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Doc ID: 015615420002 Type: REL
Kind: ORDINANCE
Recorded: 02/27/2014 at 03:47:27 PN
Fee Amt; $20.00 Palle 1 o0 2
Washington County, AR
Kyle Sylvester Circuit Clerk
File2014-00004684
ORDINANCE NO. 5664
AN ORDINANCE TO AMEND CHAPTER 161 OF THE
UNIFIED DEVELOPMENT CODE TO AUTHORIZE COTTAGE
HOUSING DEVELOPMENT (UU-44) INTO ZONING
DISTRICTS IN WHICH IT WAS ORIGINALLY APPROVED
BY ORD. 5462
WHEREAS, the City of Fayetteville has long sought to increase the availability of
quality affordable housing for its citizens; and
WHEREAS, the City of Fayetteville has an established policy to encourage in -fill
development and the mixture of different types and sizes of single family housing within
neighborhoods; and
WHEREAS, providing for a properly planned clustering of small, high quality, detached
single family houses (cottages) within a neighborhood of larger lots and homes can provide
attractive, compatible and affordable housing for our citizens.
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
Chapter 161: Zoning Regulations of the U.D.C. to add "(RR) Use Unit 44 Cottage
Housing Development' where it was originally approved by ordinance 5462, but has been
unintentionally removed, more specifically identified by Exhibit A.
PASSED and APPROVED this 181h day of February, 2014.
rnall MIR h
ATTEST:
SONDRA E. SMITH, City Clerk/Treas416. _
FAY
41111 IIV\ P````
Exhibit `A'
161.10 RT -12
Use by Right
161.11 RMF -6
Use by Right
161.12 RMF -12
Use by Right
161.13 RMF -18
Use by Right
161.14 RMF -24
Use by Right
161.15 RMF -40
Use by Right
161.16 Neighborhood Services
Use by Right
161.18 C-1
Use by Right
161.19 Community Services
Use by Right
161.20 C-2
Use by Right
161.21 Urban Thoroughfare
Use by Right
161.23 Downtown Core
Use by Right
161.24 Main Street/Center
Use by Right
161.25 Downtown General
Use by Right
161.26 Neighborhood Conservation
Conditional Use Permit
Washington County, AR
I certify this instrument was filed on
02/27/2014 03:47:27 PM
and recorded in Real Estate
FileNumber 2014-00004684
Kyle Sylvester- ' Clerk
by
Quin Thompson
Submitted By
City of Fayetteville Item Review Form
2014-0056
Legistar File Number
02/18/2014
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Action Required:
Development Services
Department
ADM 13-4603: Administrative Item (UDC AMENDMENT CHAPTER 161, Use Unit 44, Cottage
Housing Development). Submitted by CITY PLANNING STAFF for revisions to the Unified
Development Code, Chapter 161. The proposal is a minor editorial correction to Use Unit 44,
Cottage Housing Development.
Does this item have a cost? NO
Cost of this request
Account Number
Category or Project Budget
Funds Used to Date
$0.00
Program or Project Name
Program or Project Category
Project Number Remaining Balance Fund Name
Budgeted Item? = Budget Adjustment Attached?
_ �f,,�h,�V2J011908f2
Previous Ordinance or Resolution # �T '
Original Contract Number:
Comments:
P'J a.. L' --
'2-3- lu
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
RK
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan, City Council
Thru: Don Marr, Chief of Staff y
Jeremy Pate, Development Services Director
Andrew Garner, City Planning Director
From: Quin Thompson, Current Planner
Date: January 30, 2014
Subject: ADM 13-4603 Unified Development Code Amendment Use Unit 44: Cottage Housing Development
RECOMMENDATION: The Planning Commission and Planning Division staff recommend approval of an
ordinance to insert UU-44, Cottage Housing, back into the zoning districts in which it was previously approved.
BACKGROUND and PROPOSAL: Due to what staff believes was a clerical error, Use Unit 44, Cottage
Housing (UU-44) has been inadvertently removed from certain zoning districts in which it was approved by City
Council on December 6, 2011 as Ordinance No. 5462. This current code amendment proposes to place UU-44 back
into several zoning districts in Chapter 161, as intended with the original ordinance (Ord. 5462, 12-06-2011). The
code change is as follows:
Zonine District
Uses
161.10 RT -12
Use by Right
161.11 RMF -6
Use by Right
161.12 RMF -12
Use by Right
161.13 RMF -18
Use by Right
161.14 RMF -24
Use by Right
161.15 RMF -40
Use by Right
161.16 Neighborhood Services
Use by Right
161.18 C-1
Use by Right
161.19 Community Services
Use by Right
161.20 C-2
Use by Right
161.21 Urban Thoroughfare
Use by Right
161.23 Downtown Core
Use by Right
161.24 Main Street/Center
Use by Right
161.25 Downtown General
Use by Right
161.26 Neighborhood Conservation
Conditional Use Permit
DISCUSSION: On January 27, 2014 the Planning Commission forwarded this item to the City Council with a
recommendation of approval with a vote of 6-0-0.
BUDGET IMPACT: None.
ORDINANCE NO.
AN ORDINANCE TO AMEND CHAPTER 161 OF THE
UNIFIED DEVELOPMENT CODE TO AUTHORIZE COTTAGE
HOUSING DEVELOPMENT (UU-44) INTO ZONING
DISTRICTS IN WHICH IT WAS ORIGINALLY APPROVED
BY ORD. 5462
WHEREAS, the City of Fayetteville has long sought to increase the availability of
quality affordable housing for its citizens; and
WHEREAS, the City of Fayetteville has an established policy to encourage in -fill
development and the mixture of different types and sizes of single family housing within
neighborhoods; and
WHEREAS, providing for a properly planned clustering of small, high quality, detached
single family houses (cottages) within a neighborhood of larger lots and homes can provide
attractive, compatible and affordable housing for our citizens.
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
Chapter 161: Zoning Regulations of the U.D.C. to add "(RR) Use Unit 44 Cottage
Housing Development' where it was originally approved by ordinance 5462, but has been
unintentionally removed, more specifically identified by Exhibit A.
PASSED and APPROVED this
APPROVED:
an
day of 2014.
ATTEST:
am
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Cterk/Treasurer
Exhibit `A'
16 1. 10 RT -12
Use by Right
161.11 RMP -6
Use by Right
161.12 RMF -12
Use by Right
161.13 RMF -18
Use by Right
161.14 RMF -24
Use by Right
161.15 RMP -40
Use by Right
161.16 Neighborhood Services
Use by Right
16 1. 18 C -I
Use by Right
161.19 Community Services
Use by Right
161.20 C-2
Use by Right
161.21 Urban Thoroughfare
Use by Right
161.23 Downtown Core
Use by Right
161.24 Main Street/Center
Use by Right
161.25 Downtown General
Use by Right
161.26 Neighborhood Conservation
Conditional Use Permit
A]Fft
ayele
ARKANSAS
PC Meeting of January 27, 2014
THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telenhone !47 91 575-8267
TO: Fayetteville Planning Commission
FROM: Quin Thompson, Current Planner
THRU: Andrew Gamer, City Planning Director
DATE: January 02, 2014
ADM 13-4603: Administrative Item (UDC AMENDMENT CHAPTER 161, Use
Unit 44, Cottage Housing Development). Submitted by CITY PLANNING STAFF for
revisions to the Unified Development Code, Chapter 161. The proposal is a minor
editorial correction to Use Unit 44, Cottage Housing Development.
Planner: Quin Thompson
BACKGROUND
Due to what Staff believes was a clerical error, Use Unit 44, Cottage Housing (UU-44) was
inadvertently removed from certain zoning districts in which it was approved by City Council
on 6 December, 2011 as Ordinance No. 5462
PROPOSAL
The proposed code amendment under UDC Chapter 161: Zoning Regulations includes Use
Unit 44, Cottage Housing, within several zoning districts according to the intention of the
original ordinance (Ord. 5462, 12-06-2011.)
This amendment proposes to place UU-44 back into zoning districts in Chapter 161 where it
has been inadvertently removed as follows:
161.10 RT -12
Use by Right
161.11 RMF -6
Use by Right
161.12 RMF -12
Use by Right
161.13 RMF -18
Use by Right
161.14 RMF -24
Use by Right
161.15 RMF -40
Use by Right
161.16 Neighborhood Services
Use by Right
161.18 C-1
Use by Right
161.19 Community Services
Use by Right
161.20 C-2
Use by Right
161.21 Urban Thoroughfare
Use by Right
161.23 Downtown Core
Use by Right
161.24 Main Street/Center
Use by Right
161.25 Downtown General
Use by Right
161.26 Neighborhood Conservation
Conditional Use Permit
G:\ETC\Development Services Review\2013\Development Review\13-4603 ADM UDC Chapter 161
(Insert Use Unit 44 Cottage Housing)\03 Planning Commission\01-27-2013
The proposed code changes are shown in strikenut and highfight(undertine in the attached
document.
RECOMMENDATION
Staff recommends that the Planning Commission forward ADM 13-4603 to the City Council
with a recommendation for approval.
Planning Commission Action: X Forwarded ❑ Denied ❑ Tabled
Motion: Chesser
Second: Bunch
Vote: 6-0-0
Meeting Date: January 27.2014
WETC\Development Services Review\2013\Development Review\13-4603 ADM UDC Chapter 161
(Insert Use Unit 44 Cottage Housing)\03 Planning Commission\01-27-2013
TITLE XV UNIFIED DEVELOPMENT CODE
161.10 District RT -12, Residential Two
And Three Family
(A) Purpose. The RT -12 Residential District is
designed to permit and encourage the
development of detached and attached dwellings
in suitable environments, to provide a
development potential between low density and
medium density with less impact than medium
density development, to encourage the
development of areas with existing public
facilities and to encourage the development of a
greater variety of housing values.
(B) Uses.
(1) Permitted uses.
(2) Conditional uses.
Unit 2
Unit 1 City-wide uses by right
Unit 3
Unit 8 Single-family dwellings
Unit 4
Unit 9 Two-family dwellings
Unit
Unit 10 Three-family dwellings
Unit 12
Unk44 1 29AW Housing Development
Unit 24
(2) Conditional uses.
Unit 2
City-wide uses by conditional use
permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit
Government facilities
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.
(E) Setback requirements.
Front
Single-
Two-
Three-
8 ft.
family
family
family
Lot width
60 ft.
70 ft.
90 ft.
minimum
Lot area
6,000 sq.
7,260 sq.
10,890 sq.
minimum
ft.
ft.
ft.
Land area
6,000 sq.
3,630 sq.
3,630 sq. ft.
per
ft.
ft.
dwelling
unit
(E) Setback requirements.
Front
Side
Rear
A build -to zone
8 ft.
20 ft.
that is located
Three-family dwellings
Unit 26
between the
Unit 44
Coftue Housina Develo m nt
front prolpedy.
line and aline
Ci -wide uses by ri ht
Unit 8
25 feet from the
Unit 9
Two-family dwellings
front property
Three-family dwellings
Unit 26
line.
Unit 44
Coftue Housina Develo m nt
(F) Building height regulations.
FFB_-widing 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)
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
Ci -wide uses by ri ht
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
Unit 26
Multi -family dwellings
Unit 44
Coftue Housina Develo m nt
(2) Conditional uses.
Unit 2
Ci -wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit
Government facilities
Unit 11
Manufactured home park
CD161:1
Unit 12
Limited business
Unit 24
Home occupations
Unit 25
1 Professional offices
Unit 36
1 Wireless communications facilities
(C) Density.
Units ear acre 16 or less
(D) Bulk and area regulations.
(1) Lot width minimum.
Manufactured home park
100 ft.
Lot within a manufactured home
ark
50 ft.
Single-family
60 ft.
Two-family
60 ft.
Three and more
90 ft.
Professional offices
100 ft.
(2) Lot area minimum.
Manufactured home park
3 acres
Lot within a Manufactured home
ark
4,200 sq. ft.
Townhouse:
*Development
elndividual lot
10,000 sq. ft.
2,500 sq. ft.
Single-family
6,000 sq. ft.
Two-family7.000
s . ft.
Three or more
9,000 s . ft.
Fraterni or Sorod
2 acres
Professional offices
I 1 acre
(3) Land area per dwelling unit.
Manufactured home
3,000 sq. ft.
Apartments:
A build -to zone
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
Three-family dwellings
Unit 26
between the
unit
Cotta a Housin Develo ment
front property
occu ations
Unit 25
line and a line
Unit 36
Wireless communications facilities
25 feet from the
front property
line.
Cross reference(s)—Variances, Ch. 156.
(F) Building height regulations.
Building Hei ht Maximum 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 06-18-13)
161.12 District RMF -12, Residential Multi -
Family — Twelve Units Per Acre
(A) Purpose. The RMF -12 Multi -family Residential
District is designed to permit and encourage the
development of multi -family residences at a
moderate density that is appropriate to the area.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
Unit 26
Multi -family dwellings
unit
Cotta a Housin Develo ment
(2) Conditional uses.
Unit 2
City-wide uses by conditional use
permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Units
Government facilities
Unit 11
Manufactured home ark
Unit 12
Limited business
Unit 24Home
occu ations
Unit 25
Professional offices
Unit 36
Wireless communications facilities
CD161:2
TITLE XV UNIFIED DEVELOPMENT CODE
(C) Density. property line or any master street plan right-of-
way line shall have a maximum height of 30 feet.
Units per acre 12 or less Buildings or portions of the building set back
greater than 10 feet from the master street plan
(D) Bulk and area regulations. right-of-way shall have a maximum height of 45
feet.
(1) Lot width minimum.
Manufactured home park
100 ft.
Lot within a manufactured home
ark
50 ft.
Single family
60 ft.
Two-family
60 ft.
Three and more
90 ft.
Professional offices
100 ft.
(2) Lot area minimum.
Manufactured home 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- mily
7,000 sq. ft.
Three or more
9,000 sq. ft.
Fraternity or Sorority
2acres
Professional offices
1 acre
(3) Land area per dwelling unit.
Manufactured home
3,000 so. ft.
Apartments:
A build -to zone
No bedrooms
1,700 sq. ft.
One bedroom
1,700 sq. ft.
Two or more bedrooms
2,000 sq. ft:
Fraternity or Sorori
1,000 so. ft. oer resident
(E) Setback requirements.
Front
Side
Rear
A build -to zone
8 ft.
25 ft.
that is located
Three-family dwellings
Unit 26
between the
Unit 44
Cottane Housina Develo ment
front property
Home occupations
Unit 25
line and a line
Unit 36
1 Wireless communications facilities
25 feet from the
front property
line.
Cross reference(s)--Variances, Ch. 156
(F) Building 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. 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, 06-18-13)
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 dwellin s
Unit 44
Cottane Housina Develo ment
(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
1 Wireless communications facilities
(C) Density.
Building Height Maximum 1 30/45 ft." Units per acre 1 18 or less
'A building or a portion of a building that is (D) Bulk and area regulations.
located between 0 and 10 feet from the front
CD161:3
(1) Lot width minimum.
Manufactured home park
100 ft.
Lot within a manufactured home
ark
50 ft.
Single-family
60 ft.
Two-family
60 ft.
Three and more
90 ft.
Professional offices
100 ft.
(2) Lot area minimum.
Manufactured home park
3 acres
Lot within a manufactured home
ark
4,200 sq. ft.
Townhouse:
Development
Individual lot
10,000 sq. ft.
2,500 sq. ft.
Single-family
6,000 sq. ft.
Two-family
7,000 sq. ft.
Three or more
9.000 sq. ft.
Frate rnit or Sororit
2 acres
Professional offices
1 acre
(3) Land area per dwelling unit.
Manufactured Home
3,000 sq. ft.
Apartments:
A build -to zone
No bedrooms
1,700 sq. ft.
One bedroom
1,700 sq. ft.
Two or more bedrooms
2,000 s . 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
Three-family dwellings
Unit 26
between the
Unit 44
QUM Housing QM212 Ment
front property
Professional offices
Unit 24
line and a line
Unit 36
Wireless communications facilities
25 feet from the
front property
line.
Cross reference(s) --Variances, Ch. 156.
(F) Building height regulations.
11 Buildin Hai ht Maximum J 30145 ft.`
*A building or a portion of a building that is
located between 0 and 10 feet from the front
property line or any master street plan right-of-
way line shall have a maximum height of 30 feet.
Buildings or portions of the building set back
greater than 10 feet from the master street plan
right-of-way shall have a maximum height of 45
feet.
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, 06-18-13)
161.14 District RMF -24, Residential Multi -
Family — Twenty -Four Units Per Acre
(A) Purpose. The RMF -24 Multi -family Residential
District is designed to permit and encourage the
developing of a variety of dwelling types in
suitable environments in a variety of densities.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
Unit 26
Multi -family dwellings
Unit 44
QUM Housing QM212 Ment
(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
Govemment facilities
Unit 11
Manufactured home park
Unit 12
Limited business
Unit 25
Professional offices
Unit 24
Home occu ations
Unit 36
Wireless communications facilities
(C) Density.
Units per acre 24 or less
(D) Bulk and area regulations.
(1) Lot width minimum.
11 Manufactured home park 100 ft.
11 Lot within a 50 ft.
CD161:4
TITLE XV UNIFIED DEVELOPMENT CODE
Manufactured home ark
3 acres
Single-family
60 ft.
Two-family
60 ft.
Three or more
90 ft.
Professional offices
100 ft.
Any building which exceeds the height of 20 feet
shall be set back from any side boundary line of
an adjacent single family district, an additional
distance of one foot for each foot of height in
excess of 20 feet.
(2) Lot area minimum. (G) Building area. None.
Manufactured home park
3 acres
Lot within a mobile home
ark
4,200 sq. ft.
Townhouses:
Development
Individual lot
10,000 sq. ft.
2,500 sq. ft.
Sinale-familv
6,000 sq. ft.
Two-family
7,000 sq. ft.
Three or more
9,000 s . ft.
Fraternit or Sorority2
acres
Professional offices I1
acre
(3) Land area per dwelling unit.
Manufactured home
3,000 sq. ft.
Apartments:
A build -to
No bedroom
1,700 sq. ft.
One bedroom
1,700 sq. ft.
Two bedroom
2,000 sq. ft.
Fraterni or Soror
1,000 sq. ft. per resident
(E) Setback requirements.
Front
Side
Rear
A build -to
8 ft.
25 ft.
zone that is
Three-family dwellings
Unit 26
located
Unit 44
Coftcae Housina Development
between the
Limited business
Unit 24
front property
Unit 25
Professional offices
line and a line
1 Wireless communications facilities
25 feet from
tPhe front
roe line.
Cross reference(s)--Variance, Ch. 156.
(F) Building height regulations.
11 Building Height Maximum J 30/45/60ft.'
A building or a portion of a building that is
located between 0 and 10 feet from the front
property line or any master street plan right-of-
way line shall have a maximum height of 30 feet,
between 10-20 feet from the master street plan
right-of-way a maximum height of 45 feet and
buildings or portions of the building set back
greater than 20 feet from the master street plan
right-of-way shall have a maximum height of 60
feet.
(H) Minimum buildable street frontage. 50% of the
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, 06-18-13)
161.15 District RMF -40, Residential Multi -
Family —Forty Units Per Acre
(A) Purpose. The RMF -40 Multi -family Residential
District is designated to protect existing high
density multi -family development and to
encourage additional development of this type
where it is desirable.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
Unit 26
Multi -family dwellings
Unit 44
Coftcae Housina 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 occupation
Unit 25
Professional offices
Unit 36
1 Wireless communications facilities
(C) Density.
11 Units 2er acre 40 or less
CD161:5
(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 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
Q000 sq. ft.
ratemit or Soror
Fraternity
1 acre
(3) Land area per dwelling unit.
Manufactured home park
3,000 sq. ft.
Townhouses & Apartments
A build -to zone
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
front property
resident
(E) Setback requirements.
Front
Side
Rear
A build -to zone
8 ft.
20 ft.
that is located
Three-family dwellings
Unit 12
between the
Unit 24
Home occupations
front property
Accessory dwelling_ units
Uni 44
line and a line
Unit 26
Multi-famil dwellin s
25 feet from the
Wireless communication facilities*
Unit 40
front property
line.
Cross references) --Variance, Ch. 156.
(F) Building height regulations.
FFBdilding Height Maximum 30/45/60 ft.*
*A building or a portion of a building that is
located between 0 and 10 feet from the front
property line or any master street plan right-of-
way line shall have a maximum height of 30 feet,
between 10-20 feet from the master street plan
right-of-way a maximum height of 45 feet and
buildings or portions of the building set back
greater than 20 feet from the master street plan
right-of-way shall have a maximum height of 60
feet.
Any building which exceeds the height of 20 feet
shall be set back from any side boundary line of
CD161:6
an adjacent single family district, an additional
distance of one foot for each foot of height in
excess of 20 feet.
(G) Building area. None.
(H) Minimum buildable street frontage. 50% of the
lot width.
(Code 1965, App. A., Art. 5(IV); Ord. No. 2320, 4-5-77; Ord.
No. 2700, 2-2-81; Ord. No. 1747, 6-29-70; Code 1991,
§160.034; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No.
4178, 8-31-99; Ord. 5028, 6-19-07; Ord. 5224, 3-3-09; Ord.
5262, 8-4-09; Ord. 5312, 4-20-10; Ord. 5462, 12-6-11; Ord.
5592, 06-18-13)
161.16 Neighborhood Services
(A) Purpose. The Neighborhood Services district is
designed to serve as a mixed use area of low
intensity. Neighborhood Services promotes a
walkable, pedestrian -oriented neighborhood
development form with sustainable and
complementary neighborhood businesses that
are compatible in scale, aesthetics, and use with
surrounding land uses. For the purpose of
Chapter 96: Noise Control, the Neighborhood
Services district is a residential zone.
(B) Uses
(1) Permitted uses
Unit 1
Ci -wide uses b ri ht
Unita
Sinole-familv dwellings
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
Unit 12
Limited Business
Unit 24
Home occupations
Unit 41
Accessory dwelling_ units
Uni 44
Cottace Housina Development
Note: Any combination of above uses is permitted
upon any lot within this zone. Conditional uses shall
need approval when combined with pre -approved
uses.
(2) Conditional uses
Unit 2
City-wide uses by conditional use
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government Facilities
Unit 13
Eating laces
Unit 15
Neighborhood shopping oods
Unit 19
Commercial recreation, small sites
Unit 25
Offices, studios and related services
Unit 26
Multi-famil dwellin s
Unit 36
Wireless communication facilities*
Unit 40
Sidewalk cafes
TITLE XV UNIFIED DEVELOPMENT CODE
(C) Density. 1 inidrive through restaurants
Unit 25 Offices, studios, and related services
Units per acre 10 or less Unit 44GotliagO.Housirra RaVgloprnarrt
(D) Bulk and Area
(1) Lot width minimum
Single-family
35 feet
Two-family
70 feet
Three or more
1 90 feet
All other uses
I None
(2) Lot area minimum.
Single-family
4,000 sq. ft.
Two-family or more
3,000 sq. ft. of lot area
Unit 13
per dwelling unit
All other permitted
5 feet
and conditional uses
None
(E) Setback regulations
Front:
A build -to zone that is located
Unit 5
between 10 and 25 feet from the front
Unit 13
property line.
Side
5 feet
Rear
15 feet
(F) Building height regulations.
11 Building Height Maximum 1 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, 06-18-
13)
161.18 District C-1, Neighborhood
Commercial
(A) Purpose. The Neighborhood Commercial District
is designed primarily to provide convenience
goods and personal services for persons living in
the surrounding residential areas.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 5
Government Facilities
Unit 13
Eating laces
Unit 15
Neighborhood shopping
Unit 18
Gasoline service stations and drive -
(2) Conditional uses.
Unit 2
City-wide uses by conditional use
permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 16
Shoppinng goods
Unit 34
Liquor stores
Unit 35
Outdoor music establishments`
Unit 36
Wireless communications facilities"
Unit 40
Sidewalk Cafes
Unit 42
Clean technolo ies
(C) Density. None.
(D) Bulk and area regulations. None.
(E) Setback regulations.
Front
15 ft.
Front, if parking is allowed
between the right-of-way and the
building
50 ft.
Side
None
Side, when contiguous to a
residential district
10 ft.
Rear
20 ft.
CD161:7
(F) Building height regulations.
Buildin Mei ht Maximum 156 ft. -
"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, 06-18-13)
161.19 Community Services
(A) Purpose. The Community Services district is
designed primarily to provide convenience goods
and personal services for persons living in the
surrounding residential areas and is intended to
provide for adaptable mixed use centers located
along commercial corridors that connect denser
development nodes. There is a mixture of
residential and commercial uses in a traditional
urban form with buildings addressing the street.
For the purposes of Chapter 96: Noise Control,
the Community Services district is a commercial
zone. The intent of this zoning district is to
provide standards that enable development to be
approved administratively.
(B) Uses.
(1) Permitted uses.
Unit 1
Ci -wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
Unit 13
Eating laces
Unit 15
Neighborhood Shopping oods
Unit 18
Gasoline service stations and drive-
in/drive through restaurants
Unit 24
Home occupations
Unit 25
Offices, studios and related services
Unit 26
Multi -family dwellin s
It"
Cotta — Housina Development
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
family residential district:
Liquor stores
Unit 19
Outdoor music establishments
En5
Wireless communication facilities'
Unit 25
Sidewalk Cafes
Unit 33
Clean technologies
(C) Density. None
(D) Bulk and area regulations.
(1) Lot width minimum.
Dwelling 18 ft.
All others None
(2) Lot area minimum. None
(E) Setback regulations.
Front:
A build -to zone that is
Unit 4
located between 10 feet
Unit 5
and a line 25 feet from
Unit 13
the front property line.
Side and rear:
None
Side or rear, when
15 feet
contiguous to a single-
Transportation trades and services
family residential district:
Gasoline service stations and drive-in/drive
throw h restaurants
(F) Building Height Regulations.
11 Building Height Maximum 56 ft.
(G) Minimum buildable street frontage. 50% of the lot
width.
(Ord. 5312, 4-20-10; Ord, 5339, 8-3-10; Ord. 5462, 12-6-11;
Ord. 5592, 06-18-13)
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
throw h restaurants
Unit 19
Commercial recreation, small sites
Unit 20
Commercial recreation, large sites
Unit 25
Offices, studios, and related services
Unit 33
Adult live entertainment club or bar
Unit 34
Liquor store
U
Cottace HousinaD velo meet
(2) Conditional uses.
Unit 2
Ci -wide uses by conditional use permit
Unit 3
Public protection and utilityfacilities
Unit 21
Warehousing and wholesale
Unit 28
Center for collectinq recyclable materials
CD161:8
TITLE XV UNIFIED DEVELOPMENT CODE
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
J Animal boarding and training
(C) Density. None.
(D) Bulk and area regulations. None.
(E) Setback regulations.
Front
15 ft.
Front, if parking is allowed
between the right-of-way and
the building
50 ft.
Side
None
Side, when contiguous to
a residential district
15 ft.
Rear
20 ft.
(F) Building height regulations.
11 Building Hei ht Maximum 1 75 ft.*
*Any building which exceeds the height of 20 feet
shall be set back from a boundary line of any
residential district a distance of one foot for each
foot of height in excess of 20 feet.
(G) Building area. On any lot, the area occupied by
all buildings shall not exceed 60% of the total
area of such lot.
(Code 1965, App. A., Art. 5(VI); Ord. No. 1833,11-1-71; Ord.
No. 2351, 6-2-77; Ord. No. 2603, 2-19-80; Ord. No. 1747, 6-
29-70; Code 1991, §160.036; Ord. No. 4034, §3, 4, 4-15-97;
Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99;
Ord. 4727, 7-19-05; Ord. 4992, 3-06-07; Ord. 5028, 6-19-07;
Ord. 5195, 11-6-08; Ord. 5312, 4-20-10; Ord. 5339, 8-3-10;
5353, 9-7-10; Ord. 5462,12-6-11; Ord. 5592, 06-18-13)
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
Government facilities
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
Unit 13
Eating laces
Unit 14
1 Hotel, motel and amusement services
Unit 16
Shopping oods
Unit 17
Transportation trades and services
Unit 18
Gasoline service stations and drive-in/drive
through restaurants
Unit 19
Commercial recreation, small sites
Unit 24
Home occupations
Unit 25
Offices, studios, and related services
Unit 26
Multi -family dwellings
Unit 34
Li uor store
Unit 41
Accessory Dwellings
UnItU
I Cottaae Housina Development
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
CD161:9
(C) Density. None
(D) Bulk and area regulations.
(1) Lot width minimum
Single-family dwellin-q 18 feet
All other dwellings None
Non-residential None
(2) Lot area minimum. None
(E) Setback regulations.
Front:
A build -to zone that is
Unit 4
located between 10 feet
Unit
and a line 25 feet from
Unit 8
the front property line.
Side and rear:
None
Side or rear, when
15 feet
contiguous to a single-
Eating laces
family residential district:
1 Hotel, motel, and amusement facilities
(F) Building height regulations.
Ij Building Height Maximum 56/84 ft.`
*A building or a portion of a building that is
located between 10 and 15 ft. from the front
property line or any master street plan right-of-
way line shall have a maximum height of 56 feet.
A building or portion of a building that is located
greater than 15 feet from the master street plan
right-of-way shall have a maximum height of 84
feet.
Any building that exceeds the height of 20 feet
shall be set back from any boundary line of a
single-family residential district, an additional
distance of one foot for each foot of height in
excess of 20 feet.
(G) Minimum buildable street frontage. 50% of the lot
width.
(Ord. 5312, 4-20-10; Ord. 5339, 8-3-10; Ord. 5353, 9-7-10;
Ord. 5462, 12-6-11; Ord. 5592, 06-16-13)
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.
(B) Uses.
(1) Permitted uses
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit
Government facilities
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
Unit 13
Eating laces
Unit 14
1 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
A4
C Housing DeveloomMA
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 aIle
(F) Minimum buildable street frontage. 80% of lot
width.
(G) Building height regulations.
CD161:10
Building Height Maximum 1 56/168 ft."
P, 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.
TITLE XV UNIFIED DEVELOPMENT CODE
(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, 06-
18-13)
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 StreeNCenter. The Center is within walking
distance of the surrounding, primarily residential
areas. For the purposes of Chapter 96: Noise
Control, the Main Street/Center district is a
commercial zone.
(B) Uses.
(1) Permitted uses
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
Unit 13
Eating laces
Unit 14
Hotel, motel, and amusement
facilities
Unit 16
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
ni 44
Cottage Housin bevel en
Note: Any combination of above uses is permitted
upon any lot within this zone. Conditional uses shall
need approval when combined with pre -approved
uses.
(2) Conditional uses.
Unit 2
City-wide uses by conditional use
permit
Unit 3
Public protection and utility facilities
Unit 18
Gasoline service stations and drive-
in/drive through restaurants
Unit 28
Center for collecting recyclable
materials
Unit 29
Dance halls
Unit 35
Outdoor music establishments
Unit 36
Wireless communication facilities
Unit 40
Sidewalk Cafes
Unit 42
Clean technologies
(C) Density. None.
(D) Bulk and area regulations.
(1) Lot width minimum.
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 aIle
CD161:11
(F) Minimum buildable street frontage. 75% of lot
width.
(G) Building height regulations.
11 Building Height Maximum 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, 06-18-13)
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
1 Nei hborhood shopping oods
Unit 24
1 Home occu ations
Unit 25
1 Offices, studios, and related services
Unit 26
j Multi -family dwellin s
Cottage H I 1
Note: Any combination of above uses is permitted
upon any lot within this zone. Conditional uses shall
need approval when combined with pre -approved
uses.
(2) Conditional uses.
Unit 2
City-wide uses by
conditional use permit
Unit 3
Public protection and utility facilities
Unit 14
Hotel, motel and amusement services
Unit 16
Shopping oods
Unit 17
Transportation trades and services
Unit 19
Commercial recreation, small sites
Unit 28
Center for collecting
rec clable materials
Unit 36
1Wireless communication facilities
Unit40
I Sidewalk Cafes
(C) Density. None
(D) Bulk and area regulations
(1) Lot width minimum.
i Dwelling (all unit types) ) 18 ft. i
(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 12 ft.
of an aIle
(F) Minimum buildable street frontage. 50% of lot
width.
(G) Building height regulations.
11 Building Heiaht Maximum 56 ft.
(Ord. 5028, 6-19-07; Ord. 5029, 6-19-07; Ord. 5312, 4-20-
10; Ord. 5462, 12-6-11; Ord. 5592, 06-18-13)
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,
t 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 Ci -wide uses by ri ht
Unit 8 Single-family dwellin s
Unit 41 j Accessory dwellin s
(2) Conditional uses.
Unit 2
City-wide uses by
conditional use permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 9
Two-family dwellings
Unit 10
Three-family 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
Uelt44
C aHousih Devel ment
(C) Density. 10 Units Per Acre.
(D) Bulk and area regulations.
(1) Lot width minimum.
Sin le Family 122
Two Family 80 ft.
Three Famil 90 ft.
CD161:12
TITLE XV UNIFIED DEVELOPMENT CODE
(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
5 ft.
Rear
5 fL
Rear, from center line
12 ft.
of an alley I
(F) Building height regulations.
11 Building Hei ht Maximum 1 45 ft.
CD161:13
ORDINANCE NO. 5462
AN ORDINANCE TO ENACT §164.22 COTTAGE HOUSING
DEVELOPMENT INTO THE UNIFIED DEVELOPMENT CODE, TO
AMEND §162.01 TO ADD (RR) UNIT 44 COTTAGE HOUSING
DEVELOPMENT AND TO AMEND CHAPTER 161 ZONING DISTRICT TO
AUTHORIZE COTTAGE HOUSING DEVELOPMENTS AS A RIGHT IN
MULTI -FAMILY RESIDENTIAL DISTRICTS AND AS A CONDITIONAL
USE IN SINGLE FAMILY RESIDENTIAL DISTRICTS
WHEREAS, the City of Fayetteville has long sought to increase the availability of
quality affordable housing for its citizens; and
WHEREAS, the City of Fayetteville has an established policy to encourage in -fill
development and the mixture of different types and sizes of single family housing within
neighborhoods; and
WHEREAS, providing for a properly planned clustering of small, high quality, detached
single family houses (cottages) within a neighborhood of larger lots and homes can provide
attractive, compatible and affordable housing for our citizens.
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 enacts
§ 164.22 Cottage Housing Development (as shown on Exhibit A) into the Unified Development
Code of Fayetteville.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends
§ 162.01 to add use unit:
"(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.
Page 2
Ordinance No. 5462
(2) Included uses.
Cottage Housing Developments
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends
Chapter161: Zoning Regulations of the U.D.C. to add "(RR) Use Unit 44 Cottage Housing
Development' as a use by right in multi -family residential districts and as a conditional use in
single family residential districts as more specifically identified by Exhibit B.
PASSED and APPROVED this 6th day of December, 2011.
APPROVED: ATTEST:
By:
IO ELO JO Mayor LISA BRANSON, Deputy City Clerk
FAYEITEVI
Exhibit "A"
164.22 Cottage Housing Development
standards of this section, shall be
permitted to remain, but the extent of
(A) Purpose. The purpose of the cottage
the nonconformity may not be
development ordinance is to encourage
increased. Such nonconforming dwelling
innovation and variety in housing while
units shall be included in the maximum
ensuring compatibility with established
permitted cottage density.
neighborhoods, and to provide opportunities
for ownership of detached single-family
(E) Zoning Regulations. The parent tract prior to
dwellings for a population diverse in age,
development shall conform to the zoning
income and household size.
criteria of the underlying zoning district.
(B) Applicability. Cottage housing development
(1) Density. Zoning Districts that allow
is permitted to be located as identified in
cottage housing development as a Use
Chapter 161: Zoning Regulations of the
by Right shall conform with the density
Unified Development Code, however, zoning
requirement of the underlying zoning
and development regulations such as
district. Zoning districts that allow
density, bulk and area, building area, street
cottage housing developments as a
frontage requirements, lot splits and other
Conditional Use shall be allowed a
standards for cottage housing development
density not to exceed two times the
shall follow the criteria adopted in this
maximum density allowed in the
chapter.
underlying zoning district.
(C) Development Review Process. For the
(2) Lot Width Minimum. There is no lot
purpose of development review cottage
width requirement for individual cottage
housing developments less than one acre
housing units.
shall be processed as a Site Improvement
Plan. Cottage housing development on lots
(3) Lot Area Minimum. The lot area
larger than one acre shall be processed as a
minimum for cottage housing unit lots is
Large Scale Development. If individual
750 square feet.
cottage housing unit lots are created the
cottage housing development shall be
(4) Land Area per Dwelling Unit. The land
processed through the subdivision platting
area per dwelling unit requirement is
process.
750 sq. ft.
(D) Cottage Housing Development Size,
(5) Setback Requirements.
Separation Requirements and Existing
Structures.
(a) All structures shall have a minimum
separation of ten feet, measured
(1) Number of Cottage Housing Units
from edge of save to edge of eave,
Permitted. Cottage housing
from other structures or cottages
development shall contain a minimum of
within the cottage housing
four and a maximum of 12 cottages
development.
located in a cluster, on no less than one
half acre.
(b) The setback from the exterior
property lines of the original parent
(2) Cottage Housing Development
tract shall be set by the underlying
Separation Requirement. Cottage
zoning district.
housing developments shall have a
minimum separation from other cottage
(6) Building Height Regulations. The height
housing developments of not less than
for all structures in a cottage
1,000 feet.
development shall not exceed the
permitted height requirement of the
(3) Existing Nonconforming Structures. on
underlying zoning district.
a lot to be used for a cottage housing
development, existing detached single-
(7) Building Area. There is no minimum
family residential structures, which may
building area requirement for individual
be nonconforming with respect to the
cottage housing unit lots.
pedestrian access to the common
(8) Accessory Dwelling Units. Accessory
open space and the street.
dwelling unit s are not permitted in
cottage housing developments.
(3) Open space.
(F) Common Property Maintenance. Community
(a) The required common open space
buildings, parking areas and common open
shall be provided in one contiguous
space shall be owned and maintained
parcel.
commonly by.the cottage housing
development residents, through a
(b) A minimum of 300 square feet of
condominium associations, a homeowners'
common open space shall be
association or a similar mechanism, and
provided per cottage housing unit.
shall not be dedicated to the City.
Common open space with a
dimension of less than 20 feet shall
(G) Development Standards. All cottage
not be included in the calculation.
developments are subject to the following
standards:
(c) Each cottage housing unit shall be
provided with a private open space
(1) Floor -Area. The total conditioned space
of 250 square feet with no
floor area of each cottage shall not
dimension of less than 10 feet.
exceed 1,100 square feet.
Private open space should be
contiguous to each cottage, for the
(a) Cottages shall have a maximum
exclusive use of the cottage
first floor area or footprint of no
resident.
more than 900 sq. feet, excluding
covered or attached porches.
(d) Parking areas, driveways and
common pedestrian access shall
(b) Future additions to any cottage
not be counted as open space.
housing unit shall meet the
requirements of this chapter.
(4) Fences. Fencing in cottage housing
development should be respectful of the
(c) Floor area that does not count
context of the surrounding neighborhood
towards the total conditioned space
and should accentuate the common and
floor area permitted for a cottage
private open spaces.
housing unit includes:
•
(a) Fencing located between a cottage
(i) Architectural projections such
housing unit and a public street or
as utility closets no greater
the common open space shall not
than eighteen inches in depth
exceed 48" in height.
and six feet in width, bay
windows and fireplaces.
(5) Parking Requirements and Standards.
Parking areas should be located within
(ii) Spaces with a ceiling height of
the cottage housing development in
six feet or less measured to the
such a way as to maintain the character
exterior walls, such as interior
along the public street and to minimize
attic eaves.
the noise and light impacts on private
residences and public spaces.
(2) Cottage Orientation. The fronts of all
Reductions in parking space allowances
cottage housing units shall be oriented
are not permitted in cottage housing
around the common open space or
developments. Permitted on -street
towards the street, with the following
parking spaces adjacent to a projects
exception:
frontage may count towards the parking
requirements of the development
(a) A maximum of 1 cottage in a
subject to approval by the Zoning and
cottage housing development is
Development Administrator. Parking
allowed to be located in an area
standards for cottage housing
that does not front onto the
developments shall be as follows:
common open space or street right
of way. These units shall be located
(a) The required number of parking
within 25 feet of the common open
spaces for each cottage shall be
space and shall have direct
determined according to the square
footage of the cottage housing unit.
and sewer lines on private property
() Cottages less than 1,000 sq. ft.
servicing cottage housing unit
shall have 1.5 parking spaces
developments shall be located in a
provided.
dedicated easement.
(ii) Cottages over 1,000 sq. ft.
(10) Community Buildings. Community
shall have 2 parking spaces
buildings and common pavilions less
provided.
than 2,000 sq. ft. are permitted by right
in cottage housing development. These
(b) Parking lots containing five or more
structures shall be architecturally
parking spaces shall comply with
integrated with the architectural style of
the parking lot construction and
the cottage housing development.
design standards located in
Chapter 172: Parking and Loading
(11)StormwaterlGrading. Cottage housing
of the City's Unified Development
developments shall comply with the
Code.
grading, drainage and stonnwater
provisions set forth in the Unified
(c) Parking lots shall be located a
Development Code Chapter 169 and
minimum of 25' back from the
170. A drainage permit application shall
public right-of-way.
contain sufficient information and plans
to allow the City Engineer to determine
(d) Shared covered parking shall be
whether the project complies with these
designed to be similar and
requirements.
compatible to the design, materials
and roof pitches used for the
(12) Solid Waste Service. For the purposes
cottage housing units.
of solid waste collection cottage housing
developments are considered a
(e) Parking space dimensions shall
residential use and should receive
comply with Chapter 172: Parking
residential solid waste service
and Loading of the Unified
(individual carts and recycling bins). In
Development Code.
certain instances, it may be necessary
to service cottage housing
(6) Bicycle Parking. Bicycle parking
developments with commercial solid
should be located in a common area
waste collection equipment (dumpsters).
and preferably be covered to protect
This may occur when a project is
the long term storage of bicycles. It is
located in a predominately commercial
recommended that cottage housing
area serviced by commercial solid waste
developments should provide one
pick up. It is incumbent on the developer
unsheltered bicycle rack or the
to design solid waste service into the
equivalent sheltered space to store two
cottage housing development plan early
bicycles per cottage housing unit.
in the process. The final determination
of solid waste service and pick-up areas
(7) Fire Department Access. Fire
will be made at the time of development
department access shall be determined
review. Specific requirements for
at the time of development review. Any
residential and commercial solid waste
part of structure in a cottage housing
pick-up shall be as follows:
development that is located more than
150 feet from Fire Department vehicle
(a) Residential solid waste service
access, as measured by an approved
requires a designated location
route around the exterior of the buildings
adjacent to the street curb for trash
or facilities, shall have a fire department
carts and recycling bins. This
approved sprinkler system.
location shall be kept clear of
obstructions on the designated solid
(8) Pedestrian Connectivity. All buildings
waste pick-up day. If this location is
and common spaces shall be served by
also used for on -street parking it
a pedestrian circulation system that
shall be clearly marked and a sign
connects to an existing or planned
posted restricting use for the
sidewalk or trail system.
designated solid waste pick-up day.
A minimum linear distance of 9 ft. is
(9) Utilities. Individual cottage housing units
required to accommodate each
shall have a unique connection to the
cottage housing unit's trash cart
main water and sewer lines. Main water
and recycling bin.
structurally identical front porches
(b) Commercial solid waste service
shall be located on adjacent cottage
requires a dumpster location that is
housing units.
freely accessible for front end
loading and screened from public
(2) Required Architectural Elements. A
view.
cottage housing unit with a front porch
that is credited for meeting the
(c) Solid waste facilities shall be
requirements of section 164.22(H)(1)
located behind the front building
above shall not be credited with meeting
setback line and shall be screened
the requirements of this section. All
from the right-of-way and adjacent
cottage housing units in a cottage
property owners by either
housing development shall contain a
architectural treatments or
minimum of two of the following building
vegetative screening.
features or treatments:
(H) Building Design Standards. Building design
(a) Porch.
shall provide variety and visual interest in
order to provide compatibility with the
(b) Variations in roof shapes or gables
character of the surrounding neighborhood.
between adjacent structures.
These standards are intended to avoid the
repetitive use of the same building design,
(c) Roof brackets.
structural features, detailing or finishes within
the cottage housing development.
(d) Bay windows.
(1) Variety in Cottage Housing Units
(e) Dormers.
Floor Plans and Architectural
Treatments. In cottage housing
(f) Chimneys.
developments no two structures shall be
identical in terms of exterior finishes. All
(g) Other similar features or treatments
cottage housing units shall differ from
as approved by the Zoning and
each other by utilizing at least two of the
Development Administrator.
following options:
(1) Variances from the minimum Cottage
(a) Variations in building material
Housing Development Requirements. An
finishes such as clapboard, shake
applicant may request a variance for specific
shingles, stone, brick, etc., and
requirements of the cottage housing
building color;
development ordinance from the Planning
Commission. Notification of adjoining and
(b) Variations in adjacent cottage
adjacent property owners shall conform to
housing unit floor plans that alter
the requirements of Chapter 157: Notification
the location of exterior windows and
and Public Hearings of the City's Unified
doors;
Development Code. A variance of the
following standards of the cottage housing
(c) Variations in the size of main floor
development ordinance may be requested:
area and/or building height of
adjacent structures; or
(1) Number of cottage housing units
permitted.
(d) A front porch with a minimum width
no less than 50% of the front
(2) Cottage housing development
building fagade. Front porches shall
separation requirement
have a minimum depth of 6 feet. No
Exhibit "B"
161.04 RSF-.5
Conditional Use Permit
161.05 RSF-1
Conditional Use Permit
161.06 RSF-2
Conditional Use Permit
161.07 RSF-4
Conditional Use Permit
161.08 RSF-7
Conditional Use Permit
161.09 RSF-8
Conditional Use Permit
161.10 RT -12
Use by Right
161.11 RMF -6
Use by Right
161.12 RMF -12
Use by Right
161.13 RMF -18
Use by Right
161.14 RMF -24
Use by Right
161.15 RMF -40
Use by Right
161.16 Neighborhood Services
Use by Right
161.17 R -O
Use by Right
161.18 C-1
Use by Right
161.19 Community Services
Use by Right
161.20 C-2
Use by Right
161.21 Urban Thoroughfare
Use by Right
161.22 C-3
Use by Right
161.23 Downtown Core
Use by Right
161.24 Main Street/Center
Use by Right
161.25 Downtown General
Use by Right
161.26 Neighborhood Conservation
Conditional Use Permit
AGENDA REQUEST
FOR: COUNCIL MEETING OF NOVEMBER 15, 2011
FROM:
ALDERMAN BOBBY FERRELL and ALDERMAN MARK KINION
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
ADM 11-3782: (Cottage Housing Development): An Ordinance to Adopt
ADM 11-3782 Cottage Housing Development
APPROVED FOR AGENDA:
6—o5y Ferreff
Alderman
(as to form)
Packet Prepared by:
Leif Olso
Associate Planner
Date
0/-za//
Date
Date
/0-3(-2,911
Date
Leff MWU &CCtj l&aduc &Nkt 000.15,0?otl Ce_M-kj.
THE CITY OF FAYETTEVILLE, ARKANSAS
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan, City Council
Thru: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
John Coleman, Sustainability and Strategic Planning Director
From: Leif Olson, Planner Ha
Date: September 23, 2011
Subject: ADM 11-3782 Cottage Housing Development Ordinance
RECOMMENDATION
Staff and the Planning Commission recommends approval of an ordinance amending Chapter 164:
Supplementary Zoning Regulatons of the Unified Development Code by adopting ADM 11-3782 Cottage
Housing Development.
BACKGROUND
In 2010 City Staff began the process of updating the City's long range comprehensive plan, City Plan 2030,
which resulted in a complete update with identified action steps related to the six goals. One of the action steps
related to the goal "Create opportunities for attainable housing" was to draft and adopt a cottage housing
development ordinance.
Cottage housing development is defined as "a cluster of detached single family homes, restricted in size and of
high architectural quality, oriented around common open space." Cottage housing development is modeled after
traditional housing development patterns that existed in the past. Cities in the Pacific Northwest region of the
U.S. began developing innovative cottage housing ordinances a decade ago as a solution for the lack of
attainable housing in their communities. Small in scale, cottage housing developments fit well into existing
neighborhoods on vacant or underutilized land; for this reason they are an effective tool for infill and
revitalization. As the median family size continues to decline, 2.2 people per household in according to the 2010
Census, this form of housing will be in high demand by a fast growing demographic, most notably singles,
families of 3 or less and retirees. Fee simple or condominium ownership of individual cottage housing units
promotes neighborhood stability. In these ways, cottage housing developments can promote infill, reduce
sprawl, and create opportunities for attainable housing.
Staff anticipates that the majority of cottage housing development proposals will be infill situations on sites that
have access to existing infrastructure such as streets, water and sewer service. Therefore, it is imperative that
THE CITY OF FAYETTEVILLE, ARKANSAS
cottage housing development be compatible with the existing built environment. This ordinance is purposely
intended to be very prescriptive in terms of how and where cottage housing development is designed and
constructed. The draft ordinance has been reviewed and amended by Planning, Engineering, Solid Waste and
Fire Department staff.
Specifically, the ordinance would address the following City Plan 2030 goals:
Goal l - We will make appropriate infill and revitalization our highest priorities.
Goal 2 - We will discourage suburban sprawl.
Goal 6 - We will create opportunities for attainable housing.
The Cottage Housing Development ordinance is proposed to be inserted into Chapter 164: Supplementary
District Regulations. The following are some of the important standards and regulations to ensure that Cottage
Housing Developments are compatible with adjoining land uses:
■ Permitted as a use by right in multi -family zoning districts and as conditional use in all single-family
zoning districts.
■ Review process dependent on the size and scale of the project — small projects (> 1 acre) processed as
Site Improvement Plans — large projects (< 1 acre) processed as Large Scale Developments.
■ A minimum of 4 cottage housing units and a maximum of 12 cottage housing units in a Cottage Housing
Development.
• A minimum separation of 1,000 linear feet between Cottage Housing Developments.
• Cottage Housing Developments in multi -family zoning districts are limited to the density of the
underlying zoning district — Cottage Housing Developments in single family zoning districts are
restricted to no more than two times the underlying density allowed.
■ The lot are minimum is 750 sq.fFt. This would allow for a small 500 sq. ft. dwelling with 250 sq. ft. of
private open space.
■ Building setbacks are set by the underlying zoning district — with the exception that separation
requirements between structures are a minimum of 10 feet.
■ Cottages are limited to a maximum of 1,100 sq. ft. of conditioned living space.
• Cottages shall be oriented towards the street or around a common open space.
• A minimum of 300 sq. ft. of common open space and 250 sq. ft. of private open space is required for
each cottage.
• Adequate and appropriate parking shall be provided for each cottage, through though the parking may be
clustered together.
• Fire Department access is required for all structures — Sprinkler systems are required for cottages located
150 ft. or more from the designated Fire Department access area.
• All Cottage Housing Developments are required to obtain a drainage permit and perform any drainage
studies or detention requirements according to UDC Ch. 170: Stormwater Management, Drainage and
Erosion Control.
■ Solid Waste service should be primarily residential (trash carts and recycling bins). Exceptions may be
allowed for Cottage Housing Developments located in primarily commercial areas of the City.
• Architectural standards apply to all structures within a Cottage Housing Development in order to ensure
quality design and compatibility with the surrounding neighborhood.
THE CITY OF FAYETTEVILLE, ARKANSAS
The applicant may request a variance from the minimum 1,000 ft. separation requirement between
Cottage Housing Developments and from the maximum number of units allowed.
On September 12, 2011 the Planning Commission voted 6-3-0 in favor of a recommendation of approval for
ADM 11-3782 Cottage Housing Development Ordinance.
BUDGETIMPACT
None.
/ f )
ORDINANCE NO.
AN ORDINANCE TO ENACT §164.22 COTTAGE HOUSING
DEVELOPMENT INTO THE UNIFIED DEVELOPMENT CODE, TO
AMEND §162.01 TO ADD (RR) UNIT 44 COTTAGE HOUSING
DEVELOPMENT AND TO AMEND CHAPTER 161 ZONING DISTRICT TO
AUTHORIZE COTTAGE HOUSING DEVELOPMENTS AS A RIGHT IN
MULTI -FAMILY RESIDENTIAL DISTRICTS AND AS A CONDITIONAL
USE IN SINGLE FAMILY RESIDENTIAL DISTRICTS
WHEREAS, the City of Fayetteville has long sought to increase the availability of
quality affordable housing for its citizens; and
WHEREAS, the City of Fayetteville has an established policy to encourage in -fill
development and the mixture of different types and sizes of single family housing within
neighborhoods; and
WHEREAS, providing for a properly planned clustering of small, high quality, detached
single family houses (cottages) within a neighborhood of larger lots and homes can provide
attractive, compatible and affordable housing for our citizens.
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 enacts
§ 164.22 Cottage Housing Development (as shown on Exhibit A) into the Unified Development
Code of Fayetteville.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends
§162.01 to add use unit:
"(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
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends
Chapterl6t: Zoning Regulations of the U.D.C. to add "(RR) Use Unit 44 Cottage Housing
Development' as a use by right in multi -family residential districts and as a conditional use in
single family residential district as more specifically identified by Exhibit B.
PASSED and APPROVED this 15th day of November, 2011.
APPROVED:
LE
LIONELD JORDAN, Mayor
ATTEST:
SONDRA E. SMITH, City Clerk/Treasurer
Exhibit "A"
164.22 Cottage Housing Development
(A) Purpose. The purpose of the cottage
development ordinance is to encourage
innovation and variety in housing while
ensuring compatibility with established
neighborhoods, and to provide opportunities
for ownership of detached single-family
dwellings for a population diverse in age,
income and household size.
(B) Applicability. Cottage housing development
is permitted to be located as identified in
Chapter 161: Zoning Regulations of the
Unified Development Code, however, zoning
and development regulations such as
density, bulk and area, building area, street
frontage requirements, lot splits and other
standards for cottage housing development
shall follow the criteria adopted in this
chapter.
(C) Development Review Process. For
purpose of development review cottage',
housing developments less than one acre
shall be processed as a Site Improvement
Plan. Cottage housing development on lots
larger than one acre shall be processed as a
Large Scale Development. If individual
cottage housing unit lots are created the
cottage housing development shall tre
processed through the subdivision platting.
process.
(D) Cottage HousingDevelopmeot-Size,
Separation Requirements. and"Existing
Structures.
(1) Number of Cottage Housing Units
Permitted. Cottage housing
development shall contain a minimum of
four and a maximum'of 12 cottages
located in a cluster, on no less than one
half acre.
(2) Cottage Housing Development
Separation Requirement. Cottage
housing developments shall have a
minimum separation from other cottage
housing developments of not less than
1,000 feet.
(3) Existing Nonconforming Structures. On
a lot to be used for a cottage housing
development, existing detached single-
family residential structures, which may
be nonconforming with respect to the
standards of this section, shall be
permitted to remain, but the extent of
the nonconformity may not be
Increased. Such nonconforming dwelling
units shall be included in the maximum
permitted cottage density.
(E) Zoning Regulations. The parent tract prior to
development; shall conform to the zoning
criteria of the underlying zoning district.
(1) Density. Zoning Districts that allow
cottage housing development as a Use
by Right shall conform with the density
requirement of the underlying zoning
district. Zoning districts that allow
cottage housing developments as a
Conditional Use shall be allowed a
density not to exceed We times the
maximum density allowed in the
underlying zoning district.
(2)Lot Width Minimum. There Is no lot
width requirement for individual cottage
housing units.
(3) Lot Area Minimum. The lot area
minimum for cottage housing unit lots is
750 square feet_
(4) Land Area per Dwelling Unit. The land
area per dwelling unit requirement is
750 sq. ft.
(5) Setback Requirements.
(a) All structures shall have a minimum
separation of ten feet, measured
from edge of save to edge of save,
from other structures or cottages
within the cottage housing
development.
(b) The setback from the exterior
property lines of the original parent
tract shall be set by the underlying
zoning district.
(6) Building Height Regulations. The height
for all structures in a cottage
development shall not exceed the
permitted height requirement of the
underlying zoning district.
(7) Building Area. There is no minimum
building area requirement for individual
cottage housing unit lots.
pedestrian access to the common
(8) Accessory Dwelling Units. Accessory
open space and the street.
dwelling unit s are not permitted in
cottage housing developments.
(3) Open space.
(F) Common Property Maintenance. Community
(a) The required common open space
buildings, parking areas and common open
shall be provided in one contiguous
space shall be owned and maintained
parcel.
commonly by the cottage housing
development residents, through a
(b) A minimum of 300 square feet of
condominium associations, a homeowners'
common open space shall be
association ora similar mechanism, and
provided per cottage housing unit.
shall not be dedicated to the City.
Common open space with a
dimension of less than 20 feet shall
(G) Development Standards. All cottage
not be included in the calculation.
developments are subject to the following
standards:
(c) Each clottage housing unit shall be
provided with a private open space
(1) Floor Area. The total conditioned space
of 250 square feet with no
floor area of each cottage shall not
dimension of less than 10 feet.
exceed 1,100 square feet.
Private open space should be
contiguous to each cottage, for the
(a) Cottages shall have a maximum
.exclusive use of thecottage
first floor area or footprint of no
resident.
more than 900 sq. feet, excluding
-- -"
covered or attached porches.
(d) Parking areas, driveways and
common pedestrian access shall
(b) Future additions to any cottage
not be counted as open space.
housing unit shall meet the
'
requirements of this chapter.
(4) Fences:, Fencing in cottage housing
development should be respectful of the
(c) Floor area that doesnot count
context of the surrounding neighborhood
towards the total conditioned space
and should accentuate the common and
floor area permitted for a cottage
private open spaces.
housing unit includes:
(a) Fencing located between a cottage
(i) Architectural projections such
housing unit and a public street or
as utility closets no greater
the common open space shall not
-.'than eighteen inches in depth
exceed 48" in height.
and six feet En width, bay
windows and fireplaces.
(5) Parking Requirements and Standards.
_
Parking areas should be located within
4 - - (ii) Spaces with a ceiling height of
the cottage housing development in
.. six feet or less measured to the
such a way as to maintain the character
±.- exterior walls, such as interior
along the public street and to minimize
' :attic eaves.
the noise and light impacts on private
residences and public spaces.
(2) Cottage Orientation. The fronts of all
Reductions in parking space allowances
cottage housing; units shall be oriented
are not permitted in cottage housing
around the common open space or
developments. Permitted on-street
towards the street, with the following
parking spaces adjacent to a projects
exception:
frontage may count towards the parking
requirements of the development
(a) A maximum of 1 cottage in a
subject to approval by the Zoning and
cottage housing development is
Development Administrator. Parking
allowed to be located in an area
standards for cottage housing
that does not front onto the
developments shall be as follows:
common open space or street right
of way. These units shall be located
(a) The required number of parking
within 25 feet of the common open
spaces for each cottage shall be
space and shall have direct
determined according to the square
footage of the cottage housing unit.
(1) Cottages less than 1,000 sq. ft.
shall have 1.5 parking spaces
provided.
(ii) Cottages over 1,000 sq. ft.
shall have 2 packing spaces
provided.
(b) Parking lots containing five or more
parking spaces shall comply with
the parking lot construction and
design standards located in
Chapter 172: Parking and Loading
of the City's Unified Development
Code.
(c) Parking lots shall be located a
minimum of 25' back from the
public right-of-way.
(d) Shared covered parking shall be
designed to be similar and
compatible to the design, materials
and roof pitches used for the
cottage housing units.
(e) Parking space dimensions shall':
comply with Chapter 172: Parking:
and Loading of the Unified
Development Code.
(6) Bicycle Parking. Bicycle parking
should be located in a common area
and preferably be covered to protect
the long term storage of bicycles. It is
recommended that cottage housing
developments should provide one
unsheltered=bicycle rack or the
equwatent sheltered space to store two
tricycles per cottage housing unit.
(7�,'2Fire Department Access. Fire
department access shatl'be determined
at the.time of development review. Any
part oflstructure in a cottage housing
development that is located more than
150 feet from: Fire Department vehicle
access, as rneasured by an approved
route around the exterior of the buildings
or facilities, shall have a fire department
approved sprinkler system.
(8) Pedestrian Connectivity. All buildings
and common spaces shall be served by
a pedestrian circulation system that
connects to an existing or planned
sidewalk or trail system.
(9) Utilities. Individual cottage housing units
shall have a unique connection to the
main water and sewer lines. Main water
and sewer lines on private property
servicing cottage housing unit
developments shall be located in a
dedicated easement.
(10) Community Buildings. Community
buildings and common pavilions less
than 2,000 sq. ft. are permitted by right
In cottage housing development. These
structures shall be architecturally
integrated with the architectural style of
the cottage housing development.
(11)StormwaterrGrading. Cottage housing
developments shall comply with the
grading, drainage and stormwater
proyi9ions set forth in the Unified
Development Code Chapter 169 and
170. A drainagepermit application shall
contain sufficient,information and plans
to allow the City Engineer to determine
whether the project complies with these
requirements.
(12) Solid Waste Service. For the purposes
of solid waste collection cottage housing
developments are considered a
residential use and should receive
residential solid waste service
(individual carts and recycling bins). In
.certain instances, it may be necessary
fo service cottage housing
developments with commercial solid
waste collection equipment (dumpsters).
This may occur when a project is
located in a predominately commercial
area serviced by commercial solid waste
pick up. It is incumbent on the developer
to design solid waste service into the
cottage housing development plan early
in the process. The final determination
of solid waste service and pick-up areas
will be made at the time of development
review. Specific requirements for
residential and commercial solid waste
pick-up shall be as follows:
(a) Residential solid waste service
requires a designated location
adjacent to the street curb for trash
carts and recycling bins. This
location shall be kept clear of
obstructions on the designated solid
waste pick-up day. If this location is
also used for on -street parking it
shall be clearly marked and a sign
posted restricting use for the
designated solid waste pick-up day.
A minimum linear distance of 9 ft. is
required to accommodate each
cottage housing unit's trash cart
and recycling bin.
structurally identical front porches
(b) Commercial solid waste service
shall be located on adjacent cottage
requires a dumpster location that is
housing units.
freely accessible for front end
loading and screened from public
(2) Required Architectural Elements. A
view.
cottage housing unit with a front porch
that is credited for meeting the
(c) Solid waste facilities shall be
requirements of section 164.22(H)(1)
located behind the front building
above shall not be credited with meeting
setback line and shall be screened
the requirements of this section. All
from the right-of-way and adjacent
cottage housing units in a cottage
property owners by either
housing development shall contain a
architectural treatments or
minimum of two of the following building
vegetative screening.
features or treatments:
(H) Building Design Standards. Building design
(a) Porch.
shall provide variety and visual interest in
-- E-1
order to provide compatibility with the
(b)Variations in roof shapes or gables
character of the surrounding neighborhood.
between adjacent structures.
These standards are intended to avoid the
repetitive use of the same building design,
(c) Roof brackets,
structural features, detailing or finishes within
-
the cottage housing development.
(d) Bay windows. -
- (1) Variety in Cottage Housing Units
(a),, Dormers.
Floor Plans and Architectural
Treatments. In cottage housing
: (f) Chimneys.
developments no two structures shall tie
identical in terms of exterior finishes All '
(g) Other similar features or treatments
cottage housing units shall differ from-:';`
as approved by the Zoning and
each other by utilizing at least two of the
_. Development Administrator.
following options:
(1) Variances from. the minimum Cottage
(a) Variations in building material
Housing Development Requirements. An
finishes.such as clapboard; shake
applicant may request a variance for specific
shingles, stone, brick, etc;, and
requirements of the cottage housing
building color;
development ordinance from the Planning
Commission. Notification of adjoining and
(b) -Variations in adjacent cottage
adjacent property owners shall conform to
-_ hodsingunitfloor plans that alter
the requirements of Chapter 157: Notification
the location of exterior windows and
and Public Hearings of the City's Unified
.. doors;
Development Code. A variance of the
following standards of the cottage housing
(e): -Variations in the size of main floor
development ordinance may be requested:
area and/or building -height of
adjacent structures;: or
(1) Number of cottage housing units
permitted.
(d) A front porch witha minimum width
no less than 5Q°/a of the front
(2) Cottage housing development
building fagade. Front porches shall
separation requirement
have a minimum depth of 6 feet. No
Exhibit "B"
161.04 RSF-.5
Conditional Use Permit
161.05 RSF-1
Conditional Use Permit
161.06 RSF-2
Conditional Use Permit
161.07 RSF-4
Conditional Use Permit
161.08 RSF-7
Conditional Use Permit
161.09 RSF-8
Conditional Use Permit
161.10 RT -12
Use by Right
161.11 RMF -6
Use by Right
161.12 RMF -12
Use by Right
161.13 RMF -18
Use by Right
161.14 RMF -24
Use by Right
161.15 RMF -40
Use by Right
161.16 Neighborhood Services
Use by Right
161.17 R -O
Use by Right
161.18 C-1
Use by Right
161.19 Community Services
Use by Right
161.20 C-2
Use by Right
161.21 Urban Thoroughfare
Use by Right
161.22 C-3
Use by Right
161.23 Downtown Core
Use by Right
161.24 Main Street/Center
Use by Right
161.25 Downtown General
Use by Right
161.26 Neighborhood Conservation
Conditional Use Permit
Planning Commission
September 12, 2011
Page 14 of 18
ADM 11-3782: Administrative Item (UDC CH. 164: SUPPLEMENTARY DISTRICT REGULATIONS
— COTTAGE HOUSING DEVELOPMENT): Submitted by THE CITY OF FAYETTEVILLE PLANNING
DIVISION. The request is to amend Chapter 164 of the Unified Development Code (UDC) to permit cottage
housing development.
Leif Olson, Planner, gave the staff report and outlined the key points of the Cottage Housing Ordinance with a
power point presentation.
Commissioner Cabe opened the floor for public comment.
Rob Sharp addressed the commission and expressed his support of the ordinance. Sharp commented on the
fact that the ordinance was very prescriptive in order to achieve a high quality product. Sharp discussed the
need in Fayetteville for smaller housing units to serve the growing demographic of singles, couples, retirees,
etc.
Commission Cabe closed the floor for public comment.
Commissioner Chesser asked if the architectural requirements would preclude modern architectural styles
Leif Olson stated that the ordinance is not prescriptive in regard to architectural style.
Commissioner Chesser commented that he felt that the Cottage Housing Ordinance should be permitted by
right in single family zoning districts.
Commissioner Chesser stated that he would have a hard time supporting this ordinance if it did not allow
CND's in single family zoning districts by right.
Commissioner Earnest stated his support of the ordinance.
Commission Cabe asked if existing non -conforming structures would count as a housing unit in the total
number of housing units permitted in the development.
Leif Olson stated that an existing structure that would remain on the property after the development was
completed would count as one of the housing units allowed in the development.
Commission Cabe asked if any other cities permitted well done parking areas to count in the square footage of
open space required per dwelling unit.
Leif Olson indicated that none of the twenty or so CHD ordinances that staff looked at allowed parking areas to
count for the required open space requirement.
Commissioner Cabe asked if the language regarding the inclusion of bicycle racks or designated bike storage
should be strengthened to a requirement instead of a recommendation.
Leif Olson indicated that staff removed the requirement for bike storage because a City Council sponsor of the
ordinance requested that change. Olson stated that the City does require bike racks for commercial projects but
not for any single family type projects but that staff would encourage developers to include bike storage facilities
in their design.
Planning Commission
September 12, 2011
Page 15 of 18
Commissioner Cabe asked if a variance could be added in order to allow for less variation in the architectural
requirements.
Leif Olson stated that the ordinance could be amended in order to allow for that possibility.
Commissioner Hoskins asked if there is anything in the ordinance that would preclude someone from having a
garage attached to a cottage housing unit.
Leif Olson stated that the requirement is that the footprint of the home shall not exceed 900 square feet.
Commissioner Hoskins asked if staff had seen any of these developments that had garages attached to the
cottages.
Leif Olson and Andrew Garner both indicated that they had not found examples with garages attached.
Commissioner Hoskins asked about the square foot requirement for the cottages and whether the City should
allow for units larger than 1,100 square feet. Hoskins asked staff about the square footage requirements of peer
cities that had adopted CHID.
Leif Olson stated that of the approximately 20 peer cities ordinances reviewed the square footage was typically
limited to 1,000 to 1,300 square feet.
Commissioner Hoskins asked if it would make sense to allow for cottage housing units that are larger than
1,100 square feet. Hoskins stated that the 1,100 sq. ft. would limit the market for these housing units. Hoskins
discussed the various demographic trends and what buyers are looking for.
Leif Olson stated that the limited square footage requirement is in place for the purposes of scale and
compatibility and that once you get up over a certain square footage it is no longer a cottage but a house. Olson
stated that staff felt strongly that 1,100 sq. ft. was appropriate to ensure that the units were small enough in scale.
Commissioner Hoskins indicated that he felt 1,100 sq. ft. is too small and that the inconvenience ofparking and
walking to a cottage unit may turn off some potential buyers. Hoskins stated that it would be very difficult to
locate a garage in a unit with a maximum first floor footprint of 900 sq. ft.
Leif Olson stated that the cottage housing ordinance is designed to be very prescriptive and that it is a very
specific tool that will not appeal to all developers or potential buyers. Olson discussed the fact that this type of
development would appeal to a niche market that would not necessarily see the fact that the housing unit did not
have a garage as a negative.
Commissioner Hoskins stated that he thought it was a great ordinance and he thanked staff for bringing it
forward.
Commissioner Chesser discussed the square footage requirement and suggested that some flexibility might be
desirable. Chesser suggested allowing a percentage overage of the maximum sq. ft. allowed.
Leif Olson discussed the ability for the developer to do fee simple or condominium ownership and that the
incentive for the developer was to be able to create individual lots for each cottage that did not have to have street
frontage so long as the parent tract met the requirements of the underlying zoning district. Olson stated that the
prescriptive requirements of the ordinance such as the 1,100 sq. ft, maximum are intended to ensure that the
Planning Commission
September 12, 2011
Page 16 of 18
housing built would be small in scale and not a cluster of large homes without street frontage
Commissioner Hoskins stated that his issue with the ordinance was that the footprint was limited to 900 sq. ft.
and the limited ability to have a garage within that area.
Commissioner Cabe stated that he felt that the ability for each cottage housing unit to have direct car access
would be limited due to the cost of providing private streets in such a small cluster of size limited homes. Cabe
discussed the CHD ordinance as a tool that will be used as an alternative development pattern and that we
shouldn't try to shoehorn this ordinance in order to meet what is the perceived current real estate market. Cabe
indicated that he thought these developments would be tucked into vacant and underutilized land in the core of
Fayetteville instead of on the fringe of the City. Discussion followed regarding carports and garages.
Rob Sharp stated that a garage is not necessarily integral to a housing unit and the fact that the social
interactions that take place walking is a viewed as a positive aspect of these developments. Sharp also discussed
that he felt it was important to get a few of these built and then come back and revisit the ordinance to see what
was and wasn't working.
Commissioner Earnest pointed out that this is only a tool to help meet the changing demographics. Earnest
acknowledged that the PZD process existed for developers to do innovative projects and that variations of these
type of projects can still be approved with the PZD.
Motion:
Commissioner Earnest made a motion to forward ADM 11-3782 to the City Council with a recommendation
for approval. Commissioner Bunch seconded the motion. Upon roll call the motion passed with a vote of 6-
3-0 (Commissioners Chesser, Honchell, and Hoskins voting 'no').
F."L
ORDINANCE NO.
TO ENACT § 164.22
THE UNIFIED DEVED
WHEREAS, the City dk Fayetteville has
quality affordable housing for its ci 'zens; and
WHEREAS, the City of
development and the mixture of
neighborhoods; and
AGE HOUSING
CODE
to increase the availability of
'an established policy to encourage in -fill
and sizes of single family housing within
WHEREAS, providing for a pro5ing
anned clustering of small, high quality, detached
single family houses (cottages) withinigh rhood of larger lots and homes can provide
attractive, compatible and affordable ho for o citizens.
NOW, THEREFORE BE T ORDAINED Y THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, A NSAS:
Section 1: That the ty Council of the City of etteville, Arkansas hereby enacts
§164.22 Cottage Housing D elopment (as shown on Exhibi A) into the Unified Development
Code of Fayetteville.
PASSED and
APPROVED:
this 15th day of November, 2011.
By:
ATTEST:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
NORTHWEST ARKANSAS DEMOCRAT-GAZETTE
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