HomeMy WebLinkAboutOrdinance 5735ORDINANCE NO. 5735
AN ORDINANCE AMENDING TITLE XV: UNIFIED
DEVELOPMENT CODE OF THE CITY OF FAYETTEVILLE, TO
AMEND CHAPTERS 151, 161, 162 AND 166 TO CREATE A NEW
USE UNIT FOR SMALL SCALE PRODUCTION INCLUDING
BOTIQUE AND SPECIALTY MANUFACTURING AND TO
PLACE THIS NEW USE UNIT IN APPROPRIATE ZONING
DESIGNATIONS.
WHEREAS, City of Fayetteville Planning Staff has identified a need for a new use unit
to allow for small scale specialty manufacturing; and
WHEREAS, recent trends in the manufacturing of handmade and craft products are
directed towards smaller scale and locally produced products; and
WHEREAS, the current zoning and development code does not currently specifically
address these types of small scale operations; and
WHEREAS, Planning Staff has determined that these types of uses, if scaled
appropriately, are compatible with neighborhood land uses.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of Fayetteville, Arkansas hereby adds the following
definitions to Chapter 151: Definitions:
Coffee roasting facility. A facility in which unprocessed green coffee may be sorted,
roasted and processed or packaged for use and consumption.
Microbrewery/microdistillery/microwinery. An establishment for the manufacture,
blending, fermentation, processing and packaging of no more than 15,000 barrels of alcoholic
beverages per year. It may serve alcoholic beverages for sampling on the premises and may also
have wholesale and resale for sales of alcoholic beverages produced on the premises.
Section 2: That the City Council of Fayetteville, Arkansas hereby amends Chapter 161:
Zoning Regulations by inserting Use Unit 45, Small Scale Production as a Conditional Use in the
following Zoning Districts:
161.16 NS, Neighborhood Services
161.17 R -O, Residential Office
Page 2
Ordinance No. 5735
Section 3: That the City Council of Fayetteville, Arkansas hereby amends Chapter 161:
Zoning Regulations by inserting Use Unit 45, Small Scale Production as a Permitted Use in the
following Zoning Districts:
161.18 C-1, Neighborhood Commercial
161.19 CS, Community Services
161.20 C-2, Thoroughfare Commercial
161.21 UT, Urban Thoroughfare
161.22 C-3, Central Commercial
161.23 DC, Downtown Core
161.24 MSC, Main Street Center
161.25 DG, Downtown General
Section 4: That the City Council of Fayetteville, Arkansas hereby amends Chapter 162:
Use Units by inserting Use Unit 45, Small Scale Production as shown on Exhibit "A" attached
hereto and made a part hereof.
Section 5: That the City Council of Fayetteville, Arkansas hereby amends Chapter 166:
Development by repealing the first paragraph of § I66.25(B) and replacing it with the following
language:
§166.25(B) Applicability. These design and development standards apply to commercial
developments, office developments, Small Scale Production, those parts of a Planned
Zoning District or other mixed use developments with commercial and office elements
and to industrial developments within the I-540 Overlay District.
PASSED and APPROVED this 20ih day of January, 2015.
W10:6D
ATTEST:
By: 4 & 4
SONDRA E. SMITH, City Clerk/Treasure'k,,aiirji!'
`.`��•G\iYp�'o
o ; FAYETTEVILLE c=
GINcj
I
ADM 14-4896
EXHIBIT "A"
§162.01 (SS) Unit 45. Small scale production
(1) Description. Unit 45 is provided in order that increased variety and flexibility of
non-residential goods, services, and employment centers may be provided in close
proximity to residences and commercial uses. These uses may have adverse
impacts because of high traffic, delivery vehicles, noise, or odors and may pose
compatibility issues if they are not limited in size.
(2) Included uses.
Unit 42. Clean
technologies
All uses within Unit 42 are permitted with
a maximum gross floor area of 5,000
square feet
Microbrewery;
Maximum gross floor area of 10,000
microwinery;
square feet for the manufacturing portion
microdistillery
of the facility and production of less than
15,000 barrels er year
Boutique/specialty
-Specialty food manufacturers with or
manufacturing
without a retail store front
(maximum gross
-Coffee roasting facility
floor area of 5,000
-Other specialty manufacturers that have
square feet)
minimal impacts to adjoining properties
compared with what is typically generated
by similar uses within the designated
zoning district, as determined by the
Zoning and Development Administrator
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
479-575-8323
Text File
File Number: 2014-0576
Agenda Date: 1/20/2015 Version: 1 Status: Passed
In Control: City Council File Type: Ordinance
Agenda Number: B. 2
AMEND CHAPTERS 151, 161,162 and 166 (ADM 14-4896 UDC AMENDMENT
SMALL-SCALE PRODUCTION):
AN ORDINANCE AMENDING TITLE IV: UNIFIED DEVELOPMENT CODE OF THE CITY OF
FAYETTEVILLE, TO AMEND CHAPTERS 151, 161, 162 AND 166 TO CREATE A NEW USE
UNIT FOR SMALL SCALE PRODUCTION INCLUDING BOUTIQUE AND SPECIALTY
MANUFACTURING AND TO PLACE THIS NEW USE UNIT IN APPROPRIATE ZONING
DESIGNATIONS
WHEREAS, City of Fayetteville Planning Staff has identified a need for a new use unit to allow for
small scale specialty manufacturing; and
WHEREAS, recent trends in the manufacturing of handmade and craft products are directed towards
smaller scale and locally produced products; and
WHEREAS, the current zoning and development code does not currently specifically address these
types of small scale operations; and
WHEREAS, Planning Staff has determined that these types of uses, if scaled appropriately, are
compatible with neighborhood land uses.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS:
Section 1: That the City Council of Fayetteville, Arkansas hereby adds the following definitions to
Chapter 151: Definitions:
Coffee roasting facility. A facility in which unprocessed green coffee may be sorted, roasted and
processed or packaged for use and consumption.
Microbrewery/microdistillery/microwinery. An establishment for the manufacture, blending,
fermentation, processing and packaging of no more than 15,000 barrels of alcoholic beverages per year.
It may serve alcoholic beverages for sampling on the premises and may also have wholesale and resale
for sales of alcoholic beverages produced on the premises.
Section 2: That the City Council of Fayetteville, Arkansas hereby amends Chapter 161: Zoning
Regulations by inserting Use Unit 45, Small Scale Production as a Conditional Use in the following
City of Fayetteville, Arkansas Page 1 Printed on 1!21/2015
Fife Number. 2014-0576
Zoning Districts:
161.16 NS, Neighborhood Services
161.17 R -O, Residential Office
Section 3: That the City Council of Fayetteville, Arkansas hereby amends Chapter 161: Zoning
Regulations by inserting Use Unit 45, Small Scale Production as a Permitted Use in the following
Zoning Districts:
161.18 C-1, Neighborhood Commercial
161.19 CS, Community Services
161.20 C-2, Thoroughfare Commercial
161.21 UT, Urban Thoroughfare
161.22 C-3, Central Commercial
161.23 DC, Downtown Core
161.24 MSC, Main Street Center
161.25 DG, Downtown General
Section 4: That the City Council of Fayetteville, Arkansas hereby amends Chapter 162: Use Units by
inserting Use Unit 45, Small Scale Production as shown on Exhibit "A" attached hereto and made a part
hereof.
Section 5: That the City Council of Fayetteville, Arkansas hereby amends Chapter 166: Development by
repealing the first paragraph of § 166.25(B) and replacing it with the following language:
§ 166.25(B) Applicability. These design and development standards apply to commercial developments,
office developments, Small Scale Production, those parts of a Planned Zoning District or other mixed
use developments with commercial and office elements and to industrial developments within the I-540
Overlay District.
City of Fayetteville, Arkansas Page 2 Printed on 112112015
City of Fayetteville Staff Review Form
2014-0576
Legistar File ID
1/6/2015
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jeremy Pate 12/19/2014 City Planning /
Development Services Department
Submitted By Submitted Date Division Department
Action Recommendation:
ADM 14-4896 Administrative Item (UDC AMENDMENT SMALL-SCALE PRODUCTION): Submitted by CITY PLANNING
STAFF for revisions to the Unified Development Code, Chapters 151, 161, 162, and 166. The proposal is to modify
the zoning code to create a new use unit for small-scale production including boutique/specialty manufacturing.
The intent of the code change is to allow a broader range of non-residential uses throughout the City.
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? NA Current Budget $
Funds Obligated $
Current Balance
Does item have a cost? No Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget $
V20140710
Previous Ordinance or Resolution #
Original Contract Number: Approval Date: l _130-4b
Comments:
CITY OF
a e evi le
Y ARKANSAS
MEETING OF JANUARY 6, 2015
TO: Mayor and City Council
CITY COUNCIL AGENDA MEMO
THRU: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
FROM: Andrew Garner, City Planning Director
DATE: December 19, 2014
SUBJECT: ADM 14-4896 Administrative Item (UDC AMENDMENT SMALL-SCALE
PRODUCTION): Submitted by CITY PLANNING STAFF for revisions to the
Unified Development Code, Chapters 151, 161, 162, and 166. The proposal is to
modify the zoning code to create a new use unit for small-scale production
including boutique/specialty manufacturing. The intent of the code change is to
allow a broader range of non-residential uses throughout the City.
RECOMMENDATION:
Staff and the Planning Commission recommend approval of an ordinance to create a new use
unit for small scale production including boutique/specialty manufacturing.
BACKGROUND:
Over the past several years the City has seen an influx of smaller start-up businesses operating
out of residences, leasing small buildings or partial tenant spaces. In addition, a number of existing
vacant buildings along commercial corridors have been adapted and re -used for a variety of non-
residential uses not typically seen in commercial areas including churches, fitness studios, and
light manufacturing/retail. There have been situations where a new or expanding business has
either had to request a conditional use permit to operate in an existing commercial building, or
been forced to an undesirable industrial area or a different community to find appropriate space
to lease. A demand for small, light manufacturing tenant space has increased, including uses
such as microbreweries.
To address these issues staff proposes the following changes to the Fayetteville Unified
Development Code:
• Create a new use unit for small-scale commercial production that is limited in size.
• The new use unit includes uses such as boutique/specialty manufacturing
(microbreweries, specialty food manufacturers, cabinet shop, etc.) and clean technology.
• These types of uses are not allowed by right in commercial and mixed use zoning districts.
However, if these uses are limited in size they do not pose compatibility issues.
• The uses in the new use unit would generate similar land use impacts as a restaurant or
general commercial use. The new use unit is allowed in the same zoning districts as a
restaurant or general commercial use.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
• Incorporating the new use unit into several zoning districts introduces additional variety of
non-residential uses throughout the City encouraging mixed use, live/work/shop/play,
redevelopment, and infill policy that is encouraged in the comprehensive land use plan.
• The proposed code amendments are a result of changing market conditions and will
encourage economic development.
These changes introduce a variety of non-residential uses throughout various zoning districts.
The non-residential uses include manufacturing which could potentially have a negative impact
on adjoining properties if not limited in size. However, if limited in size these uses are appropriate
and desired in more areas of the City than industrial properties. The overall intent is to provide
increased variety and flexibility of non-residential goods, services, and employment centers in
close proximity to residences and commercial uses.
DISCUSSION:
On December 8, 2014 the Planning Commission forwarded this item to the City Council with a
recommendation of approval with a vote of 6-0-0. Several local microbreweries and the
Fayetteville Chamber of Commerce are in favor of the ordinance change.
BUDGET/STAFF IMPACT:
None
Attachments:
• The proposed code changes to UDC Chapters 151 (Definitions), 161 (Zoning), 162 (Use
Units), and 166.25 (Commercial, Office and Mixed Use Design Standards), are shown in
strikeout -highlight.
• December 8, 2014 Planning Commission staff report (including interviews with local
brewers and Director of Arkansas Alcoholic Beverage Control Division).
CITY OF 'f�ettYiIe PLANNING COMMISSION MEMO
ARKANSAS
TO: Fayetteville Planning Commission
FROM: Andrew Garner, City Planning Director
MEETING DATE: December 8, 2014 U dated December 9 2014)
SUBJECT: ADM 14-4896 Administrative Item (UDC AMENDMENT SMALL-SCALE
PRODUCTION): Submitted by CITY PLANNING STAFF for revisions to
the Unified Development Code, Chapters 151, 161, 162, and 166. The
proposal is to modify the zoning code to create a new use unit for small-
scale production including boutique/specialty manufacturing. The intent of
the code change is to allow a broader range of non-residential uses
throughout the City.
RECOMMENDATION:
Staff recommends that the Planning Commission discuss and table ADM 14-4896 until the
January 12, 2015 meeting.
PROJECT SYNOPSIS:
Staff proposes the following code changes:
• Create a new use unit for small-scale commercial production that is limited in size.
• The new use unit includes uses such as boutique/specialty manufacturing
(microbreweries, specialty food manufacturers, cabinet shop, etc.) and clean technology.
• These types of uses are not allowed by right in commercial and mixed use zoning districts.
However, if these uses are limited in size they do not pose compatibility issues.
• The uses in the new use unit would generate similar land use impacts as a restaurant or
general commercial use. The new use unit is allowed in the same zoning districts as a
restaurant or general commercial use.
• Incorporating the new use unit into several zoning districts introduces additional variety of
non-residential uses throughout the City encouraging mixed use, live/work/shop/play,
redevelopment, and infill policy that is encouraged in the comprehensive land use plan.
• The proposed code amendments are a result of changing market conditions and will
encourage economic development.
DISCUSSION:
Over the past several years the City has seen an influx of smaller start-up businesses operating
out of residences, leasing small buildings or partial tenant spaces. In addition, a number of existing
vacant buildings along commercial corridors have been adapted and re -used for a variety of non-
residential uses not typically seen in commercial areas including churches, fitness studios, and
light manufacturing/retail. There have been situations where a new or expanding business has
either had to request a conditional use permit to operate in an existing commercial building, or
Mailing Address:
Planning Commission
113ecember 8, 2014
WMountain Street www.fayettevi e -ad. �a item 7
Fayetteville, AR 72701 144896 UDC Amendment
Page 1 of 61
been forced to an undesirable industrial area or a different community to find appropriate space
to lease. A demand for small, light manufacturing tenant space has increased, including uses
such as microbreweries.
To address these issues staff proposes the following changes to the Fayetteville Unified
Development Code. As described in the Project Synopsis, these changes introduce a variety of
non-residential uses throughout various zoning districts. The non-residential uses include
manufacturing which could potentially have a negative impact on adjoining properties if not limited
in size. However, if limited in size these uses are appropriate and desired in more areas of the
City than industrial properties. The overall intent is to provide increased variety and flexibility of
non-residential goods, services, and employment centers in close proximity to residences and
commercial uses.
The changes are proposed as follows:
Chapter 162 Use Units. Created a new Use Unit 45, Small scale production. The use unit
includes the following.
• All uses within Use Unit 42, Clean Technologies are included but they are limited
by size to a maximum of 5,000 sq. ft. of gross floor area.
• Use Unit 42 includes high tech research and development, and
fabrication of alternative energy products.
• Microbrewery/microwinery/microdistillery are allowable with a maximum gross
floor area of 10,000 sq. ft. for the manufacturing portion of the facility and
production less than 15,000 barrels per year'. Staff reseach and site visits indicate
that microbreweries are very different than a typical manufacturing facility, with
minimal impact to neighbors. Several local microbreweries are in facilities greater
than 5,000 sq. ft. but less than 10,000 sq. ft. and are typically located in industrial
areas or associated with a restaurant.
• Boutique/specialty manufacturing limited by size to a maximum of 5,000 sq. ft. of
- gross floor area. This includes specialty food manufacturers with or without a retail
store front, a coffee roasting facility, or other specialty manufacturers with minimal
impacts to adjoining properties.
2. Chapter 151 Definitions. Add definitions for 'coffee roasting facility' and 'microbrewery'.
3. Chapter 166.25 Commercial, Office and Mixed Use Design and Development Standards.
Added a requirement that non-residential developements classified as Use Unit 45 shall
be subject to these standards. The types of uses allowed under Use Unit 45 are often
associated with blank industrial buildings that would not be appropriate or compatible in a
commercial setting.
' The American Brewer's Association definition of microbrewery
Planning Commission
December 8, 2014
G:\ETC\Development Services Review\2014\Development Review\14-4896 ADM UDC Amendment Small Scale Production Use\03 Planning Agenda Item 7
Commission\12-08-2014\Comments and Redlines 14-4896 UDC Amendment
Page 2 of 61
4. Chapter 161 Zoning.
• Added Use Unit 45 as permitted or conditional use in the following zoning districts:
Conditional Use
NS, Neighborhood Services
R-0, Residential Office
RECOMMENDATION:
Permitted Use
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
Staff recommends that the proposed code changes be discussed and tabled until the next
Planning Commission meeting, January 12, 2015. There is a relatively large volume of
information to cover and staff wants to make sure all of the commissioners have had adequate
time to review the proposal.
Planning Commission Action: O Tabled 2 Forwarded O Denied
Meeting Date: December 8, 2014
Motion: Winston
Second: Cook
Vote: 6-0-0
Note: Forwarded with a recommendation for approval as proposed by staff.
BUDGET/STAFF IMPACT:
None
Attachments:
• The proposed code changes to UDC Chapters 151 (Definitions), 161 (Zoning), 162 (Use
Units), and 166.25 (Commercial, Office and Mixed Use Design Standards), are shown in
strikeout -highlight.
• Summary of interviews with local brewers and Director of Arkansas Alcoholic Beverage
Control Division
Definitions of microbrewery from American Brewer's Association and Arkansas Alcoholic
Beverage Control Division
• Public comment
Planning Commission
December 8, 2014
G:\ETC\Development Services Review\2014\Development Review\14-4896 ADM UDC Amendment Small Scale Production Use\03 Planning Agenda Item 7
Commission\12-08-2014\Comments and Redlines 14-4896 UDC Amendment
Page 3 of61
TITLE / UNIFIED DEVELOPMENT CODE
CHARTER 1513 D ' RITIION;S
CHAPTER 151: DEFINITION$
Coffee roasting facility. .A .facility in which
unprocessed, green, coffee may be sorted roasted
and processed, or packaged for use and
consumption.
MicrobrewervJmicrodistl/ervlmicrowinerv. A
establishment for the manufacture, blending.
fermentation processing and oackaeing of no more
than 15,1)00 barrels of alcoholic beverages oer year It
may serve alcoholic beverages for samolino on the
Premises and may alsohave wholesale and resale for
sales of alcoholic beverages oroduced on the
premises.
CD151:1 Planning Commission
December 8, 2014
Agenda Item 7
14-4896 UDC Amendment
Page 4 of 61
TITLE XV. UNIFIED DEVELOPMENT CODE
CHAPTER 161: ZONING REGULATIONS
161.01 APPLICATION OF DISTRICT REGULATIONS................................................................................3
161.02 ZONING COMPLIANCE AND BUSINESS LICENSE.......................................................................3
161.03 DISTRICT R -A, RESIDENTIAL-AGRICULTURAL...........................................................................4
161.04 DISTRICT RSF-.5, RESIDENTIAL SINGLE-FAMILY - ONE HALF UNIT PER ACRE ...................5
161.05 DISTRICT RSF-1, RESIDENTIAL SINGLE-FAMILY - ONE UNIT PER ACRE..............................:5
161.06 DISTRICT RSF-2, RESIDENTIAL SINGLE-FAMILY - TWO UNITS PER ACRE ............................6
161.07 DISTRICT RSF-4, RESIDENTIAL SINGLE-FAMILY - FOUR UNITS PER ACRE ..........................6
161.08 DISTRICT RSF-7, RESIDENTIAL SINGLE-FAMILY - SEVEN UNITS PER ACRE ........................7
161.09 DISTRICT RSF-8, RESIDENTIAL SINGLE-FAMILY -8 UNITS PER ACRE..................................8
161.10 DISTRICT RT-12, RESIDENTIAL TWO AND THREE FAMILY.......................................................8
161.11 DISTRICT RMF-6, RESIDENTIAL MULTI -FAMILY- SIX UNITS PER ACRE................................9
161.12 DISTRICT RMF-12, RESIDENTIAL MULTI -FAMILY -TWELVE UNITS PER ACRE ...................10
161.13 DISTRICT RMF-18, RESIDENTIAL MULTI -FAMILY - EIGHTEEN UNITS PER ACRE................11
161.14 DISTRICT RMF-24, RESIDENTIAL MULTI -FAMILY - TWENTY-FOUR UNITS PER ACRE .......12
161.15 DISTRICT RMF-40, RESIDENTIAL MULTI -FAMILY - FORTY UNITS PER ACRE ......................13
161.16 NEIGHBORHOOD SERVICES........................................................................................................14
161.17 DISTRICT R -O, RESIDENTIAL OFFICE..........
15
161.18 DISTRICT C-1, NEIGHBORHOOD COMMERCIAL........................................................................16
161.19 COMMUNITY SERVICES
16
161.20 DISTRICT C-2, THOROUGHFARE COMMERCIAL.......................................................................17
161.21 URBAN THOROUGHFARE............................................................................................................18
161.22 DISTRICT C-3, CENTRAL COMMERCIAL......
19
161.23 DOWNTOWN CORE........................................................................................................................19
161.24 MAIN STREETICENTER.................................................................................................................20
161.25 DOWNTOWN GENERAL................................................................................................................21
161.26 NEIGHBORHOOD CONSERVATION.............................................................................................22
CD161:1 Planning Commission
December 8, 2014
Agenda Item 7
14-4896 UDC Amendment
Page 5 of 61
161.27 DISTRICT 1-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL...............................................22
161.28 DISTRICT 1-2, GENERAL INDUSTRIAL.........................................................................................23
161.29 DISTRICT P-1, INSTITUTIONAL.....................................................................................................24
161.30 DISTRICT E-1, EXTRACTION.........................................................................................................24
161.31 RESERVED......................................................................................................................................24
161.32 PLANNED ZONING DISTRICT.......................................................................................................25
161.33-161.99 RESERVED..........................................................................................................................26
CD161:2 Planning Commission
December 8, 2014
Agenda Item 7
14-4896 UDC Amendment
Page 6 of 61
CHAPTER 161: ZONING REGULATIONS
161.01 Application of District (1) Front. Measured from the street right -of -
Regulations - way, or street right-of-way setback as
Minimum regulations/exceptions. The regulations set required by the Master Street Plan.
by this chapter within each district shall be minimum (2) Side. Measured from the side property line.
regulations and shall apply uniformly for each class or
kind of structure or land, except as hereinafter (3) Rear. Measured from the rear property line.
provided:
(A) General. No building, structure, or land shall
(4) Comer. A comer lot has two fronts and two
hereafter be used or occupied, and no building or
sides.
structure or part thereof shall hereafter be
constructed, e, moved .
(G) Conditional Uses. These uses are permissible if
tructur
structurally altered in conformity with
exceptrecin cor allr
approved by the Planning Commission. See
the regulations herein specified for the district in
Chapter 163, Use Conditions.
which it was located.
(H) Authorized constriction/use. Permits issued on
(B) Limitations. No building or other structure shall
the basis of plans and applications approved by
hereafter be erected or altered:
the Zoning and Development Administrator or
Planning Commission authorize only the use,
(1) Height/bulk. To exceed the height or bulk;
arrangements, and construction set forth in such
approved plans and applications, and no other
(2) Number of units. To accommodate or house
use, arrangement, or construction.
a greater number of units;
(Code 1965, App. A., Art. 3; Ord. No. 1747. 6-29-70; Code
Lot area. To occupy a greater percentage of
(3) P 9
1991, §160.016; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord.
5425, 8-2-11)
lot area;
161.02 Zoning Compliance And Business
(4) Setback/open spaces. To have narrower or
License
smaller rear setbacks, front setbacks, side
setbacks, or other open spaces than herein
required; or
(A) Required. It shall be unlawful to use or occupy or
permit the use or occupancy of any building or
(5) Other In any other manner contrary to the
premises, or both, or part thereof hereafter
provisions of this chapter.
created, erected, changed, converted, or wholly
or partly altered, or enlarged in its use or
(C) Independent compliance. No part of a setback,
structure until a business license has been
or other open space, or off-street parking or
issued by the Zoning and Development
loading space required about or in connection
Administrator stating that the proposed use of the
with any building for the purpose of complying
building or land conforms to the requirements of
with this chapter shall be included as part of a
this chapter.
setback, open space, or off-street parking or
loading space similarly required for any other
(B) Conforming uses- Uses permitted within the
building,
underlying zoning district shall be eligible for a
business license, subject to §118 of the
(D) Effective date. No setback or lot existing on June
Fayetteville Code.
29, 1970, shall be reduced in dimension or area
below the minimum requirements set forth herein.
(C) Nonconforming uses.
Setbacks or lots created after June 29, 1970,
shall meet at least the minimum requirements
(1) Uses within the following use unit categories
established by this chapter.
established prior to September 7, 2010 and
operating in a zoning district that does not
(E) Annexation. All territory which may hereafter be
currently allow the use, are for the purposes
annexed to the city shall be considered to be in
of zoning compliance determined to be an
District A-1 until the territory is rezoned as
existing nonconforming use, may continue to
provided herein,
operate and are eligible to obtain a city
business license. The exemption shall not be
(F) Measuring setbacks.
construed as relieving the owner or operator
of such business from the regulations of the
business license ordinance, including
grounds for suspension and revocation, or
CD161:3
Planning Commission
December 8, 2014
Agenda Item 7
14-4896 UDC Amendment
Page 7 of 61
from any other applicable federal, state, or
city regulations.
Use Units
3
Public protection facilities
4
Cultural and recreational facilities
5
Government facilities
6
Agricultural
7
Animal husbandry
12
Limited business
13
Eating laces
15
Neighborhood shopping oods
24
Home occupation
25
Offices, studios, and related services
(2) Uses within the following use unit categories
established prior to July 15, 2003 and
operating in a zoning district that does not
currently allow the use, are for the purposes
of zoning compliance determined to be an
existing nonconforming use, may continue to
operate and are eligible to obtain a city
business license. The exemption shall not be
construed as relieving the owner or operator
of such business from the regulations of the
business license ordinance, including
grounds for suspension and revocation, or
from any other applicable federal, state, or
city regulations.
Use Units
2
City-wide uses by conditional use
permit
14
Hotel, motel and amusement facilities
16
Shopping oods
17
Transportation trades and services
18
Gasoline service stations & drive
in/drive throuh restaurants
19
Commercial recreation, small sites
20
Commercial recreation, lurqe sites
21
Warehousing and wholesale
22
Manufacturing
23
Heavy industrial
27
Wholesale bulk petroleum storage
facilities with under round tanks
28
Center for collecting recyclable
materials
29
Dance halls
30
Extractive uses
31
Facilities emitting odors/handling
explosives
32
Sexually oriented businesses
33
Adult live entertainment club or bar
34
Liquor stores
35
Outdoor music establishments
36
Wireless communications facilities
38
Mini -storage units
39
Auto salvage and junk yards
40
Sidewalk cafes
42
Clean technologies
43 j Animal boarding and training
(3) Businesses operating in a zoning district that
does not allow the use and that can not
provide proof of their establishment in
accordance with the criteria above are
declared to be incompatible with permitted
uses and shall not hereafter continue except
in conformity with the regulations of the
district In which it is located. These
businesses shall not be eligible to obtain a
city business license until or unless they are
brought into compliance with the zoning
district regulations.
(Code 1965, App. A., Art. 9(3), (5); Ord. No. 1747, 6-29-70;
Code 1991, §§160.192, 160.194; Ord. No. 4100, §2 (Ex. A),
6-16-98; Ord. 5425, 8-2-11)
Cross reference(s)—Enforcement, Ch. 153.
161.03 District R -A, Residential -
Agricultural
(A) Purposes. The regulations of the agricultural
district are designed to protect agricultural land
until an orderly transition to urban development
has been accomplished; prevent wasteful
scattering of development in rural areas; obtain
economy of public funds in the providing of public
improvements and services of orderly growth;
conserve the tax base; provide opportunity for
affordable housing, increase scenic
attractiveness; and conserve open space.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 3
Public protection and utility facilities
Unit 6
Agriculture
Unit 7
Animal husbandry
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 37
Manufactured homes
Unit 41
Accessory dwellings
Unit 43
Animal boarding and training
(2) Conditional uses.
Unit 2
City-wide uses by conditional use permit
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 20
Commercial recreation, large sites
Unit 24
Home occuations
Unit 35
Outdoor Music Establishments
Unit 36
Wireless communications facilities
Unit 42
Clean technologies
CD161:4 Planning Commission
December 8, 2014
Agenda Item 7
14-4896 UDC Amendment
Page 8 of 61
TITLE XV UNIFIED DEVELOPMENT CODE
(C) Density.
Units per acre One-half
(D) Bulk and area regulations.
Lot width minimum
200 ft.
Lot Area Minimum:
Residential:
2 acres
Nonresidential:
2 acres
Lot area per dwelling unit
2 acres
E) Setback requirements.
Front
Side
Rear
35 ft.
20 ft.
35 ft.
(F) Height requirements. There shall be no
maximum height limits in the A-1 District,
provided, however, that any building which
exceeds the height of 15 feet shall be setback
from any boundary line of any residential district
a distance of 1.0 foot for each foot of height in
excess of 15 feet. Such setbacks shall be
measured from the required setback lines.
(G) Building area. None.
(Code 1965, App. A.. Art. 5(1); Ord. No. 1747, 6-29-70;
Code 1991, §160.030; Ord. No. 4100. §2 (Ex. A), 6-16-98;
Ord. No. 4178, 8-31-99; Ord. 5028, 6-19-07; Ord. 5128, 4-
15-08; Ord. 5195, 11-6-08; Ord. 5238, 5-5-09; Ord. 5479, 2-
7-12)
161.04 District RSF-.5, Residential
Single -Family - One Half Unit Per Acre
(A) Purpose. A district having single-family detached
residences on lots with a minimum size of two
acres and a maximum gross density of
approximately one-half unit per acre.
(B) Uses.
(1) Permitted uses.
Unit 1
Cit-wide uses by right
Unit 8
Single-family dwellings
Unit 41
Accessory dwellings
(2) Conditional uses.
Unit 2
City-wide uses by conditional use
permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 24
Home occupations
Unit 36
Wireless communications facilities
Unit 44I Cottage Housing Development
(C) Density.
Units per acre One-half a roximatel
(D) Bulk and area regulations.
Lot width minimum
200 ft.
Lot area minimum
71.438 S . Ft.
Land area per dwelling unit
71,438 S . Ft.
(E) Setback requirements.
Front
Side
Rear
35 ft.
20 ft.
35 ft.
(F) Building height regulations.
Building Height Maximum I 45 ft.
Height regulations. Structures in this District are
limited to a building height of 45 feet. Existing
structures that exceed 45 feet in height shall be
grandfathered _ in, and not considered
nonconforming uses, (ord. # 4858).
(G) Building area. None.
(Code 1991, §160.043; Ord. No. 3792, §4, 5-17-94: Ord. No.
4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord.
4858, 4-18-06; Ord. 5028, 6-19-07; Ord. 5128, 4-15-08; Ord,
5224, 3-3-09; Ord. 5462, 12-6-11)
161.05 District RSF-1, Residential Single -
Family — One Unit Per Acre
(A) Purpose. A district having single-family detached
residences on lots with a minimum size of one
unit per acre. The district is designed to permit
and encourage the development of very low
density detached dwellings in suitable
environments, as well as to protect existing
development of these types.
(B) Uses.
(C) Permitted uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 41
Accessory dwellings
(D) 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
Planning Commission
CD161:5 December 8, 2014
Agenda Item 7
14-4896 UDC Amendment
Page 9 of 61
fl_Unit 24
Home occupations
Unit 36
Wireless communications facilities
Unit 44
Cottage HousinDevelopment
(E) Density..
Ii Units peracre I 1 II
(F) Bulk and area regulations.
Lot width minimum
150 ft.
Lot area minimum
35,720 sq. Ft.
Land area per dwelling unit
35,720 Sq. Ft.
(G) Setback requirements.
ft Front Side Rear
35 ft. 20 ft. 35 ft.
(H) Building height regulations.
Buil_ding Height Maximum 45 ft.
Height regulations. Structures in this District are
limited to a building height of 45 feet. Existing
structures that exceed 45 feet in height shall be
grandfathered in, and not considered
nonconforming uses, (ord. # 4858).
(I) Building area. None.
(Code 1965, §160.44; Ord. No. 3792, §4, 5-17-94; Ord. No.
4100, §2 (Ex. A), 6-16-98; Ord. 4858, 4-18-06; Ord. 5028, 6-
19-07; Ord. 5128, 4-15-08; Ord. 5224, 3-3-09; Ord. 5462,
12-6-11)
161.06 District RSF-2, Residential Single -
Family — Two Units Per Acre
(A) Purpose. To provide a single-family dwelling
transition zone between single-family
neighborhoods that have developed with larger
lot sizes (one acre and over) and areas that have
developed with smaller lot sizes (8,000 sq. ft.),
and to permit and encourage the development of
low density detached dwellings in suitable
environments, as well as to protect existing
development of these types.
(B) Uses.
(C) Permitted uses.
Unit 1
City-wide used by right
Unit
S
Single-family dwellings
Unit 41
Accessory dwellings
(D) Conditional uses.
Unit 2
City-wide uses by Lconditional use permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 24
Home occupations
Unit 36
Wireless communications facilities
Unit 44
Cottage Housing Development
(E) Density.
Units per acre I 2
(F) Bulk and area regulations.
Lot width minimum
100 ft.
II Lot area minimum
17,860 Sq. Ft.
Land area per dwelling unit
17.860 Sq. Ft.
(G) Setback requirements.
Ii Front Side Rear
30 ft. 15 ft. Soft.
(H) Building height regulations.
Building Height Maximum I 45 ft. ft
Height regulations. Structures in this District are
limited to a building height of 45 feet. Existing
structures that exceed 45 feet in height shall be
grandfathered in, and not considered
nonconforming uses, (ord. # 4858).
(I) Building area. None,
(Code 1991, §160.045; Ord. No. 3792, §4, 5-17-94; Ord. No.
4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord,
4858, 4-18-06; Ord. 5028, 6-19-07; Ord. 5128, 4.15.08; Ord.
5224, 3-3-09; Ord. 5462, 12-6-11)
161.07 District RSF-4, Residential Single -
Family — Four Units Per Acre
(A) Purpose. The RSF-4 Residential District is
designed to permit and encourage the
development of low density detached dwellings in
suitable environments, as well as to protect
existing development of these types.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 41
Accessory dwellings
CD1616 Planning Commission
December 8, 2014
Agenda Item 7
14-4896 UDC Amendment
Page 10 of 61
TITLE XV UNIFIED DEVELOPMENT CODE
(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 9
Two-family dwellings
Unit 12
Limited business
Unit 24
Home occupations
Unit 36
Wireless communications facilities
Unit 44
Cottage Housing Development
(C) Density..
Single-family
dwellings
Two-family
dwellings
Units per acre
4 or less
7 or less
(D) Bulk and area regulations.
Single-family
Two-family
dwellings
dwellings
Lot minimum
70 ft.
80 ft.
width
Lot area minimum
8,000 sq. ft.
12,000 sq.-ft.
Land area per
8,000 sq. ft.
6,000 sq. ft.
dwelling unit
Hillside Overlay
_______
60 ft.
70 ft.
District Lot
minimum width
Hillside Overlay
8,000 sq. ft.
12,000 sq: ft.
District Lot area
minimum
Land area per
8,000 sq. ft.
6,000 sq. ft.
dwelling unit
(E) Setback requirements.
Front
Side
Rear
15 ft.
5ft.
15 ft.
(F) Building height regulations.
Ii Buildino Height Maximum I 45 ft. ii
Height regulations. Structures in this District are
limited to a building height of 45 feet. Existing
structures that exceed 45 feet in height shall be
grandfathered in, and not considered
nonconforming uses, (ord. # 4858).
(G) Building area. On any lot the area occupied by
all buildings shall not exceed 40% of the total
area of such lot.
(Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98;
Ord. No. 4178. 8-31-99; Ord. 4858, 4-18-06; Ord. 5028, 6-
19-07; Ord. 5128, 4-15-08; Ord. 5224, 3-3-09; Ord. 5312. 4-
20-10; Ord. 5462,12-6-11)
161.08 District RSF-7, Residential Single -
Family — Seven Units Per Acre
(A) Purpose The RSF-7 Residential District is
designed to permit and encourage the
development of detached dwellings in suitable
environments.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 41
Accessory dwellings
(2) Conditional uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 9
Two family dwellings
Unit 12
Limited business
Unit 24
Home occupations
Unit 36
Wireless communications facilities
Unit 44
Cottage Housing Development
(C) Density.
Single-family
dwelling units per 7 or less
acre
(D) Bulk and area regulations.
(E) Lot width minimum.
Single-family
60 ft.
Two-family
60 ft.
Townhouse, no more
than two attached
30ft.
(F) Lot area minimum.
Single-family
6,000 s . ft.
Two-family
6,000 sq. ft.
Townhouse, no more
than two attached
3,000 sq. ft.
(G) Land area per dwelling unit.
Single-family
6,000 sq.
ft.
Two-family
3,000 sq.
ft.
CD161:7
Planning Commission
December 8, 2014
Agenda Item 7
14-4896 UDC Amendment
Page 11 of 61
Townhouse, no more 3,000 sq.ft.
---I
than two attached
(H) Setback requirements.
Front Side Rear
(( 15 ft. 5ft. 15 ft.
(I) Building height regulations.
ft Building Height Maximum I 45 ft. II
Height regulations. Structures in this District are
limited to a building height of 45 feet. Existing
structures that exceed 45 feet in height shall be
grandfathered in, and not considered
nonconforming uses, (ord. #4856).
(J) Building area. The area occupied by all buildings
shall not exceed 50% of the total lot area.
(Code 1991, §160.046; Ord. No. 3792, §4, 5-17-94; Ord. No.
4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord.
4858, 4-18-06; Ord. 5028. 6-19-07; Ord. 5128, 4-15-08; Ord.
5224, 3-3-09; Ord. 5312, 4-20-10; Ord. 5462, 12-6-11)
Cross reference(s)--Variance, Ch. 156.
161.09 District RSF-8, Residential Single -
Family —8 Units Per Acre
(A) Purpose. The RSF-8 Residential District is
designed to bring historic platted development
into conformity and to allow for the development
of new single family residential areas with similar
lot size, density, and land use as the historical
neighborhoods in the downtown area.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 41
Accessory dwellings
(2) Conditional uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 9
Two-family dwellings
Unit 12
Limited business
Unit 24
Home occupations
Unit 36
Wireless communications facilities
Unit 44
Cottage Housing Development
(C) Density.
By Right
Single-family
dwelling units per
8 or less
acre
(D) Bulk and area regulations.
(1) Lot width minimum.
Single-family
50 ft.
Two-family
50 ft.
Townhouse, no more
than two attached
25 ft.
(2) Lot area minimum.
Single-family
5,000 s
. ft.
Two-family
5,000 s
. ft.
(3) Land area per dwelling unit.
Single-family
5,000 s . ft.
Two-family5,000
sq. ft.
Townhouse, no more
than two attached
2,500 sq. ft.
(E) Setback requirements.
Front
Side
Rear
15ft.
5ft.
5ft.
(F) Height regulations.
Building Height Maximum j 45 ft.
(G) Building area. The area occupied by all buildings
shall not exceed 50% of the total lot area, except
when a detached garage exists or is proposed;
then the area occupied by all buildings shall not
exceed 60% of the total lot area.
(Ord. 4783, 10-18-05; Ord. 5028,6-19-07; Ord. 5128, 4-15-
08; Ord. 5224, 3-3-09; Ord. 5312.4-20-10; Ord. 5462, 12-6-
11)
161.10 District RT-12, Residential Two
And Three Family
(A) Purpose. The RT-12 Residential District is
designed to permit and encourage the
development of detached and attached dwellings
in suitable environments, to provide a
development potential between low density and
medium density with less impact than medium
density development, to encourage the
CD161:8 Planning Commission
December 8, 2014
Agenda Item 7
14-4896 UDC Amendment
Page 12 of 61
TITLE XV UNIFIED DEVELOPMENT CODE
development of areas with existing public
facilities and to encourage the development of a
greater variety of housing values.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
Unit 44
Collage Housing Development
(2) Conditional uses.
Unit 2
City-wide uses by conditional use
permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 12
Limited business
Unit 24
Home occupations
Unit 36
Wireless communications facilities
(C) Density.
Units per acre 12 or less
(D) Bulk and area regulations.
Single-
Two-
Three-
famil
family_.,_,_,_
family
Lot width
60 ft.
70 ft.
90 ft.
minimum
Lot area
6,000 sq.
7,260 sq.
10,890 sq.
minimum
ft.
ft.
ft.
Land area
6,000 sq.
3,630 sq.
3,630 sq. ft.
per
ft.
ft.
dwelling
unit
(E) Setback requirements.
Front
Side
Rear
A build -to zone
8 ft.
20 ft.
that is located
between the
front property
line and a line
25 feet from the
front property
line.
(F) Building height regulations.
Ii Building height maximum 1 30/45 ft*
'A building or a portion of a building that is
located between 0 and 10 feet from the front
property line or any master street plan right-of-
way line shall have a maximum height of 30 feet.
Buildings or portions of the building set back
greater than 10 feet from the master street plan
right-of-way shall have a maximum height of 45
feet.
(G) Building area. The area occupied by all buildings
shall not exceed 50% of the total lot area.
(H) Minimum buildable street frontage. 50% of the
lot width.
(Code 1965. App. A., Art. 5(IIA); Ord. No. 3128, 10-1-85;
Code 1991, §160.032; Ord. No. 4100. §2 (Ex. A), 6-16-98;
Ord. No. 4178, 8-31-99; Ord. 5028, 6-19-07; Ord. 5224, 3-3-
09; Ord. 5262, 8-4-09; Ord. 5312, 4-20-10; Ord. 5462, 12-6-
11; Ord. 5592, 06-18-13; Ord. 5664, 2-18-14)
Cross reference(s)--Variance, Ch. 156.
161.11 District RMF-6, Residential Multi -
Family — Six Units Per Acre
(A) Purpose. The RMF-6 Multi -family Residential
District is designed to permit and encourage the
development of multi -family residences at a low
density that is appropriate to the area and can
serve as a transition between higher densities
and single-family residential areas.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
Unit 26
Multi -family dwellings
Unit 44
Collage HousinDevelopment
(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 24
Home occupations
Unit 25
Professional offices
Unit 36
Wireless communications facilities
(C) Density.
Units per acre I 6 or less II
CD161:9 Planning Commission
December 8, 2014
Agenda Item 7
14-4896 UDC Amendment
Page 13 of 61
(D) Bulk and area regulations.
(1) Lot width minimum.
Manufactured home park
100 ft.
Lot within a manufactured home
park
50 ft.
Single-family
60 ft.
Two-family
60 ft.
Three and more
90 ft.
Professional offices
100 ft.
(2) Lot area minimum.
Manufactured home park
3 3 acres
Lot within a Manufactured home
park
4,200 sq. ft.
Townhouse:
•Development
'Individual lot
10,000 sq, ft.
2,500 sq. ft.
Single-family
6,000 sq. ft.
Two-family
7,000 sq. ff.
Three or more
9,000 sq. ft.
Fraternity or Sorority
2 acres
Professional offices
1 acre
(3) Land area per dwelling unit.
Manufactured home
3,000 sq. ft.
Apartments:
No bedrooms
1,700 sq. ft.
One bedroom
1,700 sq. ft.
Two or more bedrooms
2.000 sq. ft.
Fraternity or Sorority
1,000 sq. ft. per resident
(E) Setback requirements.
Front
Side
Rear
A build -to zone
8 ft.
25 ft.
that is located
between the
front property
line and a line
25 feet from the
front property
line.
Cross reference(s)--Variances, Ch. 156.
(F) Building height regulations.
jfiuilding Height Maximum I 30/45 ft'
*A building or a portion of a building that is
located between 0 and 10 feet from the front
property line or any master street plan right-of-
way line shall have a maximum height of 30 feet.
Buildings or portions of the building set back
greater than 10 feet from the master street plan
right-of-way shall have a maximum height of 45
feet.
Any building which exceeds the height of 20 feet
shall be set back from any side boundary line of
an adjacent single family district, an additional
distance of one foot for each foot of height in
excess of 20 feet.
(G) Building area. None.
(H) Minimum buildable street frontage. 50% of the
lot width.
(Ord. No. 4325, 73-01; 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; Ord. 5864.2-18-14)
161.12 District RMF-12, Residential Multi -
Family — Twelve Units Per Acre
(A) Purpose. The RMF-12 Multi -family Residential
District is designed to permit and encourage the
development of multi -family residences at a
moderate density that is appropriate to the area.
(B) Uses.
(1) Permitted uses.
Unit 1
-- .._—........._._..--
City-wide uses by right
Unit8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
Unit 26
Multi -family dwellings
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 4
Cultural and recreational facilities
Unit5
Govemmentfacilities
Unit 11
Manufactured home park
Unit 12
Limited business
Unit 24
Home occupations
Unit 25
Professional offices
Unit 36
Wireless communications facilities
(C) Density_
Units per acre I 12 or less
(D) Bulk and area regulations.
(1) Lot width minimum.
Manufactured home park 100 ft.
CD161:10 Planning Commission
December 8, 2014
Agenda Item 7
14-4896 UDC Amendment
Page 14 of 61
TITLE XV UNIFIED DEVELOPMENT CODE
Lot within a manufactured home
park
50 ft.
Single family
60 ft.
Two-family
60 ft.
Three and more
90 ft.
Professional offices
100 ft.
(2) Lot area minimum.
Manufactured home park
3 acres
Lot within a
manufactured home park
4,200 sq. ft.
Townhouse:
Development
Individual lot
10,000 sq. ft.
2.500 sq. ft.
Single-family
6,000 sq. ft.
Two-family
7,000 sq. ft.
Three or more
9,000 sq. ft.
Fraternity or Sorority
2 acres
Professional offices
1 acre
(3) Land area per dwelling unit.
Manufactured home
3,000 sq. ft.
Apartments:
No bedrooms
1,700 sq. ft.
One bedroom
1,700 sq. ft.
Two or more bedrooms
2,000 sq. ft.
Fraternity or Sorority
1,000 sq. ft. perresident
(E) Setback requirements.
Front
Side
Rear
A build -to zone
8 ft.
25 ft.
that is located
between the
front property
line and a line
25 feet from the
front property
line.
Cross reference(s)—Variances, Ch. 156
(F) Building height regulations.
Building Height Maximum I 30/45 ft*
'A building or a portion of a building that is
located between 0 and 10 feet from the front
property line or any master street plan right-of-
way line shall have a maximum height of 30 feet.
Buildings or portions of the building set back
greater than 10 feet from the master street plan
right-of-way shall have a maximum height of 45
feet.
Any building which exceeds the height of 20 feet
shall be set back from any side boundary line of
an adjacent single family district, an additional
distance of one foot for each foot of height in
excess of 20 feet.
(G) Building area. None.
(H) Minimum buildable street frontage. 50% of the
lot width.
(Ord. No. 4325, 7-3-01; Ord. 5028, 6.19-07; Ord. 5224, 3-3-
09; Ord. 5262, 8-4-09; Ord. 5312, 4-20-10; Ord. 5462, 12-6-
11; Ord. 5592, 6-18-13; Ord. 5664, 2-18-14)
161.13 District RMF-18, Residential Multi -
Family — Eighteen Units Per Acre
(A) Purpose. The RMF-18 Multi -family Residential
District is designed to permit and encourage the
development of multi -family residences at a
medium density that is appropriate to the area.
(B) Uses,
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
Unit 26
Multi -family dwellings
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 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 11
Manufactured home park
Unit. 12
Limited business
Unit 24
Home occupations
Unit 25
Professional offices
Unit 36
Wireless communications facilities
(C) Density.
Units per acre 18 or less
(D) Bulk and area regulations.
(1) Lot width minimum.
Manufactured home park
100 ft.
Lot within a manufactured home
park
50 ft.
Single-family
60 ft.
Two-family
60 ft.
Three and more
90 ft.
CD161:11 Planning Commission
December 8, 2014
Agenda Item 7
14-4896 UDC Amendment
Page 15 of 61
Professional offices j 100 ft.
(2) Lot area minimum.
Manufactured home park
3 acres
Lot within a manufactured home
park
4,200 sq. ft.
Townhouse:
Development
Individual lot
10,000 sq. ft.
2,500 s . ft.
Single-family
6,000 sq. ft.
Two-family
7,000 sq. ft.
Three or more
9,000 sq. ft.
Fraternity or Sorority
2 acres
Professional offices
1 acre......
(3) Land area per dwelling unit.
Manufactured Home
3,000 sq. ft.
Apartments:
No bedrooms
1,700 sq. ft.
One bedroom
1,700 sq. ft.
Two or more bedrooms
2,000 sq. ft.
Fraternity or Sorority
1,000 sq. ft. per resident
(E) Setback requirements.
Front
Side
Rear
A build -to zone
8 ft.
25 ft.
that is located
between the
front property
line and a line
25 feet from the
front property
line.
Cross reference(s) —Variances, Ch. 156.
(F) Building height regulations.
Building Height Maximum I 30(45$.1
*A building or a portion of a building that is
located between 0 and 10 feet from the front
property line or any master street plan right-of-
way line shall have a maximum height of 30 feet.
Buildings or portions of the building set back
greater than 10 feet from the master street plan
right-of-way shall have a maximum height of 45
feet.
Any building which exceeds the height of 20 feet
shall be set back from any side boundary line of
an adjacent single family district, an additional
distance of one foot for each foot of height in
excess of 20 feet.
((3) Building area. None.
(H) Minimum buildable street frontage. 50% of the
lot width.
(Ord. No. 4325, 7-3-01; Ord. 5028, 6-19-07; Ord. 5224, 3-3-
09; Ord. 5262, 8-4-09; Ord. 5312, 4-20.10; Ord. 5462, 12-6-
11; Ord. 5592, 6-18-13; Ord. 5664, 2-18-14)
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-wideright
Unit 8
Single -s
Unit 9
Two-fa
Unit 10
Three-family
Unit 26
Multi -family dwellings
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 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 occupations
Unit 36
Wireless communications facilities
(C) Density.
Units per acre 24 or less
(D) Bulk and area regulations.
(1) Lot width minimum.
Manufactured home park
100 ft.
Lot within a
Manufactured home park
50 ft.
Single-family
60 ft.
Two-family
60 ft.
Three or more
90 ft.
Professional offices
100 ft.
(2) Lot area minimum.
Manufactured home O ark 3 acres
CD16112 Planning Commission
December 8, 2014
Agenda Item 7
14-4896 UDC Amendment
Page 16 of 61
TITLE XV UNIFIED DEVELOPMENT CODE
Lot within a mobile home
park
4,200 sq. ft.
Townhouses:
Development
Individual lot
10,000 sq. ft.
2,500 sq. ft.
Single-family
6,000 sq. ft.
Two-family
7,000 s . ft.
Three or more
9.000 sq. ft.
Fraternity or Sorority
2 acres
Professional offices
1 acre
(3) Land area per dwelling unit.
Manufactured home
3.000 sq. ft.
Apartments:
No bedroom
1,700 sq. ft.
One bedroom
1,700 sq. ft.
Two bedroom
2,000 sq. ft.
Fratemity or Sorority
1,000 sq. ft. per resident
(E) Setback requirements.
Front
Side
Rear
A build -to
8 ft.
25 ft.
zone that is
located
between the
front property
line and a line
25 feet from
the front
property line.
Cross reference(s)—Variance, Ch. 156.
(F) Building height regulations.
Building Height Maximum I 30145/60ft.' II
'A building or a portion of a building that is
located between 0 and 10 feet from the front
property line or any master street plan right-of-
way line shall have a maximum height of 30 feet,
between 10-20 feet from the master street plan
right-of-way a maximum height of 45 feet and
buildings or portions of the building set back
greater than 20 feet from the master street plan
right-of-way shall have a maximum height of 60
feet.
Any building which exceeds the height of 20 feet
shall be set back from any side boundary line of
an adjacent single family district, an additional
distance of one foot for each foot of height in
excess of 20 feet.
(G) Building area. None.
(H) Minimum buildable street frontage. 50% of the Manufactured home park I 3 acres
CD161:13 Planning Commission
December 8, 2014
Agenda Item 7
14-4896 UDC Amendment
lot width.
(Code 1965, App. A., Art. 5(111); Ord. No. 2320, 4-6-77; Ord.
No. 2700, 2.2.81; Code 1991. §160.033: Ord. No. 4100, §2
(Ex. A), 6-16-98; Ord. No. 4178, 8-31-99: Ord. 5028, 6-19-
07; Ord. 5079, 11-20-07; Ord. 5224. 3-3-09; Ord. 5262, 8-4
09; Ord. 5312, 4-20-10; Ord. 5462, 12-6-11; Ord. 5495, 4-
17-12; Ord. 5592, 6-18-13; Ord. 5664, 2-18-14)
161.15 District RMF-40, Residential Multi -
Family — Forty Units Per Acre
(A) Purpose. The RMF-40 Multi -family Residential
District is designated to protect existing high
density multi -family development and to
encourage additional development of this type
where it is desirable.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 9
Two-family dwellins
Unit 10
Three-family dwellings
Unit 26
Multi -family dwellings
Unit 44
Cottage Rousing Development
(2) Conditional uses.
Unit 2
City-wide uses by CUP
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 11
Manufactured home park
Unit 12
Limited business
Unit 24
Home occuation
Unit 25
Professional offices
Unit 36
Wireless communications facilities
(C) Density.
1 Units per acre I 40 or less ii
(D) Bulk and area regulations.
(1) Lot width minimum.
Manufactured home park
100 ft.
Lot within a manufactured home park
50 ft.
Single-family
60 ft.
Two-family
60 ft.
Three or more
90 ft.
Professional offices
100 ft.
(2) Lot area minimum.
Page 17 of 61
Lot within a
manufactured home park
4,200 sq. ft.
Townhouses:
Development
Individual lot
10,000 sq. ft.
2,500 sq. ft.
Single-family
6.000 sq. ft.
Two-family
6,500 sq. ft.
Three or more
8,000 sq. ft.
Fraternity or Sorority
1 acre
(3) Land area per dwelling unit.
Manufactured home. ark
3,000 s . ft.
Townhouses & Apartments
No bedroom
1,000 sq. ft
One bedroom
1,000 sq. ft.
Two or more bedrooms
1,200 sq. ft.
Fraternity or Sorority
500 sq. ft. per
resident
(E) Setback requirements.
Front
Side
Rear
A build -to zone
8 ft.
20 ft.
that is located
between the
front property
line and a line
25 feet from the
front property
line.
Cross references) --Variance, Ch. 156.
(F) Building height regulations.
Building Height Maximum I 30/45/60 ft*
`A building or a portion of a building that is
located between 0 and 10 feet from the front
property line or any master street plan right-of-
way line shall have a maximum height of 30 feet,
between 10-20 feet from the master street plan
right-of-way a maximum height of 45 feet and
buildings or portions of the building set back
greater than 20 feet from the master street plan
right-of-way shall have a maximum height of 60
feet.
Any building which exceeds the height of 20 feet
shall be set back from any side boundary line of
an adjacent single family district, an additional
distance of one foot for each foot of height in
excess of 20 feet.
(G) Building area. None.
(Code 1965, App. A., Art. 5(lV); Ord. No. 2320, 4-5-77; Ord.
No. 2700, 2-2-81; Ord. No. 1747, 6-29-70; Code 1991,
§160.034; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No.
4178, 8-31-99; Ord. 5028, 6-19-07; Ord. 5224, 3-3-09; Ord.
5262, 8-4-09; Ord. 5312, 4-20-10; Ord. 5462, 12-6-11; Ord.
5592, 6-18-13; Ord. 5664,2-18-14)
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 il dwellings
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
Unit 12
Limited Business
Unit 24
Home occupations
Unit 41
Accessory dwelling units
Unit 44
Cottage HousinDevelopment
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 places
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
Unit 45
Small scale production
(C) Density.
Units per acre 10 or less
(H) Minimum buildable street frontage. 50% of the (D) Bulk and Area
lot width.
(1) Lot width minimum
CD161:14 Planning Commission
December 8, 2014
Agenda Item 7
14-4896 UDC Amendment
Page 18 of 61
TITLE XV UNIFIED DEVELOPMENT CODE
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 sq. ft.
Two-family or more
3,000 sq. ft. of lot area
per dwelling unit
All other permitted
and conditional uses
None
(E) Setback regulations
Front:
A build -to zone that is located
between 10 and 25 feet from the front
property line.
Side
5 feet
Rear
15 feet
(F) Building height regulations.
Building Height Maximum I 45 ft.
(G) Building area. On any lot, the area occupied by
all buildings shall not exceed 60% of the total
area of the lot.
(Ord. 5312, 4-20-10; Ord. 5462, 12-6-11; Ord. 5592, 6-18-
13; Ord. 5664, 2-18-14)
161.17 District R -O, Residential Office
(A) Purpose. The Residential -Office District is
designed primarily to provide area for offices
without limitation to the nature or size of the
office, together with community facilities,
restaurants and compatible residential uses.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit5
Government facilities
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 12
Limited business
Unit 25
Offices, studios, and related services
Unif44
Cottage Housing Development
(2) Conditional uses.
Unit2
City-wide uses by conditional use
permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational
creational facilities
Unit 11
Manufactured homey ark`
Unit 13
Eating. places,
Unit 15
Neighborhood shopping oods
Unit 24
Home occupations
Unit 26
Multi -family dwellings
Unit 36
Wireless communications facilities'
Unit 42
Clean technologies
Unit 45
Small scale production
(C) Density.
Units per acre I 24 or less
(D) Bulk and area regulations.
(Per dwelling unit for residential structures)
(1) Lot width minimum.
Manufactured home park
100 ft.
Lot within a manufactured
home park
50 ft.
Single-family
60 ft.
Two-family
60 ft.
Three or more
90 ft.
(2) Lot area minimum.
Manufactured home park
3 acres
Lot within a manufactured
home park
4,200 sq. ft.
Townhouses:
Development
Individual lot
10,000 sq. ft.
2,500 sq. ft.
Single-family
6,000 sq. ft.
Two-family
6,500 sq. ft.
Three or more
6,000 sq. ft.
Fraternity or Sorority
1 acre
(3) Land area per dwelling unit.
Manufactured home
3,000 sq. ft.
Townhouses & apartments;
No bedroom
1,000 sq, ft.
One bedroom
1,000 sq. ft.
Two or more bedrooms
1,200 sq. ft.
Fraternity or Sorority
500 sq. ft. per
resident
(E) Setback regulations.
Front
15 ft.
Front, if parking is allowed between the
right-of-way and the building
50 ft.
Front, in the Hillside Overlay District
15 ft.
Side
10 ft.
Side, when contiguous to a residential
district
15 ft.
CD161:15 Planning Commission
December 8, 2014
Agenda Item 7
14-4896 UDC Amendment
Page 19 of 61
ide, in the Hillside Overlay District
6 ft
Rear, without easement or alley
25 ft.
Rear, from center line of public alley
10 ft.
Rear, in the Hillside Overlay District
15 ft.
(F) Building height regulations.
Building Height Maximum I 60 ft.
Height regulations. Any building which exceeds
the height of 20 feet shall be set back from any
side boundary line of an adjacent single family
district an additional distance of one foot for each
foot of height in excess of 20 feet.
(G) Building area. On any lot, the area occupied by
all buildings shall not exceed 60% of the total
area of such lot.
(Code No. 1965, App. A., Art. 5(x); Ord, No. 2414, 2.7-78;
Ord. No. 2603, 2-19-80; Ord. No. 2621, 4-1-80; Ord. No.
1747, 6-29-70; Code 1991, §160.041; Ord. No. 4100, §2 (Ex.
A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. 4726, 7-19-05;
Ord. 4943, 11-07-06; Ord. 5079, 11-20-07; Ord. 5195, 11-6-
08; Ord. 5224, 3-3-09; Ord. 5312, 4-20-10; Ord. 5462, 12-6-
11)
161.18 District C-1, Neighborhood
Commercial
(A) Purpose. The Neighborhood Commercial District
is designed primarily to provide convenience
goods and personal services for persons living in
the surrounding residential areas.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 5
Government Facilities
Unit 13
Eating laces
Unit 15
Ne' hborhood shopping
Unit 18
Gasoline service stations and drive-
in/drive through restaurants
Unit 25
Offices, studios, and related services
Unit 44
Cottage Housing Development
Unit 45
Small scale oroduction
(2) Conditional uses.
Unit2
City-wide uses by conditional use
permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 16
Shopping oods
Unit 34
Liquor stores
Unit 35
Outdoor music establishments*
Unit 36
Wireless communications facilities*
Unit 40
Sidewalk Cafes
Unit 42 Clean technologies
(C) Density. None.
(D) Bulk and area regulations. None.
(E) Setback regulations.
Front
15 ft.
Front, if parking is allowed
between the right-of-way and the
building
50 ft.
Side
None
Side, when contiguous to a
residential district
10 ft.
Rear
2011.
(F) Building height regulations
Building Height Maximum 156 V I)
`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.
(Code 1965, App. A., Art. 5(V); Ord. No. 2603, 2-19-80; Ord.
No. 1747, 6-29-70; Code 1991, §160.035; Ord. No. 4100,
§2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. 5028, 6-
19-07; Ord. 5195, 11-6-08; Ord. 5312, 4-20-10; Ord. 5339,
8-3-10; Ord. 5462, 12-6-11; Ord. 5592, 6-18-13; Ord. 5664,
2-18-14)
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.
R
nit 1 City-wide uses by right
nit 4 Cultural and recreational facilities
nit 5 Government facilities
CD161:16 Planning Commission
December 8, 2014
Agenda Item 7
14-4896 UDC Amendment
Page 20 of 61
TITLE XV UNIFIED DEVELOPMENT CODE
Unit 8
Single-family dwellings
Unit9
Two-family dwellings
Unit 10
Three-family dwellings
Unit 13
Eating places
Unit 15
Neighborhood Shopping goods
Unit 18
__________
Gasoline service stations and drive-
in/drive through restaurants
Unit 24
Home occuations
Unit 25
Offices, studios and related services
Unit26
Multi -family dwellings
Unit 44
Collage Housing Development
Unit_ 5
Small scale production
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 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.
(F) Building Height Regulations.
Building Height Maximum I 56 ft.
(G) Minimum buildable street frontage. 50% of the lot
width.
(Ord. 5312, 4-20-10; Ord. 5339, B-3-10; Ord. 5462. 12-6-11;
Ord. 5592, 6-18-13; Ord. 5664, 2-18-14)
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, lame sites
Unit 25
Offices, studios, and related services
Unit 33
Adult live entertainment club or bar
Unit 34
Liquorstore
Unit 44
Collage HousinDevelopment
Unit 46
Small scale production
(2) Conditional uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 21
Warehousing and wholesale
Unit 28
Center for collectinrecyclable materials
Unit 29
Dance Halls
Unit 32
Sexually oriented business
Unit 35
Outdoor music establishments
Unit 36
Wireless communications facilities
Unit 38
Mini -storage units
Unit 40
Sidewalk Cafes
Unit 42
Clean technologies
Unit 43
Animal boarding and training
(C) Density. None.
(D) Bulk and area regulations. None,
(E) Setback regulations.
CD161:17 Planning Commission
December 8, 2014
Agenda Item 7
14-4896 UDC Amendment
Page 21 of 61
Front
15 ft.
Front, if parking is allowed
between the right-of-way and
the building
50 ft.
Side
None
Side, when contiguous to
a residential district
15 ft.
Rear
20 ft.
(F) Building height regulations.
Building Height Maximum 75 ft"
*Any building which exceeds the height of 20 feet
shall be set back from a boundary line of any
residential district a distance of one foot for each
foot of height in excess of 20 feet.
(G) Building area. On any lot, the area occupied by
all buildings shall not exceed 60% of the total
area of such lot.
(Code 1965, App. A., Art. 5(VI); Ord. No. 1833, 11-1-71; Ord,
No. 2351, 6-2-77; Ord. No. 2603, 2-19-80; Ord. Na. 1747, 6-
29-70: Code 1991, §160.036; Ord. No. 4034, §3,4,4-15-97;
Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99;
Ord. 4727. 7-19-05; Ord. 4992, 3-06-07; Ord. 5028, 6-19-07;
Ord. 5195, 11-6-08; Ord. 5312, 4-20-10; Ord. 5339, 8-3-10;
5353, 9-7-10; Ord. 5462, 12-6-11; Ord. 5592, 6-18-13; Ord.
5664,2-18-14)
161.21 Urban Thoroughfare
(A) Purpose. The Urban Thoroughfare District is
designed to provide goods and services for
persons living in the surrounding communities.
This district encourages a concentration of
commercial and mixed use development that
enhances function and appearance along major
thoroughfares. Automobile -oriented development
is prevalent within this district and a wide range
of commercial uses is permitted. For the
purposes of Chapter 96: Noise Control, the
Urban Thoroughfare district is a commercial
zone. The intent of this zoning district is to
provide standards that enable development to be
approved administratively.
(B) Uses.
(1) Permitted uses
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
Unit 13
Eating places
Unit 14
Hotel, motel and amusement services
Unit 16
Shopping oods
Unit 17
Transportation trades and services
Unit 18
Gasoline service stations and drive-in/drive
through restaurants
Unit 19
Commercial recreation, small sites
Unit 24
Home occupations
Unit 25
Offices, studios, and related services
Unit 26
Multi -family dwellings
Unit 34
Liquor store
Unit 41
Accessory Dwellings
Unit 44
Cottage Housing Development
Unit 45
5mpH scaleproduction
Note: Any combination of above uses is permitted
upon any lot within this zone. Conditional uses shall
need approval when combined with pre -approved
uses.
(2) Conditional uses
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 20
Commercial recreation. large sites
Unit 21
Warehousing and wholesale
Unit 28
Center for collecting recyclable materials
Unit 29
Dance halls
Unit 33
Adult live entertainment club or bar
Unit 35
Outdoor music establishments
Unit 36
Wireless communication facilities
Unit 38
Mini -storage units
Unit 40
Sidewalk cafes
Unit 42
Clean technologies
Unit 43
Animal boarding and training
(C) Density. None
(D) Bulk and area regulations.
(1) Lot width minimum
Single-family dwelling
18 feet
All other dwellings
None
Non-residential
None
(2) Lot area minimum. None
(E) Setback regulations.
Front:
A build -to zone that is
located between 10 feet
and a line 25 feet from
the front property line.
Side and rear.
None
Side or rear, when
15 feet
contiguous to a single-
family residential district:
(F) Building height regulations.
Building Height Maximum I 56/84 ft.'
CD161:18 Planning Commission
December 8, 2014
Agenda Item 7
14-4896 UDC Amendment
Page 22 of 61
TITLE XV UNIFIED DEVELOPMENT CODE
'A building or a portion of a building that is
located between 10 and 15 ft. from the front
property line or any master street plan right-of-
way line shall have a maximum height of 56 feet.
A building or portion of a building that is located
greater than 15 feet from the master street plan
right-of-way shall have a maximum height of 84
feet.
Any building that exceeds the height of 20 feet
shall be set back from any boundary line of a
single-family residential district, an additional
distance of one foot for each foot of height in
excess of 20 feet.
(G) Minimum buildable street frontage. 50% of the lot
width.
(Ord. 5312, 4-20-10; Ord. 5339, 8-3-10; Ord. 5353, 9-7-10;
Ord. 5462, 12-6-11: Ord. 5592, 6-18-13; Ord. 5664, 2-18-14)
161.22 District C-3, Central Commercial
(A) Purpose. The Central Commercial District is
designed to accommodate the commercial and
related uses commonly found in the central
business district, or regional shopping centers
which provide a wide range of retail and personal
service uses.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 13
Eating laces
Unit 14
Hotel, motel, and amusement facilities
Unit 16
Shopping goods
Unit 18
Gasoline service stations & drive-in
restaurants
Unit 19
Commercial recreation, small sites
Unit 25
Offices, studios, and related services
Unit 26
Multi -family dwellings
Unit 34
Liquor stores
Unit 44
Cottage Housing Development
Unit 45
Small scale production
(2) Conditional uses.
by conditional use permit
on and utility facilities
trades and services
acting recyclable
establishments
iunications facilities
Unit 40
Sidewalk Cafes
Unit 42
Clean technologies
(C) Density. None.
(D) Bulk and area regulations. None
(E) Setback regulations.
Central
Business
Shopping
District
Center
Front
5 ft.
25 ft.
Front, if parking
is allowed
between the
right-of-way and
the building
50 ft.
50 ft.
Side
None
None
Side, when
contiguous to a
residential
district
10 ft. ;.
25 ft.
Rear, without
easement or
alley
15 ft.
25 ft.
Rear, from
center line of a
public alley
10 ft.
10 ft.
(F) Building height regulations.
1 Building Height Maximum I 56184fL*
*A building or a portion of a building that is
located between 0 and 15 feet from the front
property line or any master street plan right-of-
way line shall have a maximum height of 56 feet.
A building or a portion of a building that is located
greater than 15 feet from the master street plan
right-of-way line shall have a maximum height of
84 feet.
(Code 1965, App. A., Art. 5(VII); Ord. No. 2351, 6-21-77;
Ord- No. 2603, 2-19-80; Ord. No. 1747, 6-29-70; Code 1991,
§160.037; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No.
4178, 8-31-99; Ord. 4727, 7-19-05; 4863, 5-02-06; Ord.
5028, 6-19-07; Ord. 5195, 11-6-08; Ord. 5312, 4-20-10; Ord.
5462, 12-6-11; Ord. 5592, 06-18-13)
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.
CD161:19 Planning Commission
December 8, 2014
Agenda Item 7
14-4896 UDC Amendment
Page 23 of 61
(B) Uses.
(1) Permitted uses.
Unit
t I
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
Eatingplaces
Unit 14
Hotel, motel, and amusement facilities
Unit 16
Shopping.goods
Unit 17
Transportation trades and services
Unit 19
Commercial recreation, small sites
Unit 24
Home occupations
Unit 25
Offices, studios, and related services
Unit 26
Multi-familydwellings
Unit 34
Liquor stores
Unit 44
Cottage Housing Development
Unit 45
Smallscaleg oduction
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
property line.
Side
None
Rear
5 ft.
Rear, from center line
12 ft.
of an alley
(F) Minimum buildable street frontage. 80% of lot
width.
(G) Building height regulations.
Building Height Maximum I 56/ 668 ft.•
*A building or a portion of a building that is
located between 0 and 15 feet from the front
property line or any master street plan right-of-
way line shall have a maximum height of 56 feet.
A building or portion of a building that is located
greater than 15 feet from the master street plan
right-of-way shall have a maximum height of 168
feet.
(Ord. 5028, 6-19-07; Ord. 5029, 6-19-07; Ord. 5195. 11-6-
08; Ord. 5312, 4-20-10; Ord. 5462, 12-6-11; Ord. 5592, 6-
18-13; Ord. 5664, 2-18-14)
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 StreetCenter. 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
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 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
Unit 44
Cottage Housing Development
Unit 45
Small scale production
Note: Any combination of above uses is permitted
upon any lot within this zone. Conditional uses shall
CD161:20 Planning Commission
December 8, 2014
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TITLE XV UNIFIED DEVELOPMENT CODE
need approval when combined with pre -approved
uses.
(2) Conditional uses.
Unit 2
City-wide uses by conditional use
Permit
Unit 3
Public p rotection and utility facilities
Unit 18
Gasoline service stations and drive-
in/drive through restaurants
Unit 28
Center for collecting recyclable
materials
Unit 29
Dance halls..
Unit 35
Outdoor music establishments
Unit 36
Wireless communication facilities
Unit 40
Sidewalk Cafes
Unit 42
Clean technologies
(C) Density. None.
(D) Bulk and area regulations.
(1) Lot width minimum.
Dwelling all unit 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
None
Rear
5 ft.
Rear, from center line of
12 ft.
an alley
(F) Minimum buildable street frontage. 75% of lot
width.
(G) Building height regulations.
Ii Building Height Maximum I 56/84 ft.'
'A building or a portion of a building that is
located between 0 and 15 feet from the front
property line or any master street plan right-of-
way line shall have a maximum height of 56 feet.
A building or a portion of a building that is located
greater than 15 feet from the master street plan
right-of-way line shall have a maximum height of
84 feet.
(Ord. 5028, 6-19-07; Ord. 5029, 6-19-07; Ord. 5042, 8-07-
07; Ord. 5195, 11-6-08; Ord. 5312, 4-20-10; Ord. 5339, 8-3-
10; Ord. 5462. 12-6-11; Ord. 5592, 6-18-13; Ord. 5664, 2-
18-14)
161.25 Downtown General
(A) Purpose. Downtown General is a flexible zone,
and it is not limited to the concentrated mix of
uses found in the Downtown Core or Main Street
/ Center. Downtown General includes properties
In the neighborhood that are not categorized as
identifiable centers, yet are more intense in use
than Neighborhood Conservation. There is a
mixture of single-family homes, rowhouses,
apartments, and live/work units. Activities
include a flexible and dynamic range of uses,
from public open spaces to less intense
residential development and businesses. For the
purposes of Chapter 96: Noise Control, the
Downtown General district is a residential zone.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
Unit 13
Eating laces
Unit 15
Neighborhood shopping oods
Unit 24
Home occupations
Unit 25
Offices, studios, and related services
Unit 26
Multi -family dwellings
Unit 44
Cottage Housing Development
Unit 45
m II scale Droduction
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 andutility 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.
CD161:21
Planning Commission
December 8, 2014
Agenda Item 7
14-4896 UDC Amendment
Page 25 of 61
(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
None
Rear
oft.
Rear, from center line
12 ft.
of an alley
(F) Minimum buildable street frontage. 50% of lot
width.
(G) Building height regulations.
Building Height Maximum I 56 ft.
(Ord. 5028, 6-19-07; Ord. 6029, 6-19-07; Ord. 5312, 4-20-
10; Ord. 5462, 12-6-11; Ord. 5592, 6-18-13; Ord. 5664, 2-
18-14)
161.26 Neighborhood Conservation
(A) Purpose. The Neighborhood Conservation zone
has the least activity and a lower density than the
other zones. Although Neighborhood
Conservation is the most purely residential zone,
it can have some mix of uses, such as civic
buildings. Neighborhood Conservation serves to
promote and protect neighborhood character. For
the purposes of Chapter 96: Noise Control, the
Neighborhood Conservation district is a
residential zone.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 41
Accessory dwellings
(2) Conditional uses.
Unit 2
City-wide uses by
conditional use permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
Unit 12
Limited Business *
Unit 24
Home occupations
Unit 25
Offices, studios, and related services
Unit 28
Center for collecting
recyclable materials
Unit 36
Wireless communication facilities
Unit 44
Cottage Housing Development
(C) Density. 10 Units Per Acre.
(D) Bulk and area regulations.
(1) Lot width minimum.
Single Family 40 ft.
Two Family 80 ft.
Three Family 90 ft.
(2) Lot area minimum. 4,000 Sq. Ft.
(E) Setback regulations.
Front
A build -to zone that is
located between the
front property line and a
line 25 ft. from the front
property line.
Side
oft.
Rear
Oft.
Rear, from center line
12 ft.
of an alley
(F) Building height regulations.
Building Height Maximum I 45 ft.
(Ord. 5128, 4-15-08; Ord. 5312, 4-20-10; Ord. 5462, 12-6-
11; Ord. 5592, 6-18-13; Ord. 5664, 2-18-14)
161.27 District 1-1, Heavy Commercial
And Light Industrial
(A) Purpose. The Heavy Commercial District is
designed primarily to accommodate certain
commercial and light industrial uses which are
compatible with one another but are
inappropriate in other commercial or industrial
districts. The Light Industrial District is designed
to group together a wide range of industrial uses,
which do not produce objectionable
environmental influences in their operation and
appearance. The regulations of this district are
intended to provide a degree of compatibility
between uses permitted in this district and those
in nearby residential districts.
(B) Uses.
CD161:22 Planning Commission
December 8, 2014
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TITLE XV UNIFIED DEVELOPMENT CODE
(1) Permitted uses.
Unit I
City-wide uses by right
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government Facilities
Unit 6
Agriculture
Unit 13
Eating places
Unit 17
Transportation trades and services
Unit 18
Gasoline service stations and drive-
in/drive through restaurants
Unit 21
Warehousing and wholesale
Unit 22
Manufacturing
Unit 25
Offices, studios and related services
Unit 27
Wholesale bulk petroleum storage
facilities with underground storage tanks
Unit 42
Clean technologies
(2) Conditional uses.
Unit 2
City-wide uses by conditional use permit
Unit 19
Commercial recreation, small sites
Unit 20
Commercial recreation, large sites
Unit 28
Center for collecting recyclable materials
Unit 36
Wireless communications facilities
Unit 38
Mini -storage units
Unit 43
Animal boarding and training
(C) Density.. None.
(D) Bulk and area regulations. None.
(E) Setback regulations.
Front, when adjoining A or R districts
50 ft.
Front, when adjoining C, I, or P districts
25 ft.
Side, when adjoining A or R districts
50 ft.
Side, when adjoining C, I, or P districts
10 ft.
Rear
25 ft.
(F) Height regulations. There shall be no maximum
height limits in I-1 District, provided, however,
that any building which exceeds the height of 25
feet shall be set back from any boundary line of
any residential district a distance of one foot for
each foot of height in excess of 25 feet.
(G) Building area. None.
(Code 1965, App. A., Art. 5(Vlll); Ord. No. 2351,6-2-77; Ord,
No. 2430, 3-21-78; Ord. No. 2516, 4-3-79; Ord. No. 1747, 6-
29-70; Code 1991, §160.039; Ord. No. 4100, §2 (Ex. A), 6-
16-98; Ord. No. 4178, 8-31-99; Ord. 4992, 3-06-07; Ord.
5028, 6-19-07; Ord. 5195, 11-6-08; Ord. 5312, 4-20-10; Ord.
5339, 8-3-10; Ord. 5353, 9-7-10; Ord. 5472; 12-20-11)
161.28 District 1-2, General Industrial
(A) Purpose. The General Industrial District is
designed to provide areas for manufacturing and
industrial activities which may give rise to
substantial environment nuisances, which are
objectionable to residential and business use.
(B) Uses.
(1) Permitted uses.
Unit I
Ca -wide uses by right
Unit 3
Public protection and utility facilities
Unit 5
Government Facilities
Unit 6
Agriculture
Unit 7
Animal husbandry
Unit 18
Gasoline service stations and drive-
in/drive through restaurants
Unit 20
Commercial recreation, large sites
Unit 21
Warehousing and wholesale
Unit 22
Manufacturing
Unit 23
Heavy industrial
Unit 25
Offices, studios, and related services
Unit 28
Center for collecting recyclable materials
Unit 42
Clean technologies
-Animal
Unit 43
boarding and training
(2) Conditional uses.
Unit 2
City-wide uses by conditional use permit
Unit 31
Facilities emitting odors and facilities
handling explosives.
Unit 36
Wireless communications facilities
Unit 38
Mini -storage Units
Unit 39
Auto salvae and junk yards
(C) Density. None.
(D) Bulk and area regulations. None.
(E) Setback regulations.
Front, when adjoining A
or R districts
100 ft.
Front, when adjoining C, I
or P districts
50 ft.
Side, when adjoining A or
R districts
50 ft.
Side, when adjoining C, I
or P districts
25 ft.
Rear
25 ft.
(F) Height regulations. There shall be no maximum
height limits in 1-2 Districts, provided, however,
that any building which exceeds the height of 25
feet shall be setback from any boundary line of
any residential district a distance of one foot for
each foot of height in excess of 25 feet.
CD161:23 Planning Commission
December 8, 2014
Agenda Item 7
14-4896 UDC Amendment
Page 27 of 61
(G) Building area. None.
(Code 1965, App. A., Art. 5(IX); Ord. No. 2351, 6-21-77; Ord.
No. 2516, 4-3-79; Ord. No. 1747, 6-29-70; Code 1991.
§160.040; Ord. No. 3971, §2. 5-21-96; Ord. No. 4100, §2
(Ex. A). 6-16-98; Ord. No. 4178. 8-31-99; Ord. 4992. 3-06-
07; Ord. 5028, 6-19-07; Ord. 5195, 11-6-08; Ord. 5312, 4-
20-10; Ord. 5339,8-3-10; Ord. 5353,9-7-10)
161.29 District P-1, Institutional
(A) Purpose. The Institutional District is designed to
protect and facilitate use of property owned by
larger public institutions and church related
organizations.
(B) Uses.
(1) Permitted uses.
Unit I
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
(2) Conditional uses.
Unit
City-wide usesby conditional use permit
Unit 3
Public protection and utility facilities
Unit 26
Multi -family dwellings
Unit 36
Wireless communications facilities
Unit 42
Clean technologies
(C) Density. None.
(D) Bulk and area regulations. None.
(E) Setback regulations.
Front
30 ft.
Front, if parking is allowed between the
right-of-way and the buildin
50 ft.
Side
20 ft.
Side, when contiguous to a residential
district
25 ft.
Rear
25 ft.
Rear, from center line ofpublic alley
10 ft.
(F) Height regulations. There shall be no maximum
height limits in P-1 Districts, provided, however,
that any building which exceeds the height of 20
feet shall be set back from any boundary line of
any residential district a distance of one foot for
each foot of height in excess of 20 feet.
(G) Building area. On any lot the area occupied by
all buildings shall not exceed 60 % of the total
area of such lot.
(Code 1965. App. A., Art. 5(XI); Ord. No. 2603; Ord. No.
2603, 2-19-80; Ord. No. 2621, 4-1-80; Ord. No. 1747, 6-29-
70; Code 1991, §160.042; Ord. No. 4100, §2 (Ex. A), 6-16-
98; Ord. No. 4178, 8-31-99; Ord. 5073, 11-06-07; Ord. 5195,
11-6-08; Ord. 5312.4-20-10)
161.30 District E-1, Extraction
(A) Purpose. The Extraction District is designed to
provide areas for the commercial removal of
natural accumulations of sand, clay, silt, gravel,
rock, and any mineral where such removal may
cause groundwater problems, noise, dust, traffic
problems, erosion, and safety concerns.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 30
Extractive uses
(2) Conditional uses.
Unit 2 I City-wide uses by conditional use permit
(C) Density. None.
(D) Bulk and area regulations.
(1) Lot width minimum.
Lot width The proposed development shall
minimum have at least 200 feet of frontage
on a state road or other adequate
means of access compatible with
sound land use planning
principles.
(2) Lot area minimum.
Lot area 10 acres
minimum
(E) Setback regulations.
From all property lines
(including street frontage)
200 ft.
when contiguous to all R
districts
From all property lines
(including street frontage)
100 ft.
when contiguous to P, A,
C. and I districts
(Code 1991, §160.047; Ord. No. 3546, 4-16-91; Ord. No.
4100. §2 (Ex. A), 6-16-98, Ord. No. 4178, 8-31-99; Ord.
5312, 4-20-10)
161.31 Reserved
(Code 1991, §160.048; Ord. No. 3821, §1, 3-5,8-9-94; Ord.
No. 38-06, 6-28-94; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord,
CD161:24 Planning Commission
December 8, 2014
Agenda Item 7
14-4896 UDC Amendment
Page 28 of 61
TITLE XV UNIFIED DEVELOPMENT CODE
No. 4128, §1, 12-15-98; Ord. 4725, 7-19-05; Ord. 4784, 10- (6) Coordination. Permit coordination and
18-05; Ord. 5312,4-20-10: Ord. 5526, 9-18-12) planning of the land surrounding the PZD
and cooperation between the city and private
Cross reference(s)—Appeals, Ch. 155; developers in the urbanization of new lands
Variances, Ch. 156. and in the renewal of existing deteriorating
areas.
161.32 Planned Zoning District
(A) Applicability. To be considered for a Planned
Zoning District, the applicant shall meet all of the
following criteria:
(1) Location. Any property located within the
city limits is eligible for a Planned Zoning
District. Upon City Council approval, an
owner or developer of a specific piece of
property located within the City's designated
planning area may be authorized to submit a
Planned Zoning District application in
conjunction with an annexation request, but
final approval of the PZD will not be effective
until said property is annexed into the City of
Fayetteville.
(2) Size. There shall be no minimum or
maximum tract size for a PZD application.
(B) Purpose. The intent of the Planned Zoning
District is to permit and encourage
comprehensively planned zoning and
developments whose purpose is redevelopment,
economic development, cultural enrichment or to
provide a single -purpose or mixed -use planned
development and to permit the concurrent
processing of zoning and development. The City
Council may consider any of the following factors
in review of a Planned Zoning District application.
(1) Flexibility. Providing for flexibility in the
distribution of land uses, in the density of
development and in other matters typically
regulated in zoning districts.
(2) Compatibility. Providing for compatibility
with the surrounding land uses.
(3) Harmony. Providing for an orderly and
creative arrangement of land uses that are
harmonious and beneficial to the community.
(4) Variety. Providing for a variety of housing
types, employment opportunities or
commercial or industrial services, or any
combination thereof, to achieve variety and
integration of economic and redevelopment
opportunities.
(5) No negative impact. Does not have a
negative effect upon the future development
of the area;
(7) Open space. Provision of more usable and
suitably located open space, recreation
areas and other common facilities that would
not otherwise be required under
conventional land development regulations.
(8) Natural features. Maximum enhancement
and minimal disruption of existing natural
features and amenities.
(9) Future Land Use Plan. Comprehensive and
innovative planning and design of mixed use
yet harmonious developments consistent
with the guiding policies of the Future Land
Use Plan.
(10)Special Features. Better utilization of sites
characterized by special features of
geographic location, topography, size or
shape.
(11) Recognized zoning consideration. Whether
any other recognized zoning consideration
would be violated in this PZD.
(C) Rezoning. Property may be rezoned to the
Planned Zoning District by the City Council in
accordance with the requirements of this chapter
and Chapter 154, Amendments.
(1) Each rezoning parcel shall be described as a
separate district, with distinct boundaries and
specific design and zoning standards. Each
district shall be assigned a project number or
label, along with the designation "PZD". The
rezoning shall include the adoption of zoning
standards and a specific master plan.
(2) All uses identified within §162 Use Units of
the Unified Development Code may be
allowed as permissible uses or conditional
uses, unless otherwise specified, subject to
City Council approval of the Planned Zoning
District request.
(3) Residential density. Residential densities
shall be determined on the basis of the
following considerations:
(a) The densities of surrounding
development;
(b) The densities allowed under the current
zoning;
CD161:25 Planning Commission
December 8, 2014
Agenda Item 7
14-4896 UDC Amendment
Page 29 of 61
(c) The urban development goals and other
policies of the city's Future Land Use
Plan;
(d) The topography and character of the
natural environment; and
(e) The impact of a given density on the
specific site and adjacent properties.
(4) Building setback. There shall be no minimum
building setback except as may be
determined by the Planning Commission and
City Council during review of the zoning plan
based on the uses within the development
and the proximity of the development to
existing or prospective development on
adjacent properties. Greater setbacks may
be established by the Planning Commission
or City Council when it is deemed necessary
to provide adequate separation from
adjacent properties.
(5) Building height. There shall be no maximum
building height except as may be determined
by the Planning Commission and City
Council during the review of the zoning plan
based on the uses within the development
and the proximity of the development to
existing or prospective development on
adjacent properties. A lesser height may be
established by the Planning Commission or
City Council when it is deemed necessary to
provide adequate light and air to adjacent
property and to protect the visual quality of
the community.
(6) Building area. The Planning Commission
and City Council shall review specific
proposed lot coverages which generally
correspond to the guidelines for lot coverage
in the respective residential, office,
commercial or industrial district which most
depicts said development scheme.
(Ord. No. 4434, §1 (Ex. A). 11-19-02; Ord. 4717, 7-5-05;
Ord, 4764, 09-20-05; Ord, 4783, 10-18-05; Ord. 5312, 4-20-
10; Ord. 5675, 4-1-14)
161.33-161.99 Reserved
(Ord. 4930, 10-03-06 repealed and re -adopted the entire
chapter
CD161:26 Planning Commission
December 8, 2014
Agenda Item 7
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Page 30 of 61
• TITLE XV UNIFIED DEVELOPMENT CODE
CHAPTER 162: USE UNITS
162.01 ESTABLISHMENT/LISTING
162.02 INTERPRETATION
12
162.03 CONDITIONS OF USE...................................................................................................................12
162.04 ENCLOSURE OF USES
12
162.05.162.99 RESERVED.........................................................................................................................13
CD162:1 Planning Commission
December 8, 2014
Agenda Item 7
14-4896 UDC Amendment
Page 31 of 61
Fayetteville Code of Ordinances
CD162:2 Planning Commission
December 8, 2014
Agenda Item 7
14-4896 UDC Amendment
Page 32 of 61
TITLE XV UNIFIED DEVELOPMENT CODE
CHAPTER 162: USE UNITS
162.01 Establishment/Listing
The various use units referred to in the zoning district
provisions are herein listed in numerical order. Within
the use units, the permitted uses are ordinarily listed
in alphabetical order. In these use units where there
is a preliminary descriptive statement (which may
mention specific uses) in addition to the detailed list of
uses, the detailed list shall govern. The asterisk (')
next to a specific use indicates that the use has
special conditions as required by Chapter 163, Use
Conditions and Chapter 164 Supplemental
Regulations.
Unit I
City-wide uses by right
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 6
Agriculture
Unit 7
Animal husbandry
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
Unit 11
Manufactured home park ................._
Unit 12
Limited business
Unit 13
Eating places
Unit 14
Hotel, motel and amusement facilities
Unit 15
Neighborhood shopping oods
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 21
Warehousing and wholesale
Unit 22
Manufacturing
Unit 23
Heavy industrial
Unit 24
Home occupation
Unit 25
Offices, studios, and related services
Unit 26
Multi -family dwellings
Unit 27
Wholesale bulk petroleum storage facilities
with underground storage tanks
Unit 28
Center for collecting recyclable materials
Unit 29
Dance halls
Unit 30
Extractive uses
Unit 31
Facilities emitting odors & facilities handling
explosives
Unit 32
Sexually oriented business
Unit 33
Adult live entertainment club or bar
Unit 34
Liquor stores
Unit 35
Outdoor music establishments
Unit 36
Wireless communications facilities
Unit 37
Manufactured homes
Unit 38
Mini -storage units
Unit 39
Auto salvage and junk yards
Unit 40
Sidewalk Cafes
Unit 41
Accessory dwellings
Unit 42
Clean technologies
Unit 43
Animal boarding and training
Unit 44
Cottage Housing Development
Unit 45
Small scale production
(A) Unit 1. City-wide uses by right.
(1) Description. Unit 1 consists of public uses,
essential services, agricultural uses, open
land uses, and similar uses which are
subject to other public controls or which do
not have significantly adverse effects on
other permitted uses and are, therefore,
permitted as uses of right in all districts.
(2) Included uses. Public facilities of the types
embraced within the recommendations of the
Comprehensive Land Use Plan.
Agricultural, forestry, and
-Field crop farms
fishery:
'Fishery
•Forest
'Fruit, tree, and vegetable
farm
Essential services located in
'Fire alarm box
public right-of-way:
'Fire hydrant
'Passenger stop for bus
'Police alarm box
'Sidewalk
•Street, highway, and other
thoroughfare
•Street signs, traffic signs,
and signals
'Utility mainline, local
transformer and station, and
similar facilities customarily
located in public right-of-way
Recreation and related use:
-Arboretum
-Historical marker
-Park area
'Parkway
'Wildlife preserve
Water facilities:
'Reservoir, open
-Watershed
'Conservation or flood
control proiect
CD162:3
(B) Unit 2. City-wide uses by conditional use permit.
(1) Description. Unit 2 consists of uses which
may be conducted anywhere in the territorial
jurisdiction, but which can be objectionable
to nearby uses and are therefore permitted
subject to conditional use permits in all
districts.
(2) Included uses.
fields and
-Bed and breakfast facilities'
'Campground
• Community Recycling
Drop-off Facility
'Plant nursery
Planning Commission
December 8, 2014
Agenda Item 7
14-4896 UDC Amendment
Page 33 of 61
Fayetteville Code of Ordinances
-Water recreation area
Temporary facilities:
'Carnival, circus, and tent
revival'
'Commercial facilities
•Real estate sales office
(located at a specific
location in an
underdeveloped subdivision
and operated for the
purpose of developing said
subdivision)
•School and church facility
(C) Unit 3. Public protection and utility facilities.
(1) Description. Unit 3 consists primarily of
public protection and utility equipment which:
(a) Is ordinarily not located in the street
right-of-way and can be significantly
objectionable to nearby residential,
commercial, and light industrial uses;
(b) Have requirements for specific locations
or are needed to serve residential
neighborhood or local areas; and
(c) Are, therefore, permitted only on review.
(2) Included uses.
Facilities of Public Service
'Electric regulating station
Corporations:
-Pressure control station
'Transmission station for
tower, radio, telegraph,
telephone, television
Other utility and protective
'Airway beacon
facilities:
'Public utility maintenance
building, warehouse, or
storage building
'Water pipeline rights -of -
way, sewer or water
treatment plant, water
storage facility
Railroad rights -of -way
Communications and utility
transmission line rights -of -
way
(D) Unit 4. Cultural and recreational facilities.
(1) Description. Unit 4 consists of cultural and
recreational uses to serve the residents of
the community.
(2) Included uses.
Auditorium, stadium
Art gallery, museum
Cemetery
Child care center,
n[gsery school *
Church
College or university
Community center
Crematorium
Dormitory
Eldercare
Hospital
Mausoleum
Playfield, playground
Private club or lodge
School:
•Elementary
'Junior High
•Senior High
Swimming pool
Tennis court
Theater (legitimate)
Cross -references) --Parking and Loading, Ch. 172.
(E) Unit 5. Government facilities.
(1) Description. Unit 5 consists of the main
facilities of government agencies.
(2) Included uses.
City or county jail
Courts of law
Fire station
Governmental agencies and offices
Library
Police station
Post office
Detention Home
(F) Unit 6. Agriculture.
(1) Description. Unit 6 consists of agricultural
uses and services and certain other uses
suitable for location near, but not in, a
residential district.
(2) Included uses.
Agricultural uses
and services:
Farm:
'Egg
'Truck
Services:
'Hay baling
'Smoking, curing and
selling of smoked or
cured poultry and
livestock
'Sorting, packing and
selling of fruits,
vegetables and flowers
'Threshing
(G) Unit 7. Animal husbandry.
(1) Description. Unit 7 consists of livestock
raising and related activities which are
CD162:4 Planning Commission
December 8, 2014
Agenda Item 7
14-4896 UDC Amendment
Page 34 of 61
TITLE XV. UNIFIED DEVELOPMENT CODE
ordinarily objectionable to other uses and Manufactured home park'
require, therefore, a buffer strip when
abutting a C or R District. Cross reference(s)--Use Conditions, Ch. 163;
Manufactured homes and Manufactured home Parks, Ch.
(2) Included uses. 175.
Animal farms for show,
breeding, and training
Farms with livestock
_
Livestock services:
•Animal hospitals
'Shipping of livestock
'Training of horses
-Veterinarian's treatment
areas
Recreational uses:
'Guest ranch
•Riding stable'
-Rifle range
'Rodeo ground
(H) Unit 8. Single-family dwellings.
(1) Description. Unit 8 is provided in order that
single-family dwellings may be located in
appropriate residential areas.
(2) Included uses.
(I) Unit 9. Two-family dwellings,
(1) Description. Unit 9 is provided in order that
two family attached dwellings may be
located in appropriate residential areas.
(2) Included uses.
Duplexes
Townhouse dwellings, no more than two attached units
( Two-family dwellings
(J) Unit 10. Three-family dwellings.
(1) Description. Unit 10 is provided in order that
three-family attached dwellings may be
located in appropriate residential areas.
(2) Included use.
Townhouse develoment, no more than three attached units
Three-family dwellings
Tri-plexes
(K) Unit 11. Manufactured home park.
(1) Description. Unit 11 consists of a separate
use of manufactured home parks in order
that they may be located in appropriate
residential areas.
(2) Included uses.
(L) Unit 12. Limited business.
(1) Description. Unit 12 consists of small-scale
establishments offering commercial goods
and services that are accessible for the
convenience of individuals living in
residential districts, while compatible in size,
scale and appearance with the surrounding
neighborhood. These uses shall be subject
to the regulations in Chapter 164. All uses
classified under Unit 12 must be within a
building containing 3,000 square feet or less.
(2) Included uses.
Personal Services:
(Maximum gross floor
area of 1500 square
feet)
•Day care
-Dry Cleaning
'Salon/Barber shop
•Tailorin
Specialized Retail:
'Antique/home decor
(Maximum gross floor
sales
area of 2000 square
'Apparel
feet)
'Art/architectural
supplies
'Bakery, Pastry shops
-Bicycle Shops
•Book store
Coffee shop.
'Delicatessen
'Drugstore
'Food specialty stores
-Florist
-Grocery
•Hardware
'Health food store
'Hobby/Craft Stores
-Ice cream
-Meat Market
-Restaurant/caf�
-Small appliance repair
'Stationary Store
'Toy store
-Video rental
Professional Offices:
-Accountant
(Maximum gross floor
-Architect
area of 3000 square
-Attorney
feet)
-Broker
•Business/Mgmt
Consultant
-Doctor
-Dentist
'Engineer
-Insurance Sales
-Interior Designer
-Optometrist
Realtor
CD162:5 Planning Commission
December 8, 2014
Agenda Item 7
14-4896 UDC Amendment
Page 35 of 61
Fayetteville Code of Ordinances
'Welfare agency
Studios for:
'Art
(Maximum gross floor
'Dance
area of 3000 square
•Music
feet)
'Photography
'Pottery
(M) Unit 13. Eating places.
(1) Description. Unit 13 is established that
eating places, excluding drive-ins and those
that provide dancing and entertainment, can
be located as needed without necessarily
introducing other commercial uses.
(2) Included uses.
Eating places, other than drive-ins, which do not
dancing or entertainment --.� provide
Restaurants
Cafe's
(N) Unit 14. Hotel, motel, and amusement facilities.
(1) Description. Unit 14 consists of hotels,
motels, and certain types of amusement
facilities.
(2) Included uses.
Hotel
Membership lodge
Motel
Motion picture theater
Night club, not providing dancing or outdoor music
Tavern, not providing dancing or outdoor music
(0) Unit 15. Neighborhood shopping goods.
(1) Description. Unit 15 includes a variety of
frequently purchased commercial goods,
where convenience of location is more
important than comparative shopping.
These uses are grouped in limited areas
while prohibiting all others not necessary
near the residential districts. All uses
classified under Use Unit 15 must be within a
building containing 25,000 square feet or
less.
(2) Included uses.
Personal services
'Barber/Salon
'Dry cleaning
'Laundry facility
'Tailoring
Retail
'Apparel and
accessory 'Bakery,
pastry shops
•Bicycle shop
'Bookstores
'Coffee shop
'Delicatessen
'Drugstore
'Electronics
'Florists
'Food specialty stores
'Furniture and Home
Decor
'Grocery
'Hardware store
'Health food store
'Hobby/craft shop
'Ice cream
'Jewelry/watch sales
and repair
'Meat market
'Music instruments
•News and magazine
stand
'Optical goods
'Pet shop
'Photography Studio
'Picture framing
'Shoe store
-Sporting goods
'Stationary store
'Toy store
'Video rental
Vehicular Sales (interior
'Automobile
display only)
•ATV/Motorcycle
'Boat/Personal
Watercraft (PWC
(P) Unit 16. Shopping goods.
(1) Description. Unit 16 consists of stores
selling retail goods which are ordinarily
purchased less frequently and often have a
city-wide or regional market.
(2) Included uses.
NEIGHBORHOOD
ALL USES WITHIN UNIT
SHOPPING GOODS
15 ARE ALSO
PERMITTED WITHIN
UNIT 16, WITHOUT
RESTRICTION TO SIZE
General Merchandise:
'Department store
'Mail order
Merchandise vending
'Sales and repair
machine operations
Home/Office:
'Appliances
'China, glassware
III
'Draperies, curtains
'Floor coverings
'Furniture
Personal services:
'Animal daycare
'Animal hospital
'Auctioneer
Bindery
'Body piercing
CD162:6 Planning Commission
December 8, 2014
Agenda Item 7
14-4896 UDC Amendment
Page 36 of 61
TITLE XV. UNIFIED DEVELOPMENT CODE
'Costume rental service
'Detective service
Electrical repair service
'Furniture repair,
refinishing
•Gunsmith
'Interior decorating
'Linen supply and
industrial laundry
•Locksmith
'Office supplies
'Rug cleaning, repair
'Sign painting
'Tattoo and piercing
'Taxidermist
'Tool sharpening, repair
'Watch and jewelry repair
'Weight loss center
Retail
• Apparel and accessory
'Auto accessory store
Boat and accessory
store
•Dry goods
'Garden supply
(Q) Unit 17. Transportation trades and services.
(1) Description. Unit 17 consists of
establishments engaged primarily in
providing vehicular sales, service and
maintenance, and similar services which
fulfill recurrent needs of residents of nearby
areas, but are generally incompatible with
primary retail districts because they break
the continuity of retail frontage. Uses also
include those that require transport of
persons or materials on a regular basis.
(2) Included uses.
RETAIL TRADE
'AUTOMOTIVE SALES,
ESTABLISHMENTS,
'BODY
GENERAL:
SHOPS/GARAGES
'FARM SUPPLIES AND
EQUIPMENT AND
REPAIR
•LAWN EQUIPMENT
SALES, REPAIR
MARINE CRAFT
SALES, REPAIR
'MOTORCYCLE SALES,
REPAIR
'TRUCK SALES
'TRAILER, CAMPING,
HAULING, TRAVEL,
SALES
'USED CAR LOTS
Personal help:
'Auto wash
'Motor repair
'Packing and crating
Transportation service:
'Bus station
Car rental
'Express service
•Helistop
•Railway terminal
•Taxicab station
(R) Unit 18. Gasoline service stations and drive-
in/drive through restaurants
(1) Description. Gasoline service stations and
drive-in restaurants can be significantly
objectionable to nearby uses, so, therefore,
have been allowed only in districts where
necessary to provide this use.
(2) Included uses.
Gasoline service station'
Self-service auto wash (in conjunction with a gasoline
service station) *
Drive -In /drive through restaurant'
(S) Unit 19. Commercial recreation, small sites.
(1) Description. Unit 19 consists of commercial
amusements which ordinarily do not require
large sites and often seek location in or near
developed commercial areas.
(2) Included uses.
Billiard and pool parlor
Bowling alley
Slot car track
Skating rink
Video arcade
Indoor theater
Cross reference(s)--Parking and Loading, Ch. 172.
(T) Unit 20. Commercial recreation, large sites.
(1) Description. Unit 20 consists of commercial
recreation facilities which are usually
conducted out-of-doors, on large sites, and
in undeveloped, outlying parts of the city.
Uses in this unit have an adverse effect on
certain other uses, in that they are often
noisy and are large traffic generators.
(2) Included uses.
W
ent park_`__ _
d theaterndsdock track e, olf coursere olfck
CD162:7 Planning Commission
December 8, 2014
Agenda Item 7
14-4896 UDC Amendment
Page 37 of 61
Fayetteville Code of Ordinances
Zoo
(U) Unit 21. Warehousing and wholesale.
(1) Description. Unit 21 includes warehousing,
wholesaling and trucking of the type which is
usually located to serve the central business
district and is easily serviced by rail and
highway transportation.
(2) Included uses.
Building material
'Air conditioning
establishments:
'Building materials
'Electrical supply
'Glass
'Heating equipment
'Lumber
-
'Paint
'Plumbing supplies
'Wallpaper
Fuel establishments:
'Bottled gas
•Fuel dealer
•Fuel oil
Monument, including
processing
Service establishments:
'Disinfecting and
Building service
exterminating service
'Janitorial service
'Window cleaning service
Service establishments:
'Air conditioning
Contract construction
'Building construction
service
Carpentry
'Cesspool cleaning
'Concrete
'Decorating
'Electrical
•Furnace cleaning
'Heating
'Heavy construction
'Housing for caretakers
'Impound Yard
'Masonry
'Oil well drilling
Painting
'Paper Hanging
'Plastering
'Plumbing
'Roofing
'Sheet metal
'Stonework
'Tile setting
•Towing Business
'Water well drilling
Trucking establishments
Vending machines
Warehouses
Wholesale establishments
(V) Unit 22. Manufacturing.
(1) Description. Unit 22 consists of industrial
uses which usually generate some adverse
environmental effects and for this reason
they should be located away from uses
which do not produce adverse effects.
(2) Included uses.
Fabricated metal products:
'Cutlery engraving
•Fire control equipment
'Guns and related equipment
'Machinery
'Tanks
'Transportation equipment,
including body shops
Fabricated structural
'Air conditioning and cooling
products:
apparatus
'Fabricated wire products
'Fire control equipment
'Hardware products
'Heating apparatus
'Metal cans
Miscellaneous
'Athletic goods
manufacturing:
'Amusements
'Musical instruments
•Plated ware
'Silverware
'Sporting goods
'Toys
'Textile products
'Housing for caretakers
(W) Unit 23. Heavy industrial.
(1) Description. Unit 23 consists of uses which
cause the greatest adverse environmental
effects because of odor, noise, unsightliness,
air pollution and explosions,
(2) Included uses.
Manufacturing uses:
'Fabricated metal products
'Primary metal industries
'Textile mill products
Processing and sales:
'Scrap metal
'Refuse
Repair service
'Tlrecapping
Wrecking and demolition
services
Apparel products:
'Industrial leather belting
Clay products
Food and allied products
Furniture and allied products
Glass products
Lumber and wood products:
•Millware products
•Plywood products
'Prefabricated structural
wood
'Veneer products
'Wooden container
Paper and allied products:
•Paperboard containers
Petroleum and related
'Coal yard
industries:
'Lubricating oils and greases
Primary metal industry:
'Foundry
Stone products
Housing for caretakers
CD162:8
(X) Unit 24. Home occupation.
(1) Description. Unit 24 consists of businesses
for which financial compensation is received,
Planning Commission
December 8, 2014
Agenda Item 7
14-4896 UDC Amendment
Page 38 of 61
TITLE XV. UNIFIED DEVELOPMENT CODE
conducted on a residential property, and
which generates motor vehicle traffic to the
residential property. Only those residing on
the property may be employed by the home
occupation.
(2) Included uses.
Home child care, no
more than six children
Instructional services:
Art
Crafts
Dance
Music
Tutoring
Professional services:
Architects
Insurance agents
Lawyers
-
Real estate agents
Accountants
Editors
Publishers
Graphic designers
Travel agents
Repair services:
Clocks and watches
Computers
Electronic devices
Lawnmowers
Small appliances
Small engines
Sales of home
Produce
produced agriculture
Eggs
products:
Honey or beeswax products
Jams or jellies
Milk and milk products
Other products that may be home
grown or home made on this
property
(Y) Unit 25. Offices, studios and related services.
(1) Description. Unit 25 consists of offices,
studios, medical and dental labs, and other
supporting services and sales.
(2) Included uses.
Medical Clinic:
• Dental office/clinic
• Medical office/clinic
Professional
• Accountant
office:
• Architect
• Attorney
• Broker
• Engineer
• Realtor
Sale of
• Architecture, drafting, and art
supplies and
supplies
equipment
• Office furnishings and supplies
• Medical, optical, and dental
supplies
• Scientific instruments
Services:
• Advertising agency
• Animal daycare (10 animals or
less)
• Auto parking garage
• Bail bonding agency
• Business or management
consultant
• Computing service
• Consultant
• Data processing service
• Drafting service
• Employment agency
• Financial institution
• Funeral home
• Insurance sales
• Interior decorator
• Photocopying or printing
• Social and welfare agencies
• Travel agency
• Veterinary small animal out-
_______________
patient clinic
Studios:
• Artists studio
• Photography studio
• Studio for teaching any of the fine
(Z) Unit 26. Multi -family dwellings.
(1) Description. Unit 26 is provided in order that
multi -family dwellings and more than three
attached units may be located in appropriate
residential areas.
(2) Included areas.
Apartments
Convalescent home
Dormitory
Fraternity/Sorority houses
Multi -family attached dwellings
Rooming/boardingRooming/boarding house
Townhouse, morethan three attached units
(AA) Unit 27. Wholesale bulk petroleum storage
facilities with underground storage tanks.
(1) Description. Unit 27 is provided in order that
wholesale bulk petroleum storage facilities
with underground storage tanks may be
located in the appropriate industrial areas.
(2) Included uses.
Wholesale bulk petroleum storage facilities with underground
storage tanks
(BB) Unit 28. Center for collecting recyclable
. materials.
(1) Description. Unit 28 is provided in order that
centers for collecting recyclable material may
be located in appropriate commercial and
industrial areas.
CD162:9 Planning Commission
December 8, 2014
Agenda Item 7
14-4896 UDC Amendment
Page 39 of 61
Fayetteville Code of Ordinances
(2) Included uses.
Center for collecting recyclable materials
(CC) Unit 29. Dance halls. *
(1) Description. Unit 29 is provided in order that
establishments that provide areas for
dancing may be located in an appropriate
environment and as not to negatively impact
adjacent properties.
(2) Included uses.
Bars providing area for dancing
Dance halls
Restaurants providing area for dancing
Taverns providing area for dancing
(DD) Unit 30. Extractive uses.
(1) Description. Unit 30 consists of extractive
uses which generate substantial nuisances
and adverse environmental effects.
(2) Included uses.
Mining:
-Coal and ores
•Gay, sand and silt
'Rock and gravel
Other minerals
-Petroleum extraction
'Natural gas extraction
Other:
'Rock crushing
•Sorting and washing of
earth products
(EE) Unit 31. Facilities emitting odors and facilities
handling explosives.
(1) Description. Unit 31 consists of facilities
which are heavy industrial in nature, but
which have the potential to have adverse
effects such as odor or the potential for
explosions
(2) Included uses.
Manufacturing
Chemical and
Uses:
allied products
Food and kindred
'Animal fats and
products:
oils rendering
'Beverages
distilling
'Meat slaughter-
ing and
aging
in
Paper and allied
products
Rubber and
plastic products
Processing and
Explosives
sales:
Wholesale and
Livestock
warehousing:
stockyards
Explosive
materials
Apparel products:
Leather tanning
Chemical and
Any process likely
allied products:
to emit odor or
have the potential
for explosion
Paper and allied
Building paper
'Paper
products:
and board
Petroleum and
Bulk station and
related industries:
terminal
Rubber and
Inner tubes
miscellaneous
Tires
lastic products:
(FF) Unit 32. Sexually oriented business.
(1) Description. Unit 32 consists of adult
arcades, adult bookstores or adult video
stores, adult cabarets, adult motion picture
theaters, or adult theaters whose inventory,
merchandise or performances are
characterized by a preponderance of
"specified sexual activities" or "specified
anatomical areas" all as more fully set forth
in Ordinance No. 4024, §123.26, as may be
amended from time to time.
(2) Included uses.
Adult arcade
Adult bookstore
Adult video stores
Adult cabarets
Adult motion picture theaters
Adult theaters
(GG) Unit 33. Adult live entertainment club or bar.
(1) Description. Unit 33 includes fixed places of
business selling or dispensing alcoholic
beverages including private clubs which
emphasize and seek through one or more
dancers to arouse or excite the patron's
sexual desires.
(2) Included uses.
-....
Semi-nude club or bar
Exotic dance club or bar
Go -Go dance club or bar
Strip club or bar
Gentlemen's club or bar
(HH) Unit 34. Liquor Stores. *
CD162:10
(1) Description. Unit 34 includes fixed places of
business licensed by the Arkansas Alcoholic
Beverage Control Board to sell alcoholic
beverages for off -premise consumption.
(2) Included uses.
Planning Commission
December 8, 2014
Agenda Item 7
14-4896 UDC Amendment
Page 40 of 61
TITLE XV. UNIFIED DEVELOPMENT CODE
Liquor Stores'if
(II) Unit 35. Outdoor music establishments. *
(1) Description. Unit 35 includes any business
or establishment that has a garden, patio,
rooftop or premises not wholly enclosed by
solid walls and fully roofed in which amplified
or loud music is played that could be audible
at nearby residences or businesses.
(2) Included uses.
Outdoor music establishments *
(JJ) Unit 36. Wireless Telecommunications Facilities.
(1) Description. A land use facility that transmits
and/or receives electromagnetic signals for
the purpose of transmitting analog or digital
voice or data communications.
(2) Included uses.
Wireless Antennas
telecommunications facilities Accessory buildings
Accessory development
Cellular towers
Horns
Microwave dishes
Monopoles
(KK) Unit 37. Manufactured Homes.
(1) Description. Unit 37 is provided in order that
manufactured homes may be located in
appropriate residential areas.
(2) Included uses.
Manufactured homes' II
(LL) Unit 38 Mini -storage units
(MM) Unit 39 Auto salvage and junk yards
(NN) Unit 40. Sidewalk Cafes.
(1) Description. Unit 40 is provided in order that
sidewalk cafes may be located in appropriate
commercial areas.
(2) Included uses.
Ii Sidewalk Cafes
(OO) Unit 41 Accessory Dwelling Units
(1) Description. Unit 41 includes accessory
dwelling units.
(2) Included uses.
Accessory Dwelling Units
(PP) Unit 42 Clean Technologies
(1) Description. Unit 42 consists of uses that
fabricate or produce goods and services that
greatly reduce or eliminate negative
environmental impacts, create new technologies
or improve the productive and responsible use of
natural resources.
Alternative Energy
Fabrication and
Storage Components:
'Wind
'Solar
'Fuel cells
'Batteries
'Hybrid systems
Fabrication or
'Nano Technologies
Production of
•Solar panels
Materials:
'Computer components,
such as microchips
'Advanced packaging
Research and
'Monitoring and control
Development:
systems
'Energy infrastructure
management
'Energy efficiency
management
•Materials and recycling
management
•Transportation logistics
'Environmental cleanup
and safety
•Scientific or high tech
research laboratories
(QQ) Unit 43. Animal Boarding and Training.
(1) Description. Unit 43 consists of services
such as animal boarding, training, kennels,
outdoor animal daycare and related activities
which have outdoor space for animal
exercise and other activities and may
therefore result in noise and aesthetic
impacts and may pose compatibility issues
when adjacent to commercial or residential
uses without adequate buffers in place.
(2) Included uses.
Animal boarding
Animal training
Kennels
Outdoor animal daycare
Outdoor dog runs
Other outdoor animal activity
CD162:11 Planning Commission
December 8, 2014
Agenda Item 7
14-4896 UDC Amendment
Page 41 of 61
Fayetteville Code of Ordinances
(RR) Unit 44. Cottage Housing Development.
(1) Description. Unit 44 is provided in order that
cottage housing developments are permitted
by right in multi -family zoning districts and by
Conditional Use Permit in single family
zoning districts.
(2) Included uses.
Cottage Housing Developments
(SS) Unit 45. Small scale production
(1)
(2) Included uses.
Unit 42. Clean
technologies
All uses. within Unit 42
are permitted with a
maximum gross floor
area of 5,000 square
fet
Microbrewerv:
microwinery;
microdistlllery
Maximum gross floor
area of 10,000 square
feet for the
manufacturing portion of
the facility and
production of less than
1' o00barrels er y ear
Boutique/specialty
manufacturing
(maximum gross floor
'Specialty food
manufacturers with or
without a retail store
front
'Coffee roasting facility
area of 5.000 square
feet)
'Other specialty
manufacturers that have
minimal impacts to
adjoining properties
compared with what is
typically generated by
similar uses within the
designated zoning
district, as determined
by the Zoning and
Development
Administrator
(Code 1965, App. A., Art. 6(A). (F); Ord. No. 329, 10-1-
85; Ord. No. 3165, 2-4-86; Ord, No. 3341, 3 -15 -
88; Ord. No. 1747, 6-29-70; Code 1991, §§118.01,
160.055: Ord. No. 3546, 4-19-91; Ord. No. 3792,
§§2, 3, 5-17-94; Ord. No. 3870, §1 (Ex. A). 2-21-
95; Ord. No. 3909, §1, 7-18-95; Ord. No. 3971,
§§3, 4. 5-21-96; Ord. No. 4024, §3, 3-18-97; Ord.
No. 4034, §§1. 2, 4-15-97; Ord. No. 4100. §2 (Ex.
A), 6-16-98; Ord. No. 4376, §5 (Ex. E), §6 (Ex. F),
3-5-02; Ord. No. 4423. §1 (Ex. A), 10-02-02, Ord.
4728. 7-19-05; Ord. 4913, 8-15-06; Ord. No. 4919,
09-05-06; Ord. 4930, 10-03-06; Ord. 4946, 11-21-
06; Ord. 5028, 6-19-07; Ord. 5128, 4-15-08; Ord.
5203. 12-2-08; Ord. 5195, 11-6-08; Ord. 5226, 3-
3-09; Ord. 5238, 5-5-09; Ord. 5312, 4-20-10; Ord.
5312, 4-20-10; Ord. 5338. 8-3-10; Ord. 5339, 8-3-
10; Ord. 5352, 9-7-10; Ord. 5462, 12-6-11, Ord.
5668. 3-18-14)
Cross references) --Use Conditions, Ch. 163;
Supplementary District Regulations, Ch. 164.
162.02 Interpretation
(A) In each use unit division, permitted uses are set
forth in the division entitled "Included uses.' In
the event of a conflict between such divisions and
the "description" divisions, the former shall
prevail.
(B) In any case where there is a question as to
whether or not a particular use is included in a
particular use unit, the Zoning and Development
Administrator shall decide. A use shall not be
interpreted as being in any use unit if it is
specifically listed in another unit in this chapter.
(Code 1965, App. A., Art. 6(B); Ord, No. 1747, 6-29-70; Ord,
No. 2181, 1-6-76; Code 1991, §160.056; Ord. No. 4100, §2
(Ex. A), 6-16-98)
162.03 Conditions Of Use
(A) A use shall be subject to the provisions of the
district in which the use is permitted. Certain
uses shall be subject to additional conditions set
forth separately herein. Reference will be made
in the chapter to conditions applicable to a
particular use in the unit where the use is listed.
(B) Uses which are permitted both as principal and
accessory uses shall be subject to the conditions
set forth for the use as a principal use.
(Code 1965, App. A., Art. 6 (C); Ord. No. 1747, 6-29-70;
Code 1991, §160.057; Ord. No. 4034, §6. 4-14-97; Ord, No.
4100, §2 (Ex. A) 6-16-98)
162.04 Enclosure Of Uses
Where so specified in a use unit listing, a use shall be
operated only within a fully enclosed structure. The
excepting of certain districts from this requirement
with respect to certain uses does not indicate that
such uses are necessarily permitted in such districts.
In districts where enclosure of use is required,
CD162:12 Planning Commission
December 8, 2014
Agenda Item 7
14-4896 UDC Amendment
Page 42 of 61
TITLE XV. UNIFIED DEVELOPMENT CODE
accessory off-street parking and loading shall be
exempted from this enclosure requirement.
(Code 1966, App. A., Art. 6 (E); Ord. No. 1747, 6-29-70;
Code 1991, §160.059; Ord. No. 4100, §2 (Ex. A), 6-16-98)
162.05-162.99 Reserved
CD162:13 Planning Commission
December 8, 2014
Agenda Item 7
14-4896 UDC Amendment
Page 43 of 61
166.25 Commercial, Office and Mixed Use Design And Development Standards
(A) Purposes.
(1) To protect and enhance Fayetteville's appearance, identity, and natural and economic vitality.
(2) To address environmental concerns which include, but are not limited to, soil erosion, vegetation preservation,
and drainage.
(3) To protect and preserve the scenic resources distributed throughout the city which have contributed greatly to
its economic development, by attracting tourists, permanent part-time residents, new industries, and cultural
facilities.
(4) To preserve the quality of life and integrate the different zones and uses in a compatible manner.
(5) To address the issues of traffic, safety, and crime prevention.
(6) To preserve property values of surrounding property.
(7) To provide good civic design and arrangement.
(B) Applicability. These design and development standards apply to commercial developments, office developments,
developments classified as Use Unit 45, Small scale production those parts of a Planned Zoning District or other
mixed use developments with commercial and office elements and to industrial developments within the 1-540
Overlay District.
(C) Building Exterior Appearance and Design Standards. The following exterior development standards and design
element guidelines shall be followed:
(1) The elements to avoid or minimize include:
(a) Unpainted concrete precision block walls;
(b) Square "boxlike" structures;
(c) Metal siding which dominates the principal facade;
(d) Large blank, unarticulated wall surfaces;
Elements to Avoid
(b)
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(2) A development which contains more than one building should incorporate a recurring, unifying, and identifiable
theme for the entire development site, without replicating the building multiple times,
(3) A development should provide compatibility and transition between adjoining developments.
Planning Commission
December 8, 2014
Agenda Item 7
14-4896 UDC Amendment
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(4) All structures shall be architecturally designed to have front facades facing all adjacent street and highway
rights -of -way, and shall include at least one prominent entry -way on the principal fagade(s).
(5) All buildings should be constructed of wood, masonry, or other similar durable material.
(D) Site Development and Design Standards.
(1) Site coverage. A maximum of 80% of the development site may be covered by the ground floor of any
structure, parking lots, sidewalks, and private streets and drives or any other impermeable surface. Properties
located within the Downtown Master Plan boundary are exempt from this requirement.
(2) Driveways. Shared drives and cross access between properties shall be encouraged to adjacent developed
and undeveloped properties.
(3) Mechanical and utility equipment and refuse containers shall be screened if visible from the highway/street
right-of-way or from residential property as set forth below:
(a) Mechanical and utility equipment.
(i) All mechanical and utility equipment located on the wall and/or on the ground shall be screened with
vegetation, by incorporating screening into the structure, or by utilizing paint schemes that
complement the building and screen the equipment.
(ii) All roof mounted utilities and mechanical equipment shall be screened by incorporating screening into
the principal structure utilizing materials and colors compatible with the supporting building.
(b) Refuse containers. Refuse containers shall be screened with materials that are compatible with and
complementary to the principal structure, with access to the refuse containers not visible from the street.
Containers may be screened from view by the principal structure; by a permanent walled or fenced
enclosure; or with appropriate vegetation, planted at a density and size sufficient to be view obscuring
immediately from the date of planting; so long as the screening is maintained and loose trash does not
litter the ground or become an environmental nuisance.
(4) Outdoor storage of material and equipment shall be screened if visible from the highway/street right-of-way or
from residential property as set forth below:
(a) At the expense of the owner or lessee of the property, and in all zones, the following uses shall be
completely surrounded by a view obscuring fence or by view obscuring vegetation, or a combination of
the two, of sufficient height to prevent the view of the premises from vehicular and pedestrian traffic on
adjacent streets: outdoor storage yards, including but not limited to, auto salvage yards, scrap metal
yards, used furniture yard and garbage dumps.
(b) Where vegetation is used to meet the requirements of this subsection, the vegetation shall be planted at
a density sufficient to become view obscuring within two years from the date of planting. If vegetation
planted under this subsection does not become view -obscuring within two years, a view -obscuring fence
shall be installed.
(c) Exceptions: The outdoor display of materials or equipment solely for sale or lease, such as automobiles,
seasonal garden supplies, etc. shall not be required to be screened as set forth in subsection (a) above.
(5) Non-residential uses adjacent to residential uses. The Planning Commission or Planning Division may require
non-residential uses, including parking lots associated with said uses, to be screened from adjacent residential
uses, as set forth below:
(a) A buffer strip, fence, or screen wall that is required shall be constructed and maintained on the zoning lot
containing or proposed to contain such use, in accordance with provisions of this chapter.
(b) Buffer Strip. The purpose of the buffer strip is to provide separation and enclosure of uses. The
landscaped buffer strip shall consist of a strip of land at least 8 feet wide adequately landscaped with
approval of the Urban Forester, entirely on the zoning lot which is required to provide the buffer strip, and
so located as to serve as an effective buffer between the use required to provide the buffer strip and other
Planning Commission
December 8, 2014
Agenda Item 7
14-4896 UDC Amendment
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property for whose protection the buffer strip is required. The buffer strip should extend along the full
length of the boundary separating the zoning lot from such other property, or from the street, as the case
may be.
(c) Fence required. The purpose of the fence is to enclose uses. Required fences shall not be less than six
(6) feet high, constructed of good, substantial material, of first-class workmanship, and so erected as to
resist wind pressure, ensure public safety, and present a neat, attractive uniform appearance.
(d) Screen required. The purpose of the screen is to conceal uses. Screening shall mean a view obscuring
fence, view obscuring berm, view obscuring architectural treatment, or view obscuring vegetation, or
combination thereof, of sufficient height to prevent the view of the screened items from vehicular and
pedestrian traffic on adjacent streets, and from residential property. Vegetation shall be planted at a
density sufficient to become view obscuring within two years from the date of planting.
(6) Mini -storage. At the expense of the owner of the property, all storage units and storage yards for mini -storage
created under Use Unit 38 shall be required to be screened by view obscuring vegetation when the storage
yards or the storage units have common property lines with any residential use or zone and when they have
frontage on any public street. Vegetation used for screening purposes shall be planted at a density sufficient
to become view obscuring within two years from the date of planting and it shall be the responsibility of the
property owner to maintain the screening throughout the life of the use of the property as mini -storage.
(E) Design review.
(1) Submittals. The following drawings, information, and plans shall be submitted to the Planning Commission or
Planning Division for design review and approval with the associated development application, when
applicable;
(a) Elevations. Color rendered elevation drawings of all building facades and a description of external building
materials. Labels and dimensions, where applicable, shall accompany changes in texture, plane, material
or color.
(b) Materials sample. A sample of exterior materials to be used for the proposed structure that indicates
texture, color and type of materials.
(c) Landscaping. Proposed landscaping to be used as screening shall be shown on the tree preservation
plan and landscape plan.
(2) Build out. Upon approval of a development, or issuance of a building permit, build -out of the project shall
conform to the drawings, information, and plans approved.
(a) Amendments. Amendments to the drawings, information, and plans shall be submitted to the planning
division. Amendments which are determined to be insignificant or minor may be approved by the Planning
Division. Significant amendment shall be approved by the Planning Commission when approval was
given through the large scale development process, or by the planning division when approval was given
through the building permit process.
(b) Review. Amendments shall be considered using the same standards as the initial design approval.
(c) Noncompliance. Failure to build -out the project according to the approved drawings, information, and
plans, or approved amendments thereto, shall render the large scale development approval, or the
building permit approval void.
(F) Variances. (See Chapter 156.)
(Ord. 5526, 9-18-12)
Planning Commission
December 8, 2014
Agenda Item 7
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October 2014
Saddlebock Brewery
18244 Habberton Road
Springdale, AR 72764
479.419.9969
Owner: Steve
Steve's cell: 479.422.1797
steve@saddlebock.com
Interview by Andrew Garner, City Planning Director
How many barrels per year do you produce?
A barrel is 31 gallons, we're growing a lot and our numbers are changing month by month. In the 3rd
quarter of this year we reported 700-800 barrels, we will probably have around 2,000 barrels for the
year. We did 1,000 barrels in 2013.
What is the total square footage of your facility?
Our building was built to be a brewery so it is much more efficient that if someone were leasing a facility.
We have 5,000 sq. ft. in the 'barn' on three floors. The barn is a structure that we built specifically for our
brewing facility. As part of the conditional use permit through the county for our business the structure
was intended to look like a barn to fit in to the rural setting of the area. Across the street from the barn
we have a warehouse for storage and cold storage which is about 10,000 sq. ft. for a total of 15,000 sq.
ft.
Describe your daily and weekly business operations in terms of number of employees, customers, truck
traffic:
We get some sort of truck traffic in every day. Today we only had one UPS truck delivering a package.
Our biggest deliveries are grain, usually 2-3 deliveries per week with a full size semi -truck. We buy from
the pallet and load from a lift gate onto a dock. We buy glasswear bottles, glosses, and kegs. We have
about 22 employees (part and full-time) including drivers and others offsite including sales guys in Little
Rock and elsewhere. We have some part-time girls that do serving in the tasting room. We are looking to
expand with a restaurant in the future.
Have you received many complaints from surrounding businesses or neighbors about your business, if
so, what were the complaints?
Never had any complaints from any neighbors. When we asked for a conditional use permit for outdoor
music one of the neighbors was opposed to the request and he lived about a mile away. Microbreweries
have a tasting room which is basically a small bar. The products produced from these types of facilities is
typically a higher quality and more expensive product than you would see in a regular bar. We do not see
the types of college -age bar crowd that are looking for cheap beer in these types of facilities so it is
usually pretty calm and quiet. We close the tasting room at 9 p.m.
Do you see any potential problems with the City of Fayetteville modifying the zoning code to introduce
microbreweries/small breweries into commercial areas of the City?
Water usage and wastewater usage can be a problem. To produce 1 gallon of beer requires 4-6 gallons
of water. We fall under ADEQ for rinsing down tanks. ADEQ classified me as industrial. If ADEQ classified
me as commercial we could put our waste underground (in their septic system). I have to have all of my
Planning Commission
December 8, 2014
Agenda Item 7
14-4896 UDC Amendment
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wash down water and other water carted offsite at a high expense because it cannot be put
underground into our septic system and there is not a sewer system out here (in unincorporated county).
You have to use cooling water in the brewing process and we keep that water and store it in an insulated
tank for re -use. At Tim's on the square they will run their water off into the street (the cooling water and
wastewater) which I believe is against the law and in the winter the wastewater has formed ice on the
sidewalk and street where they dump it which has been a problem.
Do you have any specific recommendations as to how many barrels per year the City's code should
specify for microbreweries?
If the brewers are too big it can be pretty unsightly if it is a 20,000 sq. ft. facility without any windows or
doors in a downtown area. A general number of around 5,000 barrels should be sufficient.
Do you have any other recommendations or comments?
In general these types of facilities will be really popular and people will want to come and see the
facilities, try the product, and hang out. They are great for tourism.
He also discussed legislative changes related to alcoholic beverages that will likely be upcoming in the
next session and he is involved an some sort of committee at the state level for these changes.
Would you be willing to attend a Planning Commission meeting to speak in favor of this code change?
Planning Commission
December 8, 2014
Agenda Item 7
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10-20-2014
Phone Interview with Ozark Brewing Company
Ozark Beer Co.
1700 s. l'St.
Rogers, AR 72756
479.636.2337
Lacie Bray, Director
lacie@ozarkbeercomoanv.com
Interview by Andrew Garner, City Planning Director
How many barrels per year do you produce?
-1,400 barrels this year; 3,500 barrels hopefully next year.
-We have a 15 barrel brewhouse and W. Mountain Brewery has a 3 barrel brewhouse.
-Once you hit 10,000 barrels you will hit a different level of facility where you have to have a much larger
number of employees, a human resources department to manage employees, etc.
What is the total square footage of your facility?
About 7,000 sq. ft. which will allow expansion of our current production.
Describe your daily and weekly business operations in terms of number of employees, customers, truck
traffic:
A truck coming every couple of weeks to deliver grain. We have about 5 full-time employees and some
part-time staff in the tasting room.
Have you received many complaints from surrounding businesses or neighbors about your business, if
so, what were the complaints?
No, not really. Most of the time when breweries are a large size they are in industrial areas. Some people
complain about the smell of brewing, some people like the smell.
Do you see any potential problems with the City of Fayetteville modifying the zoning code to introduce
microbreweries/small breweries into commercial areas of the City?
Smell of brewing is an issue to some people
Do you have any specific recommendations as to how many barrels per year the City's code should
specify for microbreweries?
No
Do you have any other recommendations or comments?
Look at the City of Denver and the City of Boulder
Would you be willing to attend a Planning Commission meeting to speak in favor of this code change?
Planning Commission
December 8, 2014
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10-27-2014
Core Brewing and Distilling Co.
2470 N. Lowell Rd.
Springdale, AR 72764
479.372.4300
Interview/tour and site visit with Jesse Core, CEO
Interview by Andrew Garner, City Planning Director
How many barrels per year do you produce?
3,000 now, but we ore expanding rapidly and our current facility has a capability of 20,000 max
production.
What is the total square footage of your facility?
20,000 sq. ft. We started with 5,000 sq, ft. in 2010 with only one suite, and have continued to expand
over the last four years.
Describe your daily and weekly business operations in terms of number of employees, customers, truck
traffic:
24 employees. Large semi -trucks come in several times a week to drop off grain and supplies and other
trucks come in and out to haul off the used grain and distribute products. We are the largest micro -
brewery in Arkansas or Oklahoma right now.
Have you received many complaints from surrounding businesses or neighbors about your business, if
so, what were the complaints?
No complaints. We are well liked by the neighbors and the community. There hasn't been any issues
here. Employees from businesses in the area enjoy coming down and hanging out, enjoying a beer. There
shouldn't be any problems with the facility with proper planning such as enough parking and loading
areas.
Do you see any potential problems with the City of Fayetteville modifying the zoning code to introduce
microbreweries/small breweries into commercial areas of the City?
No problems. Microbreweries are very unique and different than other industries that create a lot of
impacts. They are huge for the advertising and promotion of a community. The impacts of these types of
facilities are minimal, different than other heavy industry. The general public are invited, and they love to
come in and see the facilities, talk to the brewers, and enjoy a craft product. They are great for a
community.
One potential issue is that if the waste products (used grains) are not disposed of quickly it can start to
stink. This can be handled with basic good management. After we use our grains in the brewing process
we have farmers lined up that come pick it up and use it for compost on the farms. It is a sustainable
process. However, I could see it being a problem if it is a hot summer day and used grain sits outside and
the former forgets to come pick it up. If a restaurant were immediately downwind they might not like the
smell.
Do you have any specific recommendations as to how many barrels per yearthe City's code should
specify for microbreweries?
Open it up, don't put specific limitations on them because they will be great for your community.
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December 8, 2014
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14-4896 UDC Amendment
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Do you have any other recommendations or comments?
It would be appropriate when these types of facilities are in a commercial area that the street facade be
required to look nice. That is typically what these types of facilities will do anyway because they are cool
buildings that invite- the public in.
Would you be willing to attend a Planning Commission meeting to speak in favor of this code change?
yes
Planning Commission
December 8, 2014
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10-20-2014
Apple Blossom Brewing Company
1550 East Zion Road. Suite 1
479.287.4344
Ching Mong, owner/partner
appleblossombrewjngco@gmajl.com
Interview by Andrew Garner, City Planning Director
How many barrels per year do you produce?
Not sure, they only sell their product on site and in growlers at this point but would like to expand
What is the total square footage of your facility? -
Restaurant, brewhouse, and patio is a total 11,000 sq. ft.; brewhouse is about 1,500 sq. ft.
Describe your daily and weekly business operations in terms of number of employees, customers, truck
traffic:
No different than a restaurant at this point because they do not sell or distribute beer offsite.
Have you received many complaints from surrounding businesses or neighbors about your business, if
so, what were the complaints?
No complaints. He discussed that complaints from the brewer, or about the brewing operation, would
vary depending on the volume you produce. Right now we are only in-house, we don't sell out of house
and don't have any issues.
Do you see any potential problems with the City of Fayetteville modifying the zoning code to introduce
microbreweries/small breweries into commercial areas of the City?
Easy access in and out of the facility especial if it is a large volume brewer.
Do you have any specific recommendations as to how many barrels per year the City's code should
specify for microbreweries?
No
Do you have any other recommendations or comments?
It would be a good idea to make it easier for microbreweries to be located in commercial areas without
having to have additional special permits or zoning changes.
Would you be willing to attend a Planning Commission meeting to speak in favor of this code change?
Yes
Planning Commission
December 8, 2014
Agenda Item 7
14-4896 UDC Amendment
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10 -??-2014
Phone Interview with Fossil Cove Brewing Co.
1946 N. Birch Ave.
Fayetteville, AR 72703
479.445.6050
Interview by Andrew Garner, City Planning Director
(left messages, calls not returned)
How many barrels per year do you produce?
What is the total square footage of your facility?
3,600 sq. ft. (from business license)
Describe your daily and weekly business operations in terms of number of employees, customers, truck
traffic:
Have you received many complaints from surrounding businesses or neighbors about your business, if
so, what were the complaints?
Do you see any potential problems with the City of Fayetteville modifying the zoning code to introduce
microbreweries/small breweries into commercial areas of the City?
Do you have any specific recommendations as to how many barrels per year the City's code should
specify for microbreweries?
Do you have any other recommendations or comments?
Would you be willing to attend a Planning Commission meeting to speak in favor of this code change?
Planning Commission
December 8, 2014
Agenda Item 7
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Page 53 of 61
10-20-2014
Phone Interview with
Arkansas Department of Finance and Administration -Alcoholic Beverage Control Division
Michael Langley, Director
Interview by Andrew Garner, City Planning Director
Definition of microbrewery
Mr. Langley described the threshold for microbreweries as currently regulated by the state:
1. Microbrewery/restaurant allows for production of less than 5,000 barrels per year but the
product must be sold at the restaurant in a retail, not wholesale, setting.
2. Small brewer allows for production of less than 20,000 barrels per year for wholesale.
The state will likely change these definitions in the next legislative session. These definitions appear to
be fairly outdated for current practices. These definitions were approved when there were very few
small brewers/microbreweries in the state. The American Brewer's Association defines a microbrewery
as allowing production of less than 15,000 barrels per year, different than the state, that does not
specifically define a microbrewery like the ABA.
Land use impacts
Mr. Langley discussed the impact and complaints/issues that ABC has had with these types of uses. In
general the smaller brewers are very compatible in commercial and restaurant settings. They very
rarely, if ever, receive complaints from any neighbors. The types of complaints for microbrewies have
been limited to noise associated with people in the restaurant/bar setting. Problems encountered with
microbreweries have not been associated with the land use or impact of the breweries, but centered
around the businesses not complying with environmental regulations and asking for forgiveness instead
of permission. In general he was supportive of code changes to allow microbreweries in commercially
zoned areas and feels that the impact is no more than that of a typical restaurant. He also discussed the
positive effect on tourism in a community that microbreweries can bring, which is a major benefit to a
community that should be considered.
Planning Commission
December 8, 2014
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11-07-14
Fayetteville Visitor's Bureau
Jessie Leonard, Communications Manager
Fayetteville Ale Trail
i leonard CJexae riencefavettevi l le.com
Interview with Andrew Garner, City Planning Director
Tell me about the Fayetteville Ale Trail?
It is a tour of local breweries. We have created a passport with the breweries on the passport and
customers go around to each brewery to have their passport stamped. Six are on the tour now, one more
in Bentonville opening very soon so there will be seven.
How many visitor's per year are attributed to the Fayetteville Alt Trail or breweries in general?
We launched the program last August. We have printed over 20,000 passports, given out about 19,500
passports since we started the program and are starting to print more. We can't sell anything related to
it. But, we hove a little incentive if each brewery has stamped the passport we will give the customers a
little bottle opener, etc. We get requests all the time from people all of the country for the passports.
What are some of the benefits of micro -breweries?
It is a big up and coming trend in the tourism industry. We found we were having so many visitors
requesting the information on local breweries that we started the Ale Trail program. It is a unique
attraction because you are meeting the brewer, taking a tour, and sampling the product. They are great
assets to the community. Al! of the local brewers we work with are all super -involved in the community.
For example the employees at Fossil Cove all go down the trails on Friday and pick up trash. From our
perspective it is a great benefit.
Would you be willing to attend a Planning Commission meeting to speak in favor of this code change?
yes
Planning Commission
December 8, 2014
Agenda Item 7
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Page 55 of 61
Craft Beer Industry Market Segments Page 1 of I
STATISTICS
CRAFT BEER INDUSTRY MARKET SEGMENTS
There are four distinct craft beer Industry market segments: brewpubs, microbreweries, regional craft breweries and contract brewing companies.
Microbrewery
A brewery that produces less than 15,000 barrels (17,600 hectoliters) of beer per year with 75 percent or more of Its beer sold off -site. Mcrobrewedes sell to
the public by one or more of the following methods: the traditional three-tier system (brewer to wholesaler to retailer to consumer); the two-tier system (brewer
acting as wholesaler to retailer to consumer); and, directly to the consumer through carry -outs and/or on -site tap -loom or restaurant sales.
View list of U.S. P.cm tweries.
Brewpub
A restaurant -brewery that sells 25 percent or more of its beer on site. The beer is brewed primarily for sale in the restaurant and bar. The beer is often
dispensed directly from the brewery's storage tanks. Where allowed by law, brewpubs often sell beer 'to go" and/or distribute to off site accounts. Note: BA
re -categorizes a company as a microbrewery if its off -site (distributed) beer sales exceed 75 percent.
View fist of U.S. Brewnubs
Contract Brewing Company
A business that hires another brewery to produce its beer. It can also be a brewery that hires another brewery to produce additional beer. The contract
brewing company handles marketing, sales and distribution of Its beer, while generally leaving the brewing and packaging to its producer -brewery (which,
confusingly, is also sometimes referred to as a contract brewery).
Regional Craft Brewery
An independent regional brewery with a majority of volume in "tradfionar or 'innovative" beer(s).
Regional Brewery
A brewery with an annual beer production of between 15,000 and 6,000,000 barrels.
View list of U.S. Recional Breweries
Large Brewery
A brewery with an annual beer production over 6,000,000 barrels.
View list of U.S. Lame Breweries
O 2014 BREWERS ASSOCIATION
Planning Commission
http://www.brewersassociation.org/statistics/market-segments/ 9/19/201lcember 8, 2014
Agenda Item 7
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Title 2, Subtitle B I Definitions
Section 2.5.1
"Microbrewery-Restaurant" means any establishment in which beer is both brewed and sold at retail in a
restaurant setting under the same ownership in the same building or attached buildings. The operation of the
microbrewery-restaurant shall be a limited exception to the three-tier system as defined in other parts of these
Regulations. A microbrewery-restaurant establishment shall be allowed to brew beer or other malt beverage
products, as defined in ACA § 3-5-1202, and such beer or malt beverage products may be brewed in one or
more varieties to be served in the restaurant operated at the same premises. The microbrewery-restaurant
shall be limited to a production of 5000 barrels of malt beverage products per year, with each barrel having a
volume of thirty-one (31) gallons. The beer or malt beverage brewed at the microbrewery operation shall only
be sold at the restaurant maintained at the same premises, as defined in Act 611 of 1991 and shall be
dispensed at such restaurant for on premises consumption only. The restaurant may purchase beer from other
Planning Commission
December 8. 2014
Agenda Item 7
14-4896 UDC Amendment
Page 57 of 61
manufacturers of beer as set forth in that Act for sale and dispensing at the restaurant operation. (Amended 8-
15-01)
Section 2.5.2
"Arkansas Native Brewer" means any small brewery or microbrewery-restaurant permitted under the
provisions of Act 1805 of 2003, as amended. A small brewery permitted under this law shall have the
authority to manufacture and sell beer and malt beverages not to exceed an aggregate quantity of 30,000
barrels per year. The small brewery may sell to wholesalers, to retail license holders and other small brewery
license holders, or to the consumer at the brewery facility. In addition, under the provisions of Act 1459 of
2009 the operator of a small brewery may serve complimentary samples of beer produced by the small
brewery or by another licensed small brewery and may sell at retail by the drink or by the package beer
produced by the small brewery or produced by another small brewery if all sales occur in a wet
territory. Authorized sales as described above may occur at the small brewery location property, any small
brewery — off premise retail site or at fairs and food and beer festivals as described in Act 1459. If the small
brewery determines that it wishes to sell its own products to another small brewery, or to retail license holder
it shall obtain a small brewery wholesale permit. A microbrewery-restaurant operator who operates under the
Arkansas native brewer permit may manufacture beer and malt beverages in an aggregate quantity not to
exceed 5000 barrels per year. The microbrewery-restaurant may sell to wholesalers, to other retail dealers or
to the consumer at the microbrewery-restaurant for consumption either on or off the premises. The
microbrewery restaurant must obtain a separate retail permit that authorizes the sale of wine for on premises
consumption at the property. Off premises sales are limited to those brand name products which are produced
at the permitted facility. Native brewer permittees may sell their beer and malt beverage products for on or off
premises consumption during all legal operating hours of the business in which the business is normally and
legally conducted, on any day of the week, unless otherwise prohibited bylaw, if the native brewer provides
tours and provides that only sealed containers are removed from the premises. (Amended 8-19-09)
Irttp:J/www.dfa.arkansas.eov/officesiabc/ruiesfPar es/title2Subtitle8 asox
accessed 10/20/2014
Planning Commission
December 8, 2014
Agenda Item 7
14-4896 UDC Amendment
Page 58 of 61
Garner, Andrew
From:
Buddy' Black <buddy@arkansasbusinessbrokers.com>
Sent:
Monday, November 24, 2014 3:26 PM
To
Garner, Andrew
Subject
Ordihan€e change
I think this is a positive step and 1 would use this to show potential customers of smaller business.
Buddy Black
Cantrell -Griffin Business Brokers
5100 S. Thompson
Springdale, AR 72764
Cell 479-236-7800
Ph. 479.521-8529
Fax 479-9274486
buddyfri2arkansasbusinessbrokers.eom
hitp;//www.arkansasbusinessbrokers.com
Planning Commission
December 8, 2014
Agenda Item 7
14-4896 UDC Amendment
Page 59 of 61
Garner, Andrew
From: jesse@corebeer.com
Sent: Monday, November 24, 2014 10:29 AM
To: Garner, Andrew
Subject: RE: City of Fayetteville Ordinance Change for Microbreweries
Excellent stuff Andrew. Cheers, Jesse
Take Pride!
Jesse Core, Mon, mme
Founder, Core Brewing & Distilling Co.
www. CoreBeer.com
jesse@corebeer.com
479-879-2469
www. FaceBook. com/CoreBrew
This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they
are addressed. If you have received this email in error, please notify Core Brewing and Distilling Company. This message contains
confidential information and is intended only for the Individual named. If you are not the named addressee, you should not
disseminate, distribute or copy this email. Please notify the sender immediately by email if you have received this email by mistake
and delete this email from your system. If you are not the intended recipient, you are notified that disclosing, copying, distributing or
taking any action in reliance on the contents of this information is strictly prohibited.
-------- Original Message --------
Subject: City of Fayetteville Ordinance Change for Microbreweries
From: "Garner, Andrew" <agarner@Fayetteville-ar.gov>
Date: Mon, November 24, 2014 10:23 am
To:
Cc: "Garner, Andrew'_- <agarner@fayetteville-ar.gov>
Northwest Arkansas microbrewery industry:
I have interviewed several of you about potential changes to City of Fayetteville
laws regarding microbreweries. These potential changes would reclassify a certain
size microbrewery from industrial to commercial, allowing this use in commercial
and industrial areas of Fayetteville, where they are currently only allowed in
industrial areas. We value your input on this potential code change.
This topic (among others) will be discussed at a Planning Commission meeting on
December 8, 2014, 5:30 p.m., in room 219 of Fayetteville City Hall (113 W.
Mountain Street). Feel free to attend and speak at the meeting, or provide your
comments in a response to this email.
Thank you for your time,
Andrew
Andrew Garner, AICP
City Planning Director
City of Fayetteville, Arkansas
479.575.8262
Website I Facebook I Twitter I YouTube
Planning Commission
December 8, 2014
Agenda Item 7
14-4896 UDC Amendment
Page 60 of 61
Garner, Andrew
From: Apple Blossom Brewing Co.<appleblossombrewingco@gmail.com>
Sent: Wednesday, November 26, 2014 10:49 AM
To: Garner, Andrew
Subject: Re: City of Fayetteville Ordinance Change for Microbreweries
Thank you! We'll be there!
Cheers,
Sammie Stephenson
Apple Blossom Brewing Company
On Mon, Nov 24, 2014 at 10:23 AM, Garner, Andrew <aearner(ct�fayetteville-ar.eov> wrote:
Northwest Arkansas microbrewery industry:
• I have interviewed several of you about potential changes to City of Fayetteville laws regarding
microbreweries. These potential changes would reclassify a certain size microbrewery from industrial to
commercial, allowing this use in commercial and industrial areas of Fayetteville, where they are currently only
allowed in industrial areas. We value your input on this potential code change.
This topic (among others) will be discussed at a Planning Commission meeting on December 8, 2014, 5:30
p.m., in room 219 of Fayetteville City }Jail (113 W. Mountain Street). Feel free to attend and speak at the
meeting, or provide your comments in a response to this email.
;ank you for your time,
Andrew
Andrew Garner, AICP
City Planning Director
City of Fayetteville, Arkansas
479.575.8262
Website I Facebook I Twitter I YouTube
Planning Commission
December 8, 2014
Agenda Item 7
14-4896 UDC Amendment
Page 61 of 61
Garner, Andrew
From:
Chung Tan <CTan@fayettevillear.com>
Sent:
Sunday, December 07, 2014 9:42 PM
To:
Garner, Andrew
Cc:
Steve Clark
Subject: RE: ordinance for small scale production/manufacturing
Hi Andrew:
Thanks for the opportunity to comment on this ordinance change.
We commend you and your division for seeing the need for this change. From the chamber's standpoint, this is a
positive change. By allowing small manufacturing/assembly/production uses in certain commercial uses,
1) we are meeting and responding to emerging demands/trends such as microbreweries, and micro -enterprises
2) by doing so, we continue to build our ecosystem to support entrepreneurship
3) we are adding back some "industrial" uses into the inventory. This helps to balance some of the "industrial"
spaces we lost from the inventory when we approved rezoning requests in the past.
4) Last but not least, this could help to offer a buffer zone between residential to retail to office/semi-
commercial/production to industrial.
Hope this helps.
Chung
From: Garner, Andrew [mailto:agarner@fayetteville-ar.gov]
Sent: Monday, November 24, 2014 10:35 AM
To: Chung Tan
Subject: ordinance for small scale production/manufacturing
Chung,
A couple of weeks ago I mentioned to you that the City Planning Division is looking at an ordinance change that would
allow small manufacturing/production uses in certain commercial areas, where they are currently only allowed in
industrial -zoned property. This would open up re -use of existing commercial buildings for uses such as a microbrewery,
small cabinet shop, or other low intensity manufacturing/production businesses.
We value the chamber's input on this potential code change. This item will be discussed at a Planning Commission
meeting on December 8, 2014, 5:30 p.m., in room 219 of Fayetteville City Hall (113 W. Mountain Street). Feel free to
attend and speak at the meeting, or provide your input in a response to this email.
Thanks,
Andrew
Andrew Garner, AICP
City Planning Director
City of Fayetteville, Arkansas
479.575.8262
Website I Facebook I Twitter I YouTube
Fa
ADM 14-4896
EXHIBIT "A"
§162.01 (SS) Unit 45. Small scale production
(1) Description. Unit 45 is provided in order that increased variety and flexibility of
non-residential goods, services, and employment centers may be provided in close
proximity to residences and commercial uses. These uses may have adverse
impacts because of high traffic, delivery vehicles, noise, or odors and may pose
compatibility issues if they are not limited in size.
(2) Included uses.
Unit 42. Clean
technologies
All uses within Unit 42 are permitted with
a maximum gross floor area of 5,000
square feet
Microbrewery;
Maximum gross floor area of 10,000
microwinery;
square feet for the manufacturing portion
microdistillery
of the facility and production of less than
15,000 barrels per year
Boutique/specialty
•Specialty food manufacturers with or
manufacturing
without a retail store front
(maximum gross
•Coffee roasting facility
floor area of 5,000
•Other specialty manufacturers that have
square feet)
minimal impacts to adjoining properties
compared with what is typically generated
by similar uses within the designated
zoning district, as determined by the
Zoning and Development Administrator
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE IV: UNIFIED
DEVELOPMENT CODE OF THE CITY OF FAYETTEVILLE, TO
AMEND CHAPTERS 151, 161, 162 AND 166 TO CREATE A NEW
USE UNIT FOR SMALL SCALE PRODUCTION INCLUDING
BOUTIQUE AND SPECIALTY MANUFACTURING AND TO
PLACE THIS NEW USE UNIT IN APPROPRIATE ZONING
DESIGNATIONS.
WHEREAS, City of Fayetteville Planning Staff has identified a need for a new use unit
to allow for small scale specialty manufacturing; and
WHEREAS, recent trends in the manufacturing of handmade and craft products are
directed towards smaller scale and locally produced products; and
WHEREAS, the current zoning and development code does not currently specifically
address these types of small scale operations; and
WHEREAS, Planning Staff has determined that these types of uses, if scaled
appropriately, are compatible with neighborhood land uses.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of Fayetteville, Arkansas hereby adds the following
definitions to Chapter 151: Definitions:
Coffee roasting facility. A facility in which unprocessed green coffee may be sorted,
roasted and processed or packaged for use and consumption.
Microbrewery/microdistillery/microwinery. An establishment for the manufacture,
blending, fermentation, processing and packaging of no more than 15,000 barrels of alcoholic
beverages per year. It may serve alcoholic beverages for sampling on the premises and may also
have wholesale and resale for sales of alcoholic beverages produced on the premises.
Section 2: That the City Council of Fayetteville, Arkansas hereby amends Chapter 161:
Zoning Regulations by inserting Use Unit 45, Small Scale Production as a Conditional Use in the
following Zoning Districts:
161.16 NS, Neighborhood Services
161.17 R -O, Residential Office
Section 3: That the City Council of Fayetteville, Arkansas hereby amends Chapter 161:
Zoning Regulations by inserting Use Unit 45, Small Scale Production as a Permitted Use in the
following Zoning Districts:
161.18 C-1, Neighborhood Commercial
161.19 CS, Community Services
161.20 C-2, Thoroughfare Commercial
161.21 UT, Urban Thoroughfare
161.22 C-3, Central Commercial
161.23 DC, Downtown Core
161.24 MSC, Main Street Center
161.25 DG, Downtown General
Section 4: That the City Council of Fayetteville, Arkansas hereby amends Chapter 162:
Use Units by inserting Use Unit 45, Small Scale Production as shown on Exhibit "A" attached
hereto and made a part hereof.
Section 5: That the City Council of Fayetteville, Arkansas hereby amends Chapter 166:
Development by repealing the first paragraph of § 166.25(B) and replacing it with the following
language:
§ 166.25(B) Applicability. These design and development standards apply to commercial
developments, office developments, Small Scale Production, those parts of a Planned
Zoning District or other mixed use developments with commercial and office elements
and to industrial developments within the I-540 Overlay District.
PASSED and APPROVED this
APPROVED:
0
day of , 2015.
ATTEST:
By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
ADM 14-4896
EXHIBIT "A"
§162.01 (SS) Unit 45. Small scale production
(1) Description. Unit 45 is provided in order that increased variety and flexibility of
non-residential goods, services, and employment centers may be provided in close
proximity to residences and commercial uses. These uses may have adverse
impacts because of high traffic, delivery vehicles, noise, or odors and may pose
compatibility issues if they are not limited in size.
(2) Included uses.
Unit 42. Clean
technologies
All uses within Unit 42 are permitted with
a maximum gross floor area of 5,000
square feet
Microbrewery;
Maximum gross floor area of 10,000
microwinery;
square feet for the manufacturing portion
microdistillery
of the facility and production of less than
15,000 barrels per year
Boutique/specialty
'Specialty food manufacturers with or
manufacturing
without a retail store front
(maximum gross
'Coffee roasting facility
floor area of 5,000
'Other specialty manufacturers that have
square feet)
minimal impacts to adjoining properties
compared with what is typically generated
by similar uses within the designated
zoning district, as determined by the
Zoning and Development Administrator
RECEIVED
NORTHWEST ARKANSAS FEB 02 2015
Democrat (1 azettQCITY OF
OFf1Gt
P.O. BOX 16O7, FAYETTEVILLE, AR, 727O2 . 479-442-1700 . FAX: 479-695-1118 • WWW.NWADG.COM
AFFIDAVIT OF PUBLICATION
I, Karen Caler, do solemnly swear that I am the Legal Clerk of the
Northwest Arkansas Democrat Gazette, printed and published in
Washington and Benton County, Arkansas, and of bona fide circulation,
that from my own personal knowledge and reference to the files
of said publication, the advertisement of:
CITY OF FAYETTEVILLE
Ord. 5735
Was inserted in the Northwest Arkansas Democrat
Gazette on:
January29, 2015
Publication Charges: $181.58
Karen Calercc
Subscribed and sworn to before me
This 211 day of z: 2015.
Notary Public
My Commission Expires:
**NOTE**
Please do not pay from
CATHY WILES
Arkansas - Benton County
Notary Public - Comm# 12397118
My Commission Expires Feb 20, 2024
x ,ORDINANCE $O15755 q "g CITY Of� +•
AN ORDINANCE AMENDING TITLE BXV
UNIFIED DEVELOPMENT CODE OF THE 1�..^
CITY OFr, fAYEf7tVILLE TO ffOEJ 6ETO aye '
CREATEAFJEW OSE`UNITIFOA `SMALL ARKANSAS
SCALE PRODUCTION INCLUDING BOTIQUE
AND SPECIALTY MANUFACTURING AND TO PLACE THIS NEW USE UNIT
IN APPROPRRTE ZONING DESIGNATIONS.
WHEREAS, City of Fayetteville Planning Staff has identified a need for a new.
usenlnittoSlowfor-smallecataapecla"anufactun and : -•
WHEREAS, ec•,ent `has In I e Menufaetunng of hand "adsand craft'prod*a
uctiare'thrected towards smaller scale and locally produced products; and
wliElbas e wS,iit Iitd rleJ tepment ct tie tfoessnO currently
specifI JIya resstnesetypes ofsmell"leoperael6ri;and�--�F
WHEREAS Planning Staft :has determined that these types of uses, it scaled f
appryp4,ateh,.artec6m ble, ftl neiqhhorh pp land uses.
NOW, THEREFORE, BEWT ORDAINED" Y THE'CSTY- COUNCIL OFTHE
CITY OF:FAY.ETTEVILLE, ARKANSAS:
Section 1: That the City Council of Fayetteville, Arkansas hereby adds the.
following definitions to Chapter 151: Definitions:
Coffee roasting facility. A facility In�ttJfl unprocessed green coffee may be
sorted, roasted a�d procesaedyor pack�ged fpr 5 a s nsumptioq.
Miorohreiverylmidrodtstl/eryy/mroiowinerye. Ans, .est lis meWfor thenmanu-
faclure bl9pdmg fermentation processing a ` m ;of no more than •
150 •ba ela o a7 1'c bev ,ens per yearrttmav�a alcoholic j3eyGr-
agde for samPlmg on thepremisesand may also have wholesale and resale
for sales of: alcoholic beverages produced on the premises.
Section 2: That theCity- Council flayette.,ivp Arkanggas Ftereby amends,,"'
Chapter - 16fl Zoning Regdiahp by insert('tlse 1445. Small Srtiale,•
Propucbon as d Conditional •Ui Use in tpe itipowig Zoning Districts:
.161 /6NS Neighborhood Services.
4 6` 17i; -O laesi4enpalOfice :, a
SectIon • That the City Councl of Fayetteville, A kansas hereby amends
Gfipter4l¢1 Zpnmg ;Regulations by inserting Use Unit 45, Small Scale
Prodduction"sassPPemiittetllUse 'in the following Zoning Districts:
161.18 C-1, Neighborhood Commercial
X161.19 CS, Community Services
161.20 C-2. Tnoroughfare,Commercial
161.21 UT Urban Thwoug
4* 1 78, 1.22 e-s,antr6l Colpmesaal
%D. wror4J.
A 161.244''-M 751a't"nSfrer ;,
61.25 DG; Do ntpwn Ganeral
Sen 4: That t ui1dl of FayetteviIle, Arkansas hereby amends;
Chapter 1a62:k1 ; n by insetting Use Unit 46, Small Scale Production as
shown on Exhibit •A'" attached hereto and made 'a part hereof.
Section That the City Counct of Fayetteville Aikarisas hereby amends
er 66: Development by repealing th'eilrst paragraph of §t6.25) ar il
r� he>fblloY✓4n�e�guage= _,. p ,
§1r> '15(B A l `,4' 'Base design and development- sfanuardsapAly to
i
cpimpercIS deyelopmerfts office c(evelopments, Small Scale Prpddcaon,
those pSits`of a.Ptaiinec(zoAinglDIotri t -or other ,mixed ,use develop'fnents,. �.
wsh` colnrnerclaI and office elemepts and to industrial developments' within=
the}`540.0vedayplstnct -ate,-,
PASSED and APPROVED this 20th day of January, 2015
APP♦10yED -ATTEST:
-
' LiONELD JORDAN, Mayor SONDRA E SMITH, City Clerk/treasurer
zltibits for this ordinance may be viewed in theffice of the City Clerk/Treasurer.