HomeMy WebLinkAboutOrdinance 5526 ORDINANCE NO. 5526
AN ORDINANCE TO AMEND CHAPTERS 151, 156, 161, 164, 166, AND 174
OF THE UNIFIED DEVELOPMENT CODE TO REPEAL THE
REQUIREMENTS OF THE I-540 DESIGN OVERLAY DISTRICT AND
REVISE VARIOUS SECTIONS OF THE CODE ACCORDINGLY AND TO
AMEND THE BOARD OF ADJUSTMENT FINDINGS FOR VARIANCES TO
REFLECT STATE STATUTES
WHEREAS, in 1994 the City Council of the City of Fayetteville adopted Ordinance No.
3806, establishing the I-540 Design Overlay District, "to protect the distinctive scenic quality of
the U.S. 71 Highway Corridor, to address issues of traffic and safety, to address environmental
concerns and to preserve and enhance the economic value and viability of property within the
corridor'; and
WHEREAS, the I-540 Design Overlay District created building and landscaping
setbacks, greenspace, landscape standards and tree plantings in parking lots, aesthetic building
design and appearance standards, sign regulations that only allow monument style signs and a
prohibition on directly illuminated signs, curb cut separation requirements, screening of utility
equipment and trash enclosures, and so forth; and
WHEREAS, the City of Fayetteville has, since 1994, adopted city-wide Commercial and
Urban Residential Design Standards, comprehensive Landscape and Tree Preservation
ordinances, Access Management regulations, and other codes that take the place of or improve
upon the regulations set out in Ordinance No. 3806; and
WHEREAS, the usefulness of having a separate I-540 Design Overlay District in
addition to the current Unified Development Code regulations has been exhausted and at times
creates conflict or confusion with other applicable ordinances; and
WHEREAS, after a thorough analysis of the I-540 Design Overlay District Standards
and current ordinances of the Unified Development Code, the Planning Staff, Planning
Commission and City Attorney recommend the 1-540 Design Overlay District be repealed for its
original intended purpose and the requirements that should be retained to be inserted into the
appropriate chapters of the Unified Development Code,
Page 2
Ordinance No. 5526
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby amends
§151 Definitions of the Unified Development Code as shown in Exhibit"A"attached hereto.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends
§156 Variances of the Unified Development Code to repeal §156.02 Zoning Regulations and
replace it with the language shown in Exhibit`B"attached hereto.
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby repeals
§161.31 Design Overlay District (I-540 Highway Corridor) of the Unified Development
Code.
Section 4. That the City Council of the City of Fayetteville, Arkansas hereby amends
§164 Supplementary Zoning Regulations of the Unified Development Code to repeal §164.09
Fences, Walls and Vegetation and replace it with the language shown in Exhibit "C" attached
hereto.
Section 5. That the City Council of the City of Fayetteville, Arkansas hereby repeals
§166.14 Commercial Design and Development Standards and adopts §166.25 Commercial,
Office and Mixed-Use Design and Development Standards as shown in Exhibit "D" attached
hereto.
Section 6. That the City Council of the City of Fayetteville, Arkansas hereby amends
§174.08 Prohibited Signs to add the following:
"(M)I-540 Overlay District. It shall be unlawful to erect any pole sign within the
I-540 Overlay District. The only permitted free standing sign in the I-540
Overlay District shall be monument signs."
Section 7. That the City Council of the City of Fayetteville, Arkansas hereby amends
§174.09 Sign Illumination to add the following:
"(B) Only indirect illumination may be used for illumination of all signs within the I-540
Overlay District boundary."
PASSED and APPROVED this 18th day of September, 2012.
APPROVED: ATTEST:
I yOF ,G-Pi
U; FAYETIEViLLE.z'
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BYBy: ��: ,•�,
�I NELD , Mayor SONDRA E. SMITH, City Clerk/Tre '*ANS
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ADM 10-3554 Exhibit"A"
CHAPTER 151: DEFINITIONS
1-540 Overlay District. The Overlay District
encompasses all lands lying within 660 feet of each
side of the right-of-way of 1-540 from the intersection
of 1-540 and State Highway 471 (a/k/a 71B) north to
the city limits of Fayetteville, (a/k/a the 71 Bypass
and/or John Paul Hammerschmidt Expressway), and
also that portion known as State Highway 471S
described more fully as that portion of State Highway
471 which connects 1-540 to State Highway 471 (a/k/a
North College) and all future extensions of 1-540
within the City of Fayetteville. Said boundaries are
set out on the official plat pages along with a legal
description of such boundaries located in the Planning
Division.
Principal Fagade. The front plane of a building that
faces a public street including porches and balconies,
but not including stoops, awnings or canopies
(whether or not attached to the building).
1
ADM 10-3554 Exhibit"B"
CHAPTER 156: VARIANCES
156.02 Zoning Regulations
(A) General procedure. Variances of all zoning
regulations shall be considered and decided as
shown below by the Board of Adjustment. There
shall be no appeal to the City Council for zoning
regulation variances.
(B) Requirements for variance approval.
(1) Where strict enforcement of the zoning
ordinance would cause undue hardship due
to circumstances unique to the individual
property under consideration;
(2) Where the applicant demonstrates that the
granting of the variance will be in keeping
with the spirit and intent of the zoning
ordinance; and
(C) Minimum necessary variance. The Board of
Adjustment may only grant the minimum variance
necessary to make possible the reasonable use
of the applicant's land, building or structure.
(D) Special Conditions. In granting a zoning
regulation variance,the Board of Adjustment may
impose whatever special conditions found
necessary to ensure compliance and to protect
adjacent property.
(E) Non-permitted Uses. The Board of Adjustment
may not grant, as a variance, any use in a zone
that is not permitted under the zoning ordinance.
(F) Specific Tests. The Board of Adjustment shall
apply specific tests for the following variance
requests:
(1) Height variances in all districts. In addition to
meeting all other normal requirements for a
variance, an applicant seeking a height
variance must establish the increased height
of the proposed structure will not adversely
affect adjoining or neighboring property
owners, nor impair the beauty of Old Main,
the historical churches on Dickson Street
near East Avenue, nor otherwise impair the
historic beauty and character of Fayetteville.
2
ADM 10-3554 Exhibit"C'
CHAPTER 164: SUPPLEMENTARY
REGULATIONS
164.09 Fences, Walls, And Vegetation
(A) Subject to the provisions of §166.12, fences,
walls, and vegetation may be permitted in any
required building setback or any required setback
area, or along the edge of any setback, provided
the fence, wall, or vegetation does not materially
impede vision, as determined by the Zoning and
Development Administrator, between vehicular or
pedestrian traffic. In any required setback or any
required setback area, nothing permanent over
2'/: feet (30 inches) high may be installed which
materially impedes vision between vehicular or
pedestrian traffic.
(B) Fences. Fences may be permitted for screening,
security or for aesthetic purposes. The following
types, height, and location of fences shall be
prohibited for developments that are subject to
the regulations within this chapter:
(a) Razor and/or barbed wire. Razor and/or
barbed wire fences are prohibited if visible
from the street right-of-way or a residence,
unless and except barbed wire fences that
are used for agricultural purposes.
(b) Chain link. Chain link fence is prohibited if
closer to the street than the front of the
building. Single family residential uses
outside the Downtown Design Overlay
District are exempt from this requirement.
(c) Height of fences in front of buildings.
Fences located in front of the principal
fagade of a building may be solid up to 30
inches in height. Any part of a fence which
exceeds 30 inches in height shall not
obstruct the view of the principal fagade from
the right-of-way.
(Code 1965,App.A.,Art. 8(2); Ord. No. 1747, 6-29-70; Ord.
No.2380,9-20-77; Code 1991, §160.111; Ord. No.4100,§2
(Ex.A),6-16-98;Ord.5271,9-1-09)
3
ADM 10-3554 Exhibit"D"
CHAPTER 166: DEVELOPMENT
166. 25 Commercial, Office and Mixed Elements to Avoid
Use Design And Development Standards (b)
(A) Purposes.
(1) To protect and enhance Fayetteville's eal v ., <' ".
appearance, identity, and natural and (c;aj.
economic vitality.
li
(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 (2) A development which contains more than
economic development, by attracting one building should incorporate a recurring,
tourists, permanent part-time residents, new unifying, and identifiable theme for the entire
industries,and cultural facilities. development site, without replicating the
(4) To preserve the quality of life and integrate building multiple times.
the different zones and uses in a compatible (3) A development should provide compatibility
manner, and transition between adjoining
developments.
(5) To address the issues of traffic, safety, and
crime prevention. (4) All structures shall be architecturally
designed to have front facades facing all
(6) To preserve property values of surrounding adjacent street and highway rights-of-way,
property. and shall include at least one prominent
(7) To provide good civic design and entry-way on the principal fagade(s).
arrangement. (5) All buildings should be constructed of wood,
(B) Applicability. These design and development masonry,or other similar durable material.
standards apply to commercial developments,
office developments, those parts of a Planned (D) Site Development and Design Standards.
Zoning District or other mixed use developments
with commercial and office elements and to (1) Site coverage. A maximum of 80% of the
industrial developments within the 1-540 Overlay development site may be covered by the
District. ground floor of any structure, parking lots,
sidewalks, and private streets and drives or
(C) Building Exterior Appearance and Design any other impermeable surface. Properties
Standards. The following exterior development located within the Downtown Master Plan
standards and design element guidelines shall be boundary are exempt from this requirement.
followed:
(2) Driveways. Shared drives and cross access
(1) The elements to avoid or minimize include: between properties shall be encouraged to
adjacent developed and undeveloped
(a) Unpainted concrete precision block properties.
walls;
(b) Square"boxlike"structures; (3) Mechanical and utility equipment and refuse
containers shall be screened if visible from
(c) Metal siding which dominates the the highway/street right-of-way or from
principal facade; residential property as set forth below:
(d) Large blank, unarticulated wall surfaces; (a) Mechanical and utility equipment.
(i) All mechanical and utility equipment
located on the wall and/or on the
ground shall be screened with
4
vegetation, by incorporating garden supplies, etc. shall not be
screening into the structure, or by required to be screened as set forth in
utilizing paint schemes that subsection (a) above.
complement the building and
screen the equipment. (5) Non-residential uses adjacent to residential
uses. The Planning Commission or Planning
(ii) All roof mounted utilities and Division may require non-residential uses,
mechanical equipment shall be including parking lots associated with said
screened by incorporating uses, to be screened from adjacent
screening into the principal residential uses, as set forth below:
structure utilizing materials and
colors compatible with the (a) A buffer strip, fence, or screen wall that
supporting building. is required shall be constructed and
maintained on the zoning lot containing
(b) Refuse containers. Refuse containers or proposed to contain such use, in
shall be screened with materials that are accordance with provisions of this
compatible with and complementary to chapter.
the principal structure, with access to
the refuse containers not visible from (b) Buffer Strip. The purpose of the buffer
the street. Containers may be screened strip is to provide separation and
from view by the principal structure; by a enclosure of uses. The landscaped
permanent walled or fenced enclosure; buffer strip shall consist of a strip of land
or with appropriate vegetation, planted at least 8 feet wide adequately
at a density and size sufficient to be landscaped with approval of the Urban
view obscuring immediately from the Forester, entirely on the zoning lot which
date of planting; so long as the is required to provide the buffer strip,
screening is maintained and loose trash and so located as to serve as an
does not litter the ground or become an effective buffer between the use
environmental nuisance. required to provide the buffer strip and
other property for whose protection the
(4) Outdoor storage of material and equipment buffer strip is required. The buffer strip
shall be screened if visible from the should extend along the full length of the
highway/street right-of-way or from boundary separating the zoning lot from
residential property as set forth below: such other property, or from the street,
as the case may be.
(a) At the expense of the owner or lessee of
the property, and in all zones, the (c) Fence required. The purpose of the
following uses shall be completely fence is to enclose uses. Required
surrounded by a view obscuring fence fences shall not be less than six (6)feet
or by view obscuring vegetation, or a high, constructed of good, substantial
combination of the two, of sufficient material, of first-class workmanship, and
height to prevent the view of the so erected as to resist wind pressure,
premises from vehicular and pedestrian ensure public safety, and present a
traffic on adjacent streets: outdoor neat, attractive uniform appearance,
storage yards, including but not limited
to, auto salvage yards, scrap metal (d) Screen required. The purpose of the
yards, used furniture yard and garbage screen is to conceal uses. Screening
dumps. shall mean a view obscuring fence,view
obscuring berm, view obscuring
(b) Where vegetation is used to meet the architectural treatment, or view
requirements of this subsection, the obscuring vegetation, or combination
vegetation shall be planted at a density thereof, of sufficient height to prevent
sufficient to become view obscuring the view of the screened items from
within two years from the date of vehicular and pedestrian traffic on
planting. If vegetation planted under adjacent streets, and from residential
this subsection does not become view- property. Vegetation shall be planted at
obscuring within two years, a view- a density sufficient to become view
obscuring fence shall be installed. obscuring within two years from the date
(c) Exceptions: The outdoor display of of planting.
materials or equipment solely for sale or (6) Mini-storage. At the expense of the owner of
lease, such as automobiles, seasonal the property, all storage units and storage
5
yards for mini-storage created under Use (2) Build out. Upon approval of a development,
Unit 38 shall be required to be screened by or issuance of a building permit, build-out of
view obscuring vegetation when the storage the project shall conform to the drawings,
yards or the storage units have common information,and plans approved.
property lines with any residential use or
zone and when they have frontage on any (a) Amendments. Amendments to the
public street. Vegetation used for screening drawings, information, and plans shall
purposes shall be planted at a density be submitted to the planning division.
sufficient to become view obscuring within Amendments which are determined to
two years from the date of planting and it be insignificant or minor may be
shall be the responsibility of the property approved by the Planning Division.
owner to maintain the screening throughout Significant amendment shall be
the life of the use of the property as mini- approved by the Planning Commission
storage. when approval was given through the
large scale development process, or by
(E) Design review. the planning division when approval was
given through the building permit
(1) Submittals. The following drawings, process.
information, and plans shall be submitted to
the Planning Commission or Planning (b) Review. Amendments shall be
Division for design review and approval with considered using the same standards as
the associated development application, the initial design approval.
when applicable;
(c) Noncompliance. Failure to build-out the
(a) Elevations. Color rendered elevation project according to the approved
drawings of all building facades and a drawings, information, and plans, or
description of external building approved amendments thereto, shall
materials. Labels and dimensions, render the large scale development
where applicable, shall accompany approval, or the building permit approval
changes in texture, plane, material or void.
color.
(F) Variances. (See Chapter 156.)
(b) Materials sample. A sample of exterior
materials to be used for the proposed (Code 1991, §160.124; Ord. No. 4004, §1, 10-15-96; Ord.
structure that indicates texture, color No. 4100, §2 (Ex. A), 6-16-98; Ord. 4917, 9-05-06; Ord,
and type of materials. 4930, 10-03-06;Ord. 5028,6-19-07;Ord.5271,9-1-09)
(c) Landscaping. Proposed landscaping to Cross references)--Specific Districts
§161.13
be used as screening shall be shown on
the tree preservation plan and
landscape plan.
B
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
9/18/2012
City Council Meeting Date
Agenda Items Only
Jeremy Pate Planning Development Services
Submitted By Division Department
Action Required:
ADM 10-3554: 1-540 Design Overlay District and Board of Adjustment Variance Findings. The request is to amend the
Unified Development Code to repeal the 1-540 Design Overlay District and consolidate certain related regulations into
other sections of the UDC, and to amend the Board of Adjustment findings for variances to reflect state statutes.
Cost of this request Category/Project Budget Program Category/Project Name
Account Number Funds Used to Date Program 1 Project Category Name
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution#
Department Director Date
Original Contract Date:
i
2�1L
Original Contract Number:
City Attorne`y� Date
TWA a . & L- a-2.012- _ .
Finance and Internal Services Director Date Received in City
Clerk's Office
C ief of aff Date Ff2E
Received in
Mayors Office
311
ayor Date
Comments:
Revised January 15,2009
Page left intentionally blank
Ta7
THE CITY OF FAYETTEVILLE,ARKANSAS
DEPARTMENT CORRESPONDENCE
ARKANSAS
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan, City Council
Thru: Don Marr, Chief of Staff
From: Jeremy Pate, Development Services Director
Date: August 27, 2012
Subject: ADM 10-3554: 1-540 Design Overlay District and Board of Adjustment Variance Amendments
RECOMMENDATION
Staff and the Planning Commission recommend approval of an ordinance to consolidate the I-540 Design
Overlay District requirements into other sections of the UDC, and eliminate requirements that are not consistent
with current development regulations. The City Attorney has also worked with staff since the Planning
Commission reviewed this proposal to fine-tune the language and to add amendments to the Board of
Adjustment requirements for approving a variance, consistent with state statutes related to variances.
BACKGROUND
The City of Fayetteville adopted the Design Overlay District (I-540 Highway Corridor) in 1994 to protect and
enhance the distinctive scenic quality for the 1-540 Highway Corridor and to address traffic, safety, and
environmental concerns. The regulations included in this district (1-540 DOD) for all nonresidential
development have led to the adoption of other development regulations in subsequent years that are
administered to all properties in the City of Fayetteville, including the Commercial Design and Development
Standards, Street Design and Access Management Standards, Landscape Regulations, and pedestrian safety
requirements in various sections of the Unified Development Code. The 1-540 DOD served a valuable purpose
for many years in a visible and environmentally sensitive area of the City until other sections of the Unified
(UDC) were created or updated. Over the past decade or so new standards have left a majority of the 1-540
DOD requirements redundant or outdated. Most of the 1-540 DOD requirements are now covered in other
sections of the UDC and apply throughout the City. However, some of the 1-540 DOD requirements are slightly
different than requirements in other areas of the City. In staffs opinion, this leads to inconsistent development
requirements without substantial benefits. Some of these conflicts are:
The curb cut distance requirements in the I-540 DOD are now addressed with a more comprehensive
access management code (UDC 166.08);
The 25-foot greenspace requirement adjacent to streets are now addressed under the consolidated
landscape regulations (UDC 177) which require 15-foot greenspace;
THE CITY OF FAYETTEVILLE,ARKANSAS
The 25% overall site greenspace requirement in the I-540 DOD is now addressed under the Commercial
Design and Development Standards (UDC 166.14);
Commercial Design and Development Standards (UDC 166.14) address the design of a commercial
building's fagade and site layout, and differ somewhat from the 1-540 DOD;
• A consolidated sign ordinance (UDC 174) contains all free-standing and wall sign regulations in the
city, with the exception of the I-540 DOD, which often leads to confusion for applicants; and
Variances from the I-540 DOD have a different set of parameters than typical variances, and thus are a
source of confusion when proposed
Staff recommends that the redundant I-540 DOD requirements be eliminated and the existing applicable
standards included in select chapters of the UDC.
One I-540 DOD standard that remains important, in terms of the viewshed of the area, is the prohibition on tall
pole signs. Staff recommends this regulation remain, but be moved to Chapter 174 Signs, a more appropriate
location to find a sign ordinance requirement. In addition, staff recommends the re-organization of the
Commercial Design Standards ordinance to reflect its true application to commercial, office and mixed-use
development, and also to industrial development within the original I-540 overlay district boundary, an
amendment made by the Planning Commission.
Since the time of the Planning Commission recommendation, the City Attorney has worked with staff to
address some legal concerns related to the original draft ordinance. When approved by the Planning
Commission, the Commercial Design Standards were drafted to also apply to institutional development, such as
schools and churches, a practice that is common in the state and region. However, the City Attorney has stated
concerns with applying an aesthetic design standard to public schools and churches; after several unsuccessful
attempts to address these issues, staff has elected to present the City Attorney's recommended ordinance
language.
Finally, Ch. 156 of the Unified Development Code pertaining to zoning variances has been completely rewritten
by the City Attorney's office and included in this proposal. This amendment is simply to reflect current state
statutes related to zoning variances, which is entirely controlled by those statutes, in terms of who may hear and
decide zoning variances, and what factors may be considered in the final decision.
SUMMARY
The proposal to eliminate Chapter 161.28 Design Overlay District (I-540 Highway Corridor) and to include
some requirements in other sections of the UDC is summarized below and attached in full to this staff report:
Chapter Section Description
- Include the definition of the overlay district
151.01 Definitions boundaries for signage purposes and to apply design
standards to industrial developments within
- Modify the definition for Principal Fagade
- Strike the section I-540 DOD variance; remove
156.02 Variances Planning Commission consideration for any zoning
related variances; rewrite zoning variance findings
161.31 Zoning Regulations - Strike the I-540 DOD section
164.09 Fences, Walls, - Relocate fence standards from commercial design
THE CITY OF FAYETTEVILLE, ARKANSAS
Vegetation
standards to supplementary regulations
166.14
Commercial Design and
- Move to 166.25, modify applicability, site coverage,
Development Standards
and other standards as needed
174.08
Prohibited Signs
- Keep the I-540 DOD pole sign prohibition and
relocate to the Sign chapter.
174.09
Sign Illumination
- Keep the indirect illumination requirement in the I-
540 DOD
On April 26, 2010 the Planning Commission voted 5-3-0 in favor of a recommendation of approval for ADM
10-3554. The primary discussion point (and reason for the split vote) was the application of aesthetic design
standards to churches and public schools. Based on the City Attorney's stated concerns, three of the Planning
Commissioners were not in favor of applying aesthetic design standards to public schools and churches, while
five felt that these uses could meet those tests. In the intervening time period, staff has worked with the City
Attorney's office in an attempt to find a middle ground for application of some design standards for churches
and public schools, so that they are treated equitably; many churches and schools are large in nature, and in
prevalent locations, greatly impacting the City's appearance. Staff was unsuccessful at presenting a case for this
application, and has made the attached proposal without standards for these institutional uses. This means that
buildings that are constructed for public schools and churches will not be reviewed for aesthetic design
considerations. Staff is recommending in favor of the changes herein.
BUDGET IMPACT
None.
a ettvi1e Departmental Correspondence
ARXANSA5
Kit Williams
City Attorney
TO: Mayor Jordan Jason B. Kelley
Assistant City Attorney
City Council
CC; Jeremy Pate, Development Services Directo
FROM: Kit Williams, City Attorney
�.
DATE: August 30, 2012
RE: Church and School aesthetics
I would like to thank Planning Staff for considering my legal and
constitutional concerns about trying to apply aesthetic judgments of the City of
Fayetteville to the construction of public schools and churches.
By law, public school construction (and its aesthetics) are controlled
not only by its elected school board, but also by the Arkansas Department of
Education and its Academic Facilities Master Plan Program. A.C.A. §6-21-806. I
believe it is inappropriate and possibly not statutorily allowed to attempt to
"overrule" the decisions of the Fayetteville or Farmington School Board and the
statutorily mandated Academic Facilities Master Plan Program by applying
different City aesthetic standards for public school construction.
Freedom of religion and its expression is one of the constitutional bedrocks
of the United States. Many churches, temples and mosques are instantly
recognizable as the religious buildings they are. Thus, many religious buildings
are the representation and symbol of the religious beliefs and faiths of their
members. I believe, therefore, that the government should not place aesthetic
requirements or limitations on such churches or other religious houses of worship.
I believe that any government regulation or restriction about how a church should
look would impose an improper government restriction on the religious freedom of
expression of the church members.
The City remains empowered and authorized to enforce building permit
requirements (plumbing, electrical, structural, etc.) grading, drainage, tree
preservation, etc. for public school and church construction. It is only the
aesthetic component for public schools and churches that I believe is legally or
constitutionally suspect.
If anyone wishes to review my nine page memo on this subject citing cases
and statutes, please ask me for a copy. I will certainly also try to answer any
questions you might have relevant to my legal concerns about applying aesthetics
considerations to churches and public schools.
I also agree with Jeremy and Planning about revising the Board of
Adjustment code sections to more directly mirror state law for its powers and
duties.
F4
ORDINANCE NO.
AN ORDINANCE TO AMEND CHAPTERS 151, 156, 161, 164,
166, AND 174 OF THE UNIFIED DEVELOPMENT CODE TO
REPEAL THE REQUIREMENTS OF THE I-540 DESIGN
OVERLAY DISTRICT AND REVISE VARIOUS SECTIONS OF
THE CODE ACCORDINGLY AND TO AMEND THE BOARD
OF ADJUSTMENT FINDINGS FOR VARIANCES TO
REFLECT STATE STATUTES
WHEREAS, in 1994 the City Council of the City of Fayetteville adopted Ordinance No.
3806, establishing the I-540 Design Overlay District, "to protect the distinctive scenic quality of
the U.S. 71 Highway Corridor, to address issues of traffic and safety, to address environmental
concerns and to preserve and enhance the economic value and viability of property within the
corridor"; and
WHEREAS, the I-540 Design Overlay District created building and landscaping
setbacks, greenspace, landscape standards and tree plantings in parking lots, aesthetic building
design and appearance standards, sign regulations that only allow monument style signs and a
prohibition on directly illuminated signs, curb cut separation requirements, screening of utility
equipment and trash enclosures, and so forth; and
WHEREAS, the City of Fayetteville has, since 1994, adopted city-wide Commercial and
Urban Residential Design Standards, comprehensive Landscape and Tree Preservation
ordinances, Access Management regulations, and other codes that take the place of or improve
upon the regulations set out in Ordinance No. 3806; and
WHEREAS, the usefulness of having a separate I-540 Design Overlay District in
addition to the current Unified Development Code regulations has been exhausted and at times
creates conflict or confusion with other applicable ordinances; and
WHEREAS, after a thorough analysis of the I-540 Design Overlay District Standards
and current ordinances of the Unified Development Code, the Planning Staff, Planning
Commission and City Attorney recommend the I-540 Design Overlay District be repealed for its
original intended purpose and the requirements that should be retained to be inserted into the
appropriate chapters of the Unified Development Code,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby amends
§151 Definitions of the Unified Development Code as shown in Exhibit "A" attached hereto.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends
§156 Variances of the Unified Development Code to repeal § 156.02 Zoning Regulations and
replace it with the language shown in Exhibit "B" attached hereto.
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby repeals
§161.31 Design Overlay District (I-540 Highway Corridor) of the Unified Development
Code.
Section 4. That the City Council of the City of Fayetteville, Arkansas hereby amends
§164 Supplementary Zoning Regulations of the Unified Development Code to repeal §164.09
Fences, Walls and Vegetation and replace it with the language shown in Exhibit "B" attached
hereto.
Section 5. That the City Council of the City of Fayetteville, Arkansas hereby repeals
§166.14 Commercial Design and Development Standards and adopts §166.25 Commercial,
Office and Mixed -Use Design and Development Standards as shown in Exhibit "D" attached
hereto.
Section 6. That the City Council of the City of Fayetteville, Arkansas hereby amends
§ 174.08 Prohibited Signs to add the following:
"(M) 1-540 Overlay District. It shall be unlawful to erect any pole sign within the
I-540 Overlay District. The only permitted free standing sign in the I-540
Overlay District shall be monument signs."
Section 7. That the City Council of the City of Fayetteville, Arkansas hereby amends
§174.09 Sign Illumination to add the following:
"(B) Only indirect illumination may be used for illumination of all signs within the I-540
Overlay District boundary."
PASSED and APPROVED this day of , 2012.
APPROVED:
M
ATTEST:
mM►
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
ADM 10-3554 Exhibit "A"
CHAPTER 151: DEFINITIONS
1-540 Overlay District. The Overlay District
encompasses all lands lying within 660 feet of each
side of the right-of-way of 1-540 from the intersection
of 1-540 and State Highway 471 (a/k/a 71 B) north to
the city limits of Fayetteville, (a/k/a the 71 Bypass
and/or John Paul Hammerschmidt Expressway), and
also that portion known as State Highway 471S
described more fully as that portion of State Highway
471 which connects 1-540 to State Highway 471 (a/k/a
North College) and all future extensions of 1-540
within the City of Fayetteville. Said boundaries are
set out on the official plat pages along with a legal
description of such boundaries located in the Planning
Division.
Principal Fa�ade. The front plane of a building that
faces a public street including porches and balconies,
but not including stoops, awnings or canopies
(whether or not attached to the building).
ADM 10-3554 Exhibit "B"
CHAPTER 156: VARIANCES
156.02 Zoning Regulations
(A) General procedure. Variances of all zoning
regulations shall be considered and decided as
shown below by the Board of Adjustment. There
shall be no appeal to the City Council for zoning
regulation variances.
(B) Requirements for variance approval.
(1) Where strict enforcement of the zoning
ordinance would cause undue hardship due
to circumstances unique to the individual
property under consideration;
(2) Where the applicant demonstrates that the
granting of the variance will be in keeping
with the spirit and intent of the zoning
ordinance; and
(C) Minimum necessary variance. The Board of
Adjustment may only grant the minimum variance
necessary to make possible the reasonable use
of the applicant's land, building or structure.
(D) Special Conditions. In granting a zoning
regulation variance, the Board of Adjustment may
impose whatever special conditions found
necessary to ensure compliance and to protect
adjacent property.
(E) Non -permitted Uses. The Board of Adjustment
may not grant, as a variance, any use in a zone
that is not permitted under the zoning ordinance.
(F) Specific Tests. The Board of Adjustment shall
apply specific tests for the following variance
requests:
(1) Height variances in all districts. In addition to
meeting all other normal requirements for a
variance, an applicant seeking a height
variance must establish the increased height
of the proposed structure will not adversely
affect adjoining or neighboring property
owners, nor impair the beauty of Old Main,
the historical churches on Dickson Street
near East Avenue, nor otherwise impair the
historic beauty and character of Fayetteville.
ADM 10-3554 Exhibit "C"
CHAPTER 164: SUPPLEMENTARY
REGULATIONS
164.09 Fences, Walls, And Vegetation
(A) Subject to the provisions of §166.12, fences,
walls, and vegetation may be permitted in any
required building setback or any required setback
area, or along the edge of any setback, provided
the fence, wall, or vegetation does not materially
impede vision, as determined by the Zoning and
Development Administrator, between vehicular or
pedestrian traffic. In any required setback or any
required setback area, nothing permanent over
2%: feet (30 inches) high may be installed which
materially impedes vision between vehicular or
pedestrian traffic.
(B) Fences. Fences may be permitted for screening,
security or for aesthetic purposes. The following
types, height, and location of fences shall be
prohibited for developments that are subject to
the regulations within this chapter:
(a) Razor and/or barbed wire. Razor and/or
barbed wire fences are prohibited if visible
from the street right-of-way or a residence,
unless and except barbed wire fences that
are used for agricultural purposes.
(b) Chain link. Chain link fence is prohibited if
closer to the street than the front of the
building. Single family residential uses
outside the Downtown Design Overlay
District are exempt from this requirement.
(c) Height of fences in front of buildings.
Fences located in front of the principal
fagade of a building may be solid up to 30
inches in height. Any part of a fence which
exceeds 30 inches in height shall not
obstruct the view of the principal fagade from
the right-of-way.
(Code 1965, App. A., Art. 8(2); Ord. No. 1747. 6-29-70; Ord.
No. 2380, 9-20-77; Code 1991, §160.111; Ord. No. 4100, §2
(Ex A), 6-16-98; Ord. 5271, 9-1-09)
ADM 10-3554 Exhibit "D"
CHAPTER 166: DEVELOPMENT
166. 25 Commercial, Office and Mixed
Use Design And Development Standards
(A) Purposes.
Elements to Avoid
(b)
(1) To protect and enhance Fayetteville's ta.d}I
appearance, identity, and natural and `I t`d]
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, 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;
(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.
(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 fa�ade(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
4
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 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.)
(Code 1991, §160.124; Ord. No. 4004, §1, 10-15-96; Ord.
No. 4100, §2 (Ex. A), 6-16-98; Ord. 4917, 9-05-06; Ord.
4930, 10-03-06; Ord. 5028, 6-19-07; Ord. 5271, 9-1-09)
Cross reference(s)--Specific Districts
§161.13
Planning Commission Minutes
Planning Commission
April26, 2010
Page 7 of 10
New Business:
ADM 10-3554: Administrative Item (UDC AMENDMENT CH. 160.28, 1-540 CORRIDOR
DESIGN OVERLAY DISTRICT): Submitted by CITY PLANNING STAFF for revisions to
Fayetteville Unified Development Code Section 161.28, I-540 Design Overlay District. The proposed
code changes consolidate the I-540 Design Overlay District requirements into other sections of the
UDC, and eliminate requirements that are not consistent with current development regulations.
Dara Sanders, Current Planner, gave the staff report. She discussed the background for the I-540
Design Overlay District. The proposed code changes address conflicting areas in the code including
curb cuts, 25 -foot greenspace, and 25% greenspace. All of these exceed the requirements in other
chapters. Staff proposes to keep pole sign restrictions. Sanders reviewed the changes to the proposal
since the agenda session including the requirement that industrial buildings are not exempt from
commercial design standards in the I-540 DOD. Sanders summarized the overall proposal as listed in
the chart in the staff report.
There was no public comment.
Commissioner Chesser asked about commercial design standards being vague. He went through the
design standards currently in the code.
Commissioner Lack discussed that this conversation is beyond the scope of this project.
Andrew Garner, Senior Planner suggested that if the commissioners wish, staff could look at
evaluating and potentially changing the commercial design standards as part of a different code
amendment in the future.
Commissioner Hoskins inquired about an industrial building next to a commercial building.
Sanders stated that industrial uses in the I-540 DOD are subject to commercial design standards and
that the proposal before the planning commission would not change that.
Kit Williams, City Attorney, discussed concerns with the legal reaches of applying design standards to
public schools and churches. He discussed religious expression in the design of buildings and
aesthetics. He recommends we do not include churches in design standards. He also recommends that
public schools not be included either.
Commissioner Lack stated with churches, looking at the five criteria of commercial design standards,
he has trouble seeing any of the commercial design standards limiting expression of faith, only
regulating a few issues.
Williams went through some of the other standards listed in the commercial design standards besides
the five criteria. It's just a fundamental problem when we regulate the design of churches.
Traditionally the state has not regulated aesthetics of a church.
Planning Commission
April26, 2010
Page 8 of 10
Commissioner Lack asked Williams if our downtown design overlay district (DDOD) results in the
same issue as churches have to comply.
Williams answered yes. He stated that he had concerns when the DDOD went through. He doesn't
think we should regulate aesthetics.
Commissioner Lack asked about whether there are legal issues where churches are required to a
conditional use permit and the design of a church is determined to be compatible with surrounding
uses.
Williams responded that churches in a residential district may not be appropriate. He discussed further
the purpose of aesthetics in the construction a church.
Commissioner Lack asked about proposed subsection (2)(d) that discusses that facades adjacent to a
street need to be designed with elements similar to a front facade. If a building faces a street, would
that requirement also apply to the sides of the building that are visible from the street?
Sanders explained that it would apply to the facade directly facing the street, and wouldn't apply to the
sides of the structure. This requirement wouldn't preclude back of house activities such as loading
docks or back doors, however it may require wrapping a similar color or pilaster from the front facade
around to the other side of the building that faces a second street frontage.
Commissioner Lack stated that he would like to see the commercial design standards apply to all
facades when visible from street, not just when the facade directly faces the street.
Commissioner Hoskins asked about chapter 166.14(2) referring to similar buildings to the left and
right.
Williams stated that staff is proposing to expand the commercial design standards from the current
standards.
Commissioner Chesser asked if that architecturally designed meant that it had to be designed by an
architect?
Sanders said that an architect is not required.
Commissioner Chesser asked if a Jehovah's Witness wanted to build and their standard design is
without windows was in violation.
Sanders said that churches would be able to ask for variances if they don't meet the design standards.
Williams stated they must show a hardship on the site in order to be granted a variance.
Commissioner Cabe said that a lack of windows doesn't necessarily mean that it is a blank facade;
Planning Commission
April26, 2010
Page 9 of 10
there could be other elements that articulate the facade. Churches are built differently nowadays and
are not the typical traditional church building anymore. He is real comfortable with the way the code is
proposed. He is okay applying the code to churches and schools.
Commissioner Winston stated that there is a variance process and discussed that the variance process
could be set up where a variance could be permitted when aesthetic issues would create a religious
hardship.
Commissioner Chesser stated that he feels we should really consider legal council's advice.
Garner discussed that the overall intent of this proposal from staff was to eliminate the redundant and
unnecessary items in the I-540 DOD; the design standards for churches and schools was a secondary
item that was folded into proposal. If the design standard for churches and schools is the only issue the
commission is struggling with, and can't agree on, staff would prefer to move this item forward and
leave out the design standard for churches and schools, and address that at a later time.
Commissioner Cabe would appreciate memos and cases from legal council on this topic.
Commissioner Lack discussed again that he doesn't see why the five elements in commercial design
standards discriminate against a church, and would like to see that as well from the City attorney.
Motion #1:
Commissioner Chesser made a motion to forward to City Council, striking the changes from
commercial to non-residential, and discussing that we can take up the issue regarding churches and
schools at a later date. The motion was not seconded and was withdrawn after commission and
staff discussion.
Motion #2:
Commissioner Cabe made a motion to forward to City Council as recommended by staff,
Commissioner Earnest seconded the motion.
Commissioner Kennedy had a question about "architecturally" designed.
Commissioner Cabe amended his motion to strike "architecturally" from Chapter 166.14 2.d
Commissioner Earnest seconded the change.
Commissioner Winston asked if a school has design standards.
Williams said that, no, the school board approves plans that are designed by an architect.
Upon roll call the motion to forward to City Council passed with a vote of 5-3-0 with
Commissioners Lack, Bunch and Chesser voting "no".
Ordinance No. 3806
Original I-540 Design Overlay District
June 28, 1994
4
ORDINANCE NO. 3806
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AN ORDINANCE ESTABLISHING A DESIGN OVERLAY
DISTRICT FOR THE U.S. 11 HIGHWAY CORRIDOR; AND
AMENDING CHAPTER 160, ZONING CODE, OF THE
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FAYETTEVILLE CODE OF ORDINANCES TO ADD
5
REGULATIONS AND STANDARDS FOR THE DESIGN
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3
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OVERLAY DISTRICT FOR THE U.S. 71 HIGHWAY CORRIDOR
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WHEREAS, the City Council recognizes the distinctive scenic importance of the U.S. 71
Highway Corridor; and,
WHEREAS, the City Council wishes to address the impact of the rapid growth along the
U.S. 71 Highway Corridor upon the health, safety and welfare of the general public; and,
WHEREAS, the City Council wishes to protect the environment and the natural resources
located along the U.S. 71 Highway Corridor.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FAYETTEVILLE, ARKANSAS:
Section 1. There is hereby established a Design Overlay District for the U.S. 71 Highway
Corridor.
Section2. That Chapter 160, Zoning Code, of the Fayetteville Code of Ordinances shall
be amended to add the following:
§160. 045
DESIGN OVERLAY DISTRICT.
A. Purpose. The purpose of establishing a Design Overlay District for the
U.S. 71 Highway Corridor is as follows:
1. To protect and enhance the distinctive scenic quality of the U.S. 71
Highway Corridor by providing for non-residential developments which will
maximize preservation and enhancement of the natural, rural, and open character of
the terrain and foliage.
2. To address the issues of traffic and safety.
3. To address environmental concerns which include but are not
limited to, soil erosion, vegetation preservation, drainage and heat islands.
4. To preserve and enhance the economic value and viability of property
within and near the overlay district for the U. S. 71 Highway corridor.
94042583
Ordinance No. 3806
Page 2
B. Overlay District Boundaries. The overlay district encompasses all lands
lying within 660' of each side of the right-of-way of U.S. Highway 71 from the
intersection of U.S. Highway 7l and State Highway 471 (a/k/a 71B) north to the City
limits of Fayetteville, (a/k/a the 71 Bypass and/or John Paul Hammerschmidt
Expressway), and also that portion know as State Highway 471 S described more fully
as that portion of State Highway 471 which connects U.S. Highway 71 to State
Highway 471 (a/k/a North College) and all future extensions of U.S. Highway 71
within the City of Fayetteville. Said boundaries are set out on the official plat pages
along with a legal description of such boundaries located in the Planning Office.
C. Application of Overlay District Regulations and Standards. The
regulations and standards contained herein shall apply to all non-residential properties,
(including but not limited to new development, redevelopment and expansions of
existing development), located within the Overlay District boundaries. Such
regulations and standards shall be in addition to and shall overlay all other ordinance
regulations and standards, including but not limited to non-residential zoning district
and signage regulations and standards. Should the regulations and standards of the
underlying and overlay districts conflict, the overlay district regulations and standards
shall control.
1. Setback From Right -of -Way. All principal and accessory non-
residential structures shall have a 50 foot building setback from the highway or street
right-of-way. Non-residential uses may reduce their building setback to 25 feet if
parking is not located between the structure and highway or street right-of-way.
3
2.O.W 94042584
M
Ordinance No. 1ROS
Page 3
2. Green Space. A minimum of 25 feet of landscaped green space
exclusive of right-of-way shall be provided along the highway right-of-way and any
public street to which the development has frontage. Parking lots shall not encroach
into the green space and shall be screened when abutting a required green space area.
Trees shall be planted at the interval of one tree per 30 linear feet of green space area
when practicable.
3. Parking Lou. All parking lots for non-residential development shall
have I tree per 10 parking spaces. Trees shall be placed uniformly within the parking
lot or in islands within the lot providing a minimum of 25 square feet of unpaved area
per tree. Parking lots shall be set back a minimum of five feet from any side property
line.
94049585
Ordinance No. 3806
Page 4
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4. Landscaping Treatment. Landscaping shall be required which is
sufficient to provide soil stability and promote suitable drainage. Landscaping shall
be primarily living plants and shall attempt to incorporate existing on -site trees and
shrubbery into the landscaping scheme and the landscaping plans shall indicate such
incorporation.
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94042586
Ordinance No. 3806
Page 5
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a. Any required landscaping that dies or is damaged shall be
replaced by the current owner of the property. Where possible, native vegetation
should be used in order to minimize the amount of watering required. The City shall
require replacement vegetation if it is not maintained.
b. Tree species planted within these corridors should be
consistent with other species present, preferably native. Trees shall be 1'/7" DBH at
planting with an expected height of 60' or more at maturity. Species selection shall
be at the discretion of the developer but if root or branching habits of plant material
should be a nuisance, (for example: roots breaking through the sidewalk, messy fruit,
etc.), plant materials shall be replaced at the owner's expense.
940425587
Ordinance No. 3806
Page 6
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5. Signage.
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a. Non -Residential Free Standing Signs.
1) Each separate non-residential lot will be allowed a
single ground -mounted (monument) sign located on the building site. In the case of
lots with double frontage, two ground -mounted (monument) signs shall be allowed.
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94042588
Ordinance No. 3806
Page 7
2) The sign shall be a maximum of 6 feet high, 75
square feet in area, and set back a minimum of 10 feet from the property line.
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b. Wall Signs. One wall sign may be installed per business.
Sign area shall not exceed 20% of that wall area or 200 square feet, whichever is less.
A second sign may be allowed if it is determined that the structure has more than one
front facing a street or highway right-of-way.
c. Illumination. Only indirect lighting may be used for
illumination of all signs.
94042589
Ordinance No. 3806
Page 8
d. Multiple Tenants. The owner of the building shall be
responsible for the provision of one monument sign with sign area for multiple
tenants.
e. Sign Content. Content of monument and wall signs shall
be limited to the name of the business. Advertising shall not be permitted on the
structure, wall sign or monument,
6. Curb Cuts. One curb cut shall be allowed per 200 feet of frontage.
No curb cuts shall be allowed within 250 feet of any intersection.
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94042590
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UTILITIC.3
Ordinance No. 3806
Page 9
7. Lighting. Parking lot lighting shall be designed and located in such
a manner to preserve the scenic appearance of the corridor. Lighting shall be shielded
and directed downward to the parking lot and light spread shall not reflect into the
adjacent neighborhood. Lighting shall not exceed 35 feet in height and shall utilize
sodium lighting fixtures.
S. Screening, All mechanical and utility equipment, trash enclosures,
and parking lots shall be screened in the following manner:
a. All mechanical and utility equipment on the side of the
building and/or on the ground shall be screened by fencing and/or vegetation if visible
from the highway/street right-of-way or residential property. Screening of roof -
mounted utilities shall be incorporated into the structure, utilizing materials
compatible with the supporting building.
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94042591
Ordinance No. 3806
Page 10
b. Trash enclosures shall be screened on three sides with the
access not visible from the street.
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c. Parking lots shall be screened by a four -foot high view -
obscuring landscaped berm, wall, landscaping, or combination of berm/wall and/or
landscaping. If view obscuring walls are utilized, they shall be set back a minimum
of 5 feet from the property line with landscaping located between the wall and
property line. All walls shall be constructed of wood, masonry, or natural -looking
materials.
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CoMbI ATiOLJ 94042592
Ordinance No. 3806
Page 11
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94042593
Ordinance No. 3806
Page 12
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94042594
Ordinance No. 3806
Page 13
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9. Exterior Appearance. All structures shall be architecturally
designed to have front facades facing all street and highway right-of-way. An
elevation drawing shall be submitted for each side of the building that faces a street
or highway.
10. Building Material. Buildings shall be constructed of wood,
masonry, or natural looking materials. No structures shall be allowed that have metal
side walls unless such metal siding is similar in appearance to wood, masonry or
natural looking material.
11. Site Coverage. Twenty five percent (25%) of the site shall be left
in open space. Eighty percent (80%) of the open space shall be landscaped which
may include ponds and fountains.
12. Utilities. Above ground utilities may be located at the rear
property line. In the event it is not feasible to place utilities at the rear property line,
utilities shall be placed underground.
13. Optional Fencing. All fencing shall be constructed of wood,
masonry, or natural -looking materials. No optional fencing shall be located within
the green space required by section D-2. No metal fencing shall be allowed except
in the following cases:
a. Wrought iron fencing.
94042595
Ordinance No. 3806
Page 14
b, If other types of metal fencing are necessary for security
purposes, they may be used if the area is first fenced off with a view -obscuring natural
or natural -looking fencing material. The metal fencing shall be placed inside the view -
obstructing fencing, and the view -obscuring fencing shall be at least the height of the
metal fencing.
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15. Access.
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14. Outdoor Storage of Material and Equipment. All outdoor storage
of material and equipment shall be screened with natural vegetation.
a. Pedestrian access shall be provided from the street to the
entrance of the structure by way of a designated trail or sidewalk.
b. Multi -modal access may be required on non-residential sites
within the Design Overlay District. (for example: the provision of bus stops, bicycle
racks, parking stalls for car pools, and bicycle and pedestrian walks and trails).
94042596
Ordinance No. 3806
Page 15
tic
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94042597
LikJr 2i1ftQCW ZULJL5 WITH Ttgl Lb
Ordinance No. 3806
Page 16
16. Plans/Drawings Required. The following plans and drawings shall
be submitted prior to large scale development review and approval.
a. Landscaping plan.
b. Screening elevation.
c. Front facade elevation.
d. Monument sign elevation.
e. Scaled drawings of signage.
f. Large scale development plan.
Drawings, plans and elevations may be combined when possible.
In the case of non-residential development involving multiple building sites,
whether on one or more platted lots, the above described regulations shall apply to
the development as an entire tract rather than to each platted lot.
All non-residential development within the Design Overlay District shall be
reviewed through the Large Scale Development procedure and shall meet all those
requirements regulating Large Scale Developments regardless of the size of the tract.
I. The purpose of this section is to authorize upon appeal in specific
cases such variances from the regulations of this design overlay district as will not be
contrary to the public interest, where, owing to special conditions, a literal
enforcement of the provisions of this chapter would result in unnecessary hardship.
A variance from the terms of this chapter shall not be granted by the Planning
Commission unless and until:
a. The applicant provides in writing from what section of the
Design Overlay District a variance is requested. This shall be submitted along with
the large scale development plan demonstrating:
94042598
Ordinance No. 3806
Page 17
1) That special conditions and circumstances exist
which are peculiar to the land, structure, building, and/or lot configuration involved
and which are not applicable to other lands, structures or building in the same district;
2) That literal interpretation of the provisions of the
chapter would deprive the applicant of rights commonly enjoyed by other properties
in the same district under the terms of this ordinance;
3) That the special conditions and circumstances do
not result from the actions of the applicant;
b. The Planning Commission shall make the following findings:
I) No nonconforming use of neighboring lands,
structures, or building in the same district, and no permitted or nonconforming use of
lands, structures, or buildings in other districts shall be considered grounds for the
issuance of a variance.
2) The Planning Commission shall make findings that
the requirements of this section have been met by the applicant for a variance;
3) The Planning Commission shall further make a
finding that the reasons set forth in the application justify the granting of the variance,
and that the variance is the minimum variance that will make possible the reasonable
use of the land, building, or structure;
4) The Planning Commission shall further make a
finding that the granting of the variance will be in harmony with the general purpose
and intent of this chapter, and will not be injurious to the neighborhood, or otherwise
detrimental to the public welfare.
2. The granting of any variance requested will not confer on any other land
any special privilege that is denied by this ordinance.
3. In granting any variance, the Planning Commission may prescribe
appropriate conditions and safeguards in conformity with this chapter. Violation of
such conditions and safeguards, when made a part of the terms under which the
variance is granted, shall be deemed a violation of this ordinance.
94042599
Ordinance No. 3806
Page 18
Section 3, SEVERABILITY. Should any paragraph, section, clause, phrase or part of this
ordinance, for any reason, be held invalid, such decision shall not affect the validity of the remaining
provisions of this ordinance and the application of those provisions to any person or circumstance
shall not be affected thereby.
Section 4. EMERGENCY CLAUSE. The City Council hereby finds and declares that as a
result of the current development pressures along U.S. 71 Highway corridor, that in order to protect
the health, safety and welfare of the citizens of the City, an emergency is hereby declared to exist and
this ordinance shall be in full force and effect from and after its passage and approval.
PASSED AND APPROVED this z 8tIday of June , 1994.
APPROVED:
By:
red Hanna, Mayor
ATTEST:
By:
Sherry . Thomas, City Clerk
94042600
t, Alma Kolfmsyer, Clreuf Cisrk and
Lit -officio Recorder for Washington County,
Arkansas, do h:r by certify that this In,
s:mmcnt vjca f.', d f; r « cord in my office
o Indicaicd .',c - r n xi I'r. ;- me rn now
duly recordc--_ _zkrtowlud;omcm
and ced;Uc - - ' s r'acord unok and
Page as ir.-. . rwn.
IN WITYn„ V;: -.r.=z c, I have hereunto
set my hand and afiix3cl the scat of said
Court on rho date indicated hereon.
Alma Kollmeyer
Circuit Clark and
&-officio Recorder
Ordinance Mark-up
UDC Amendments for ADM 10-3554 I-540 DOD (Mark Up)
CHAPTER 151: DEFINITIONS
m*wipat Facade. The front plane of a building that
fuss a publlc.streetittciliding porchasand bafeonl s,
but, not ihtltrrding stoops, awnings �r canopies
(whether or not attached to the building).
CHAPTER 156: VARIANCES
156.02 Zoning Regulations
(A) General procedure. Variances of all zoning
regulations shall be considered and decided as
shown below by the Board of Adjustment. There
shall be no appeal to the City Council for zoning
regulation variances.
(B) Requirements for variance approval.
(1) Where strict enforcement of the zoning
ordinance would cause undue hardship due
to circumstances unique to the individual
property under consideration;
(2) Where the applicant demonstrates that the
granting of the variance will be in keeping
with the spirit and intent of the zoning
ordinance; and
(C) Minimum necessary variance. The Board of
Adjustment may only grant the minimum variance
necessary to make possible the reasonable use
of the applicant's land, building or structure.
(D) Special Conditions. In granting a zoning
regulation variance, the Board of Adjustment may
impose whatever special conditions found
necessary to ensure compliance and to protect
adjacent property.
(E) Non -permitted Uses. The Board of Adjustment
may not grant, as a variance, any use in a zone
that is not permitted under the zoning ordinance.
(F) Specific Tests. The Board of Adjustment shall
apply specific tests for the following variance
requests:
(1) Height variances in all districts. In addition to
meeting all other normal requirements for a
variance, an applicant seeking a height
variance must establish the increased height
of the proposed structure will not adversely
affect adjoining or neighboring property
owners, nor impair the beauty of Old Main,
the historical churches on Dickson Street
near East Avenue, nor otherwise impair the
historic beauty and character of Fayetteville.
(Code 1965, App. A. 5 (VII (a)); Ord. No. 2148, 10-7-75; Ord.
No. 2351, 6-21-77; Ord. Na. 2362, 8-2-77; Ord. No. 1747, 6-
29-70; Code. 1991, §160.038(E); Ord. No. 4100, §2 (Ex. A),
6-16-98; Ord. No. 4293, 2-20-01; Ord. 4858, 4-18-06; Ord.
4863, 05-02-06; Ord. 5296,12-15-09)
CHAPTER 161: ZONING DISTRICTS
161.31 Dosign Overlay District (I 540
Highway Corridor Reserved
(1) To protoct and enhance the diolinctive
scenic quality of tho I 510 Highway Corridor
which win manimize procorvation and
enhancement of the natural, rural, and open
characteriof the ten'ain and foliage.
islands
PiMfl
uii
(1) Building material. Buildinge shall bo
constructed of wood, masonry, or natural
looking mthterials. No etnictures shall Do
allowed that have motal sido walls UNLESS
wood, masonry, or natural looking matorial.
(5) Site coverage. Twenty five
0
percent
tho site chall Do loft in open
ieuataias
epaco. Eighty
..
• :
Seouily Fence'
Parking LIX
Fencinn
Multi -modal Access
ce
Street —MI (Miens:
with the standards set forth in Ordinanpo No.
3806 ( 161.21) shall be considered pro
r.rrrar.-.c �-cr,-.a.rr•ar�r..�,� rsa.r••rc®�c�rvrar.�r.v eanr._
Pedestrian Sidewalk or Trail
fJ II Q (Commercial
D D101U10113 %
Pedestrian Linkages to Different Zones
CHAPTER 164: SUPPLEMENTARY
ZONING REGULATIONS
164.09 Fences, Walls, And Vegetation
(A) Subject to the provisions of §166.12, fences,
walls, and vegetation may be permitted in any
required building setback or any required setback
area, or along the edge of any setback, provided
the fence, wall, or vegetation does not materially
impede vision, as determined by the Zoning and
Development Administrator, between vehicular or
pedestrian traffic. In any required setback or any
required setback area, nothing permanent over
2% feet (30 inches) high may be installed which
materially impedes vision between vehicular or
pedestrian traffic.
(B) Fences. Fences may be permitted for screening,
security•or for aesthetic purposes. The following
types, height, and location of fences shall be
prohibited for developments that are subject to
the regulations within this chapter:
(a) Razor and/or barbed wire. Razor and/or
barbed wire fences are prohibited if visible
from the street right-of-way or a residence,
unless and except barbed wire fences that
are used for agricultural purposes.
(b) Chain link. Chain link fence is prohibited if
closer to the street than the front of the
building. Single family residential uses
outside the Downtown Design Overlay
District are exempt from this requirement.
(c) Height of fences in front of buildings.
Fences located in front of the principal
facade of a building primary stwstUre may
be solid up to 30 inches in height. Any part
of a fence which exceeds 30 inches in height
shall not obstruct the view of the principal
facade from the right-of-way.
(Code 1965, App. A., Art. 8(2); Ord. No. 1747, 6-29-70; Ord.
No. 2380, 9-20-77; Code 1991, §160.111; Ord. No. 4100, §2
(Ex. A), 6-16-98; Ord. 5271, 9-1-09)
CHAPTER 166: DEVELOPMENT
166.44 ® 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, 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 main
principal facade;
(d) Large blank, unarticulated wall surfaces;
(a) Largo out of scale signs with flashy
colors
Elements to Avoid
(b)
(2) A Oommorcial 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.
(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 fa�ade(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. Zoning
districts C 3, DC, MSC. and OG, and the I
5101 Design Ovorlay District 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.
setback. Ono -way drive pidoc may be
permitted within the cothack.
compatible with and complementary to
and I I genes From 50 feet to 25foot the principal structure, with access to
R 6 zeae Erom p t to 25 fOOL the refuse containers not visible from
I-2iBpe Fto rom 100 feetot the street. Containers may be screened
from view by the principal structure; by a
(1) Maintonanco of vegetation. Vegotation 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
tt
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.
(3) Mechanical and utility equipment and trash
enclosures 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. Mechanical and
utility oguipnient over 30 inthes in
height shall moot building sotbacks.
(b) Tsasg eas/esures Refuse containers.
Trash —enclosures —Refuse containers
shall be screened with materials that are
(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
zones 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
the life of the use of the property as mini -
chapter.
storage.
(b) Landscaped —area Buffer Strip. The
(E) Design review.
purpose of the buffer strip is to provide
separation and enclosure of uses. The
(1) Submittals. The following drawings,
landscaped buffer strip shall consist of a
information, and plans shall be submitted to
strip of land at least 42 8 feet wide
the Planning Commission or Planning
which shall be adequately landscaped
Division for design review and approval with
with approval of the Urban Forester,
large ecale development the associated
entirely on the zoning lot which is
development application, when applicable;
required to provide the buffer strip, and
so located as to serve as an effective
l iUJi. or bF
buffer between the use required to
provide the buffer strip and other
property for whose protection the buffer
strip is required. The buffer strip should
(a) Elevations. Color rendered elevation
shall extend along the full length of the
drawings of all building facades showing
boundary separating the zoning lot from
adjoining context and a description of
such other property, or from the street,
external building materials. Labels and
as the case may be.
dimerisidrii, where applicable, shall
accompany .changes in texture, plane;
(c) Fence required. The purpose of the
material orcolor.
fence shallbeis to enclose uses.
Required fences shall of: a wood or
(b) Materials sample. A sample of exterior
chain link type -'ti and wire not
materials to be used for the proposed
permitted) not be less than six (6) feet
structure that indicates texture, color
high, constructed of good, substantial
and type of materials.
material, of first-class workmanship, and
so erected as to resist wind pressure,
(c) Landscaping. Proposed landscaping to
ensure public safety, and present a
be used as screening shall be shown on
neat, attractive uniform appearance.
the tree preservation plan and
landscape plan.
(d) Screen required. The purpose of the
screen shall be is to conceal uses.
(2) Build out. Upon approval of a large-scale
Screening shall mean a view obscuring
development, or issuance of a building
fence, view obscuring berm, view
permit, build -out of the project shall conform
obscuring architectural treatment, or
to the drawings, information, and plans
view obscuring vegetation, or
approved.
combination thereof, of sufficient height
to prevent the view of the screened
(a) Amendments. Amendments to the
items from vehicular and pedestrian
drawings, information, and plans shall
traffic on adjacent streets, and from
be submitted to the planning division.
residential property. Vegetation shall be
Amendments which are determined to
planted at a density sufficient to become
be insignificant or minor may be
view obscuring within two years from the
approved by the Planning Division.
date of planting.
Significant amendment shall be
approved by the Planning Commission
(6) Mini -storage. At the expense of the owner of
when approval was given through the
the property, all storage units and storage
large scale development process, or by
yards for mini -storage created under Use
the planning division when approval was
Unit 38 shall be required to be screened by
given through the building permit
view obscuring vegetation when the storage
process.
yards or the storage units have common
property lines with any residential use or
(b) Review. Amendments shall be
zone and when they have frontage on any
considered using the same standards as
public street. Vegetation used for screening
the initial design approval.
purposes shall be planted at a density
sufficient to become view obscuring within
(c) Noncompliance. Failure to build -out the
two years from the date of planting and it
project according to the approved
shall be the responsibility of the property
drawings, information, and plans, or
owner to maintain the screening throughout
approved amendments thereto, shall
render the large scale development
approval, or the building permit approval
void.
(F) Variances- (See Chapter 156.)
(Code 1991. §160.124; Ord. No. 4004. §1, 10-15-96; Ord.
No. 4100. §2 (Ex. A), 6-16-98; Ord. 4917, 9-05.06; Ord.
4930, 10-03-06; Ord. 5028, 6-19-07; Ord. 5271, 9-1.09)
Cross reference(s)-Spec€fc Districts
§161.13
10
CHAPTER 174: SIGNS
174.08 Prohibited Signs
(5) No sign may be displayed or erected that
swings, rotates, flashes, fluctuates, or is
(A) Spot lights and beacons. It shall be unlawful for
illuminated, or in any other manner that
any person to continue in operation or erect any
would violate the provisions of §174.08.
attraction device or sign which contains a beacon
of any type and/or contains a spot light providing
(D)
Revolving, rotating, or moving signs. It shall be
direct illumination to the public,
unlawful for any person to erect or to continue
using any sign on the exterior of which revolves,
(B) Fluctuating illumination. It shall be unlawful for
rotates or otherwise moves, in whole or part.
any person to erect additional attraction devices
or signs or to continue in operation an attraction
(E)
Windblown signs. It shall be unlawful for any
device or sign which flashes, blinks, or is
person to display any windblown sign; provided,
animated. Illumination of attraction devices or
windblown signs may be displayed on a lot, at a
signs located in the city that fluctuates in light
shopping center, or at a mall one time per year
intensity shall be prohibited. Electronic message
for a period not to exceed 72 hours if a temporary
boards using flashing, intermittent or moving light
sign permit is first obtained from the Planning
or lights are prohibited, provided, however, that
Division upon payment of the appropriate fee;
electronic message boards displaying only time
provided further, one company flag shall be
and/or temperature for periods of not less than 30
permitted to be flown in conjunction with the
seconds are permitted. Electronic message
United States Flag or Arkansas Flag or both on a
boards may change their message every three
lot, at a shopping center, or mall.
hours without violating the prohibition of flashing
or blinking.
(F)
Signs that constitute a traffic hazard. No sign or
other advertising structure as regulated by this
(C) Portable swinger or temporary attraction sign
chapter shall be erected at the intersection of any
boards. It shall be unlawful for any person to
street in such a manner as to obstruct free and
continue to display or erect any portable swinger,
clear vision; or at any location where, by reason
"A" frame, sandwich, or temporary attraction sign
of the wording, position, shape, or color, it may
board in the city, except under the following
interfere with, obstruct the view of or be confused
conditions:
with any authorized traffic sign, signal or device.
(1) One (1) freestanding, "A" frame sandwich /
(G)
Use of vehicle as sign. It shall be unlawful to use
menu board for a single permitted eating
a vehicle or a trailer as a sign in circumvention of
establishment may be permitted on a
this chapter.
commercially zoned lot or on the adjacent
public or private sidewalk in front of the
(H)
Off -Site Signs. It shall be unlawful to erect any
respective business for the duration of the
off -site sign.
business' hours of operation. The temporary
sign shall be removed and placed inside
(I)
Roof Signs. Roof signs shall not be permitted.
after business hours.
(J)
Placing signs on private property. No signs shall
(2) The sign shall be placed such that the
be placed on any private property without the
sidewalk remains ADA compliant, and for
consent of the owner thereof.
signs located on the public sidewalk there
shall be a minimum of five feet of the total
(K)
Placing signs on trees. No signs shall be placed
sidewalk width free and clear, to provide
or painted on any tree within the city's right -of -
adequate and unobstructed pedestrian
way or property.
movement.
(L)
Placing signs on utility poles. No signs shall be
(3) The permitted sign shall only advertise for
placed on any utility pole except for utility
the adjacent eating establishment, and is to
identification or similar purposes.
be utilized for display of menu items or
advertised specials. The sign may not be
(M)
1-540 Overlay District. It shall be unlawful to erect
utilized for product placement or to advertise
any pole sign, within the 1-540 Overlay District.
for other commercial or business
The only permitted free standing sign in the 1-540
establishments.
Overlay District shall be monument signs.
(4) The size of the sign shall be limited to 36" tall
by 24" wide.
11
174.09 Sign Illumination
(A) Direct illumination by incandescent light
bulbs shall be restricted to light bulbs rated
at 150 watts or less.
(B) Only itl€rest Iilutn?nation rnaybe.used fur
rllumn nation of -all :signs wid In the 1.540
C Ierl3y D1a)rjdt Si'oun lq 4.
12
NORTHWEST ARKANSAS DEMOCRATGAZETTE
INARKANSAS THE MORNING NEWS OF SPRINGDALE
N EWSPAPE16LLC THE MORN(NG NEWS OF ROGERS
NORTHWEST S liMES
ENTTONCOUNTY DAIL RECORD
212 NORTH EAST AVENUE, FAYEITEVILLE, ARKANSAS 72701 1 P.O. BOX 1607, 72702 1 479442-1700 1 WWW.NWANEWS.COM
AFFIDAVIT OF PUBLICATION
I, Karen Caler, do solemnly swear that I am the Legal Clerk of the
Northwest Arkansas Newspapers, LLC, printed and published in
Washington and Benton County, Arke^^n^ I^^^^ rA0 ^ -^^I^* ^^
that from my own personal knowledg
of said publication, the advertisement
City of Fayetteville -
Ordinance 5526
Was inserted in the Regular Editions
September 27, 2012
Publication Charges: $ 194.55
Karen Caler
Subscribed and sworn to before me
This ? day of , 2012.
Notary Public
My Commission Expires: 2f242Q I W
**NOTE**
Please do not pay from Affidavit. Inv
RECEIVED
0CT 037012
CITY