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ORDINANCE NO. 5668
AN ORDINANCE TO AMEND § 164.10 GARAGE AND/OR
AGRICULTURAL AND PRODUCE SALES; § 16 1. 10 (X) UNIT 24. HOME
OCCUPATION, § 163.08 HOME OCCUPATIONS AND § 164.04 URBAN
AGRICULTURE (FOWL, BEES, AND GOATS) OF THE UNIFIED
DEVELOPMENT CODE
WHEREAS, the City Council wishes to permit owners of property in single family
residential and educational zoned districts to keep and sell ducks, female chickens, bees and
certain goats under certain conditions to promote urban agriculture and access to locally grown
food.
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 repeals §
164.01 Garage Sales and enacts a new § 164.01 Garage and/or Agricultural and Produce
Sales as shown on Exhibit "A" attached hereto.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby repeals §
162.01 (X) Unit 24. Home occupation and enacts a replacement § 162.01 (X) Unit 24. Home
occupation as shown on Exhibit `B" attached hereto.
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby repeals §
163.08 Home Occupations by repealing it in its entirety and enacting a replacement § 163.08
Home Occupations as shown on Exhibit "C".
Section 4. That the City Council of the City of Fayetteville, Arkansas hereby repeals §
164.04 Animals and Fowl and enacts a replacement § 164.04 Urban Agriculture (Fowl, Bees
and Goats) as shown on Exhibit "D".
PASSED and APPROVED this 181h day of March, 2014.
APPROVED: A17ES`f:
By:
Ordinance No. 5668
Page 2
SONDI2A E. SMITH, City Clerk/Tvc*urotl!+,,,,
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Exhibit "A"
Amend Chapter 164:10
164.10 Garage and/or Agricultural & Produce Sales
Garage and/or agricultural & produce sales are
permitted in any zoning district subject to the following
conditions:
(A) Frequency. Garage and/or agricultural &
produce sales shall not locate in one (1) location
more than four (4) times per year.
(8) Tenn. Garage and/or agricultural & produce
sales may be held for a duration not to exceed
three (3) consecutive days.
(C) Signs. One on-site and three off-site temporary
signs are allowed to be posted, however, posting
may not occur more than two (2) days before the
sale begins. Signs are not to be located on
public rights-of-way. Each sign shall not exceed
4.5 square feet in area. The off-site signs shall
include address and date(s) of sale. All signs
shall be removed by 5:00 a.m. on the day
following the sale. Any such signs not so
removed the following day, or located in public
rights-of-way may be removed by city staff and
for any such sign removed a collection fee shall
be imposed.
Exhibit `B"
Amend Ch. 162
(X) unit 24. Home occupation.
(1) Description. Unit 24 consists of businesses for which financial compensation is received,
conducted on a residential property, and which generates motor vehicle traffic to the residential
property. Only those residing on the property may be employed by the home occupation.
(2) Included uses.
Home child care, no
more than six children
Instructional services:
Art
Crafts
Dance
Music
Tutoring
Professional services:
Architects
Insurance agents
Lawyers
Real estate agents
Accountants
Editors
Publishers
Graphic designers
Travel agents
Repair services:
Clocks and watches
Computers
Electronic devices
Lawnmowers
Small appliances
Small engines
Sales of home
Produce
produced agriculture
Eggs
products:
Honey or beeswax products
Jams or jellies
Milk and milk products
Other products that may be home
grown or home made on this
property
Exhibit "C"
Amend Ch. 163.08
163.08 Home Occupations
(E) Parking. No parking spaces other than
In any zoning district where home occupations
normal residential parking spaces shall be
are permitted by right or conditional use, said
permitted.
home occupations shall not occupy more than
30% of the gross floor area of one floor of the
(F) Additional regulations. Home occupations in
primary dwelling unit, nor more than 300 square
an RSF District shall be subject to the
feet of the gross floor area, whichever is greater.
following additional regulations:
For Building Regulations purposes, any non-
residential use that exceeds 30% of the gross
(1) Term. No conditional use permit for a
floor area of one floor of the primary dwelling unit
home occupation in any RSF District
or more than 300 square feet of the gross floor
shall be issued for a period exceeding
area of the structure shall meet all applicable
one year, but such a permit may be for a
building and Unified Development Code
period shorter than one year. Upon
regulations and shall not be considered a home
expiration of a conditional use permit,
occupation. These limitations shall not apply to
the Zoning and Development
foster family care, or the providing of room or
Administrator shall have the authority to
board as an accessory use only. Home
renew a conditional use permit for the
occupations that require a conditional use permit
same period as originally authorized, if
shall be subject to the following regulations:
the Zoning and Development
Administrator has received no
(A) Exterior alterations. No exterior alterations
complaints or opposition from residents
of the structure may be made which are of a
of the neighborhood in which the home
nonresidential nature.
occupation is located. The Zoning and
Development Administrator may refer
(B) Sign/evidence of business. No advertising,
any proposed renewal of a conditional
display, storage or other external evidence of
use permit to the Planning Commission
business shall be permitted, except that for
for final decision.
each dwelling unit with a permitted home
occupation, one unanimated, non -illuminated
(2) Hours. No home occupation shall be
home occupation sign which identifies the
open to the public earlier than 7:30 a.m.
home occupation shall be permitted, if such
or later than 5:30 p.m.; provided, the
sign is erected flat against a wall or door or
Planning Commission may vary the
is displayed in a window, and does not
restrictions imposed hereby upon a
exceed three (3) square feet in area. No
determination that such a variance will
freestanding signs shall be permitted for
not adversely affect the health, safety,
home occupations in any zone.
peace, tranquility, or welfare of the
neighborhood in which the home
(C) Employees. No person may be employed
occupation is located.
other than a member of the immediate family
residing on the premises.
(3) Traffic. No home occupation shall be
allowed in an RSF District if the
(D) Mechanical equipment. No mechanical
Planning Commission determines that
equipment may be used which creates a
the home occupation would generate
disturbance such as noise, dust, odor, or
such excessive traffic as would
electrical disturbance.
adversely affect the safety, peace,
tranquility or welfare of the
neighborhood.
Exhibit "D"
Amend Ch. 164.04 Animals and Fowl Supplementary District Regulations
164.04 Urban Agriculture (Fowl, Bees
& Goats) 200 FEET
Hog raisin
(A) General Provisions Livestock: assembly, breeding, feeding, sales or
shipment
(1) It shall be unlawful for any person to
permit or allow any domesticated animal
or fowl to run at large within the
corporate limits of the city.
(2) Animals traditionally associated with the
practice of livestock raising or farm
animals, such as horses, goats, swine,
chickens, cows, bees and other such
animals are not considered pets and are
not permitted within any zoning district
in the city limits, with the exception of R-
A, Residential Agricultural or other
zoning districts in which Use Unit #6,
Agriculture and Use Unit #7, Animal
Husbandry are permitted uses by right,
unless otherwise stated herein.
(3) Separation of use. Unless otherwise
stated herein, the following uses, where
permitted, shall be conducted no nearer
than the following stated number of feet
to the boundary of an R District, or to a
dwelling on the same premises.
25 FEET
Chicken Coop in Residential districts (from
residential dwelling on adjacent lot
50 FEET
Animal hospital; serving household pets and similar
small animals
Commercial breeding, raisin
Boarding: breeding, raising, or boarding of household
pets or similar small animals for commercial purposes
Kennel
Egg farm
100 FEET
Animal hospital: sewing livestock and similar animals
Boarding or training of horses
Dairy farm
Poultry farm
Farm: for raising cattle, goats, horses, sheep, rabbits
and poultry
(4) This section shall not supersede or invalidate
any sections within Fayetteville City Code,
Chapter 92 — Animals. Chapter 92 shall take
precedence over any conflicting provisions of
this section.
(B) Fowl. It shall be lawful to keep fowl within the
corporate limits of the city under the
following terms and conditions:
(1) Allowed fowl shall include ducks and/or
female chickens only. No roosters shall
be allowed. All fowl shall be a breed
that cannot fly or must be wing -clipped
to prevent flight.
(2) The principal use of the property shall
be educational or single family
residential.
(3 A maximum of four (4) fowl shall be
allowed on lots five thousand (5,000)
square feet and smaller. For lots larger
than five thousand (5,000) square feet,
one (1) additional fowl shall be allowed
for every additional one thousand two
hundred and fifty (1,250) square feet, up
to a maximum number of twenty (20)
fowl.
(4) There shall be no outside slaughtering
of fowl.
(5) Fowl shall be provided with sufficient
good and wholesome food and water.
(6) All fowl shall have a coop/roost that is
constructed with a minimum area of
three (3) square feet per fowl and during
daylight hours fowl shall have access to
a secure enclosure/yard that is
adequately fenced to protect them from
predators. The coop/roost shall be kept
in the side or rear yard, and is not
permitted in the front yard area.
(7) The coop/roost structure shall not be
located closer than twenty-five (25) feet
to any residential structure on an
adjacent lot, and shall meet the building
setbacks of the underlying zoning
district.
(8) The coop/roost structure shall be well
ventilated and provide protection from
the weather and predators. The
coop/roost area must be kept in a neat
and sanitary condition at all times, and
must be cleaned on a regular basis so
as to prevent offensive odors, attraction
of flies or vermin, the creation of an
environment otherwise injurious to the
public health and safety, or that would
obstruct the free use of property so as to
interfere with the comfortable enjoyment
of life or property by members of the
neighborhood, city, or other persons.
The owner shall provide for the storage
and removal of manure. Stored manure
to be used for composting shall be fully
covered or placed in an enclosure. All
manure not used for composting or
fertilizing shall be removed and properly
disposed.
(9) Illegal fowl currently existing in the city
shall not be "grandfathered" or permitted
to remain after the effective date of this
Ordinance.
(10)The City may further restrict or prohibit
the keeping of fowl within residential
districts, within a neighborhood or on a
particular property if the City Council
determines that fowl have created a
public nuisance or public health issue.
(11)Nothing in this section shall be deemed
or construed to prohibit the keeping of
fowl within a school property or
community garden for the purposes of
study or education.
(C) Bees. It shall be lawful to establish of
maintain any hive where bee colonies ars
kept, or keep any bees in or upon any
premises within the corporate limits of the
city under the following terms and conditions:
(1) The principal use of the property shall
be educational or single family
residential.
(2) A maximum of two (2) hives shall be
allowed on lots five thousand (5,000)
square feet and smaller. For lots larger
than five thousand (5,000) square feet,
one (1) additional hive shall be allowed
for every additional two thousand five -
hundred (2,500) square feet up to a
maximum of four (4) hives.
(3) All hives shall be located at least twenty
(20) feet from a securely fenced
property line. Hives shall be located a
minimum of one hundred (100) feet from
an unfenced property line. Hives shall
be kept in the side or rear yard, and are
not permitted in the front yard area.
(4) Fresh clean watering facilities for the
bees shall be provided within twenty
(20) feet of the hive(s) at all times.
(5) All hives shall be registered through the
Arkansas State Plant Board and all
hives and equipment kept in accordance
with the Arkansas Apiary Law and
Regulations.
(6) Each beehive shall be identified by
displaying the name, telephone number,
address and state registry number of the
beekeeper on the structure of the hive
or on a sign within ten (10) feet of the
hive. Identification shall be placed in a
manner to make it conspicuous to
anyone approaching the hive(s). This
information shall also be made available
to any city official upon request.
(7) Nothing in this section shall be deemed
or construed to prohibit the keeping of
bees at a school property or community
garden for the purposes of study or
education.
(8) Africanized honey bees are prohibited.
(9) In instances where bees create a public
hazard with unprovoked aggressive
behavior, it shall be the responsibility of
the beekeeper to re -queen or remove
the colony. The Northwest Arkansas
Beekeepers Association should be
contacted to handle the removal or re -
queening of beehives.
(10)The City may further restrict or prohibit
the keeping of bees within residential
districts, within a neighborhood or on a
particular property if the City Council
determines that bees have created a
public nuisance or public health issue.
(D) Goats. It shall be lawful to keep goats within
the corporate limits of the city under the
following terms and conditions:
(1) Allowed goats shall be female dwarf or
pygmy goats not weighing more than
(8) The shelter shall not be located closer
than fifty (50) feet to any residential
structure on an adjacent lot, and shall
meet the building setbacks of the
underlying zoning district. The shelter
and fenced yard shall be in the side or
rear yard, and are not permitted in the
front yard area.
(9) The yard must be kept in a neat and
sanitary condition at all times, and must
be cleaned on a regular basis so as to
prevent offensive odors, attraction of
flies or vermin, the creation of an
environment otherwise injurious to the
public health and safety, or that would
obstruct the free use of property so as to
interfere with the comfortable enjoyment
of life or property by members of the
neighborhood, city, or other persons.
The owner shall provide for the storage
eighty-five (85) lbs and no taller than
and removal of manure. Stored manure
twenty-two and a half (22.5) inches at
to be used for composting shall be fully
the withers (ridge between the shoulder
covered or placed in an enclosure. All
blades). Bucks are not allowed.
manure not used for composting or
fertilizing shall be removed and properly
(2)
All goats shall have RFID microchips
disposed.
and be registered with the Fayetteville
Animal Services Program.
(10) Nothing in this section shall be deemed
or construed to prohibit the keeping of
(3)
The principal use of the property shall
goats within a school property or
be educational or single family
community garden for the purposes of
residential.
study or education. Additionally, land
owners are permitted to keep goats in
(4)
Goats shall not be permitted on lots
one location for a maximum of two (2)
smaller than ten thousand (10,000)
weeks for the purpose of land clearing
square feet. The minimum number of
and the removal of vegetation.
goats kept on a lot that is ten thousand
(10,000) square feet and larger shall be
(11)The City may further restrict or prohibit
two (2). Lots fifteen thousand (15,000)
the keeping of goats within residential
square feet and larger shall be allowed
districts, within a neighborhood or on a
up to a maximum number of three (3)
particular property if the City Council
goats. Nursing off -spring may be kept
determines that goat(s) have created a
on the property until the age of twelve
public nuisance or public health issue.
(12) weeks and shall not be included in
the number of goats allowed.
(E) Exemptions. The above sections are not
intended to apply to indoor birds kept as
(5)
There shall be no onsite slaughter of
pets, such as, but not limited to, parrots or
goats.
parakeets, nor to the lawful transportation of
fowl through the corporate limits of the city.
(6)
Goats shall be provided with sufficient
Neither shall it apply to fowl, bees or goats
good and wholesome food and water.
kept in areas of the City which are zoned R-
A, Residential Agricultural, or other zoning
(7)
All goats shall have a secure, fenced
districts in which Use Unit #6, Agriculture
yard constructed with a minimum area
and Use Unit #7, Animal Husbandry are
of two hundred (200) square feet per
permitted uses by right.
goat and a shelter that is minimum five
(5) square foot per goat. Shelters shall
be well ventilated and provide protection
from the weather including four sides
with opening, roof and floor.
(8) The shelter shall not be located closer
than fifty (50) feet to any residential
structure on an adjacent lot, and shall
meet the building setbacks of the
underlying zoning district. The shelter
and fenced yard shall be in the side or
rear yard, and are not permitted in the
front yard area.
(9) The yard must be kept in a neat and
sanitary condition at all times, and must
be cleaned on a regular basis so as to
prevent offensive odors, attraction of
flies or vermin, the creation of an
environment otherwise injurious to the
public health and safety, or that would
obstruct the free use of property so as to
interfere with the comfortable enjoyment
of life or property by members of the
neighborhood, city, or other persons.
The owner shall provide for the storage
Washington County, AR
I certify this instrument was filed on
03/31/2014 10:14:53 AM
and recorded in Real Estate
File Number 2014-00on7ani
Kyle Sylvester- Circuit Clerk
by ?�
City of Fayetteville Item Review Form
2014-0032
Legistar File Number
02/18/14
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Peter Nierengarten Sustainability & Resilence
Submitted By Department
Action Required:
Staff recommends approval of ADM 13-4331 to amend Unified Development Code Chapters 151,
162, 163 and 164 to create greater citizen access to Onsite Produce Sales and Urban Agriculture.
Does this item have a cost? =
Cost of this request
Category or Project Budget
Program or Project Name
Account Number
Funds Used to Date
Program or Project Category
ADM 13-4331
$0.00
Project Number
Remaining Balance
Fund Name
Budgeted Item?
Budget Adjustment Attached?
V20130812
Previous Ordinance or Resolution #
60-13
Original Contract Number.
Comments:
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THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
CITY COUNCIL AGENDA MEMO
To: Mayor Lioneld Jordan and City Council
Thru: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
Peter Nierengarten, Sustainability & Strategic Planning Director
From: Peter Nierengarten, Sustainability & Resilience Director P ty
Date: January 17, 2014
Subject: ADM 13-4331 Urban Agriculture Code Amendments
Staff recommends approval of ADM 13-4331 to amend Unified Development Code Chapters 151, 162,163 and 164 to
create greater citizen access to Onsite Produce Sales and Urban Agriculture.
BACKGROUND
Fayetteville has seen a growing interest in local food and food security issues over the last several years. The national
organization concerned about access to healthful foods, Feeding America has determined that 15% of Washington
County's residents are food insecure. According to the Arkansas Department of Human Services, Washington County
also has the second highest SNAP (food stamp) enrollment rate in Arkansas. These statistics, combined with an interest in
preserving and celebrating local food culture have given rise to the formation of a number of local food related non-
profits, as well as the increased support and popularity of local food entities, such as the Fayetteville Farmers' Market.
In response to these pressing issues, Feed Fayetteville a local non-profit dedicated to community food security, solicited a
community food survey in October 2012 which included questions asking how to improve Fayetteville's community food
system, urban agriculture, and access to fresh food. In a second survey, the Fayetteville Forward Local Foods group
ranked these priorities, with the top three being:
1) Review the Unified Development Code (UDC) and recommend changes that would ease/increase citizens'
ability to produce food;
2) Explore the possibilities for expanded opportunities to sell food onsite where grown; and
3) Review of the Animals and Fowl ordinance for possible increases in the type and number of animals permitted.
In March 2013, the City Council requested that staff assemble a group of stakeholders to review these priorities and
recommend amendments to the Unified Development Code that would allow residents to raise more farm animals and sell
more crops and animal products on non -agriculturally zoned lands in order to provide greater food security for
Fayetteville residents. Staff met with a group of urban farmers, agricultural law experts, farmer's market representatives,
and food security professionals to review Fayetteville's Unified Development Code food related policies, as well as other
cities' policies, and has proposed revisions to the UDC based on their research and discussions. These recommendations
fall into two categories: on-site sales and animals.
Onsite Sales:
Stakeholders and survey respondents expressed the desire to create more and easier ways to sell and purchase local
produce and homemade food products onsite at a small and medium scale. Staff is addressing these needs by proposing
changes to:
THE CITY OF FAYETTEVILLE, ARKANSAS
• Chapter 164.10: Garage Sales - Adding agricultural and produce sales as an allowed use;
• Chapter 162:01 Use Units - Including the sales of home produced agricultural products as an allowable home
occupation. This use unit is a conditional use in all residential zoning districts; and
• Chapter 163.08: Home Occupation Use Conditions - Allow sales to take place in accessory structures and regulate
signage in residential zoning districts.
Animals:
During discussions about increases in the type and number of animals permitted within the City, stakeholders felt strongly
that larger properties that could sustain more animals should be allowed to have a larger number of animals. Therefore,
recommendations for greater numbers of fowl, bees and goats are all based on increasing lot sizes, meaning that as lots get
larger, more animals are allowed. Staff and stakeholders spent considerable time reviewing ordinances related to farm
animals in many other cities and feel that the proposed ordinance changes provide reasonable allowances for numbers of
animals while still providing protection for the peace and tranquility of Fayetteville neighborhoods. The proposed
ordinance changes include property line and residence setbacks and require that all animals be kept in a neat and sanitary
condition. The proposed ordinance changes also include registration requirements for bees and goats.
Many newer subdivisions in Fayetteville have covenants that prohibit animals other than dogs and cats. The proposed
ordinance changes do not overrule or supersede any subdivision covenants.
Staff has attached the following background information for this project:
• A summary of the proposed code changes
• A clean revised copy of the proposed code language
• A copy of the existing code language with the proposed changes shown in highlight and strikeout
• Peer cities animals allowance comparison
• City Council Resolution and agenda packet from March 19, 2013
On December 9, 2013 the Planning Commission discussed changes to the above referenced UDC Chapters. After a 4 — 4
vote on the proposed changes, the Commission voted to table discussion to the January 13, 2014 Planning Commission
Meeting. Based on comments received during the December 9°i meeting and subsequent conversations with
Commissioners, the following changes were included in the revised ordinance:
• Requirement for manure disposal in Section 164.B8 and 164.D9
• Clarification on the requirement for signage for beehives in Section 164.C6
• Restriction of goats to the back and side yard in Section 164.D8
At their January 13, 2014 meeting, the Planning Commission voted 7 — 0 in favor of forwarding the revised ordinance
changes to the City Council.
Additionally, the proposed increase in allowed numbers of fowl and goats may require small changes to City Code
Chapters 92.23 and 92.24 to all for the impoundment and redemption of livestock by the Animal Services Program.
BUDGETIMPACT
The proposed increase in allowed numbers of fowl and goats could potentially increase the animal transport and
containment needs of the Fayetteville Animal Service Program in the future. A current estimate of $22,000 would allow
for the purchase of a livestock transport trailer and construction of a livestock containment area at the Fayetteville Animal
Shelter. The livestock trailer and containment area would also help address pre-existing needs that Animal Service
currently has in dealing with at -large livestock in Fayetteville. This capital improvement has not been identified as a high
priority due to relatively low call numbers related to livestock transport, but may have to be revisited if there is impact to
the program from the proposed ordinance such that the improvements are deemed necessary.
THE CITY OF FAYETTEVILLE, ARKANSAS
INEEMENE
SUMMARY
Below is a summary of the Proposed Urban Agriculture Changes for Unified Development Code:
Chapter 164.10: Garage Sales (Exhibit A)
• Amended to Add Agricultural & Produce Sales
• Allows home sales of agricultural products 4 times per year (duration not to exceed 3 days) by right
Chapter 162: Use Units (Exhibit B)
• Amend Use Unit 24 — Home Occupations
• Includes Sales of Home Produced Ag Products as an allowable Home Occupation
• Home Occupations are already a Conditional Uses in all Residential Zoning Districts
Chapter 163.08: Home Occupation - Use Conditions (Exhibit C)
• Allow sales to take place in accessory structures (garage, bam, ADU, etc.)
• Allow signage in residential zoning districts
Chapter 164.04: Animals and Fowl (Exhibit D)
• Rename to Urban Agriculture (Fowl, Bees & Goats)
FOWL
• Defines allowed Fowl as Female Chicken and Ducks. NO ROOSTERS!
• Fowl allowed on single family residential (no change) and educational properties
• 4 fowl allowed on any lot (no change)
• For lots larger than 5000 sq ft, 1 additional fowl is permitted for each 1250 sq ft of lot area up to a maximum of
20 fowl
• Each fowl requires a minimum of 3 sq ft of coop space and access to outside
• Coops must be kept 25 feet from a neighboring residence (no change)
• Coops must be kept in side or back yard (no change)
• Coops must be kept,in a sanitary condition (no change) and manure must be properly stored or disposed of
Fowl Examples:
Lot Size
Current Max
Proposed Max
RSF 4 zoning minimum 8000 ft2 lot
4
6
10,900 ft2 lot -114 acre
4
8
14,500 ft2 lot -113 acre
4
11
21,800 ft2 lot -112 acre
4
17
25,000 ft2 lot and larger
4
20
THE CITY OF FAYETTEVILLE, ARKANSAS
BEES
• Bees allowed on single family residential and educational properties
• 2 hives allowed on any lot
• For lots larger than 5000 sq ft, 1 additional hive is permitted for each 2500 sq ft of lot area up to a maximum of 4
hives
• Hives not closer than 20 ft to property line (if fenced)
• Hives not closer than 100 ft to property line (without a fence)
• Hives must be kept in side or back yard
• Beekeeper must provide fresh water
• Beekeeper must obey by all Arkansas Apiary Laws
• Hive ownership details must be displayed with hive
• No Africanized bees
• Bees that create a public hazard must be removed or re -queened
Bee Examples:
Lot Size
Current Max
Proposed Max
RSF 4 zoning
minimum 8000 ft2 lot
0
3
10,900 ft2 lot
—1/4 acre
0
4
14,500 ft2 lot
—1/3 acre
0
4
21,800 ft2 lot
—1/2 acre
0
4
GOATS
• Only female dwarf or pygmy goats allowed (851b and 22.5' tall max.) NO BUCKS!
• Goats have RFID microchips
• Goats allowed on single family residential and educational properties
• Goats only allowed on lots 10,000 sq ft and larger (2 goats allowed)
• Lots 15,0000 sq ft and larger are allowed up to a maximum of 3 goats
• Each goat requires minimum of 200 sq ft of secure fenced yard
• Stable or shelter is not allowed closer than 50 ft to a neighboring residence
• Stable or shelter and fenced yard must be kept in side or back yard
• Yard must be kept in a sanitary condition and manure must be properly stored or disposed of
Goat Examples:
Lot Size
Current Max
Proposed Max
RSF 4 zoning
minimum 8000 ft2 lot
0
0
10,900 ft2 lot
—1/4 acre
0
2
14,500 ft2 lot
—1/3 acre
0
2
21,800 ft2 lot
—1/2 acre
0
3
ORDINANCE NO.
AN ORDINANCE TO AMEND § 164.10 GARAGE AND/OR
AGRICULTURAL AND PRODUCE SALES; § 16 1. 10 (X) UNIT 24. HOME
OCCUPATION, § 163.08 HOME OCCUPATIONS AND § 164.04 URBAN
AGRICULTURE (FOWL, BEES, AND GOATS) OF THE UNIFIED
DEVELOPMENT CODE
WHEREAS, the City Council wishes to permit owners of property in single family
residential and educational zoned districts to keep and sell ducks, female chickens, bees and
certain goats under certain conditions to promote urban agriculture and access to locally grown
food.
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 repeals §
164.01 Garage Sales and enacts a new § 164.01 Garage and/or Agricultural and Produce
Sales as shown on Exhibit "A" attached hereto.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby repeals §
162.01 (X) Unit 24. Home occupation and enacts a replacement § 162.01 (X) Unit 24. Home
occupation as shown on Exhibit `B" attached hereto.
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby repeals §
163.08 Home Occupations by repealing it in its entirety and enacting a replacement § 163.08
Home Occupations as shown on Exhibit "C".
Section 4. That the City Council of the City of Fayetteville, Arkansas hereby repeals §
164.04 Animals and Fowl and enacts a replacement § 164.04 Urban Agriculture (Fowl, Bees
and Goats) as shown on Exhibit "D".
PASSED and APPROVED this 41h day of February, 2014.
APPROVED:
Lm
LIONELD JORDAN, Mayor
ATTEST:
0
Ordinance No.
Page 2
SONDRA E. SMITH, City Clerk/Treasurer
Exhibit "A"
Amend Chapter 164:10
164.10 Garage and/or Agricultural &
Produce Sales
Garage and/or agricultural & produce sales are
permitted in any zoning district subject to the following
conditions:
(A) Frequency. Garage and/or agricultural &
produce sales shall not locate in one (1) location
more than four (4) times per year.
(B) Term. Garage and/or agricultural & produce
sales may be held for a duration not to exceed
three (3) consecutive days.
(C) Signs. One on-site and three off-site temporary
signs are allowed to be posted, however, posting
may not occur more than two (2) days before the
sale begins. Signs are not to be located on
public rights-of-way. Each sign shall not exceed
4.5 square feet in area. The off-site signs shall
include address and date(s) of sale. All signs
shall be removed by 8:00 a.m. on the day
following the sale. Any such signs not so
removed the following day, or located in public
rights-of-way may be removed by city staff and
for any such sign removed a collection fee shall
be imposed.
Exhibit "B"
Amend Ch. 162
(X) Unit 24. Home occupation.
(1) Description. Unit 24 consists of businesses for which financial compensation is received,
conducted on a residential property, and which generates motor vehicle traffic to the residential
property. Only those residing on the property may be employed by the home occupation.
(2) Included uses.
Home child care, no
more than six children
Instructional services:
Art
Crafts
Dance
Music
Tutoring
Professional services:
Architects
Insurance agents
Lawyers
Real estate agents
Accountants
Editors
Publishers
Graphic designers
Travel agents
Repair services:
Clocks and watches
Computers
Electronic devices
Lawnmowers
Small appliances
Small engines
Sales of - home
Produce
produced agriculture
Eggs
products:
Honey or beeswax products
Jams or jellies
Milk and milk products
Other products that may be home
grown or home made on this
property
Exhibit "C"
Amend Ch. 163.08
163.08 Houle Occupations
(E) Parking. No parking spaces other than
In any zoning district where home occupations
normal residential parking spaces shall be
are permitted by right or conditional use, said
permitted.
home occupations shall not occupy more than
30% of the gross floor area of one floor of the
(F) Additional regulations. Home occupations in
primary dwelling unit, nor more than 300 square
an RSF District shall be subject to the
feet of the gross floor area, whichever is greater.
following additional regulations:
For Building Regulations purposes, any non-
residential use that exceeds 30% of the gross
(1) Term. No conditional use permit for a
floor area of one floor of the primary dwelling unit
home occupation in any RSF District
or more than 300 square feet of the gross floor
shall be issued for a period exceeding
area of the structure shall meet all applicable
one year, but such a permit may be for a
building and Unified Development Code
period shorter than one year. Upon
regulations and shall not be considered a home
expiration of a conditional use permit,
occupation. These limitations shall not apply to
the Zoning and Development
foster family care, or the providing of room or
Administrator shall have the authority to
board as an accessory use only. Home
renew a conditional use permit for the
occupations that require a conditional use permit
same period as originally authorized, if
shall be subject to the following regulations:
the Zoning and Development
Administrator has received no
(A) Exterior alterations. No exterior alterations
complaints or opposition from residents
of the structure may be made which are of a
of the neighborhood in which the home
nonresidential nature.
occupation is located. The Zoning and
Development Administrator may refer
(B) Sign/evidence of business. No advertising,
any proposed renewal of a conditional
display, storage or other external evidence of
use permit to the Planning Commission
business shall be permitted, except that for
for final decision.
each dwelling unit with a permitted home
occupation, one unanimated, non -illuminated
(2) Hours. No home occupation shall be
home occupation sign which identifies the
open to the public earlier than 7:30 a.m.
home occupation shall be permitted, if such
or later than 5:30 p.m.; provided, the
sign is erected flat against a wall or door or
Planning Commission may vary the
is displayed in a window, and does not
restrictions imposed hereby upon a
exceed three (3) square feet in area. No
determination that such a variance will
freestanding signs shall be permitted for
not adversely affect the health, safety,
home occupations in any zone.
peace, tranquility, or welfare of the
neighborhood in which the home
(C) Employees. No person may be employed
occupation is located.
other than a member of the immediate family
residing on the premises.
(3) Traffic. No home occupation shall be
allowed in an RSF District if the
(D) Mechanical equipment. No mechanical
Planning Commission determines that
equipment may be used which creates a
the home occupation would generate
disturbance such as noise, dust, odor, or
such excessive traffic as would
electrical disturbance.
adversely affect the safety, peace,
tranquility or welfare of the
neighborhood.
Exhibit "D"
Amend Ch. 164.04 Animals and Fowl Supplementary District Regulations
164.04 Urban Agriculture (Fowl, Bees
& Goats) 1200 FEET
Hog raisin
(A) General Provisions Livestock: assembly, breeding, feeding, sales or
shipment 11
(1) It shall be unlawful for any person to
permit or allow any domesticated animal
or fowl to run at large within the
corporate limits of the city.
(2) Animals traditionally associated with the
practice of livestock raising or farm
animals, such as horses, goats, swine,
chickens, cows, bees and other such
animals are not considered pets and are
not permitted within any zoning district
in the city limits, with the exception of R-
A, Residential Agricultural or other
zoning districts in which Use Unit #6,
Agriculture and Use Unit #7, Animal
Husbandry are permitted uses by right,
unless otherwise stated herein.
(3) Separation of use. Unless otherwise
stated herein, the following uses, where
permitted, shall be conducted no nearer
than the following stated number of feet
to the boundary of an R District, or to a
dwelling on the same premises.
25 FEET
Chicken Coop in Residential districts (from
residential dwellingon adjacent lot
50 FEET
Animal hospital; serving household pets and similar
small animals
Commercial breeding, raisin
Boarding: breeding, raising, or boarding of household
pets orsimilar small animals for commercial purposes
Kennel
Egg farm
100 FEET
Animal hospital: servina livestock and similar animals
Boarding or training of horses
Dairy farm
Poultry farm
Farm: for raising cattle, goats, horses, sheep, rabbits
and poultry
(4) This section shall not supersede or invalidate
any sections within Fayetteville City Code,
Chapter 92 —Animals. Chapter 92 shall take
precedence over any conflicting provisions of
this section.
(B) Fowl. It shall be lawful to keep fowl within the
corporate limits of the city under the
following terms and conditions:
(1) Allowed fowl shall include ducks and/or
female chickens only. No roosters shall
be allowed. All fowl shall be a breed
that cannot fly or must be wing -clipped
to prevent flight.
(2) The principal use of the property shall
be educational or single family
residential.
(3 A maximum of four (4) fowl shall be
allowed on lots five thousand (5,000)
square feet and smaller. For lots larger
than five thousand (5,000) square feet,
one (1) additional fowl shall be allowed
for every additional one thousand two
hundred and fifty (1,250) square feet, up
to a maximum number of twenty (20)
fowl.
(4) There shall be no outside slaughtering
of fowl.
(5) Fowl shall be provided with sufficient
good and wholesome food and water.
(6) All fowl shall have a coop/roost that is
constructed with a minimum area of
three (3) square feet per fowl and during
daylight hours fowl shall have access to
a secure enclosure/yard that is
adequately fenced to protect them from
predators. The coop/roost shall be kept
in the side or rear yard, and is not
permitted in the front yard area.
(7) The coop/roost structure shall not be
located closer than twenty-five (25) feet
to any residential structure on an
adjacent lot, and shall meet the building
setbacks of the underlying zoning
district.
(8) The coop/roost structure shall be well
ventilated and provide protection from
the weather and predators. The
coop/roost area must be kept in a neat
and sanitary condition at all times, and
must be cleaned on a regular basis so
as to prevent offensive odors, attraction
of flies or vermin, the creation of an
environment otherwise injurious to the
public health and safety, or that would
obstruct the free use of property so as to
interfere with the comfortable enjoyment
of life or property by members of the
neighborhood, city, or other persons.
The owner shall provide for the storage
and removal of manure. Stored manure
to be used for composting shall be fully
covered or placed in an enclosure. All
manure not used for composting or
fertilizing shall be removed and properly
disposed.
(9) Illegal fowl currently existing in the city
shall not be "grandfathered" or permitted
to remain after the effective date of this
Ordinance.
(10)The City may further restrict or prohibit
the keeping of fowl within residential
districts, within a neighborhood or on a
particular property if the City Council
determines that fowl have created a
public nuisance or public health issue.
If 1)Nothing in this section shall be deemed
or construed to prohibit the keeping of
fowl within a school property or
community garden for the purposes of
study or education.
(C) Bees. It shall be lawful to establish or
maintain any hive where bee colonies are
kept, or keep any bees in or upon any
premises within the corporate limits of the
city under the following terms and conditions:
(1) The principal use of the property shall
be educational or single family
residential.
(2) A maximum of two (2) hives shall be
allowed on lots five thousand (5,000)
square feet and smaller. For lots larger
than five thousand (5,000) square feet,
one (1) additional hive shall be allowed
for every additional two thousand five -
hundred (2,500) square feet up to a
maximum of four (4) hives.
(3) All hives shall be located at least twenty
(20) feet from a securely fenced
property line, Hives shall be located a
minimum of one hundred (100) feet from
an unfenced property line. Hives shall
be kept in the side or rear yard, and are
not permitted in the front yard area.
(4) Fresh clean watering facilities for the
bees shall be provided within twenty
(20) feet of the hive(s) at all times.
(5) All hives shall be registered through the
Arkansas State Plant Board and all
hives and equipment kept in accordance
with the Arkansas Apiary Law and
Regulations.
(6) Each beehive shall be identified by
displaying the name, telephone number,
address and state registry number of the
beekeeper on the structure of the hive
or on a sign within ten (10) feet of the
hive. Identification shall be placed in a
manner to make it conspicuous to
anyone approaching the hive(s). This
information shall also be made available
to any city official upon request.
(7) Nothing in this section shall be deemed
or construed to prohibit the keeping of
bees at a school property or community
garden for the purposes of study or
education.
(8) Africanized honey bees are prohibited.
(9) In instances where bees create a public
hazard with unprovoked aggressive
behavior, it shall be the responsibility of
the beekeeper to re -queen or remove
the colony. The Northwest Arkansas
Beekeepers Association should be
contacted to handle the removal or re -
queening of beehives.
(10)The City may further restrict or prohibit
the keeping of bees within residential
districts, within a neighborhood or on a
particular property if the City Council
determines that bees have created a
public nuisance or public health issue.
(D) Goats. It shall be lawful to keep goats within
the corporate limits of the city under the
following terms and conditions:
(1) Allowed goats shall be female dwarf or
pygmy goats not weighing more than
(8) The shelter shall not be located closer
than fifty (50) feet to any residential
structure on an adjacent lot, and shall
meet the building setbacks of the
underlying zoning district. The shelter
and fenced yard shall be in the side or
rear yard, and are not permitted in the
front yard area.
(9) The yard must be kept in a neat and
sanitary condition at all times, and must
be cleaned on a regular basis so as to
prevent offensive odors, attraction of
flies or vermin, the creation of an
environment otherwise injurious to the
public health and safety, or that would
obstruct the free use of property so as to
interfere with the comfortable enjoyment
of life or property by members of the
neighborhood, city, or other persons.
The owner shall provide for the storage
eighty-five (85) lbs and no taller than
and removal of manure. Stored manure
twenty-two and a half (22.5) inches at
to be used for composting shall be fully
the withers (ridge between the shoulder
covered or placed in an enclosure. All
blades). Bucks are not allowed.
manure not used for composting or
fertilizing shall be removed and properly
(2)
All goats shall have RFID microchips
disposed.
and be registered with the Fayetteville
Animal Services Program.
(10) Nothing in this section shall be deemed
or construed to prohibit the keeping of
(3)
The principal use of the property shall
goats within a school property or
be educational or single family
community garden for the purposes of
residential.
study or education. Additionally, land
owners are permitted to keep goats in
(4)
Goats shall not be permitted on lots
one location for a maximum of two (2)
smaller than ten thousand (10,000)
weeks for the purpose of land clearing
square feet. The minimum number of
and the removal of vegetation.
goats kept on a lot that is ten thousand
(10,000) square feet and larger shall be
(11 )The City may further restrict or prohibit
two (2). Lots fifteen thousand (15,000)
the keeping of goats within residential
square feet and larger shall be allowed
districts, within a neighborhood or on a
up to a maximum number of three (3)
particular property if the City Council
goats. Nursing off -spring may be kept
determines that goat(s) have created a
on the property until the age of twelve
public nuisance or public health issue.
(12) weeks and shall not be included in
the number of goats allowed.
(E) Exemptions. The above sections are not
intended to apply to indoor birds kept as
(5)
There shall be no onsite slaughter of
pets, such as, but not limited to, parrots or
goats.
parakeets, nor to the lawful transportation of
fowl through the corporate limits of the city.
(6)
Goats shall be provided with sufficient
Neither shall it apply to fowl, bees or goats
good and wholesome food and water.
kept in areas of the City which are zoned R-
A, Residential Agricultural, or other zoning
(7)
All goats shall have a secure, fenced
districts in which Use Unit #6, Agriculture
yard constructed with a minimum area
and Use Unit #7, Animal Husbandry are
of two hundred (200) square feet per
permitted uses by right.
goat and a shelter that is minimum five
(5) square foot per goat. Shelters shall
be well ventilated and provide protection
from the weather including four sides
with opening, roof and floor.
(8) The shelter shall not be located closer
than fifty (50) feet to any residential
structure on an adjacent lot, and shall
meet the building setbacks of the
underlying zoning district. The shelter
and fenced yard shall be in the side or
rear yard, and are not permitted in the
front yard area.
(9) The yard must be kept in a neat and
sanitary condition at all times, and must
be cleaned on a regular basis so as to
prevent offensive odors, attraction of
flies or vermin, the creation of an
environment otherwise injurious to the
public health and safety, or that would
obstruct the free use of property so as to
interfere with the comfortable enjoyment
of life or property by members of the
neighborhood, city, or other persons.
The owner shall provide for the storage
Exhibit "A"
Amend Chapter 164:10 Garage Sales Supplementary District Regulations by removing
the language show in strikeout type and inserting the language shown in bold type.
164.10 Garage and/or Agricultural &
Produce Sales
Garage and/or agricultural & produce sales are
permitted in any zoning district subject to the following
conditions:
(A) Frequency. Garage and/or agricultural &
produce sales shall not locate in one (1) location
more than four (4) times per year.
(B) Term. Garage and/or agricultural & produce
sales may be held for a duration not to exceed
three (3) consecutive days.
(C) Signs. One on-site and three off-site temporary
signs are allowed to be posted, however, posting
may not occur more than two (2) days before the
sale begins. Signs are not to be located on
public rights-of-way. Each sign shall not exceed
4.5 square feet in area. The off-site signs shall
include address and date(s) of sale. All signs
shall be removed by 8:00 a.m. on the day
following the sale. Any such signs not so
removed the following day, or located in public
rights-of-way may be removed by city staff and
for any such sign removed a collection fee shall
be imposed.
Exhibit `B"
Amend Ch. 162 Use Units by removing the language shown in strikeout type and
inserting the language shown in bold type.
(X) Unit 24. Home occupation.
(1) Description. Unit 24 consists of businesses for which financial compensation is received,
conducted {IHfiiguiii&on a residential property, and which generates motor vehicle traffic
to the dweHiggmRlt residential property. Only those residing lR the dwelling unk aFe on the
property may be employed by the home occupation.
(2) Included uses.
Home child care, no
more than six children
Instructional services:
Art
Crafts
Dance
Music
Tutorin
Professional services:
Architects
Insurance agents
Lawyers
Real estate agents
Accountants
Editors
Publishers
Graphic designers
Travel agents
Repair services:
Clocks and watches
Computers
Electronic devices
Lawnmowers
Small appliances
Small engines
Sales of home
Produce
produced agriculture
Eggs
products:
Honey or beeswax products
Jams or Jellles
Milk and milk products
Other products that may be
home grown or home made on
thla. ro
Exhibit "C"
Amend Ch. 163.08 Home Occupation Use Conditions by removing the language shown
in strikeout type and inserting the language shown in bold type.
163.08 Home Occupations
disturbance such as noise, dust, odor, or
aa- any -dweNiaguait In any zoning district where
electrical disturbance.
home occupations are permitted by right or
conditional use, said home occupations shall not
(E) Parking. No parking spaces other than
occupy more than 30% of the gross floor area of
normal residential parking spaces shall be
one floor of the primary -said dwelling unit, nor
permitted.
more than 300 square feet of the gross floor
area, whichever is greater. For Building
(F) Additional regulations. Home occupations in
Regulations purposes, any non-residential use
an RSF District shall be subject to the
that exceeds 30% of the gross floor area of one
following additional regulations:
floor of said the primary -dwelling unit or more
than 300 square feet of the gross floor area of the
(1) Term. No conditional use permit for a
structure shall meet all applicable building and
home occupation in any RSF District
Unified Development Code regulations and shall
shall be issued for a period exceeding
not be considered a home occupation. These
one year, but such a permit may be for a
limitations shall not apply to foster family care, or
period shorter than one year. Upon
the providing of room or board as an accessory
expiration of a conditional use permit,
use only. Home occupations that require a
the Zoning and Development
conditional use permit shall be subject to the
Administrator shall have the authority to
following regulations:
renew a conditional use permit for the
same period as originally authorized, if
(A) Exterior alterations. No exterior alterations
the Zoning and Development
of the structure may be made which are of a
Administrator has received no
nonresidential nature.
complaints or opposition from residents
of the neighborhood in which the home
(B) Sign/evidence of business. No advertising,
occupation is located. The Zoning and
display, storage or other external evidence of
Development Administrator may refer
business shall be permitted, except that for
any proposed renewal of a conditional
each dwelling unit with a permitted home
use permit to the Planning Commission
occupation, one unanimated, non -illuminated
for final decision.
home occupation sign which identifies the
home occupation shall be permitted, if such
(2) Hours. No home occupation shall be
sign is erected flat against a wall or door or
open to the public earlier than 7:30 a.m.
is displayed in a window, and does not
or later than 5:30 p.m.; provided, the
exceed three (3) square feet in area.
Planning Commission may vary the
"W _. -- -• l ..._.
restrictions imposed hereby upon a
_ _
a - - - e - i
determination that such a variance will
_'"• •-- "- �' �-
not adversely affect the health, safety,
-_
peace, tranquility, or welfare of the
neighborhood in which the home
No freestanding signs shall be permitted for
occupation is located.
home occupations in any zone.
(3) Traffic. No home occupation shall be
(C) Employees. No person may be employed
allowed in an RSF District if the
other than a member of the immediate family
Planning Commission determines that
residing on the premises.
the home occupation would generate
such excessive traffic as would
(D) Mechanical equipment. No mechanical
adversely affect the safety, peace,
equipment may be used which creates a
tranquility or welfare of the
neighborhood.
Exhibit "D"
Amend Ch. 164.04 Animals and Fowl Supplementary District Regulations by removing the
language shown in strikeout type and inserting the language shown in bold type.
164.04 Animals, And rewl Urban
Agriculture (Fowl, Bees & Goats)
(A) General Provisions
(!4(1) It shall be unlawful for any person to permit
or allow any domesticated animal or
fowl to run at large within the corporate
limits of the city.
(&(2) Animals traditionally associated with the
practice of livestock raising or farm
animals, such as horses, goats, swine,
chickens, cows, bees and other such
animals are not considered pets and are
not permitted within any zoning district
in the city limits, with the exception of R-
A, Residential Agricultural or other
zoning districts in which Use Unit #5,
Agriculture and Use Unit #7, Animal
Husbandry are permitted uses by right,
unless otherwise stated herein.
(3) Separation of use. Unless otherwise
stated herein, tT-he following uses,
where permitted, shall be conducted no
nearer than the following stated number
of feet to the boundary of an R District,
or to a dwelling on the same premises.
25 FEET
Chicken Coop in Residential districts (from
residential dwelli�nt lot
50 FEET
Animal hospital; serving household pets and similar
small animals
Commercial breeding, raisin
Boarding: breeding, raising, or boarding of household
pets or similar small animals for commercial purposes
Kennel
Ego farm
100FEET
Animal hospital: serving livestock and similar animals
Boarding or training of horses
Dai farm
Poultry farm
Farm: for raising cattle, goats, horses, sheep, rabbits
and o
200 FEET
Hug mieln
Livestock: assembly, breeding, feeding, sales or
shipment
(4) This section shall not supersede or
Invalidate any sections within Fayetteville
City Code, Chapter 92 - Animals.
Chapter 92 shall take precedence over
any conflicting provisions of this section.
enleFeeable by law, and We eFdInanee
shall R011 SUPOF69916 OF F8PIaG8 any
(GB) Fowl. It shall be lawful feFanyPersen to
keep , penait 8F -anew aay fowl within the
corporate limits of the city in a" Residential
under the following
terms and conditions:
(31)Allowed fowl shall include ducks
and/or female chickens only. No
roosters shall be allowed. All fowl shall
be a breed that cannot fly or must be
wing -clipped to prevent flight.
(42)The principal use of the property shall be
educational or a—single family
residential. dwelling. Pie-fewl ehiskem
OF ch-mikA she" hR alinio-fed OA malt family
(23
A maximum of four (4) fowl shall be
allowed on lots five thousand (5,000)
square feet and smaller. For lots
larger than five thousand (5,000)
square feet, one (1) additional fowl
shall be allowed for every additional
one thousand two hundred and fifty
(1,250) square feet, up to a maximum
number of twenty (20) fowl.
(4) There shall be no outside slaughtering
Of heal fowl.
(5) Fowl shall be provided with sufficient
good and wholesome food and water.
(36)AII hens fowl shall roust -he -kept is have
a coop/roost that is constructed with
a minimum area of three (3) square
feet per fowl and during daylight
hours fowl shall have access to is a
securer4eneed enclosure/yard that is
adequately fenced to protect them
from predators seaskasted—Will A
rainirauaAarea-e€ 304 square -feet. The
coop/roost shall be kept in the side or
rear yard, and may is not he permitted
in the front yard area.
(67)4 ehieken The coop/roost aura
structure shall not be located closer
than twenty-five (25) feet to any
residential structure on an adjacent lot,
and shall meet the building setbacks of
the underlying zoning district. All
hews
(78)€nclesdres The coop/roost structure
shall be well ventilated and provide
protection from the weather and
predators. The coop/roost area must
be kept in a neat and sanitary condition
at all times, and must be cleaned on a
regular basis so as to prevent offensive
odors, attraction of flies or vermin, the
creation of an environment otherwise
injurious to the public health and safety,
or that would obstruct the free use of
property so as to interfere with the
comfortable enjoyment of life or property
by members of the neighborhood, city,
or other persons. The owner shall
provide for the storage and removal
of manure. Stored manure to be
used for composting shall be fully
covered or placed in an enclosure.
All manure not used for composting
or fertilizing shall be removed and
properly disposed.
(89)lllegal Ffowl currently existing in the city
shall not be "grandfathered" or permitted
to remain after the effective date of this
Ordinance.
(910)The City may further restrict or prohibit
the use keeping of fowl within
residential districts, within a
neighborhood or on a particular
property if the City Council
determines that fowl have created it
causes a public nuisance or public
health issue. as def Red R G ty Coder,.
(11)Nothing in this section shall be
deemed or construed to prohibit the
keeping of fowl within a school
property or community garden for the
purposes of study or education.
(C) Bees. It shall be lawful to establish or
maintain any hive where bee colonies are
kept, or keep any bees in or upon any
premises within the corporate limits of
the city under the following terms and
conditions:
(1) The principal use of the property
shall be educational or single family
residential.
(2) A maximum of two (2) hives shall be
allowed on lots five thousand (5,000)
square feet and smaller. For lots
larger than five thousand (5,000)
square feet, one (1) additional hive
shall be allowed for every additional
two thousand five -hundred (2,500)
square feet up to a maximum of four
(4) hives.
(3) All hives shall be located at least
twenty (20) feet from a securely
fenced property line. Hives shall be
located a minimum of one hundred
(100) feet from an unfenced property
line. Hives shall be kept in the side
or rear yard, and fray are not be
permitted in the front yard area.
(4) Fresh clean watering facilities for the
bees shall be provided within twenty
(20) feet of the hive(s) at all times.
(5) All hives shall be registered through
the Arkansas State Plant Board and
all hives and equipment kept in
accordance with the Arkansas Apiary
Law and Regulations.
(6) Each beehive shall be identified by
displaying the name, telephone
number, address and state registry
number of the beekeeper on the
structure of the hive or on a sign
within ten (10) feet of the hive.
Identification shall be placed In a
manner to make it conspicuous to
anyone approaching the hive(s).
shall be displayed on the struGium-of
eaeh— hive —This information shall
also be anct—made available to any
city official upon request.
(7) Nothing in this section shall be
deemed or construed to prohibit the
keeping of bees at a school property
or community garden for the
purposes of study or education.
(8) Africanized honey bees are
prohibited.
(9) In instances where bees create a
public hazard with unprovoked
aggressive behavior, it shall be the
responsibility of the beekeeper to re -
queen or remove the colony. The
Northwest Arkansas Beekeepers
Association should be contacted to
handle the removal or re -queening of
beehives.
(10)The City may further restrict or
prohibit the keeping of bees within
residential districts, within a
neighborhood or on a particular
property if the City Council
determines that bees have created a
public nuisance or public health
issue.
(D) Goats. It shall be lawful to keep goats
within the corporate limits of the city
under the following terms and conditions:
(1) Allowed goats shall be female dwarf
or pygmy goats not weighing more
than eighty-five (85) lbs and no taller
than twenty-two and a half (22.5)
inches at the withers (ridge between
the shoulder blades). Bucks shall are
not bre-allowed.
(2) All goats shall have RFID microchips
and be registered with the
Fayetteville Animal Services
Program.
(3) The principal use of the property
shall be educational or single family
residential.
(4) Goats shall not be permitted on lots
smaller than ten thousand (10,000)
square feet. The minimum number of
goats kept on a lot that is ten
thousand (10,000) square feet and
larger shall be two (2). Lots fifteen
thousand (15,000) square feet and
larger
thousand (6,000) eqUaFO fast 84 let
aFea, one additieRal goat hall be
allowed up to a maximum number of
three (3) goats. Nursing off -spring
may be kept on the property until the
age of twelve (12) weeks and shall
not be included in the number of
goats allowed.
(5) There shall be no onsite slaughter of
goats.
(6) Goats shall be provided with sufficient
good and wholesome food and water.
(7) All goats shall have a secure, fenced
yard constructed with a minimum
area of two hundred (200) square feet
per goat and a shelter that is
minimum five (5) square foot per
goat. Shelters shall be well
ventilated and provide protection
from the weather including four sides
with opening, roof and floor.
(8) The shelter shall not be located closer
than fifty (50) feet to any residential
structure on an adjacent lot, and
shall meet the building setbacks of
the underlying zoning district. The
shelter and fenced yard shall be kept
in the side or rear yard, and may are
not be permitted in the front yard
area.
(9) The yard must be kept in a neat and
sanitary condition at all times, and
must be cleaned on a regular basis
so as to prevent offensive odors,
attraction of flies or vermin, the
creation of an environment otherwise
injurious to the public health and
safety, or that would obstruct the free
use of property so as to interfere with
the comfortable enjoyment of life or
property by members of the
neighborhood, city, or other persons.
The owner shall provide for the
storage and removal of manure.
Stored manure to be used for
composting shall be fully covered or
placed in an enclosure. All manure
not used for composting or fertilizing
shall be removed and properly
disposed.
(10). Nothing In this secgen shall be
deemed or: construed to prohibit the
keeping of goats within a achool
properly or commurilhi garden for the
asy,. land owners, ane
d W. keep_ :goats In one
for a maximum of two (2)
for the purpose dff-land
and the removal of
411]the :City may further restrict' or
prohiblt;the keeping of gosi e,within
restdentiel� dlstrlcti within a
neighborhood or on a .particular
props* it the, city douiiicll
determines that goats) have created
tf eauees a public nulsonce or,public
Health tastier
(8)(E7raempttons. The above Ssections 6 is
are not intended to apply to indoor birds
kept as pets, such as, but not limited to,
parrots or parakeets, nor to the lawful
transportation of fowl through the
corporate limits of the city. Neither shall
it apply to fowl, bead or goats kept in
areas of the City which are zoned R -A,
Residential Agricultural, or other zoning
districts in which Use Unit 46,
Agriculture and Use Unit #7, Animal
Husbandry are permitted uses by right.
Fowl - Below is a summary of where Fayetteville compares to other cities on allowed numbers of fowl:
• Lawrence, KS -1 fowl per 500 sq ft (20 max)
• Cleveland, OH -1 fowl per 800 sq ft (no max)
• Des Moines, IA -1 fowl per 900 sq ft (30 max)
• Fayetteville (proposed):1 fowl per 1250 sq ft (20 max)
• Ft. Collins, CO -1 fowl per 3000 sq ft (no max)
• Atlanta, GA - 25 max
• Chapel Hill, NC -10 fowl max
• Denton, TX - 8 fowl max
• Denver, CO - 8 fowl max
• Columbia, MO - 6 fowl max
• Tulsa, OK - 6 fowl max
• Stillwater, OK - 5 fowl max
• Iowa City, IA - 4 fowl max
• Fayetteville (current) -4 fowl max
• Bentonville, AR - 4 fowl max
• Rogers, AR - 4 fowl max
• Little Rock, AR - 4 fowl max
• Springdale, AR - 0 fowl
Bees - Below is a summary of where Fayetteville compares to other cities on allowed numbers of
beehives:
• Cleveland, OH -1 hive per 2500 sq ft (no max)
• Tulsa, OK -1 hive per 2500 sq ft (no max)
• Broken Arrow, OK -1 hive per 2500 sq ft (no max)
• Fayetteville (proposed) -1 hive per 2500 sq ft (4 hive max)
• Little Rock, AR -1 hive per 5000 sq ft (unclear if there is a max #)
• Ft. Collins, CO -1 hive per 5000 sq ft (no max)
• Spokane, WA -1 hive per 5000 sq ft (8 hive max)
• Bentonville, AR —1 hive per 10,000 sq ft (no max)
• Stillwater, OK - 5 hive max
Note that if a City was listed as allowing fowl but not listed here then it is assumed that they do not allow
beekeeping.
Goats - Below is a summary of where Fayetteville compares to other cities on allowed number of goats:
• Cleveland, OH -1 goat per 2400 sq ft (no max)
• Seattle, WA -1 goat per 5000 sq ft (no max)
• Ft. Worth, TX -1 goat per 5000 sq ft (no max)
• Charlottesville, VA - 3 goat max on any lot
• Fayetteville (proposed) -1 goat per 5000 sq ft (3 goat max) - must have a minimum of 10,000
sq ft lot
• Denver, CO - 2 goats max on any lot
• Ft. Collins, CO - 2 goats max on any lot
Note that if a City was listed as allowing fowl but not listed here then it is assumed that they do not allow
goats
RESOLUTION NO. 60-13
A RESOLUTION TO REQUEST CITY STAFF REVIEW THE UNIFIED
DEVELOPMENT CODE AND PREPARE AMENDMENTS TO ALLOW
RESIDENTS TO RAISE FARM ANIMALS AND SELL CROPS, ANIMALS
AND ANIMAL PRODUCTS IN NON -AGRICULTURALLY ZONED AREAS
TO PROVIDE GREATER FOOD SECURITY FOR FAYETTEVILLE
RESIDENTS
WHEREAS, 15% of Washington County's population is food insecure, which means
lacking consistent access to enough food for active healthy living, and Arkansas ranks number
nine in the nation in child food insecurity at 28%, while only 0.1% of Arkansas's food is sold in
state directly to consumers; and
WHEREAS, expanding access to healthy food, reducing hunger, and encouraging
healthier diets are of critical importance to our community's health and the reduction of our food
insecurity rate; and
WHEREAS, a sustainable local food system requires community support for buying
local and promoting sustainable agriculture, and working together through partnerships is
important and necessary to reach the goal of a strong and sustainable local food system; and
WHEREAS, the many recent community programs and initiatives including Fayetteville
Public Schools Farm to School program, the Fayetteville Community Garden Coalition, the
creation of the Nation's first SNAP garden and the success of and demand for more Fayetteville
Farmers' Market locations from citizens and farmers alike, all illustrate Fayetteville's support for
local agriculture; and
WHEREAS, the Fayetteville Forward Local Food Group and Feed Fayetteville
conducted community surveys gathering information on food priorities for Fayetteville; and
WHEREAS, the Unified Development Code should be studied to possibly authorize
residents to practice animal husbandry and to sell crops, animals and animal products in non -
agriculturally zoned areas.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby recognizes
that a robust local food system will provide accessible, affordable nutrition for our citizens and
economic stability for our community, and hereby requests the Sustainability and Strategic
Planning Division work with local stakeholders to study Fayetteville's Unified Development
Code and recommend changes that will promote citizens' ability to raise farm animals and sell
crops, animals and animal products in non -agriculturally zoned areas to provide greater food
security for Fayetteville residents.
PASSED and APPROVED this 19th day of March, 2013.
APPROVED: ATTEST:
0
Page 2
Resolution No. 60-13
BY: Atudi Z P w4�-
SONDRA E. smi,m City ClerkfFrcaWrer
KLL WlWnll I.i. io WORM -11 ADM 134331 Lord F.W. ONi R.A.A.2
Kristina Jones
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
-a - 3-19-13
City Council Meeting Data
Agenda Items Only
Sustainability $ Strategic Planning
Division Department
Action Required:
A resolution requesting staff to examine Fayetteville's Unified Development Code and recommend amendments that
will promote residents' ability to grow and sell plant and animal based food products and provide greater food security.
NIA NIA N/A
Cost of this request Category/ Project Budget Program CategoryI Project Name
NIA NIA NIA
Account Number Funds Used to Date Program / Project Category Name
N/A NIA NIA
Project Number Remaining Balance Fund Name
Budgeted Ham = Budget Adjustment Attached
Previous Ordinance or Resolution #
Departent it clor D e
Original Contract Dale:
r`/—'�•r/,�/ /�� 3�r r3 Original Contract Number:
City Attorney Date
4 3-t-2et3
Finance and Internal Services Director Date Received in City
Clerk's Office
Chiefolst ff Dale F I fIl
Received in
3 Mayor's OIlictl
tW
May& Dale
Revised January 15, 2009
THE CITY OF FAY£TTEVILLE. ARKANSAS
DEPART ME NT COAD ESPONDENCE
CITY COUNCIL AGENDA MEMO
To: Mayor Lioneld Jordan and City Council
Thru: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
Peter Nierengarten, Sustainability & Strategic Planning Director
From: Kristina Jones, Sustainability & Strategic Planning Project Designer and Coordinator
Date: March 1, 2013
Subject: ADM 13-0331 Local Foods Ordinance Review
PURPOSE
Mayor Lioneld Jordan is sponsoring a resolution requesting City Council support for his request to have city
staff examine the Unified Development Code and recommend amendments for City Council consideration that
will make it easier for residents to grow and sell plant and animal based food products. This item has Alderman
Matthew Petty's endorsement.
BACKGROUND
Along with timber resources and wild game, the grasslands of this region initially attracted settlers to
Washington County who grew wheat, oats, com, hay, strawberries, beans, tomatoes, tobacco, and eventually
apples and other fruit crops, as well as chickens, pigs, oxen and dairy cattle. This began to change however,
starting with Great Depression of the 1930s and the subsequent decline in rural population, coupled with the
advent of modem -day conveniences and rising land costs. Today much of the agricultural tradition that
sustained families in this area in the past has disappeared.
However, the last few decades have seen a rebirth of interest in locally produced foods and products. A local
foods movement strives to build a locally based, sustainable food economy where production, processing and
distribution are integrated with an emphasis on social health benefits and environmentally sustainable local food
crops and products. Additionally, supporting a strong local foods system is essential to addressing the issues of
hunger and nutrition. When an individual or family can easily grow food, more residents have access to
affordable, high-quality nutrition. Nationally, one in six Americans is fighting hunger; in Fayetteville, the
statistic is one in four, and Arkansas leads the nation with 19% of our population who are "food insecure,"
lacking consistent access to enough food for active healthy living. Feeding America has determined that 15% of
Washington County's residents are food insecure, and according to the Arkansas Department of Human
Services, Washington County also has the second highest SNAP (food stamp) enrollment rate in Arkansas. And
these problems appear to be increasing. A 2009 study by the Arkansas Hunger Relief Alliance shows that the
number of people in Northwest Arkansas served weekly by the Northwest Arkansas Food Bank rose from 6,200
in 2005 to 25,900 in 2009 - - a 318% increase in families receiving food assistance in only four years.
Recent activity and interest in the realm of local foods has been demonstrated by local organizations, programs,
and initiatives including the following:
THE CITY OF FAYETTEVILLE, ARKANSAS
• Apple Seeds Inc., established in 2007, provides outreach and programs that help students and their
families establish sustainable, lifelong, healthy eating habits.
• SNAP -Ed, a program administered through the Washington County Extension Service in partnership
with Arkansas DHS and the U of A, is focused on educating food stamp recipients and low income
families about healthy diet and exercise choices.
• The Fayetteville Community Garden Coalition was founded in 2009. Fayetteville currently boasts 20
community and school gardens and urban farms.
• Fayetteville Public Schools (FPS) educational gardens at ten schools demonstrate a local commitment to
food and agriculture knowledge from the ground up. FPS is also currently introducing students to local
foods and agriculture through their newly formed Farm to School program, with emphasis on local food
procurement and healthy food education.
• Feed Fayetteville, formed in 2011, is an organization committed to alleviating hunger and cultivating a
sustainable food network through strategic partnerships and making connections between organizations
working on opposite ends of food issues to extend their reach and amplify their effectiveness.
• University of Arkansas Community Design Center was awarded $15,000 in seed money in 2012 from
the American institute of Arkansas to begin developing "Fayetteville: 2030 Food City Scenario," a plan
for "healthy and safe food systems at a local scale ... to build agrarian urbanism, where everything is
designed around food production and how people live." The plan is one response to Fayetteville's
increasing population, subsequent sprawl and the strain it places on the land, as well as a disconnect
from food sources and a need for access to nutritious, sustainable food.
In the fall of 2009 Alderman Matthew Petty requested that the City begin looking at Fayetteville's capacity for
growing food in publicly owned open space. He met with the Sustainability Department in the spring of 2011,
and staff began researching local foods movements in other cities and how city governments can have effective
involvement. In October 2012, Feed Fayetteville solicited a community food survey including a question
soliciting suggestions for Mayor Jordan about how to improve Fayetteville's community food system, urban
agriculture, and access to fresh food. The following are the most frequent comments that the Sustainability and
Strategic Planning Department felt could be evaluated through City policy:
• use leftover space, such as in parks and excess rights-of-way, to plant food bearing vegetation;
• establish more community gardens and expand the animals and fowl ordinance;
• modify the zoning code to ease restrictions on farming and selling produce in town;
• provide and/or expand food composting services; and
• secure more partnerships with and support for local organizations and non -profits.
Through a second survey, the Fayetteville Forward Local Foods group ranked these priorities, the top three
being: 1) Unified Development Code review and modification; 2) expanded ability to sell food onsite where
grown; and 3) review of the Animals and Fowl ordinance for possible expansion.
Mayor Jordan has requested that staff assemble a group of stakeholders to review these priorities. Staff will
meet with a small group consisting of farmers, agricultural law students, and food security professionals to
study Fayetteville's Unified Development Code and recommend amendments that will promote residents'
ability to grow and sell locally produced plant and animal based food products.
BUDGETIMPACT
None.
Fayetteville Community Food Survey:
What suggestions do you have for Mayor Jordan about how to improve our community two system, urban agriculture, and access to fresh food?
Gardens/Public Space
Use leftovers ace (City Lands/ Parks/ROW/SchoolslPOA properties) to plant food bearing vegetation in, accessible to all.
14
More Community Gardens and promotion of
e
City encouree/reuire planting food bearing landscape plants d trees as part of landscape regalmitination
3
City position dedicated to Community Gardens
2
Make community ardens easier to establish and access.
1
Offer SNAP in all community gardens
1
City Ordinances/P011cles/Pr0 rams
Tax incentives for donated garden land/ sustainable garden set ups
2
City CompostivA
Overturn POA rules slating that residents cannot grow vegetables in front flower beds
7
Research and implement a more wholistic local food shed scenario.
Carbon tax on non local foods
Encourage and make rooftop gardens the norm
Farmers' Market
(More, easily accessible(pedestrians and outskirts of town), and larger Farmers' Markets, at different limes of day
8
Support Local: Local Fanners and local food in restauranWgrocary stores
T
Su orl/Promote Farmers' Market
3
More evening markets
2
More education on SNAP Benefits at Market and follow through on program
2
(Market at U of A
1
1=armers' market vouchers for City employees
1
More value added products at Farmers' Market
1
Create opportunities for selling of food outside of Fanners' Markel- difficult to get in
1
Support artnershi s btwn Farmer's market and local stores
1
(Education
CampaignIeducate promoting the benefits of local foods) ardenin - make it popular
S
Local food & gardening education in school
4
Food Preservation Classes/Canning programs
3
Encourage healthy good food in schools
2
Seed saving /food growing classes
2
Gardening,assistance) garden planning education
1
Organizations & Partnerships
Partnerships- University. Fayetteville Schools, Surrounding area
8
Support local food non profits
1
Support/Promote Botanical Garden
1
Online Resources
Website with local foods resources
1
Create a space to advertise available gardeninq land
1
Provide links to gardening resources and provide garden related donations
1
Community exchange program forgoods- produce.compostetc.
1
Food & Local Food- General
More local/health foods stores- need lower prices
4
Encourage City facilities and businesses to source food locally
2
Push for accurate food labeling
1
Encourage local restaurants to donate leftover foods
1
Facilitate food donations and distribution
1
Other
Communitybuilding- neighborhood communitykitchens/block parties
2
Create a lace that houses emergency food stores for those in need.
1
Hire a row to condauct a regional local food assessment
1
iD en a food reservation center
1
Short Term, City of Fayetteville Sustainabllity & Strategic Planning Department feed fayetteeille aye Tr -lie
LongTerm, Other City of Fayetteville Departments = ,,, -
4
9 -
Z Fl V c r
4
C
i ��
11"' d V t, t q� 3((0/0 3
March 19, 2013
Dear Fayetteville City Council,
I would like to offer my support to the Local Foods Ordinance Review or The Development of an Agrarian Urbanism
Code and Framework.
Consider this; fifty percent of Fayetteville's built environment projected to exist by 2030 has not yet been built.
Fayetteville will essentially reproduce another Fayetteville—approximately 100 million square feet including
28,000 housing units (currently Fayetteville has an estimated 32,000 housing units)—within its boundaries over the
next 20 years. What if we envisioned a Fayetteville Food City that is based on food security, linking local food
production to urban development?
There was once a strong relationship between cities and their surrounding agricultural lands; many preindustrial
cities even had developed agricultural landscapes within their urban cores (e.g., Mormon, New England, and
Mediterranean cities). Local land once reserved for agriculture has been replaced with suburban development
while food products produced by a global industrialized system now travel more than an average 1,500 miles to
local markets and can lose up to 80% of their nutritional value. Michael Pollan notes that before 1920 one calorie
of energy expended by agricultural production generated two calories of food energy. Today, chemical -dependent
industrial agriculture uses more than 10 calories of fossil fuel energy to produce just one calorie of food. Industrial
agriculture has diminished access to locally -available food and generated a host of unintended environmental
problems, while erasing local agricultural heritages. We have forgotten from where food comes, how to grow it,
when to harvest it, and how to preserve it. Compared to our parents and grandparents we are agriculturally
illiterate. Most cities generally have a three-day supply of food sourced from a global supply chain, what they call
the "nine meals from anarchy" dilemma. The replacement of locally based food chains by global and centralized
systems dependent on intensive transportation and energy inputs creates vulnerability to supply disruptions.
If Fayetteville provides public services through potable water, police and fire protection, sewage treatment, waste
management, and transportation infrastructure, how might a sustainable "food utility" become an ecological
amenity scaled to the community rather than to an industrial economy? While pragmatic reasoning favors location
of agriculture outside of the city, there are compelling economic, environmental, and social reasons to integrate
agriculture within the city. First, the convenience provided by proximity to growing systems demystifies farming
and positions it to be a tool for local economic development and jobs creation. Second, urban land costs promote
development of high-quality, intensive farming economy with higher yields per acre (in both volume and
nutritional content) that makes farming feasible at a small scale once again. Third, well-designed agricultural
systems can be used to advance delivery of community -wide ecosystem services, including conservation of urban
ecosystems like riparian corridors, legacy prairies or meadows, and urban tree canopies. Fourth, productive
landscapes contribute to cities' open space systems requirements, enhancing livability and access to outdoor
activities otherwise unavailable. Keep in mind, when the bike trails were originally proposed they were not
popular, now it seems we cannot live without them. Code retooling approaches should consider more than shifting
from "four hens to six' they should change the development game. I am hopeful that the city could reassert its
design role of traditional urban services offered by street networks, urban fabrics, open space systems,
neighborhoods, and buildings around the production of food. A city designed like that would be unlike any other
and I am intrigued.
,Rmpectf I y Submitted,
Jeffrey Huber, Ward 4, 3 69 1 Tower Ci rcle
UfA
DIVISION OF AGRICULTURE
RFi F A It C H W F.xTFN i1t1N
Cooperative Extension Service
2301 South University Avenue • Little Rock, Arkansas 72204-4940 • (501) 671-2000
February 28, 2014
Mayor Lioneld Jordan
113 West Mountain Street
Fayetteville, Arkansas 72701
Dear Mayor Jordan and Members of the City Council,
Arkansas is
Our Campus
www.uaex.edu
It has come to my attention that the Fayetteville city government is considering a revision of ordinances concerning
beekeeping within the city limits. As the honey bee specialist for the University of Arkansas Cooperative Extension Service
1 have been asked by several parties for my thoughts on this issue.
1 resided in Fayetteville myself for many years, where my family and I enjoyed the high quality of life that the city offers.
This was due in no small part to the city's commitment to maintaining green spaces for the public, as well as those natural
areas maintained by many conscientious citizens. All pollinators, and bees in particular, are keystones in the structure of
our terrestrial environment. Though small in size, their ecological significance is vastly important. While many people
tend them mainly for honey production, bees provide far greater benefits to the community at large. As urban pollinators,
they improve the quality and quantity that home gardens and fruit trees yield. The same efforts ensure continuity of native
plants and ornamentals in our landscapes. Countless plant species depend on bees to maintain healthy plant diversity for
habitat and food. This abundance of seeds, nuts, berries, fruits and foliage forms the basis of the food chain for the greater
animal community of insects, birds, and other wildlife, which in turn enriches our own experience.
As a beekeeper, both personally and professionally, I wholeheartedly advocate the craft as a hobby and an industry which
touches many aspects of our lives. I consider beekeeping to be a safe and suitable activity for practically anyone. Each year
1 offer the public a series of comprehensive short courses in beginning beekeeping to educate novices and to encourage
best practices. Over the past several years, the interest in beekeeping has been overwhelming, particularly in Fayetteville.
Over the past 25 years, pollinator populations have diminished drastically in our country. You have no doubt heard about
the alarm decline of honey bees, our most active and important agricultural pollinator. Any efforts that encourage a
healthy local pollinator community will serve to enhance local food security as well as quality of life. In light of this
situation, many communities allow, and even encourage, reasonable beekeeping practices in urban areas. In my capacity
as a specialist on honey bee biology and behavior, I have advised several communities regarding beekeeping regulations,
including North Little Rock, and more recently Bella Vista. I would be pleased to visit with any of you, either formally or
informally, regarding your thoughts on this issue, and to answer any questions that you may have on the subject.
Thank you for your consideration.
Sincerely,
Jon Zawislak
Apiculture Instructor
University of Arkansas
Division of Agriculture
Cooperative Extension Service
2301 S. University Ave.
Little Rock, AR 72204
501-671-2222
jzawislak@uaex.edu
University of Arkalua, Untied Sraies Department of Agriathum and Ca mty Governments Cooperating nK Arkansas CoopemOsr Extension Service oilers irs pwgrams to all eligible persons
regardless of race, color, naumul onion, reliyjon, Render, age, disability, marital or veteran status, or any otherlepplly protected status, and is an Affirmative Action/Equal Opportunity Employer
NATIONAL CENTER
��- FOR APPROPRIATE
NCAT TECHNOLOGY www ricat.org Working fora Sustainable Fuhlre Since 1976
March 12, 2014
Dear Mayor Jordan and Members of the City Council,
We recently learned that the Fayetteville city government is considering a revision of ordinances
concerning keeping a very limited number of dwarf or pygmy goat breeds within the city limits.
We wanted to offer our thoughts on this issue, since we work as sheep and goat specialists for
the agricultural nonprofit National Center for Appropriate Technology (MCAT) in offices located
on Center Street in downtown Fayetteville.
We both have degrees in Animal Science, have life-long experience raising livestock, and work
as livestock educators. We know first-hand the many benefits of raising goats. They provide
nutritious milk, educational experiences for children, and they are enjoyable animals.
Keeping these small breeds of goats in an urban area has benefits but also requires a commitment
by the owner to raising and managing them responsibly. Fortunately, there are reliable fencing
and other control options available for keeping a limited number of small goats where they
belong. Good fencing is also important for keeping goats protected from predators, including
dogs. Another key component of responsible ownership is learning about grazing and feeding for
goats. This is important for keeping goats well fed and on their home ground. There are many
resources available to help goat owners learn how to properly care for and manage their goats. If
this ordinance is adopted, NCAT will offer a "Goat 101" workshop. We will cover fencing,
shelter, nutrition, and basic health care of goats. We are also available to help answer questions
about raising goats. NCAT's ATTRA project offers dozens of small ruminant publications and
resources (www.attra.ncat.org).
Positive aspects of the proposed ordinance include adequate lot size and required animal
identification (available from veterinarians) and allowance for more than 1 animal, since goats
are social and do better with companionship. Because of the care and commitment involved in
managing small goats we do not expect large numbers of residents to do this. However, we
wanted to make the mayor and council aware that excellent local resources and tools exist to help
urban goat owners to be responsible owners and good neighbors.
Sincerely,
Margo Hale
Southeast Regional Office Director
Sustainable Livestock Specialist
Linda Coffey
Small Ruminant Specialist
NCA IIi cadquarlers: 3040 Continen tot Drive - PO. Box 3838 -Butte. nl"F 59702 (406)494 4572 Fax (406)494 2905
Regional Offices: 207 West Center St. - Fayetteville. AR 72701 36355 Russell Blvd - Dans. CA 95617 206 6th Avenue, Ste. 1101 - Des Moines, IA 50309
2Sl8 Livingston Road -Jackson, AIS 39213 900 Rutter Ave_, Ste. 16 - Forty Fort, PA [8704 118 Broadway, Ste. 524 - San Antonio, "I X 78205
Branson, Lisa
From: Smith, Sondra
Sent: Monday, March 17,2014 12:14 PM
To: Adams, Rhonda; Branson, Lisa•, Broyles, Lana; Eads, Gail; Gray, Adella; Johnson, Kimberly;
Mayor, Kinion, Mark Long, Alan; Marr, Don; Marsh, Sarah; McCoy, Dee; Mulford, Patti;
Pennington, Blake, Petty, Matthew; Roberts, Gina; Schoppmeyer, Martin; Smith, Lindsley;
Smith, Sondra; Tennant, Justin; Williams, Kit
Subject: FW: Please support items on City Council agenda: Urban Ag and Rupple Rd. extension
From: Long, Alan
Sent: Monday, March 17, 201412:03 PM
To: Smith, Sondra
Subject: Fwd: Please support items on City Council agenda: Urban Ag and Rupple Rd. extension
Could you forward this letter to the council?
Alan T Long
City of Fayetteville, AR
City Council, Alderman- Ward 4
l -_l 1 i:, 11
Begin forwarded message:
From: Robyn Metzger - 1-1
Date: March 17, 2014 at 11:27:26 AM CDT
To: ni , i , I1 _<,�;ndl i,n; l u ltnrl-ur.��ic>, %%.,,tll
<r.aitl l flrot_ 'd laL'I[r': ill '-;ir. ' i '>
Subject: Please support items on City Council agenda: Urban Ag and Rupple Rd. extension
Reply -To: Robyn Metzger < l , ,
Dear Ms_ Adams and Mr. Long,
I'm writing to express my support for the proposed changes to Fayetteville's "Urban Agriculture"
ordinance to allow more chickens and ducks, pygmy or dwarf goats, and bees on properties that meet
the size requirements.
I also support the widening of Rupple Rd. to a four -lane boulevard. I understand that some citizens
think four lanes are unnecessary at this time. However, I live in a neighborhood off of Wedington and
I can tell you that an alternate route south to MLK is badly needed. The "sprawl" that people think will
result from building a four -lane road in fact already exists. The amount of traffic headed east to the
540 exchange makes Wedington incredibly dangerous. I could go on about the attention that the
Wedington area needs, but I'll stop myself.
Thank you for representing Ward 41
Robyn Metzger
NORTHWEST ARKANSAS DEMOCRAT -GAZETTE
NORTHWEST ARKANSAS
THE MORNINGNEWSDALE
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NORTHWEST ARKANSAS LIMES
BENTON COUNTY DAILY RECORD
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Northwest Arkansas Newspapers, LLC, printed and published in
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that from my own personal knowledge and reference to the files
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City of Fayetteville -
Ord. 5668
Was inserted in the Regular Editions on:
March 27, 2014
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Karen Caler
Subscribed and sworn to before me
This 'SS day of fes_. , 2014.
Cor/` I� wtJ
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My Commission Expires:I�'
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My Commission Expires Feb 20, 2024
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MAR 2 8 2014
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