall be
uniform throughout the district or zone.
(b)(1) The ordinance shall provide for a board of zoning adjustment,
which may either be composed of at least three (3) members, cr the
". ComM-1 S1v as a whole may sit as the board of zoning adjustment,
(2) The board shall have the following functions:
(A) Hear appeals from the decision of the administrative officers in
respect to the enforcement and application of the ordinance, and may
affirm or reverse, in whole or in part, the decision of the administra-
tive officer;
(B)W(a) Hear requests for variances from the literal provisions of
the zoning ordinance in instances where strict enforcement of the
ordinance would cause undue hardship due to circumstances unique
to the individual property under consideration, and grant such
variances only when it is demonstrated that,puch action will be in
keeping with the spirit and intent of the provisions of the ordinance.
(b) The board shall not permit, as a variance, any use in a zone
that is not permitted under the ordinance.
(c) The board may impose conditions in the granting of a variance
to insure compliance and to protect adjacent property.
.0i) Decisions of the board in respect to the above shall be subject to
appeal only to a court of record having jurisdiction.
(3)(A) The board shall establish regular meeting dates, adopt rules
for the conduct of its business, establish a quorum and procedure, and
keep a public record of all findings and decisions.
(B) Each session of the board shall be a public meeting with public
notice of the meeting and business to be carried on published in a
newspaper of general circulation in the city, a1v least one (1) time
seven (7) days prior to the meeting.
Departmental Correspondence
KANSAS
Kit Williams
City Attorney
To: Kit Williams, City Attorney Jason B. Kelley
From: Jason Kelley, Asst. City Attorney Assistant City Attorney
Re: Incentive Zoning/Incorporating LEED standards into UDC
Date: October 9, 2013
The amendments to be offered to the proposed setback, stepback ordinance
consist, in part, of the incorporation of certain LEED certifications as prerequisites
to increased building height allowances. This is a form of incentive zoning that, to
my knowledge, has not been attempted in the State of Arkansas.
As background, incentive zoning is a method whereby a property developer is
allowed to develop in a way that is not permitted in exchange for certain public
benefits that are otherwise not required. According to a summary from the American
Planning Association, incentive zoning:
allows a city to leverage variations in existing zoning standards and
obtain public goods. For example, a developer may provide schools,
parks, open space, plazas, low-income housing, or money, in exchange
for greater flexibility in required building setbacks, floor heights, lot
area, parking requirements, number of dwellings, and other minimum
standards. The incentives vary by location, but governments usually
calculate the incentives to balance the public advantage with developer's
costs and gains.
American Planning Association, Property Topics and Concepts,
http://www.planning.org/divisions/planningandlaw/propertytopies.htm (last visited
Oct. 9, 2013). It is certainly possible that the provision of energy
efficient/environmentally sustainable development could be one of the "public goods"
envisioned in an incentive zoning program.
The use of incentive zoning is not without controversy. In addition to policy -
related objections, legal writers have raised potential issues, particularly relating to
applying LEED standards as an incentive in an incentive zoning program. One
objection is that LEED standards are privately developed and controlled by the U.S.
Green Building Council (USGBC), a private non-profit corporation. LEED standards
change. These changes are not subject to any voting or public approval process.
Delegating this authority to a private entity could be a violation of the constitution.
One potential remedy for this concern would be to "set" the LEED standard as of the
date of adoption of the local ordinance. This would not permit future changes (as
determined by USGBC) to be included in City requirements without further
adoption/amendment by the City Council.
Concerns also arise related to the Nollan "substantial nexus" analysis. It has
been stated:
There is some logical and legal support for applying Nollan's nexus test
to incentive zoning provisions. The Nollan Court stated that the evident
constitutional propriety of an exaction disappears "if the condition
substituted for the prohibition utterly fails to further the end advanced
as justification for the prohibition. When that nexus is eliminated, the
situation becomes the same as if California law forbade shouting fire in
a crowded theater, but granted dispensations to those willing to
contribute $100 to the State Treasury." Courts have long applied such
a nexus test to the grant of variances and special exceptions. It may
well be that the public amenities or exactions that may be
constitutionally secured through incentive zoning bonuses are no
greater than those that could be involuntarily secured through
mandated development conditions.
3 Arden H. Rathkopf & Daren A. Rathkopf, Rathkopf's The Law of Zoning and
Planning § 52:7.
Here, the proposal is to limit the height and "nearness" of a building to
adjoining residential property. However, if a developer builds to a specified LEED
standard, the building would be allowed to intrude upon the residential neighbor's
space, air and light. It is difficult to argue a nexus between these two competing
interests (the interest in environmental/energy efficient construction and the interest
in preserving space, air and light for residential property owners). Stated another
way, the energy efficiency or environmental sustainability of a building does not
ameliorate the harmful effects the placement of that building near a residence may
cause. Likewise, a larger building built to a LEED standard may use more energy
than a smaller building on the same site, whether or not the smaller building was
built to a LEED standard. More size means more materials are used in construction
and more utilities are used during occupancy. These issues may cause a court to find
an insufficient "nexus" to support the constitutionality of the regulation.
I have attached an assortment of articles and research touching on these
issues. This is a brand new area, and there is simply not that much law on the topic.
Ab
DRAFT v.4
Buildina Height Amendment - General Description
There is no longer a single family use associated with the side or rear setback and building height
amendment proposal, based on the current reasons stated for instituting these regulations, which
are to provide transition in building scale to promote compatibility of new development and
existing structures, to protect rights to sunlight and room for air and wind, to mitigate harmful
effects such as mold and allow for trees and plants to grow, and to allow for solar access for
alternative energy purposes. All of these same concerns, it could be argued, apply to office,
commercial and other uses in addition to single family homes.
Amend Ch. 161, Zoning Regulations
Setback
All of the following zoning districts with 0-foot side and rear setbacks are proposed to be
amended to add a minimum 5-foot side and rear setback. There are a few exceptions to this rule,
chiefly 1) if there is no building developed adjacent to the property being developed; 2) if an
adjacent building is already within 5 feet of the common property line; and 3) if the same property
owner owns the adjacent property on the common boundary line.
C-1 — Neighborhood Commercial
CS - Community Services
C-2 - Thoroughfare Commercial
UT - Urban Thoroughfare
C-3 — Central Commercial
DC — Downtown Core
MSC — Main Street Center
DG — Downtown General
Building Height
At the 5-foot setback from side and rear property lines (or between 0 and 5 feet, if the conditions
allow for it), the maximum height is the height of the structure on the adjacent property or 36 feet,
whichever is greater. This permits standard 12-foot floor to floor height dimensions utilized in
commercial construction. Once the maximum height is achieved, there is a required additional 10-
foot setback, for a total setback of 15 feet. This essentially creates an initial maximum height
between 5-15 feet from the side/rear property line.
Past the 15-foot setback line, a building may go up to 60 feet in height, again based on 12-foot
floor to floor heights that would allow 5 stories. Balconies, awnings, overhangs and other similar
architectural features that protrude from the building fagade are permitted to a depth of 6 feet into
the side and rear setback zones.
The maximum height in all of these above zones is amended to 60 feet, with a caveat. For zones
that reference heights above 60 feet, there are supplementary requirements that must be met. In
each zone that permits this, there is a reference to §164.11 for the supplementary standards.
Amend Ch. 164.11 Height Regulations; Exceptions
This proposal attempts to regulate building height above the maximum 56 feet, requiring certain
additional standards to be met. They include wider sidewalks based on the height of the building,
creation of a 30-foot setback above 60 feet from all property lines, the provision of mixed -use,
requirement to build to LEED Gold, requirement to cover a parking garage with a liner building at
street level, and some architectural embellishment when the side of a building is adjacent to a
residence.
Amend Ch. 156.02 (F) Variances, Specific tests
A statement has been added that the Planning Division or Board of Adjustment may require the
applicant to provide a visual impact analysis and/or a sun/shadow study, as needed, to determine
if there is an adverse impact on neighboring properties, if there is a variance requested.
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-familydwellings
Unit 10
Three-fnmil dwellings
Unit 12
Limited Business
Unit 24
Home occupations
Unit 41
Accessory dwellin units
Note: Any combination of above uses is
permitted upon any lot within this zone.
Conditional uses shall need approval when
combined with pre -approved uses.
(2) Conditional uses
Unit 2
City-wide uses by conditional use
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government Facilities
Unit 13
Eating laces
Unit 15
Neighborhood shopping oods
Unit 19
Commercial recreation, small sites
Unit 25
Offices, studios and related services
Unit 26
Multi -family dwellings
Unit 36
Wireless communication facilities*
Unit 40
Sidewalk cafes
(C) Density.
Units per acre 10 or less 11
(D) Bulk and Area
(1) Lot width minimum
Single-family
35 feet
Two-family
70 feet
Three or more
90 feet
All other uses
None
(2) Lot area minimum.
Single il
4,000 s . ft.
Two-family or more
3,000 sq. ft. of lot area
per dwellinq unit
All other permitted
and conditional
None
uses
(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 15feet
(F) Building height regulations.
Building Hei ht Maximum 45 tt.
'Any building which exceeds the height of 20
feet shall be set back from a boundary line of
any single family 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 the lot.
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
Eatingdaces
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
Shop ing goods
4
15
Outdoor music establishments'
6
L
Wireless communications facilities0
Sidewalk Cafes
2
Clean technolo ies
(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
Alone 5 feet
Side, when contiguous to a
residential district
10 ft.
Rear
20 ft.
(F) Building height regulations
Building Height Mzu 5660ft'
'Any building which exceeds the height
of 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 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.
161.19 Community Services
(A) Purpose. The Community Services
district is designed primarily to provide
convenience goods and personal services for
persons living in the surrounding residential
areas and is intended to provide for adaptable
mixed use centers located along commercial
corridors that connect denser development
nodes. There is a mixture of residential and
commercial uses in a traditional urban form with
buildings addressing the street. For the purposes
of Chapter 96: Noise Control, the Community
Services district is a commercial zone. The intent
of this zoning district is to provide standards that
enable development to be approved
administratively.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three-familjt dwellings
Unit 13
Eating laces
Unit 15
Neighborhood Shopping oods
Unit 18
Gasoline service stations and drive-
in/drive through restaurants
Unit24
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 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
Dwellina 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:
Neese 5 feet
Side or rear, when
15 feet
contiguous to a single-
family residential
district:
(F) Building Height Regulations.
Building Hei ht Maximum 55 60 ft.
A new building or portion of a building that is
located between 5 and 15 feet from the side
and rear property line shall have a maximum
height of 36 feet or the height of the adjacent
building, whichever is greater. This
measurement shall be calculated parallel to
each side and rear property line.
A new building or portion of a building that is
constructed greater than 15 feet from the
side or rear property line shall have a
maximum height of 60 feet. Balconies.
awnings, overhangs and other similar
architectural projections 6 feet or less in
depth are permitted forward of the side and
rear building fagade.
(G) Minimum buildable street frontage. 50% of
the lot width.
161.20 District C-2, Thoroughfare Commercial
(A) Purpose. The Thoroughfare
Commercial District is designed especially to
encourage the functional grouping of these
commercial enterprises catering primarily to
highway travelers.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses 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
Unit34
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
matedals
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
50 ft.
between the right-of-way and the
building
Side
Nene-5 feet
Side, when contiguous to
15 ft.
a residential district
Rear
20 ft.
All property lines
30 ft. for
buildings
over 60 ft. in
height*
(F) Building height regulations.
Buildin Height Maximum 1 60175 ft.-
The maximum building height is 60 feet
Building height may be permitted up to 75 feet,
pursuant to §164.11 Height or Setback
Regulations and Exceptions.
'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.
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
Two-farniv dwellin s
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
Mulli family dwellings
Unit 34
7,5 uorstore
Unit 41
Accessory Dwellings
Note: Any combination of above uses is
permitted upon any lot within this zone.
Conditional uses shall need approval when
combined with pre -approved uses.
(2) Conditional uses
Unit 2
City-wide uses by conditional use
permit
Unit 3
Public protection and utility facilities
Unit 20
Commercial recreation, large sites
Unit 21
Warehousing and wholesale
Unit 28
Center for collecting recyclable
materials
Unit 29
Dance halls
Unit 33
Adult live entertainment club or bar
Unit 35
Outdoor music establishments
Unit 36
Wireless communication facilities
Unit 38
Mini -storage units
Unit 40
I Sidewalk cafes
Unit 42
Clean technolo ies
Unit 43
Animal boardin and trainin
(C) Density. None
(D) Bulk and area regulations.
(1) Lot width minimum
Sin le-famil dwellin 18 feet
All other dwellin s None
Non-residentialI 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 5 feel
Side or mar, when
15 feet
contiguous to a single-
family residential
district:
All property lines
30 ft. for buildings
over 60 ft. in height*
(F) Building height regulations.
11 Building Height Maximum 1 56 60/84 It.` 11
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.
feet fFom the
waver street PIRIR Fight GfWaY shall have a
A new building or portion of a building that is
located between 5 and 15 feet from the side
and rear property line shall have a maximum
height of 36 feet or the height of the adjacent
building, whichever is greater. This
measurement shall be calculated parallel to
each side and rear property line.
A new building or portion of a building that is
constructed greater than 15 feet from the
side or rear property line shall have a
maximum height of 60 feet. Balconies,
awnings, overhangs and other similar
architectural projections 6 feet or less in
depth are permitted forward of the side and
rear building fagade.
The maximum building height is 60 feel.
Building height may be permitted up to 84 Feet,
pursuant to §164.11 Height or Setback
Regulations and Exreption&
Any building that e;(Ge ds the height/of
feet shall be seit.ba I Rdary-6tle
..
(G)' Minimum buildable stleet frontage 501A of
the lot width.
161.22 District C-3, Central Commercial
(A) Purpose. The Central Commercial District is
designed to accommodate the commercial
and related uses commonly found in the
central business district, or regional
shopping centers which provide a wide
range of retail and personal service uses.
(B) Uses.
(1) Permitted uses.
Unit 1
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
Shoppin goods
Unit 18
Gasoline service stations & drive-in
restaurants
Unit 19
Commercial recreation, small sites
Unit 25
Offices, studios, and related
services
Unit 26
Multl-familydwellings
Unit 34
Liquor stores
Unit 44
Cottage Housing Develo men[
(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
(E) Setback regulations.
Central
Business
District
Shopping
Center
Front
5 ft.
25 ft.
Front, if
parking is
allowed
between the
right-of-way
and the
50 ft.
50 ft.
buildings
None 5 feet
Side
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.
All property
30 ft. for
30 ft. for
lines
buildings over
buildings over
60 ft. in
60 ft. in
hei hC
hei hY
(F) Building height regulations.
Building Height Maximum 56 60184 V
"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 60 feet.
A new building or portion of a building that is
located between 5 and 15 feet from the side
and rear property line shall have a maximum
height of 36 feet or the height of the adjacent
building, whichever is greater. This
measurement shall be calculated parallel to
each side and rear property line.
A new building or portion of a building that is
constructed greater than 15 feet from the
side or rear property line shall have a
maximum height of 60 feet. Balconies,
awnings, overhangs and other similar
architectural projections 6 feet or less in
depth are permitted forward of the side and
rear building fagade.
The maximum building height is 60 feet.
Building height may be permitted up to 84
feet, pursuant to §164.11 Height or Setback
Regulations and Exceptions.
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-familydwellings
Unit 10
Three-famil dwellings
Unit 13
Eatin laces
Unit 14
Hotel, motel, and amusement facilities
Unit 16
Shoppinq goods
Unit 17
Trans ortation trades and services
Unit 19
Commercial recreation, small sites
Unit 24
Home occupations
Unit 25
Offices, studios, and related services
Unit 26
Multi -family dwellings
Unit 34
Liquor stores
Note: Any combination of above uses is
permitted upon any lot within this zone.
Conditional uses shall need approval when
combined with pre -approved uses.
(2) Conditional uses.
Unit 2
City-wide uses by conditional use
permit
Unit 3
Public protection and utility facilities
Unit 29
Dance Halls
Unit 35
Outdoor music establishments
Unit 36
Wireless communication facilities
Unit 40
Sidewalk Cafes
Unit 42
Clean technologies
(C) Density. None.
(D) Bulk and area regulations. None.
(E) Setback regulations.
Front A build -to zone that is
located between the
front property line and a
line 25 ft. from the front
Eroe= line.
Side
Nacre 5 feet
Rear
5 ft.
Rear, from center line
of an alley
12 ft.
All property lines
30 ft. for buildings over
60 ft. in height*
(F) Minimum buildable street frontage. 80% of
lot width.
(G) Building height regulations.
Building Height Maximum 56-60J 168 k."
"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% 60 feet.
A new building or portion of a building that is
located between 5 and 15 feet from the side
and rear property line shall have a maximum
height of 36 feet or the height of the adjacent
building, whichever is greater. This
measurement shall be calculated parallel to
each side and rear property line.
A new building or portion of a building that is
constructed greater than 15 feet from the
side or rear property line shall have a
maximum height of 60 feet. Balconies,
awnings, overhangs and other similar
architectural projections 6 feet or less in
depth are permitted forward of the side and
rear building fagade.
The maximum building height is 60 feet.
Building height may be permitted up to 168
feet, pursuant to §164.11 Height or Setback
Regulations and Exceptions.
161.24 Main Street/Center (C) Density. None.
(A) Purpose. A greater range of uses is
expected and encouraged in the Main
StreeUCenter. 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
ShoDi)lna coods
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
Unit29
1 Dance halls
Unit 35
Outdoor music establishments
Unit 36
Wireless communication facilities
Unit 40
Sidewalk Cafes
Unit 42
Clean technologies
(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
Nana 5 feet
Rear
5 ft.
Rear, from center line of
12 ft.
an alley
All property lines
30 ft. for buildings
over 60 ft. in hei ht*
(F) Minimum buildable street frontage. 75% of
lot width.
(G) Building height regulations.
Buildin Het ht Maximum 15660/84 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 60 feet.
shall have a max mi im height of 94 feet
A new building or portion of a building that is
located between 5 and 15 feet from the side
and rear property line shall have a maximum
height of 36 feet or the height of the adjacent
building, whichever is greater. This
measurement shall be calculated parallel to
each side and rear property line.
A new building or portion of a building that is
constructed greater than 15 feet from the
side or rear property line shall have a
maximum height of 60 feet. Balconies,
awnings, overhangs and other similar
architectural projections 6 feet or less in
depth are permitted forward of the side and
rear building facade.
The maximum building height is 60 feet.
Building height may be permitted up to 84
feet, pursuant to §164.1'1 Height or Setback
Regulations and Exceptions.
161.25 Downtown General
(A) Purpose. Downtown General is a flexible
zone, and it is not limited to the concentrated
mix of uses found in the Downtown Core or
Main Street / Center. Downtown General
includes properties in the neighborhood that
are not categorized as identifiable centers,
yet are more intense in use than
Neighborhood Conservation. There is a
mixture of single-family homes, rowhouses,
apartments, and live/work units. Activities
include a flexible and dynamic range of uses,
from public open spaces to less intense
residential development and businesses. For
the purposes of Chapter 96: Noise Control,
the Downtown General district is a
residential zone.
(B) Uses.
(1) Permitted uses
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
Unit 13
Eating laces
Unit 15
Neighborhood shoppinq qoOds
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.
Front
A build -to zone that is
located between the
front property line and a
line 25 ft. from the front
property line.
Side
Neae 5 feet
Rear
5 ft.
Rear, from center line
12 ft.
of an alle
(F) Minimum buildable street frontage. 50% of
lot width.
(G) Building height regulations.
Building Height Maximu`m7 56 60 ft
A new building or portion of a building that is
located between 5 and 15 feet from the side
and rear property line shall have a maximum
height of 36 feet or the height of the adjacent
building, whichever is greater. This
measurement shall be calculated parallel to
each side and rear property line.
A new building or portion of a building that is
constructed greater than 15 feet from the
side or rear property line shall have a
maximum height of 60 feet. Balconies,
awnings, overhangs and other similar
architectural projections 6 feet or less in
depth are permitted forward of the side and
rear building fagade.
164.11 Height or Setback
(3) if the developing property owner owns
Regulations; Exceptions
the adjacent property on the common
side and/or rear property line.
(A) The height limitations contained in the
(D) Any building over 36 feel in height utilizing
Zoning Regulation, Chapter 161, do not
stree shall provide for a
urban s
apply to spires, belfries, cupolas, antennas,
foot wide sidewalk adjacent to
minimum 10-foot
water tanks, ventilators, chimneys, stair
all streets on which a sidewalk is required to
towers, elevator shafts or other
o due to the
be replaced or constructed
appurtenances usually required to be placed
development proposed.
above the roof level and not intended for
human occupancy.
(E) The maximum building height For new
(B) Side Setbacks. In zoning districts that
construction in all zones in the city is 60 feet
For zones that refer to a higher building
permit two, three or other multi -family
height potential than 60 feet, the following
residential uses, side setbacks may be
supplemental standards must be met for any
varied to permit common walls between
building between 60 feet and the maximum
single family attached / townhouse
height of the underlying zoning district to be
dwellings, subject to all applicable
considered for approval:
building and fire codes and the following
standards:
(1) A minimum 12-foot wide sidewalk for
(1) The total number of dwelling
projects utilizing urban streetscapes
shall be constructed adjacent to all
units on the lot, prior to being
streets on which a sidewalk is required
subdivided into single family
to be replaced or constructed,
attached / townhouse lots, shall
conform to the minimum bulk
(2) Any associated parking garage shall be
and area requirements of the
screened from view at the street grade
underlying zoning district.
with a liner building.
(2) The townhouse development
(3) A mixture of commercial and residential
shall conform to the zoning
uses shall be incorporated into any
district density, exterior setback
building that is permitted to be over 56
requirements, height
feet in height.
regulations and all other
applicable city ordinances.
(4) Developers of buildings over 56 feet in
(3) There shall be a minimum lot
height shall submit performance models
width of 18 feet for each
and other applicable information, prior to
dwelling unit.
obtaining a building permit, to indicate
compliance with achieving USGBC
(4) There shall be no minimum lot
LEED Gold or equivalent building
standards. All projects shall show effort
area requirement unless
to achieve the Development Density and
otherwise specified by the
Community Connectivity credit. or
underlying zoning district.
equivalent.
(C) Side and rear setback. All developments
(5) Any side of a building immediately
within zoning districts that require a 5-foot
adjoining a principal structure on an
side and rear setback and an accompanying
adjacent lot shall utilize materials, colors
building height stepback may be permitted to
and other architectural Features to
reduce the side and/or rear setback to 0 feet
provide relief, scale, and transition to
in the following instances:
the wall, similar to the front fagade.
(1) if there is no principal structure on the
property directly adjacent to the
common side and/or rear property line;
(2) if a principal structure that is adjacent to
the common side and/or rear property
line is already within 5 feet of said
property line: or
156.02 (F) Specific tests
(F) Specific Tests. The Board of Adjustment shall
apply specific tests for the following variance
requests:
(1) Height variances in all districts. In
addition to meeting all other normal
requirements for a variance, an
applicant seeking a height variance
must establish the increased height of
the proposed structure will not adversely
affect adjoining or neighboring property
owners, nor impair the beauty of Old
Main, the historical churches on Dickson
Street near East Avenue, nor otherwise
impair the historic beauty and character
of Fayetteville.
(2) The Planning Division and/or Board of
Adjustment may require an applicant to
acceptedmethodologies roshow the
Import of a height variance proposal on
neighboring streets and properties, in.ar
effort to determine if there is an adverse
impact caused by the proposal.
ORDINANCE NO.
AN O 1NANCE TO AMEND § 164.11 EIGHT AND SETBACK
REGUL IONS; EXCEPTIONS TO ENHA CE LIVABILITY THROUGH
APPROP r1TE TRANSITIONS IN BUILDI G SCALE AND TO PROTECT
ACCESS T AIR AND SUNLIGHT AN TO ENACT AN EMERGENCY
CLAUSE
WHEREAS, appro iate transitions i uilding scale enhance livability and architectural
cohesion in mixed -use are helping to enrich our built environment by promoting the
compatibly of new developme t with histo c structures; and
WHEREAS, Fayettev
wind should be protected; and
rights to adequate sunlight and room for air and
WHEREAS, preservation/61"the many homeowners' single family residences used as
homes in the Downtown Master?tan D trict and other areas with inadequate setback protection
from large and tall buildings require t t minimum side and rear setbacks and upper story
stepbaeks be enacted to ens !re adequate unlight, wind and air for these homes to remain
attractive and healthful plac to live. and
WHEREAS, resi ential homeowners w wish to install solar panels or passive solar
heat collectors, etc. mu have enough protected ac ss to sunlight for these ecological and green
technology products to, work effectively; and
WHEREAS, trees and other plants within the ards of homes also need adequate
sunlight that reasgnable setback and stepback regulations c nsure.
NOW,/THEREFORE, BE IT ORDAINED BY TH�ITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Se ion 1. That the City Council of the City of Fayetteville, Arkansas hereby amends §
164.11 Iyeight of Setback Regulations; Exceptions by amending its title to be: "Height of
Setback'Regulations; Exceptions and Home Protection Requirements" and by enacting a
new (C) Home Protection Requirements as shown below:
Page 2
Ordinance No.
"(C) Home Protection Requirements.
egardless of any other setback or build -to zone regulations, new
multif, n commercial, or mixed use construction which ad ins or abuts a
single fam home being used as a residence must at a mini
be set back from
the side or ar adjoining property line at least fifte/residence's
t. The maximum
height of the ew building from the fifteen foot setbe thirty (30) feet
for an addition fifteen (15) foot stepback from tproperty line.
These setback au stepback requirements are minimuif larger setbacks
or stepbacks are re uired by other zoning laws, the ack/stepbacks are
controlling."
Section 2. Emergency Clause. That the
Arkansas hereby determines that reservation of acc
for air and wind are vital necessi'es for houses i
multifamily, commercial, or mixed se developm
with zero setbacks next to existing ho es threatei
citizens such that it is necessary for the ublic ac
become effective without delay.
PASSED and APPROVED this
APPROVED:
By:
LIONELD JORDAN,
ATTEST:
By:
City Council of the City of Fayetteville,
es and right to sunlight and adequate room
s d for residential purposes and that large
t projects planned or proposed to be built
the peace, health and safety of Fayetteville
health and safety that this ordinance shall
September, 2013.
SONDRA E.
City Clerk/Treasurer
Smith, Sondra
From:
Dan Coody <dcoody@swbell.net>
Sent:
Monday, October 28, 2013 3:00 PM
To:
Smith, Sondra
Subject:
Re: Proposed setback changes
Thanks, Sondra. -- Dan
Sent from my iPhone
On Oct 28, 2013, at 2:58 PM, "Smith, Sondra" <ssmith@fayetteville-ar.gov> wrote:
> ----- Original Message-----
• From: Deborah coody [mailto:dcoody@swbell.net]
> Sent: Monday, October 28, 2013 10:17 AM
> To: Charles Coody; Smith, Sondra
> Subject: Proposed setback changes
»» Being a strong proponent of both alternative energy and urban planning, I am asking you to consider a
few points concerning the proposed 5' setback requirement. We all know this ordinance was generated to
stop the multistory development on Block Ave, but this ordinance really hurts the little guy. Small
entrepreneurs strengthen the fabric of our community and this impacts them all. It also damages the future
town form.
»» 1. The Dover/Kohl downtown and city-wide master plan cost us all a ton of money, took the input of over
1,000 citizens, and required a couple of years to implement. This ordinance is in direct conflict with the plan's
principals. Public input and investment should not be dismissed easily, and negative consequences should not
be accepted without serious consideration.
»» 2. When residential property and commercial property abut, perhaps a solar and air access ordinance
should be considered (there are many studies [easy Google search] that examine impacts of solar access
ordinances). But when commercial properties with long-established zero lot line regulations abut, this
ordinance has far-reaching consequences.
»» For example, Fayetteville's plan calls for more urban density in downtown and along College Ave. making
walkability, public transportation, bike friendliness, and infrastructure costs improve. It reduces travel time
and the burning of fossil fuels, and makes small commercial ventures more viable. Reducing the available
commercial land for small residential projects and businesses downtown promotes sprawl.
»» Do not think that a mere 5' setback is insignificant. On a common downtown commercial 50'x120' lot the
new requirement reduces the habitable area by over 23%. Now multiply that times the number of small
commercial properties throughout town and consider the acreage that cannot fulfill the City Master Plan while
reducing the viability of small, innovative projects.
»» 3. This ordinance does very little for solar access. One could build the Taipei Tower and, unless the
earth's axis changes, it will never produce one molecule of shade on its southern neighbor. On the northern
side it is unlikely that the 5' setback would make a system more feasible than with the existing zero lot line
code. At the same time this ordinance does nothing to protect from future development those who DO install
solar systems.
»» 4. The idea that trees would do well and not do damage to walls and foundations in a narrow, shaded
strip between buildings is unrealistic. I'm not sure what activities may occur in these 5' spaces, but growing
trees will not be one of them.
»» 5. The ordinance is ambiguous. After asking three City people, "does 'adjacent' mean that two buildings
line up with each other? How far apart must they be before they are no longer considered 'adjacent'? Can a
person build a small apartment or business close to the lot line if it is 'adjacent' to the back parking lot of other
buildings?", no one had clear answers.
»» 6. If this ordinance were in place at the time, would it be possible to build the iconic streets of
Fayetteville such as Dickson, Block, Center, the Square, etc.?
>>> 7. If light and solar power are truly the driving force, it would be much better, and easier, to change our
codes to require solar orientation for residential subdivisions and commercial development. If energy
efficiency and quality of life are the goals, it would be better to adopt the 2012 Energy Code for all new
construction. Until then, let's address specific problems with appropriate, limited solutions and keep the
Fayetteville Master Plan intact.
>>> Thank you for your consideration.
>>> Dan Coody
»» Sent from my Wad
Smith, Sondra
From: Deborah coody <dcoody@swbell.net>
Sent: Monday, October 28, 2013 11:41 AM
To: Charles Coody; Smith, Sondra
Cc: Williams, Kit; sclark@fayettevillear.com
Subject: Proposed solution
Sondra, could you please forward this note to the admin, council and planning commission? --Thanks.
> The problem:
> Someone has an existing structure that warrants protection from neighboring new development. The new
development, and everyone else in town, has to modify plans and lose ability to use some of their (expensive)
property to resolve issues pertaining to that single structure.
> At some point, after the neighboring new development gets built, the owner of the original, existing
property that was the catalyst for these new rules changes their mind, sells, moves, etc. That land, sooner or
later, eventually and inevitably, will change hands. The new owner then razes the original structure to
redevelop the land to match the new development next door, making all the previous gyrations, and the
damage to the City's master plan, and preservation efforts for that special property for nothing.
> Possible solution:
> The owner of the original property that warrants protection does not need to impact all other commercial
properties in town. There could be a new zoning class, say a Fayetteville Heritage zoning, that will preserve
that property in perpetuity by deed restriction, just as deed restrictions are required for accessory dwelling
units.
> The surrounding property owners would know what the rules are before they begin plans for redevelopment
next to a Heritage zoning, and the original property that warranted that protection stays protected in
perpetuity.
The financial impact is limited to the immediate situation, the Master Plan stays intact, other commercial
properties are still able to fulfill their potential, and a historic structure can be preserved.
I hope something like this propsal can be considered. Thank you.
Dan Coady
> Sent from my iPad
Branson, Lisa
From:
Art Hobson <ahobson@uark.edu>
Sent:
Saturday, November 02, 2013 3:06 PM
To:
Rhonda Adams; Adella Gray, Mark Kinion; City_Clerk; citycouncil@mathewpetty.org;
City_Clerk; City_Clerk; Justin Tennant; Mayor
Cc:
Marie Riley
Subject:
Sarah Marsh's proposals
Dear Mayor Jordan and City Councilors:
I've supported Sarah Marsh's ideas in the past, but I must oppose her recent suggestions, especially the proposed
setback requirements. I participated in the lengthy, well -attended, and open public discussions of Fayetteville
planning issues that led to the 2004 Downtown Master Plan and the 2006 City Plan 2025. A similar process in
2011 led to the City Plan 2030. All three of these plans are well thought out, and consistent with each other. A
major emphasis of all of them is to reduce sprawl by increasing density. Setback requirements are inconsistent
with reducing sprawl, as are building height limitations that are set too low. There's no need for setback
requirements of any kind, and in fact downtown buildings should be required to come right up to the
sidewalks.
I do agree with an overall height limit. But three stories is too low. Five stories or so would achieve the
densities we need to support a healthy city that encourages walking, bicycling, and public transit. I see no
reason to "step back" the upper sections of taller (i.e. five story) buildings.
We should stick with the good plans laid in 2004, 2006, and 2011. Any changes should support the principles
of those plans, rather than backing away from them.
Sincerely,
Art Hobson
Emeritus Professor of Physics, U Arkansas, Fayetteville.
See my liberal -arts physics textbook and other stuff at hfp://physics.uark.edu/hobson/.
re: Proposed Building Heights & Set Back Regulations
Dear Members of the Fayetteville City Council;
I have been both a proud participant in the growth and development of downtown
Fayetteville as well as a consumer of its many offerings for over 30 years. My commitment to
maintaining the fabric of Fayetteville has been demonstrated by virtue of my being an investor
and developer in almost two dozen downtown historical renovations (which include the
Fayetteville Train Depot, The Three Sisters, The Bakery Building and the Ozark Theater
Building), and by acting as a current commissioner of the Dickson Street Improvement District
and past officer and board member of the Downtown Dickson Enhancement Project (DDEP).
I wish to voice my objection to the proposed ordinance changes with respect to building
heights and setbacks championed by Alderman Marsh. My objections couldn't have been more
aptly put than those offered by the editorial staff of the Northwest Arkansas Times on Friday
November 1, 2013. Investment in our community often involves tremendous resources in time
and capital. Investors like to know what the rules are before making such a commitment. And
predictability is imperative.
When a governing body, in response to the concerns of a few, arbitrarily changes the rules in
contravention to established entitlements and an adopted master plan it scares the investment
community and sends the wrong signal. To try and put it simply, imagine that you are fortunate
enough to plan to build your own home but need to save some money first. Yet you've found the
perfect lot. You buy it (investing a sizeable amount of your savings) and begin planning your
dream home. Then the regulating authority passes a new ordinance which states that, due to the
nature of surrounding development, the land you bought can only be used for agricultural
purposes. Now all you can do with your huge investment is grow tomatoes. Would you have paid
the same for the lot if you thought this would happen before hand? Such is the case for many
who have made a commitment to invest downtown and still are working to build that dream.
Respectfully Submitted,
Greg House
Departmental Correspondence
Kit Williams
City Attorney
Jason B. Kelley
Assistant City Attorney
TO: Mayor Jordan
City Council
CC: Jeremy Pate, Development Services Director
FROM: Kit Williams, City Attorne—
DATE: December 3, 2013
RE: Home Protection Ordinance
I have slightly modified what I have proposed to be the Home
Protection Ordinance which was presented to the City Council a couple of
weeks ago. I have expanded the type of new construction that would be
subject to the setback and stepback protection for single family residences
from "multifamily, commercial or mixed use construction' to "multifamily,
commercial, office, parking deck or mixed use construction."
Although we haven't seen tall office buildings being constructed in the
Downtown area for a while, there may be a need for such construction in the
future. This type of construction should be controlled as much as new
commercial or multifamily buildings to protect single family residences in
Downtown General and Main Street Center districts.
I believe parking decks would likely be considered a part of
multifamily, commercial or office building construction. However, I wanted
to be sure that no builder could claim that a parking deck would not be
covered by the setback and stepback protection provisions so I specifically
included parking deck construction (when adjoining a single family
residences lot).
I want to remind everyone that this proposal would only be applicable
in the Main Street Center and Downtown General zoning districts which are
located primarily in the Downtown and Walker Park neighborhoods. This
setback protection is only provided to a single family home being used
primarily as a single family residence. Houses converted primarily to office
or commercial use would not be protected by this setback provision. The 15
foot setback provision would only be applicable from the single family
home's adjoining property line for a to -be -constructed, tall parking deck or an
apartment, commercial or office building. Single family homes and any
construction not exceeding twenty four feet tall would not be effected by this
ordinance.
The protection remains as a fifteen (15) foot setback from the residential
lot line before a thirty six (36) foot wall can be built. If a developer wants to
build to the maximum allowed height in Downtown General (56 feet) or Main
Street Center (84 feet), a further fifteen (15) stepback from the single family
resident's property line would be required.
is
ORDINANCE NO.
AN ORDINANCE TO AMEND § 164.11 HEIGHT AND SETBACK
REGULATIONS; EXCEPTIONS TO PROVIDE HOMEOWNERS
PROTECTION OF THEIR RIGHT TO SUNLIGHT AND AIR
WHEREAS, Fayetteville homeowners' rights to adequate sunlight and room for air and
wind should be protected; and
WHEREAS, preservation of the many homeowners' single family residences used as
homes in the Downtown Master Plan District have inadequate setback protection from large and
tall buildings require that minimum side and rear setbacks and upper story stepbacks be enacted
to ensure adequate sunlight, wind and air for these homes to remain attractive and healthful
places to live; and
WHEREAS, residential homeowners who wish to install solar panels or passive solar
heat collectors, etc. must have enough protected access to sunlight for these ecological and green
technology products to work effectively; and
WHEREAS, trees and other plants within the yards of homes also need adequate
sunlight that reasonable setback and stepback regulations can ensure.
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 §
164.11 Height of Setback Regulations; Exceptions by amending its title to be: "Height of
Setback Regulations; Exceptions and Home Protection Requirements" and by enacting a
new (C) Home Protection Requirements as shown below:
Page 2
Ordinance No.
"(C) Home Protection Requirements.
Regardless of any other setback or build -to zone regulations, new
multifamily, commercial, office, parking deck, or mixed use construction
exceeding twenty-four (24) feet in height which adjoins or abuts a single family
home being used primarily as a single family residence within the Downtown
General or Main Street Center Zoning Districts must at a minimum be set back
from the side or rear adjoining property line at least fifteen (15) feet. The
maximum height of the new building from the fifteen foot setback shall be thirty-
six (36) feet for an additional fifteen (15) foot stepback from the residence's
property line. These setback and stepback requirements are minimums so that, if
larger setbacks or stepbacks are required by other zoning laws, the larger
setback/stepbacks are controlling."
PASSED and APPROVED this 3rd day of December, 2013
APPROVED: ATTEST:
0
M
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
NORTHWEST ARKANSAS DEMOCRAT -GAZETTE
NORTHWEST ARKANSAS
THE MORNINGNEWSALE
PSPRINGDERS
N�:WSPAPERSLLC
NEWS
THNORTH EST ARK OF ARKANSAS
NORTHWEST ARKANSAS TIMES
BENTON COUNTY DAILY RECORD
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City of Fayetteville -
Ordinance 5636
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