HomeMy WebLinkAboutOrdinance 5800xf�
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 5800
File Number: 2015-0330
ADM 15-5093 (UDC CHAPTERS 161,164 AND 172 - SINGLE FAMILY AND TWO FAMILY
INFILL)
AN ORDINANCE AMENDING TITLE XV: UNIFIED DEVELOPMENT CODE OF THE CITY OF
FAYETTEVILLE, TO AMEND CHAPTERS 161, 164 AND 172 TO MODIFY EXISTING BULK
AND AREA REGULATIONS TO ENCOURAGE SMALL -LOT, SINGLE FAMILY AND TWO
FAMILY INFILL IN MULTI -FAMILY ZONING DISTRICTS; TO PERMIT ZERO LOT -LINE
DEVELOPMENT IN CERTAIN ZONING DISTRICTS; TO CREATE THE RSF-18 ZONING
DISTRICT; AND TO INCLUDE MINIMUM DESIGN STANDARDS FOR THIS TYPE OF
DEVELOPMENT.
WHEREAS, the City of Fayetteville recognizes that the opportunity to provide appropriate
neighborhood density through small lot development supports City Plan 2030 goals of prioritizing
infill development and discouraging suburban sprawl; and
WHEREAS, small lot development with reduced lot sizes and building setbacks may encourage the
creation of housing that may be financially attainable to a large segment of the Fayetteville
community; and
WHEREAS, the City of Fayetteville recognizes that small lot developments are appropriate in many
areas of the city zoned for high-density, multi -family housing; and
WHEREAS, the overall residential density of single-family and two-family developments in multi-
family zoning districts will better match the underlying permitted density by reducing the lot size
requirements for residential development; and
WHEREAS, design standards for narrow lot development shall be utilized to maximize visual
transparency between homes and the street to increase "eyes on the street" and promote safe urban
environments.
Page 1 Printed on 1017115
Ordinance 5800
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of Fayetteville, Arkansas hereby repeals the existing §161.10 RT -12, §161.11
RMF -6, §161.12 RMF -12, §161.13 RMF -18, §161.14 RMF -24, and §161.15 RMF -40 and replaces these
sections with the attached Exhibit "A", renumbering the subsequent sections accordingly.
Section 2: That the City Council of Fayetteville, Arkansas adopts a new §161.10 District RSF-18,
Residential Single Family - 18 units per acre, as shown in Exhibit "B".
Section 3: That the City Council of Fayetteville, Arkansas hereby repeals §164.11 Height or Setback
Regulations; Exceptions and Home Protection Requirements and replaces it with the attached Exhibit
11C.11
Section 4: That the City Council of Fayetteville, Arkansas hereby amends §164: Supplementary Zoning
Regulations by adopting §164.23 Single -Family Infill Standards as shown on the attached Exhibit "D."
Section 5: That the City Council of Fayetteville, Arkansas hereby repeals §172.11(G)(2) Driveways
Beyond the Property Line and replaces it with the following language:
§ 172.1 l(G)(2). Driveways Beyond the Property Line. Driveways shall be paved from the property line
and/or master street plan right-of-way with asphalt, concrete, brick or stone pavers, or other solid
surface and shall extend 18 feet (length) into the property. To prevent vehicles from parking over
the public sidewalk, garages and carports shall be positioned to provide at least 18 feet between the
sidewalk or Master Street Plan right-of-way line and the garage or carport.
PASSED and APPROVED on 10/6/2015
Attest:
Sondra E. Smith, City Clerk Treasurer
G\T Y
FAYETTEVILLE
S'//1..'.rX:
- 7kA NSP.
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Page 2 Printed on 10/7/15
EXHIBIT "Awl
CHAPTER 161: ZONING REGULATIONS
161.11 District RT -12, Residential Two
And Three Family
(A) Purpose. The RT -12 Residential District is
designed to permit and encourage the
development of detached and attached dwellings
in suitable environments, to provide a
development potential between low density and
medium density with less impact than medium
density development, to encourage the
development of areas with existing public
facilities and to encourage the development of a
greater variety of housing values.
(B) Uses.
(1) Permitted uses.
(2) Conditional uses.
Unit 2
Unit 1 City-wide uses by right
Unit 3
Unit 8 Single-family dwellings
Unit 4
Unit 9 Two-family dwellings
Unit
Unit 10 Three-family dwellings
Unit 12
Unit 44 Cotta a Housing Develo ment
Unit 24
(2) Conditional uses.
Unit 2
City-wide uses by conditional use
permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit
Government facilities
Unit 12
Limited business
Unit 24
Home occupations
Unit 36
Wireless communications facilities
(C) Density.
Units er acre1 12
(D) Bulk and area regulations.
(E) Setback requirements.
Front
Single-
Two-
Three-
Rear
family
family
family
Lot width
50 ft.
50 ft.
90 ft.
minimum
Uses
Family
front
Lot area
5,000 sq.
7,260 sq.
10,890 sq.
minimum
ft.
ft.
ft.
(E) Setback requirements.
Front
Side
Side
Rear
Rear
located
Other
Single
Other
Single
between the
Uses
8 Two
Uses
Family
front
Family
A build -to
8 ft.
5 ft.
20 ft.
5 ft.
zone that is
1 Ci -wide uses by right
Unit 8
Sinale-familv dwellings
Unit 9
located
Unit 10
Three-family dwellings
Unit 26
Multi -family dwellings
between the
Cottage Housing Develo Ment
front
property line
and a line
25 feet from
the front
property
line.
(F) Building height regulations.
11 Building height maximum 130145 ft.* 11
*A building or a portion of a building that is
located between 0 and 10 feet from the front
property line or any master street plan right-of-
way line shall have a maximum height of 30 feet.
Buildings or portions of the building set back
greater than 10 feet from the master street plan
right-of-way shall have a maximum height of 45
feet.
(G) Building area. The area occupied by all buildings
shall not exceed 50% of the total lot area.
(H) Minimum buildable street frontage. 50% of the
lot width.
(Code 1965, App. A., Art. 5(IIA); Ord. No. 3128, 10-1-85;
Code 1991, §160.032; Ord. No. 4100, §2 (Ex. A), 6-16-98;
Ord. No. 4178, 8-31-99; Ord. 5028, 6-19-07; Ord. 5224, 3-3-
09; Ord. 5262, 8-4-09; Ord. 5312, 4-20-10; Ord. 5462, 12-6-
11; Ord. 5592, 06-18-13; Ord. 5664, 2-18-14)
Cross reference(s)--Variance, Ch. 156.
161.12 District RMF -6, Residential Multi -
Family — Six Units Per Acre
(A) Purpose. The RMF -6 Multi -family Residential
District is designed to permit and encourage the
development of multi -family residences at a low
density that is appropriate to the area and can
serve as a transition between higher densities
and single-family residential areas.
(B) Uses.
(1) Permitted uses.
Unit 1
1 Ci -wide uses by right
Unit 8
Sinale-familv dwellings
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
Unit 26
Multi -family dwellings
Unit 44
Cottage Housing Develo Ment
EXHIBIT "All
(2) Conditional uses.line.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit
Government facilities
Unit 11
Manufactured home ark
Unit 12
Limited business
Unit 24
Home occupations
Unit 25
Professional offices
Unit 36
1 Wireless communications facilities
(C) Density.
11 Units per acre 16 or less
(D) Bulk and area regulations.
(1) Lot width minimum.
Manufactured home park
100 ft.
Lot within a manufactured home
ark
50 ft.
Single-family
50 ft.
Two-family
50 ft.
Three and more
90 ft.
Professional offices
100 ft.
(2) Lot area minimum.
Manufactured home park
3 -acres
Side
Single
& Two
Family
Lot within a Manufactured home
ark
4,200 sq. ft.
Townhouse:
Individual lot
2,500 sq.
ft.
Single-family
6,000 sq.
ft.
Two-family
7,000 sq.
ft.
Three or more
9,000 sq.
ft.
Fraterni or Sorori
2 acres
Professional offices
1 1 acre
(E) Setback requirements.
Front
Side
Other
Uses
Side
Single
& Two
Family
Rear
Other
Uses
Rear
Single
Family
A build -to
8 ft.
5 ft.
20 ft.
5 ft.
zone that is
Cottage Housing Develo ment
located
between
the front
property
line and a
line 25 feet
from the
front
property
Cross reference(s)--Variances, Ch. 156.
(F) Building height regulations.
Buildin Height Maximum 30/45 ft.*
*A building or a portion of a building that is
located between 0 and 10 feet from the front
property line or any master street plan right-of-
way line shall have a maximum height of 30 feet.
Buildings or portions of the building set back
greater than 10 feet from the master street plan
right-of-way shall have a maximum height of 45
feet.
Any building which exceeds the height of 20 feet
shall be set back from any side boundary line of
an adjacent single family district, an additional
distance of one foot for each foot of height in
excess of 20 feet.
(G) Building area. The area occupied by all buildings
shall not exceed 50% of the total lot area.
(H) Minimum buildable street frontage. 50% of the
lot width.
(Ord. No. 4325, 7-3-01; Ord. 5028, 6-19-07; Ord. 5224, 3-3-
09; Ord. 5262, 8-4-09; Ord. 5312, 4-20-10; Ord. 5462, 12-6-
11; Ord. 5592, 06-18-13; Ord. 5664, 2-18-14)
161.13 District RMF -12, Residential Multi -
Family —Twelve Units Per Acre
(A) Purpose. The RMF -12 Multi -family Residential
District is designed to permit and encourage the
development of multi -family residences at a
moderate density that is appropriate to the area.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
Unit 26
Multi -family dwellings
Unit 44
Cottage Housing Develo ment
(2) Conditional uses.
Unit 2
City-wide uses by conditional use
ermit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 11
Manufactured home park
Unit 12
Limited business
EXHIBIT "Alf
11 Unit 24
1 Home occupations
11 Unit 25
1 Professional offices
11 Unit 36
1 Wireless communications facilities
(C) Density.
11 Units per acre 1 12 or less
(D) Bulk and area regulations.
(1) Lot width minimum.
Manufactured home park
100 ft.
Lot within a manufactured home
ark
50 ft.
Single family
45 ft.
Two-family
45 ft.
Three and more
80 ft.
Professional offices
100 ft.
(2) Lotareaminimum.
Manufactured home park
3 acres
Side
Single
8 Two
Famil
Lot within a
manufactured home park
4,200 sq. ft.
Townhouse:
Individual lot
2,500 sq.
ft.
Single-family
4,500 sq.
ft.
Two-famil
6,000 sq.
ft.
Three or more
9,000 sq.
ft.
Fratemi or Sorority
2 acres
Professional offices
1 1 acre
(3) Land area per dwelling unit.
11 Manufactured home 13,000 sq. ft.
(E) Setback requirements.
Front
Side
Other
Uses
Side
Single
8 Two
Famil
Rear
Other
Uses
Rear
Single
Family
A build -to
8 ft.
5 ft.
20 ft.
5 ft.
zone that is
Cottage Housing Development
Unit 24
Home occupations
Unit25
located
Unit 36
Wireless communications facilities
between
the front
property
line and a
line 25 feet
from the
front
property
line.
Cross reference(s)—Variances, Ch. 156
(F) Building height regulations.
Building Height Maximum 30/45 ft
'A building or a portion of a building that is
located between 0 and 10 feet from the front
property line or any master street plan right-of-
way line shall have a maximum height of 30 feet.
Buildings or portions of the building set back
greater than 10 feet from the master street plan
right-of-way shall have a maximum height of 45
feet.
Any building which exceeds the height of 20 feet
shall be set back from any side boundary line of
an adjacent single family district, an additional
distance of one foot for each foot of height in
excess of 20 feet.
(G) Building area. The area occupied by all buildings
shall not exceed 50% of the total lot area.
(H) Minimum buildable street frontage. 50% of the
lot width.
(Ord. No. 4325, 7-3-01; Ord. 5028, 6-19-07; Ord. 5224, 3-3-
09; Ord. 5262, 8-4-09; Ord. 5312, 4-20-10; Ord. 5462, 12-6-
11; Ord. 5592,6-18-13; Ord. 5664,2-18-14)
161.14 District RMF -18, Residential Multi -
Family — Eighteen Units Per Acre
(A) Purpose. The RMF -18 Multi -family Residential
District is designed to permit and encourage the
development of multi -family residences at a
medium density that is appropriate to the area.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses b right
Unit 8
Single-family dwellings
Unit 9
Two-familydwellings
Unit 10
Three-familydwellings
Unit 26
Multi-familydwellings
Unit 44
Cottage Housing Development
(2) Conditional uses.
Unit 2
City-wide uses by conditional use
ermit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit
Government facilities
Unit 11
Manufactured home park
Unit 12
Limited business
Unit 24
Home occupations
Unit25
Professional offices
Unit 36
Wireless communications facilities
C Densit .
11 Units per acre 1 18 or less
EXHIBIT "A"
(D) Bulk and area regulations.
11) Lot width minimum
Manufactured home park
100 ft.
Lot within a manufactured home
ark
50 ft.
Single-family
40 ft.
Two-family
40 ft.
Three and more
75 ft.
Professional offices
100 ft.
(2) Lot area minimum.
Manufactured home park
3 acres
Side
Single
& Two
Family
Lot within a manufactured home
ark
4,200 sq. ft.
Townhouse:
Individual lot
2,500 sq.
ft.
Single-family
4,000 sq.
ft.
Two-family
5,000 sq.
ft.
Three or more
7,500 sq.
ft.
Fraterni or Sororit
2 acres
Professional offices
1 acre
(3) Land area per dwelling unit.
11 Manufactured Home 3,000 s . ft.
(E) Setback requirements.
Front
Side
Other
Uses
Side
Single
& Two
Family
Rear
Other
Uses
Rear
Single
Family
A build -to
8 ft.
5 ft.
20 ft.
5 ft.
zone that is
Cottage Housing Develo ment
Unit 25
Professional offices
Unit 24
located
Unit 36
Wireless communications facilities
between
the front
property
line and a
line 25 feet
from the
front
property
line.
Cross reference(s) --Variances, Ch. 156.
(F) Building height regulations.
11 Buildin2 Height Maximum 1 30145 ft.*
*A building or a portion of a building that is
located between 0 and 10 feet from the front
property line or any master street plan right-of-
way line shall have a maximum height of 30 feet.
Buildings or portions of the building set back
greater than 10 feet from the master street plan
right-of-way shall have a maximum height of 45
feet.
Any building which exceeds the height of 20 feet
shall be set back from any side boundary line of
an adjacent single family district, an additional
distance of one foot for each foot of height in
excess of 20 feet.
(G) Building area. The area occupied by all buildings
shall not exceed 50% of the total lot area.
(H) Minimum buildable street frontage. 50% of the
lot width.
(Ord. No. 4325, 7-3-01; Ord. 5028, 6-19-07; Ord. 5224, 3-3-
09; Ord. 5262, 84-09; Ord. 5312, 4-20-10; Ord. 5462, 12-6-
11; Ord. 5592, 6-18-13; Ord. 5664, 2-18-14)
161.15 District RMF -24, Residential Multi -
Family — Twenty -Four Units Per Acre
(A) Purpose. The RMF -24 Multi -family Residential
District is designed to permit and encourage the
developing of a variety of dwelling types in
suitable environments in a variety of densities.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 8
Sinale-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
Unit 26
Multi -family dwellings
Unit 44
Cottage Housing Develo ment
(2) Conditional uses.
Unit 2
City-wide uses by conditional use
permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit
Government facilities
Unit 11
Manufactured home park
Unit 12
Limited business
Unit 25
Professional offices
Unit 24
Home occupations
Unit 36
Wireless communications facilities
(C) Density.
Units per acre 124 or less
(D) Bulk and area regulations.
1 Lot width minimum.
Manufactured home ark 100 ft.
Lot within a 50 ft.
EXHIBIT "A"
Manufactured home park
Single-family
35 ft.
Two-family
35 ft.
Three or more
70 ft.
Professional offices
100 ft.
(2) Lot area minimum.
Manufactured home park
3 acres
Lot within a mobile home
park
4,200 sq. ft.
Townhouses:
Individual lot
2,000 sq.
ft.
Single-family
3,000 sq.
ft.
Two-family
4,000 sq.
ft.
Three or more
7,000 sq.
ft.
Fraternity or Sorority
2 acres
Professional offices
1 acre
(3) Land area per dwelling unit.
Manufactured home I 3,000 sq. ft.
(E) Setback requirements.
Front
Side
Other
Uses
Side
Single
& Two
Family
Rear
Other
Uses
Rear
Single
Family
A build -to
8 ft.
5ft.
20 ft.
5ft.
zone that is
located
between the
front
property line
and a line
25 feet from
the front
property
line.
Cross reference(s)—Variance, Ch. 156.
(F) Building height regulations.
Building Height Maximum I 30/45/60ft.*II
A building or a portion of a building that is
located between 0 and 10 feet from the front
property line or any master street plan right-of-
way line shall have a maximum height of 30 feet,
between 10-20 feet from the master street plan
right-of-way a maximum height of 45 feet and
buildings or portions of the building set back
greater than 20 feet from the master street plan
right-of-way shall have a maximum height of 60
feet.
Any building which exceeds the height of 20 feet
shall be set back from any side boundary line of
an adjacent single family district, an additional
distance of one foot for each foot of height in
excess of 20 feet.
(G) Building area. The area occupied by all buildings
shall not exceed 50% of the total lot area.
(H) Minimum buildable street frontage. 50% of the
lot width.
(Code 1965, App. A., Art. 5(111); Ord. No. 2320, 4-6-77; Ord.
No. 2700, 2-2-81; Code 1991, §160.033; Ord. No. 4100, §2
(Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. 5028, 6-19-
07; Ord. 5079, 11-20-07; Ord. 5224, 3-3-09; Ord. 5262, 8-4-
09; Ord. 5312, 4-20-10; Ord. 5462, 12-6-11; Ord. 5495, 4-
17-12; Ord. 5592, 6-18-13; Ord. 5664, 2-18-14)
161.16 District RMF-40, Residential Multi -
Family — Forty Units Per Acre
(A) Purpose. The RMF-40 Multi -family Residential
District is designated to protect existing high
density multi -family development and to
encourage additional development of this type
where it is desirable.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
Unit 26
Multi -family dwellings
Unit 44
Cottage Housing Development
(2) Conditional uses.
Unit 2
City-wide uses by CUP
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 11
Manufactured home park
Unit 12
Limited business
Unit 24
Home occupation
Unit 25
Professional offices
Unit 36
Wireless communications facilities
(C) Density.
Units per acre I 40 or less
(D) Bulk and area regulations.
(1) Lot width minimum.
Manufactured home park
100 ft.
Lot within a manufactured home park
50 ft.
Single-family
30 ft.
Two-family
30 ft.
EXHIBIT "A"
Three or more
70 ft.
Professional offices
100 ft.
distance of one foot for each foot of height in
excess of 20 feet.
(2) Lot area minimum. (G) Building area. The area occupied by all buildings
shall not exceed 50% of the total lot area.
Manufactured home park
3 acres
Lot within a
manufactured home park
4,200 sq. ft.
Townhouses:
Individual lot
2,000 sq.
ft.
Single-family
2 500 sq.
ft.
Two-family
3,000 sq.
ft.
Three or more
7,000 sq.
ft.
Fraternity or Sorority
1 acre
(3) Land area per dwelling unit.
Manufactured home park
3,000 sq. ft.
Fraternity or Sorority
500 sq. ft. per
resident
(E) Setback requirements.
Front
Side
Other
Uses
Side
Single
& Two
Tamil
Rear
Other
Uses
Rear
Single
Family
A build -to
8 ft.
5 k.
20 ft.
5 ft.
zone that is
located
between the
front
property line
and a line 25
feet from the
front
property
line.
Cross reference(s)--Variance, Ch. 156.
(F) Building height regulations.
Building Height Maximum I 30/45/60 ft.'
*A building or a portion of a building that is
located between 0 and 10 feet from the front
property line or any master street plan right-of-
way line shall have a maximum height of 30 feet,
between 10-20 feet from the master street plan
right-of-way a maximum height of 45 feet and
buildings or portions of the building set back
greater than 20 feet from the master street plan
right-of-way shall have a maximum height of 60
feet.
Any building which exceeds the height of 20 feet
shall be set back from any side boundary line of
an adjacent single family district, an additional
(H) Minimum buildable street frontage. 50% of the
lot width.
(Code 1965, App. A., Art. 5(lV); Ord. No. 2320, 4-5-77; Ord.
No. 2700, 2-2-81; Ord. No. 1747, 6-29-70; Code 1991,
§160.034; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No.
4178, 8-31-99; Ord. 5028, 6-19-07; Ord. 5224, 3-3-09; Ord.
5262, 8-4-09; Ord. 5312, 4-20-10; Ord. 5462, 12-6-11; Ord.
5592, 6-18-13; Ord. 5664, 2-18-14)
EXHIBIT "B"
CHAPTER 161: ZONING REGULATIONS
161.10 District RSF-18, Residential
Single -Family — Eighteen Units Per Acre
(A) Purpose. The RSF-18 Single-family Residential
District is designed to promote and encourage
the efficient development of single-family
detached residences in a variety of densities.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 41
Accessory dwellings
(2) Conditional uses.
Unit 2
City-wide uses by conditional use
permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 9
Two-family dwellings
Unit 12
Limited business
Unit 24
Home occupations
Unit 36
Wireless communications facilities
(C) Density.
Units per acre I 18 or less
(D) Bulk and area regulations.
(1) Lot width minimum.
Single-family
30 ft.
Two-family
30 ft.
(2) Lot area minimum.
Townhouses:
Individual lot
1 250 sq. ft.
Single-family
2,500 sq. ft.
Two-family
2,500 sq. ft.
(E) Setback requirements.
Front
Side
Side -Zero Lot Line*
Rear
A build -to
5 ft.
A setback of less than 5
5 ft.
zone that is
on
ft. (zero lot line) is
located
both
permitted on one
between
sides
interior side, provided a
the front
maintenance
property
agreement is filed**.
line and a
The remaining side
line 25 ft.
setback(s) shall be 10
from the
feet.
front
property
line.
* A zero lot line is an alternative to the 5 foot building
setback. Applicants should consult the International
Building Code when locating a structure in close
proximity to property lines and/or adjacent structures.
** At least 5 feet of maintenance area shall be
provided along a structure that is within 5 feet of a
property line. This may be provided through a
perpetual maintenance easement on the adjacent
property, or through a combination of a maintenance
easement and private property. Walls, fences and
customary yard accessories are permitted in the
maintenance area.
(F) Building height regulations.
Building Height Maximum I 35 ft.
(G) Building area. The area occupied by all buildings
shall not exceed 60% of the total lot area.
(H) Minimum buildable street frontage. 50% of the lot
width for two-family dwellings.
EXHIBIT "C"
CHAPTER 164: SUPPLEMENTARY ZONING REGULATIONS
164.11 Height or Setback Regulations;
(C) Home Protection Requirements. Regardless of
Exceptions and Home Protection
any other setback or build -to zone regulations,
new multifamily, commercial, offce, parking deck,
Requirements
4
or mixed use construction exceeding twenty-four
(24) feet in height which adjoins or abuts a single
(A) Side Setbacks -Detached Single-family Units. In
family home being used primarily as a single
RT-12 and all multi -family zoning districts that
family residence within the Downtown General or
permit detached single-family units, side
Main Street Center Zoning Districts must at a
setbacks may be varied to permit zero lot line
minimum be set back from the side or rear
development patterns, subject to all applicable
adjoining property line at least fifteen (15) feet.
building and fire codes and the following
The maximum height of the new building from the
standards.
fifteen foot setback shall be thirty-six (36) feet for
an additional fifteen (15) foot stepback from the
(1) The zero lot line allowance only applies to
residence's property line. These setback and
detached single-family homes.
stepback requirements are minimums so that, if
larger setbacks or stepbacks are required by
(2) The side setback opposite of the zero lot line
other zoning laws, the larger setback/stepbacks
shall be at least 10 feet.
are controlling.
(3) At least 5 feet of maintenance area shall be
(D) The height limitations contained in the Zoning
provided along a structure that is within 5
Regulation, Chapter 161, do not apply to spires,
feet of a property line. This may be provided
belfries, cupolas, antennas, water tanks,
through a perpetual maintenance easement
ventilators, chimneys, or other appurtenances
on the adjacent property, or through a
usually required to be placed above the roof
combination of maintenance easement and
level and not intended for human occupancy.
private property. Walls, fences and
customary yard accessories are permitted in
(Code 1965, App. A., Art. 8(6); Ord. No 1747, 6-29-70; Ord.
the maintenance area.
No. 2555, 8-21-79; Code 1991, §160.113; Ord. No. 4100, §2
(Ex. A), 6-16-98; Ord. 5225, 3-3-09; Ord. 5327, 6-1-10; Ord.
(B) Side Setbacks -Attached Townhouse Units.
5636, 12-03-13)
In zoning districts that permit two, three or
other multi -family residential uses, side
setbacks may be varied to permit common
walls between single family attached /
townhouse dwellings, subject to all
applicable building and fire codes and the
following standards:
(1) The total number of dwelling units
on the lot, prior to being subdivided
into single family attached /
townhouse lots, shall conform to the
minimum bulk and area
requirements of the underlying
zoning district.
(2) The townhouse development shall
conform to the zoning district
density, exterior setback
requirements, height regulations
and all other applicable city
ordinances.
(3) There shall be a minimum lot width
of 18 feet for each dwelling unit.
(4) There shall be no minimum lot area
requirement unless otherwise specified by
the underlying zoning district.
EXHIBIT "D"
164.23 Single-family Infill Standards The upper floor(s) shall also have
windows facing the street.
(A) Purpose. The purpose of the standards is to
maintain visibility and security of the primary 164.24-164.99 Reserved
residence to and from the streetscape, provide
pedestrian safety, and reduce opportunities for
criminal activities.
(B) Applicability. The following standards apply to
new detached single-family homes on lots with
less than 70 feet of street frontage.
(1) Lots with 46 feet - 69 feet of street frontage.
(a) Each home shall have a clearly defined
front door and windows on the ground
floor facade facing the street. This is
only required on one side of the home
where there is more than one street
frontage.
(b) Garage openings that are on the same
side of the home as the front door shall
be recessed at least 5 feet behind the
principal facade.
(c) A garage does not have to be recessed
behind the principal facade if the
garage opening is located on a different
side of the home than the front door.
(2) Lots with less than 46 feet of street frontage.
(a) Each home shall have a clearly defined
front door and windows on the ground
floor facade facing the street. This is
only required on one side of the home
where there is more than one street
frontage.
(b) Garage openings that are on the same
side of the home as the front door shall
be recessed at least 5 feet behind the
principal facade. Where a garage
cannot be located at least 5 feet behind
the principal facade, due to unique site
characteristics, at least two of the
following standards shall be
implemented.
(i) The garage opening shall be less
than 50 percent of the principal
facade length.
(ii) The front door shall be even with or
extend forward of the garage
opening.
(iii) For multi -story homes, the principal
facade, a balcony, deck, or similar
feature shall project at least 12
inches beyond the garage opening.
City of Fayetteville, Arkansas 113 West Mountain street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2015-0330
Agenda Date: 10/6/2015 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: B. 1
ADM 15-5093 (UDC CHAPTERS 161, 164 AND 172 - SINGLE FAMILY AND TWO FAMILY
INFILL)
AN ORDINANCE AMENDING TITLE XV: UNIFIED DEVELOPMENT CODE OF THE CITY OF
FAYETTEVILLE, TO AMEND CHAPTERS 161, 164 AND 172 TO MODIFY EXISTING BULK
AND AREA REGULATIONS TO ENCOURAGE SMALL -LOT, SINGLE FAMILY AND TWO
FAMILY INFILL IN MULTI -FAMILY ZONING DISTRICTS; TO PERMIT ZERO LOT -LINE
DEVELOPMENT IN CERTAIN ZONING DISTRICTS; TO CREATE THE RSF-18 ZONING
DISTRICT; AND TO INCLUDE MINIMUM DESIGN STANDARDS FOR THIS TYPE OF
DEVELOPMENT.
WHEREAS, the City of Fayetteville recognizes that the opportunity to provide appropriate
neighborhood density through small lot development supports City Plan 2030 goals of prioritizing infill
development and discouraging suburban sprawl; and
WHEREAS, small lot development with reduced lot sizes and building setbacks may encourage the
creation of housing that may be financially attainable to a large segment of the Fayetteville community;
and
WHEREAS, the City of Fayetteville recognizes that small lot developments aie appropriate in many
areas of the city zoned for high -density, multi -family housing; and
WHEREAS, the overall residential density of single-family and two-family developments in
multi -family zoning districts will better match the underlying permitted density by reducing the lot size
requirements for residential development; and
WHEREAS, design standards for narrow lot development shall be utilized to maximize visual
transparency between homes and the street to increase "eyes on the street" and promote safe urban
environments.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of Fayetteville, Arkansas hereby repeals the existing §161.10 RT-12,
§161.11 RMF-6, §161.12 RMF-12, §161.13 RMF-18, §161.14 RMF-24, and §161.15 RMF-40 and
replaces these sections with the attached Exhibit "A", renumbering the subsequent sections accordingly.
City of Fayetteville, Arkansas Page 1 Printed on 10O/2015
File Number. 2015-0330
Section 2: That the City Council of Fayetteville, Arkansas adopts a new §161.10 District RSF-18,
Residential Single Family - 18 units per acre, as shown in Exhibit "B".
Section 3: That the City Council of Fayetteville, Arkansas hereby repeals §164.11 Height or Setback
Regulations; Exceptions and Home Protection Requirements and replaces it with the attached Exhibit
..C
Section 4: That the City Council of Fayetteville, Arkansas hereby amends §164: Supplementary Zoning
Regulations by adopting §164.23 Single -Family Infill Standards as shown on the attached Exhibit "D."
Section 5: That the City Council of Fayetteville, Arkansas hereby repeals §172.11(G)(2) Driveways
Beyond the Property Line and replaces it with the following language:
§172.11(G)(2). Driveways Beyond the Property Line. Driveways shall be paved from the property line
and/or master street plan right-of-way with asphalt, concrete, brick or stone pavers, or other solid
surface and shall extend 18 feet (length) into the property. To prevent vehicles from parking over the
public sidewalk, garages and carports shall be positioned to provide at least 18 feet between the
sidewalk or Master Street Plan right-of-way line and the garage or carport.
City of Fayetteville, Arkansas Page 2 Printed on 10/7/2015
CITY OF
a e evi le CITY COUNCIL AGENDA MEMO
Y ARKANSAS
MEETING OF OCTOBER 16, 2015
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
FROM: Jesse Fulcher, Senior Planner
DATE: duly 15, 2015 Updated September 24, 2015
SUBJECT: ADM 15-5093: Administrative Item (UDC Chapters 161,164 and 172 - SINGLE
FAMILY AND TWO FAMILY INFILL/RSF-18 ZONING DISTRICT): Submitted by
CITY PLANNING STAFF for revisions to Chapters 161, 164 and 172 to modify
existing bulk and area regulations to encourage small -lot, single family and two
family infill in multi -family zoning districts, to permit zero lot -line development
patterns in certain zoning districts, to create the RSF-18 zoning district and to
include minimum design standards for this type of development.
RECOMMENDATION:
Staff and the Planning Commission recommend approval of an ordinance to amend Chapters
161, 164 and 172.
BACKGROUND:
The Unified Development Code provides several single-family zoning districts with varying lot size
requirements. In particular, new zoning districts such as Neighborhood Conservation,
Neighborhood Services and RSF-8 have increased options for developing smaller homes and
smaller lots in appropriate locations: Flexibility in mixed -use and commercial development has
also been provided with the adoption of form -based districts such as Community Services and
Urban Thoroughfare.
However, the bulk and area standards for multi -family zoning districts have remained unchanged
for several decades. In staffs opinion, some of the zoning standards for multi -family zoning are
outdated and are a barrier to the development of smaller, higher density single-family and two-
family homes, in particular. As an example, the RMF-40 zoning district allows apartments at a
density of 40 units per acre. Single-family homes, however, are limited to only 7 units per acre
due to the lot size and frontage (bulk and area) requirements, which is less dense than the RSF-
8 and Neighborhood Conservation zoning districts, which only allow single-family development.
Over the last several years staff has seen a desire in the marketplace to build new, smaller single-
family and two-family dwellings within multi -family zoning districts rather than a larger multi -family
building with associated parking lot. Unfortunately, this rarely occurs without additional action by
a City board or the City Council. In most cases the applicants have to rezone the property, or
request zoning variances. These processes can take several months to complete, if they are
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
successful. Needless to say, the current zoning requirements don't support the development of
single-family or two-family homes on small, infill lots.
To address new market demands, and in response to feedback from the City Council, Planning
staff has developed the RSF-18, Residential Single-family, 18 units per acre zoning district. The
RSF-18 district only allows single-family homes, so the resulting development pattern is
understood up front. A high -density, single-family zoning district provides a valuable option
between low -density detached housing and multi -family zoning districts that permit a wide range
of housing options. The setbacks for the RSF-1 8 district have been developed to allow either zero
lot -line development or more conventional 5 -foot side setbacks (exhibit attached). In addition, the
rear setback has been reduced to allow detached garages along rear access drives. To address
maintenance along zero lot -lines, the code requires a maintenance agreement between property
owners. A zero lot -line may not be utilized unless the neighboring property signs the agreement.
In addition to perceived market demands, staff believes that the development of smaller single-
family and two-family homes in a denser format is an appropriate land use that provides a piece
of the "missing middle" housing type and supports many City Plan 2030 goals, as follows:
Goal 1. We will make appropriate infill and revitalization our highest priorities.
Goal 2. We will discourage suburban sprawl.
• Reducing the lot size requirements for single-family and two-family homes, as well as
other residential land uses, provides an opportunity to support infill development in areas
that are already zoned for dense development.
• Infill development can reduce the pressures to extend new public infrastructure to support
new housing at the edge of the City.
• Infill development allows existing public infrastructure to be utilized more efficiently.
• Fees from infill development can be directed back towards existing infrastructure versus
future costs for new infrastructure.
Goal 3. We will make traditional town form the standard.
• Denser housing and infill lead to complete, compact and connected neighborhoods, a
trademark of traditional neighborhood development.
Goal 4. We will grow a livable transportation network.
• A greater variety of housing types and smaller lot sizes with buildings fronting the street
can contribute to a better pedestrian experience and make neighborhoods more walkable,
cyclist -friendly and reduce vehicle speeds.
Goal 6. We will create opportunities for attainable housing.
• A variety of housing types promotes mixed -income neighborhoods where residents can
age in place.
• Allowing more housing within the core of the City provides opportunities for residents to
live within short distances of schools and services, thereby reducing transportation costs.
• Denser housing can also lead to lower price points for buyers and renters.
DISCUSSION:
This item was discussed and tabled at the June 22, 2015 Planning Commission meeting. After
that meeting staff and the Planning Commission continued to evaluate infill development patterns
and made additional changes to the bulk and area regulations to ensure more flexibility for
development of two-family dwellings in appropriate infill locations. On July 13, 2015 the Planning
Commission forwarded this item to the City Council with a recommendation of approval with a
vote of 7-0-0.
The City Council discussed this item on August 4, 2015 and tabled it until October 16, 2015.
UPDATED ITEMS:
Updated items included in this proposal since the August 04 City Council meeting include the
addition of a new medium -high density single family district (RSF-18) with a flexible development
pattern, and the provision for zero lot line development (townhouse development) for both
attached and detached homes in certain single family and multi -family zoning districts. Staff also
reviewed the ability to decrease the lot width or area for Neighborhood Conservation as
requested, but doing so would require increasing the density in this zoning district. Because NC
is already adopted in many places throughout the city, and some places where an increase in
density may not be desirable, we opted to create a new district instead.
BUDGET/STAFF IMPACT:
None
Attachments:
• Draft Ordinance
• Exhibit A: Chapter 161 (Zoning Regulations)
• Exhibit B: Chapter 161.10 (RSF-18)
• Exhibit C: Chapter 164.11 (Height or Setback Regulations)
• Exhibit D: Chapter 164.23 (Single-family Infill Standards)
• July 13, 2015 Planning Commission Staff Report
• Maintenance Agreement Example
3
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE XV: UNIFIED
DEVELOPMENT CODE OF THE CITY OF FAYETTEVILLE, TO
AMEND CHAPTERS 161, 164 AND 172 TO MODIFY EXISTING
BULK AND AREA REGULATIONS TO ENCOURAGE SMALL -
LOT, SINGLE FAMILY AND TWO FAMILY INFILL IN MULTI-
FAMILY ZONING DISTRICTS; TO PERMIT ZERO LOT -LINE
DEVELOPMENT IN CERTAIN ZONING DISTRICTS; TO
CREATE THE RSF-18 ZONING DISTRICT; AND TO INCLUDE
MINIMUM DESIGN STANDARDS FOR THIS TYPE OF
DEVELOPMENT.
WHEREAS, the City of Fayetteville recognizes that the opportunity to provide
appropriate neighborhood density through small lot development supports City Plan 2030 goals
of prioritizing infill development and discouraging suburban sprawl; and
WHEREAS, small lot development with reduced lot sizes and building setbacks may
encourage the creation of housing that may be financially attainable to a large segment of the
Fayetteville community; and
WHEREAS, the City of Fayetteville recognizes that small lot developments are
appropriate in many areas of the city zoned for high -density, multi -family housing; and
WHEREAS, the overall residential density of single-family and two-family
developments in multi -family zoning districts will better match the underlying permitted density
by reducing the lot size requirements for residential development; and
WHEREAS, design standards for narrow lot development shall be utilized to maximize
visual transparency between homes and the street to increase "eyes on the street" and promote
safe urban environments.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of Fayetteville, Arkansas hereby repeals the existing
§161.10 RT-12, §161.11 RMF-6, §161.12 RMF-12, §161.13 RMF-18, §161.14 RMF-24, and
§161.15 RMF-40 and replaces these sections with the attached Exhibit "A", renumbering the
subsequent sections accordingly.
Section 2: That the City Council of Fayetteville, Arkansas adopts a new §161.10 District
RSF-18, Residential Single Family -18 units per acre, as shown in Exhibit "B".
Section 3: That the City Council of Fayetteville, Arkansas hereby repeals §164.11 Height
or Setback Regulations; Exceptions and Home Protection Requirements and replaces it with the
attached Exhibit "C."
Section 4: That the City Council of Fayetteville, Arkansas hereby amends §164:
Supplementary Zoning Regulations by adopting §164.23 Single -Family Infill Standards as shown
on the attached Exhibit "D."
Section 5: That the City Council of Fayetteville, Arkansas hereby repeals §172.11(G)(2)
Driveways Beyond the Property Line and replaces it with the following language:
§ 172.11(G)(2). Driveways Beyond the Property Line. Driveways shall be paved from the
property line and/or master street plan right-of-way with asphalt, concrete, brick or stone pavers,
or other solid surface and shall extend 18 feet (length) into the property. To prevent vehicles
from parking over the public sidewalk, garages and carports shall be positioned to provide at
least 18 feet between the sidewalk or Master Street Plan right-of-way line and the garage or
carport.
PASSED and APPROVED this day of , 2015.
APPROVED: ATTEST:
By:
LIONELD JORDAN, Mayor
SONDRA E. SMITH, City Clerk/Treasurer
City of Fayetteville Staff Review Form
2015-0330
Legistar File ID
8/4/2015
City Council Meeting Date -Agenda Item Only
N/A for Non -Agenda Item
Jeremy Pate 7/17/2015 City Planning /
Development Services Department
Submitted By Submitted Date Division / Department
Action Recommendation:
ADM 15-5093: Administrative Item (UDC Chapters 161, 164 and 172 —SINGLE FAMILY AND TWO FAMILY INFILL):
Submitted by CITY PLANNING STAFF for revisions to Chapters 161, 164 and 172 to modify the bulk and area
regulations to encourage small -lot, single family and two family infill in multi -family zoning districts, and to include
minimum design standards for this type of development.
Budget Impact:
Account Number
Project Number
Budgeted Item? NA Current Budget
Funds Obligated
Current Balance
Does item have a cost? No Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget
Fund
Project Title
$
O
V20140710
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
Approval Date: I
L.L
CITY OF
Ye'F�ttvilie CITY COUNCIL AGENDA MEMO
ARKANSAS
MEETING OF AUGUST 4, 2015
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
FROM: Jesse Fulcher, Senior Planner
DATE: July 15, 2015
SUBJECT: ADM 15-5093: Administrative Item (UDC Chapters 161,164 and 172 — SINGLE
FAMILY AND TWO FAMILY INFILL): Submitted by CITY PLANNING STAFF for
revisions to Chapters 161, 164 and 172 to modify the bulk and area regulations to
encourage small -lot, single family and two family infill in multi -family zoning
districts, and to include minimum design standards for this type of development.
RECOMMENDATION:
Staff and the Planning Commission recommend approval of an ordinance to amend Chapters
161, 164 and 172.
BACKGROUND:
The Unified Development Code provides several single-family zoning districts with varying lot
size requirements. In particular, new zoning districts such as Neighborhood Conservation,
Neighborhood Services and RSF-8 have increased options for developing smaller homes and
smaller lots in appropriate locations. Flexibility in mixed -use and commercial development has
also been provided with the adoption of form -based districts such as Community Services and
Urban Thoroughfare.
However, the bulk and area standards for multi -family zoning districts have remained
unchanged for several decades. In staffs opinion, some of the zoning standards for multi -family
zoning are outdated and are a barrier to the development of smaller, higher density single-family
and two-family homes, in particular. As an example, the RMF-40 zoning district allows
apartments at a density of 40 units per acre. Single-family homes, however, are limited to only 7
units per acre due to the lot size and frontage (bulk and area) requirements, which is less dense
than the RSF-8 and Neighborhood Conservation zoning districts, which only allow single-family
development.
Over the last several years staff has seen a desire in the marketplace to build new, smaller single-
family and two-family dwellings within multi -family zoning districts rather than a larger multi -family
building with associated parking lot. Unfortunately, this rarely occurs without additional action by
a City board or the City Council. In most cases the applicants have to rezone the property, or
request zoning variances. These processes can take several months to complete, if they are
successful. Needless to say, the current zoning requirements don't support the development of
single-family or two-family homes on small, infill lots.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
In addition to perceived market demands, staff believes that the development of smaller single-
family and two-family homes in a denser format is an appropriate land use that provides a piece
of the "missing middle" housing type and supports many City Plan 2030 goals, as follows:
Goal 1. We will make appropriate infill and revitalization our highest priorities.
Goal 2. We will discourage suburban sprawl.
• Reducing the lot size requirements for single-family and two-family homes, as well as
other residential land uses, provides an opportunity to support infill development in areas
that are already zoned for dense development.
• Infill development can reduce the pressures to extend new public infrastructure to
support new housing at the edge of the City.
• Infill development allows existing public infrastructure to be utilized more efficiently.
• Fees from infill development can be directed back towards existing infrastructure versus
future costs for new infrastructure.
Goal 3. We will make traditional town form the standard.
• Denser housing and infill lead to complete, compact and connected neighborhoods, a
trademark of traditional neighborhood development.
Goal 4. We will grow a livable transportation network.
• A greater variety of housing types and smaller lot sizes with buildings fronting the street
can contribute to a better pedestrian experience and make neighborhoods more
walkable, cyclist -friendly and reduce vehicle speeds.
Goal 6. We will create opportunities for attainable housing.
• A variety of housing types promotes mixed -income neighborhoods where residents can
age in place.
• Allowing more housing within the core of the City provides opportunities for residents to
live within short distances of schools and services, thereby reducing transportation costs.
• Denser housing can also lead to lower price points for buyers and renters.
DISCUSSION:
This item was discussed and tabled at the June 22, 2015 Planning Commission meeting. After
that meeting staff and the Planning Commission continued to evaluate infill development patterns
and made additional changes to the bulk and area regulations to ensure more flexibility for
development of two-family dwellings in appropriate infill locations. On July 13, 2015 the Planning
Commission forwarded this item to the City Council with a recommendation of approval with a
vote of 7-0-0.
BUDGETISTAFF IMPACT:
None
Attachments:
• Draft Ordinance
• Exhibit A: Chapter 161 (Zoning)
• Exhibit B: Chapter 164 (Supplementary Zoning Regulations)
• July 13, 2015 Planning Commission staff report
CITY OF
'F�ettville PLANNING COMMISSION MEMO ARKANSAS
TO: Fayetteville Planning Commission
THRU: Andrew Garner, City Planning Director
FROM: Jesse Fulcher, Senior Planner
MEETING DATE:Juno�s20115 July 13, 2015
SUBJECT: ADM 15-5093: Administrative Item (UDC Chapters 161, 164 and 172 —
SINGLE-FAMILY INFILL): Submitted by CITY PLANNING STAFF for
revisions to Chapters 161, 164 and 172 to modify the bulk and area
regulations to encourage small -lot, single family inf ill in multi -family zoning
districts, and to include minimum design standards for this type of
development.
RECOMMENDATION:
Staff recommends that the Planning Commission forward ADM 15-5093 to the City Council with
a recommendation for approval.
PROJECT SYNOPSIS:
DISCUSSION:
The Planning Commissioner reviewed the project on June 2Z 2015 and tabled the proposal
until the July 13, 2015 meeting. Commissioner Hoskins provided feedback about the lot
requirements for two-family and three-family units; specifically requesting staff to evaluate
reducing the lot size requirements to allow two and three-family units to be stacked either
horizontally or vertically. Staff has updated several of the multi -family districts to allow a smaller
lot width and side setback requirement for two-family units to allow increased variety and
flexibility for this development pattern. This would permit a two-family dwelling on a lot that is as
narrow as a single-family lot. The intent under this scenario is for the front of the two-family
dwelling to appear as a single-family home from the street, with the second unit along the side,
rear or second story.
The Unified Development Code provides several single-family zoning districts with varying lot
size requirements. In particular, new zoning districts such as Neighborhood Conservation,
Neighborhood Services and RSF-8 have increased options for developing smaller homes and
smaller lots in appropriate locations. Flexibility in commercial development has also been
provided with the adoption of form -based districts such as Community Services and Urban
Thoroughfare.
However, multi -family zoning districts have remained unchanged for several decades. In staff's
opinion, the zoning standards for multi -family zoning are outdated and are a barrier to the
development of single-family homes, in particular. As an example, the RMF-40 zoning district
allows apartments at a density of 40 units per acre. Single-family homes, however, are limited to
Mailing Address: Planning Commission
fg*ftgv
113 W. Mountain Street www.Item 4 v
Fayetteville, AR 72701 15-5093 Agenda UDC Single Family
Page 1 of 15
only 7 units per acre, which is less dense than the RSF-8 and Neighborhood Conservation
zoning districts, which only allow single-family development.
Over the last several years staff has seen a desire in the marketplace to build new single-family
dwellings within multi -family zoning districts. Unfortunately, this rarely occurs without additional
action by a City board or the City Council. In most cases the applicants have to rezone the
property, or request zoning variances. These processes can take several months to complete, if
they are successful. Needless to say, the current zoning requirements don't support the
development of single-family homes on small, infill lots.
In addition to perceived market demands, staff believes that the development of single-family
homes in a denser format is an appropriate land use and supports many City Plan 2030 goals,
as follows:
Goal 1. We will make appropriate infill and revitalization our highest priorities.
Goal 2. We will discourage suburban sprawl.
• Reducing the lot size requirements for single-family homes, as well as other residential
land uses, provides an opportunity to support infill development in areas that are already
zoned for dense development.
• Infill development can reduce the pressures to extend new public infrastructure to
support new housing at the edge of the City.
• Infill development allows existing public infrastructure to be utilized more efficiently.
• Fees from infill development can be directed back towards existing infrastructure versus
future costs for new infrastructure.
Goal 3. We will make traditional town form the standard.
• Denser housing and infill lead to complete, compact and connected neighborhoods, a
trademark of traditional neighborhood development.
Goal 4. We will grow a livable transportation network.
• A greater variety of housing types and smaller lot sizes with buildings fronting the street
can contribute to a better pedestrian experience and make neighborhoods more
walkable, cyclist -friendly and reduce vehicle speeds.
Goal 6. We will create opportunities for attainable housing.
• A variety of housing types promotes mixed -income neighborhoods where residents can
age in place.
• Allowing more housing within the core of the City provides opportunities for residents to
live within short distances of schools and services, thereby reducing transportation
costs.
• Denser housing can also lead to lower price points for buyers and renters.
In order to promote the goals and policies adopted by the City Council, staff recommends the
following changes:
1. Chapter 161.10-161.15 Zoning Regulations. Reduce the lot width and lot area
requirements for all residential land uses and reduce the side setbacks for single-family
homes.
Planning Commission
G:\ETC\Development Services Review\2015\Development Review\15-5093 ADM UDC Amendment (Single-family infill) Chapters 161, 1641HIYd13, 2015
172\03 Planning Commission-13-2015\Comments and Redlines Agenda Item 4
15-5093 UDC single Family
Page 2 of 15
2. Chapter 164.23 Small Lot Design Standards. Introduce a set of design standards for
single-family homes on small lots. For the purposes of this section, small lots are defined
as having less than 70 feet of street frontage. This is intended to address unique issues
that arise thwn developing homes on small lots.
3. Chapter 172.11 Driveway and Parking Standards for Four (4) or Less Parking Spaces.
Amended to require an 18 foot long driveway for single-family homes as measured from
the garage/carport to the sidewalk. This ensures that driveways are long enough to allow
parking without vehicles encroaching over the sidewalk.
As noted above, Chapter 161 is being updated to allow greater variability in the types of residential
units constructed in multi -family zoning districts, principally by reducing the barriers to construct
single-family homes. However, as lot width and building footprints are reduced it becomes more
difficult to design a home and maintain visibility between the street and building. A primary goal
of Crime Prevention Through Environment Design (CPTED) is to maintain natural surveillance,
or "see and be seen." Unfortunately, poor design choices when building smaller homes can
greatly reduce and sometimes even eliminate natural surveillance. As a result, staff is proposing
a relatively brief set of design standards for single-family homes on small lots (see exhibit "B"
attached). The code specifies the standards only apply to lots with less than 70 feet of street
frontage. This exempts a majority of all single-family lots in the City which are typically located in
the RSF-4 zoning district, with a minimum lot width of 70 feet and maximum density of 4.units per
acre.
The change to Chapter 172.11 is intended to clarify an existing standard for driveway construction
for single-family homes. Section (G)(2) requires driveways to be constructed at least 18 feet
beyond the right-of-way line unless no parking is provided between the right-of-way line and
structure. The minimum parking requirement for a single-family home is two parking spaces, so
a two -car garage provides all of the required parking. In zoning districts with minimal front building
setbacks the driveway is sometimes only 5-10 feet long between the sidewalk and garage doors.
This leads to residents and guests parking in the driveway and over the sidewalk. Staff has
amended this code section to specifically require at least an 18 foot driveway between the
sidewalk and garage, so vehicles don't park over the sidewalk.
RECOMMENDATION:
Staff recommends that the proposed code changes be discussed and forwarded to the
City Council with recommendations by the Planning Commission to be included the
proposal to the City Council.
Planning Commission Action:
Meeting Date: July 13, 2015
Motion:
Second:
Vote:
BUDGETISTAFF IMPACT:
None
O Tabled O Forwarded O Denied
Attachments:
• The proposed code changes to UDC Chapters 161, 164, and 172.
• Example photos
Planning Commission
G:\ETC\Development Services Review\2015\Development Review\1 5-5093 ADM UDC Amendment (Single-family infill) Chapters 161, 1641Si1d13, 2015
172\03 Planning Commission\7-13-2015\Comments and Redlines Agenda Item 4
15-5093 UDC Single Family
Page 3 of 15
TITLE XV UNIFIED DEVELOPMENT CODE
CHAPTER 161: ZONING REGULATIONS
161.01 APPLICATION OF DISTRICT REGULATIONS................................................................................3
161.02 ZONING COMPLIANCE AND BUSINESS LICENSE.......................................................................3
161.03 DISTRICT R -A, RESIDENTIAL-AGRICULTURAL...........................................................................4
161.04 DISTRICT RSF-.5, RESIDENTIAL SINGLE-FAMILY - ONE HALF UNIT PER ACRE ...................5
161.05 DISTRICT RSF-1, RESIDENTIAL SINGLE -FAMILY -ONE UNIT PER ACRE...............................5
161.06 DISTRICT RSF-2, RESIDENTIAL SINGLE-FAMILY - TWO UNITS PER ACRE ............................6
161.07 DISTRICT RSF-4, RESIDENTIAL SINGLE-FAMILY - FOUR UNITS PER ACRE ..........................6
161.08 DISTRICT RSF-7, RESIDENTIAL SINGLE-FAMILY - SEVEN UNITS PER ACRE ........................7
161.09 DISTRICT RSF-8, RESIDENTIAL SINGLE -FAMILY -8 UNITS PER ACRE..................................8
161.10 DISTRICT RT-12, RESIDENTIAL TWO AND THREE FAMILY.......................................................8
161.11 DISTRICT RMF-6, RESIDENTIAL MULTI -FAMILY - SIX UNITS PER ACRE................................9
161.12 DISTRICT RMF-12, RESIDENTIAL MULTI -FAMILY - TWELVE UNITS PER ACRE ...................10
161.13 DISTRICT RMF-18, RESIDENTIAL MULTI -FAMILY - EIGHTEEN UNITS PER ACRE................11
161.14 DISTRICT RMF-24, RESIDENTIAL MULTI -FAMILY -TWENTY-FOUR UNITS PER ACRE .......12
161.15 DISTRICT RMF-40, RESIDENTIAL MULTI -FAMILY - FORTY UNITS PER ACRE ......................13
161.16 NEIGHBORHOOD SERVICES........................................................................................................14
161.17 DISTRICT R -O, RESIDENTIAL OFFICE.........................................................................................15
161.18 DISTRICT C-1, NEIGHBORHOOD COMMERCIAL........................................................................16
161.19 COMMUNITY SERVICES................................................................................................................17
161.20 DISTRICT C-2, THOROUGHFARE COMMERCIAL.......................................................................17
161.21 URBAN THOROUGHFARE............................................................................................................18
161.22 DISTRICT C-3, CENTRAL COMMERCIAL.....................................................................................19
161.23 DOWNTOWN CORE........................................................................................................................20
161.24 MAIN STREETICENTER.................................................................................................................20
161.25 DOWNTOWN GENERAL................................................................................................................21
161.26 NEIGHBORHOOD CONSERVATION.............................................................................................22
CD161:1 Planning Commission
July 13, 2015
Agenda Item 4
15-5093 UDC Single Family
Page 4 of 15
161.27 DISTRICT I-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL...............................................23
161.28 DISTRICT 1-2, GENERAL INDUSTRIAL.........................................................................................23
161.29
DISTRICT P-1, INSTITUTIONAL.....................................................................................................24
161.30
DISTRICT E-1, EXTRACTION.........................................................................................................24
161.31
RESERVED......................................................................................................................................25
1 A4 22
PLANNED ZONING DISTRICT.......................................................................................................25
161.33-161,99 RESERVED..........................................................................................................................26
Planning Commission
CD161:2 July 13, 2015
Agenda Item 4
15-5093 UDC Single Family
Page 5 of 15
TITLE XV UNIFIED DEVELOPMENT CODE
161.10 District RT-12, Residential Two
And Three Family
(A) Purpose. The RT-12 Residential District is
designed to permit and encourage the
development of detached and attached dwellings
in suitable environments, to provide a
development potential between low density and
medium density with less impact than medium
density development, to encourage the
development of areas with existing public
facilities and to encourage the development of a
greater variety of housing values.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 8
Single-familySIngle-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
Unit 44
Cottage Housing Development
(2) Conditional uses.
Unit 2
City-wide uses by conditional use
permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Units
Government facilities
Unit 12
Limited business
Unit 24
Home occuations
Unit 36
Wireless communications facilities
(C) Density.
Units peracre 12
(D) Bulk and area regulations.
Single-
Two-
Three-
family
family
family
___________
Lot width
5060t it
50 oft.
90 ft.
minimum
Lot area
5,000
7,260 sq.
10,890 sq.
minimum
6,000 sq.
ft.
ft.
ft.
Land area
Per
dwouiag
8,000 cg.
tE
3;630—og.
k:
330 sq ft
urlif
(E) Setback requirements.
Front
Side Other
Sidei7l
Uses
Single
Two
Family
A build -to
8 ft.
St
20 ft.
zone that is
located
between the
front
property line
and a line 25
feet from the
front
property line.
(F) Building height regulations.
Building height maximum I 30/45 ft.'
*A building or a portion of a building that is
located between 0 and 10 feet from the front
property line or any master street plan right-of-
way line shall have a maximum height of 30 feet.
Buildings or portions of the building set back
greater than 10 feet from the master street plan
right-of-way shall have a maximum height of 45
feet.
(G) Building area. The area occupied by all buildings
shall not exceed 50% of the total lot area.
(H) Minimum buildable street frontage. 50% of the
lot width.
(Code 1965, App. A.. Art. 5(IIA); Ord. No. 3128, 10-1-85;
Code 1991, §160.032; Ord. No. 4100, §2 (Ex. A), 6-16-98;
Ord. No. 4178. 8-31-99; Ord. 5028, 6.19.07; Ord. 5224, 3.3-
09; Ord. 5262, 8-4-09; Ord. 5312, 4.20-10; Ord. 5462. 12-6-
11; Ord. 5592, 06-18-13; Ord. 5664, 2-18-14)
Cross reference(s)—Variance, Ch. 156.
161.11 District RMF-6, Residential Multi -
Family — Six Units Per Acre
(A) Purpose. The RMF-6 Multi -family Residential
District is designed to permit and encourage the
development of multi -family residences at a low
density that is appropriate to the area and can
serve as a transition between higher densities
and single-family residential areas.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit B
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
Unit 26
Multi -family dwellings
Unit 44
Cottage HousinDevelopment
(2) Conditional uses.
CD161:9 Planning Commission
July 13, 2015
Agenda Item 4
15-5093 UDC Single Family
Page 6 of 15
Unit 2
C' -wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 11
Manufactured home park
Unit 12
Limited business
Unit 24
Home occupations
Unit 25
Professional offices
Unit 36
Wireless communications facilities
(C) Density
Units per acre j 6 or less
(D) Bulk and area regulations.
(1) Lot width minimum.
Manufactured home park
100 ft.
Lot within a manufactured home
park
50 ft.
Single-family
60-&.50 ft.
Two-family
6g -L 50 ft.
Three and more
90 ft.
Professional offices
100 ft.
(2) Lot area minimum.
Manufactured home park
3 acres
Lot within a Manufactured home
ark
4,200 sq. ft.
Townhouse:
•Dovolopmont
slndividual lot
iv,oqQcq. ft.
2,500 sq. ft.
Single-family
6,000 sq. ft.
Two-family
7,000 sq. ft.
Three or more
9.000 sq. ft.
Fraternity or Sorority
2 acres
Professional offices
1 acre
(3) Land area per dwelling unit.
(E) Setback requirements.
Front
Side Other
Side
Rear
Uses
Single &
Two
Family
A build -to
8ft.
5ft.
25-%20ft.
zone that is
located
between the
front
property line
and a line 25
feet from the
front
property line.
Cross reference(s)—Variances. Ch. 156.
(F) Building height regulations.
Building Height Maximum 30145 V
`A building or a portion of a building that is
located between 0 and 10 feet from the front
property line or any master street plan tight -of -
way line shall have a maximum height of 30 feet.
Buildings or portions of the building set back
greater than 10 feet from the master street plan
right-of-way shall have a maximum height of 45
feet.
Any building which exceeds the height of 20 feet
shall be set back from any side boundary line of
an adjacent single family district, an additional
distance of one foot for each foot of height in
excess of 20 feet.
(G) Building area. The area occupied by all buildings
shall not exceed 50% of the total lot area. Neae.
(H) Minimum buildable street frontage. 50% of the
lot width.
(Ord. No. 4325, 7-3-01; Ord. 5028, 6-19-07; Ord. 5224, 3.3-
09; Ord. 5262, 8-4-09; Ord. 5312, 4-20-10; Ord. 5462, 12-6-
11; Ord. 5592, 06-18-13; Ord. 5664, 2-18-14)
161.12 District RMF-12, Residential Multi -
Family — Twelve Units Per Acre
(A) Purpose. The RMF-12 Multi -family Residential
District is designed to permit and encourage the
development of multi -family residences at a
moderate density that is appropriate to the area.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit8
Single-familydwellings
Unit 9
Two-famfly dwellings
Unit 10
Three-family dwellings
Unit 26
Multi -family dwellings
Unit 44
Cottage HousinDevelopment
(2) Conditional uses.
Unit 2 I City-wide uses by conditional use
CD161:10 Planning Commission
July 13, 2015
Agenda Item 4
15-5093 UDC Single Family
Page 7 of 15
TITLE XV UNIFIED DEVELOPMENT CODE
permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Units
Government facilities
Unit 11
Manufactured home park
Unit 12
Limited business
Unit 24
Home occupations
Unit 25
Professional offices
Unit 36
Wireless communications facilities
(C) Density.
Units per acre 12 or less
(D) Bulk and area regulations.
(1) Lot width minimum.
Manufactured home park
100 ft. -..
Lot within a manufactured home
park
50 ft.
Single family
604E 45 ft.
Two-family
69 -ft 45 ft.
Three and more
9946 80 ft.
Professional offices
100 ft.
(2) Lot area minimum.
Manufactured home park
3 acres
Lot within a
manufactured home park
4,200 sq. ft.
Townhouse;
Oovelepment
Individual lot
10,O sq. ft
2,500 sq. ft.
Single-familySIngle-family
6,000-s . ft. 4,500 sq. ft.
Two-family
. ft. 6,000 sq. ft.
Three or more
9,000 sq. ft.
Fraternity or Sororit
2acres
Professional offices
1 acre
(3) Land area per dwelling unit.
Manufactured home 3,000 sq. ft.
Ne-bedreems 1,790 sq. 4.
Onobedroom 4,700 sq-f .
Two or mote bedrooms 2,000 sq. ft.
Fraternity or Sorority 1,000 eq. ft. par resident
(E) Setback requirements.
Front
Side Other
Side
Rear
Uses
Single &
Two
Family
A build -to
8 ft.
5f1.
254
zone that is
20 ft.
located
between the
front property
line and a
line 25 feet
from the front
property line.
Cross reference(s)--Variances, Ch. 156
(F) Building height regulations.
I Building Height Maximum I 30/45 ft. -
'A building or a portion of a building that is
located between 0 and 10 feet from the front
property line or any master street plan right-of-
way line shall have a maximum height of 30 feet.
Buildings or portions of the building set back
greater than 10 feet from the master street plan
right-of-way shall have a maximum height of 45
feet.
Any building which exceeds the height of 20 feet
shall be set back from any side boundary line of
en adjacent single family district, an additional
distance of one foot for each foot of height in
excess of 20 feet.
(G) Building area. The area occupied by all buildings
shall not exceed 50% of the total lot area. None:
(H) Minimum buildable street frontage. 50% of the
lot width.
(Ord. No. 4325, 7-3-01; Ord. 5028, 6-19-07: Ord. 5224, 3-3-
09; Ord. 5262, 8-4-09; Ord. 5312, 4-20-10; Ord. 5462, 12-6-
11; Ord. 5592, 6-18-13; Ord. 5664, 2-18-14)
161.13 District RMF-18, Residential Multi -
Family — Eighteen Units Per Acre
(A) Purpose. The RMF-18 Multi -family Residential
District is designed to permit and encourage the
development of multi -family residences at a
medium density that is appropriate to the area.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
Unit 26
Multi -family dwellings
Unit 44
Cottage Housing Development
(2) Conditional uses.
Unit 2 I City-wide uses by conditional use
CD161:11 Planning Commission
July 13, 2015
Agenda Item 4
15-5093 UDC Single Family
Page 8 of 15
permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Units
Government facilities
Unit 11
Manufactured home park
Unit 12
Limited business
Unit 24
Home occupations
Unit 25
Professional offices
Unit 36
Wireless communications facilities
(C) Density.
Units er acre 18 or less
(D) Bulk and area regulations.
i11 Lot width minimum
Manufactured home park
100 ft.
Lot within a manufactured home
park
50 ft.
Single-family
60-R* 40 ft.
Two-family
604- 40 ft.
Three and more
904E 75 ft.
Professional offices
100 ft.
(2) Lot area minimum.
Manufactured home park
3 acres
Lot within a manufactured home
4,200 sq. ft.
ark
Townhouse:
Development
10,000 s -L
Individual lot
2,500 sq. ft.
Single-family
6,000 —sq. ft.
4,000 sq. ft.
_
Two-family
7,009 eq. IF
L000 SQL
Three or more
&999 sq
7,500 sq. ft.
Fraternity or Sorority
2 acres
Professional offices
1 acre
(3) Land area per dwelling unit.
Manufactured Home 3,000 sq. ft.
Ap&tNo-bedrsems 4,700 sq-f .
One-bodfoom 1,700 sqft
Two mere bodcoon 2,000 eq. ft.
Fraternity & serotlty 1.000 o. ft. per moMent
(E) Setback requirements.
Front
Side Other
Uses
A build -to
8 fL
Side Rear
Single &
Two
Family
6 -ft: 25 ft.
zone that is
5 ft.
located
between the
front
property line
and a line 25
feet from the
front
property line.
Cross reference(s) --Variances, Ch. 156.
(F) Building height regulations.
Building Height Maximum I 30/45 ft •*
A building or a portion of a building that is
located between 0 and 10 feet from the front
property line or any master street plan right-of-
way line shall have a maximum height of 30 feet.
Buildings or portions of the building set back
greater than 10 feet from the master street plan
right-of-way shall have a maximum height of 45
feet.
Any building which exceeds the height of 20 feet
shall be set back from any side boundary line of
an adjacent single family district, an additional
distance of one foot for each foot of height in
excess of 20 feet.
(G) Building area. The area occupied by all buildings
shall not exceed 50% of the total lot area. None.
(H) Minimum buildable street frontage. 50% of the
lot width.
(Ord. No. 4325, 7-3-01; Ord. 5028, 6-19-07; Ord. 5224, 3-3-
09; Ord. 5262, 8-4-09; Ord. 5312. 4-20.10; Ord. 5462, 12-6-
11; Ord. 5592.8-18-13; Ord. 5664, 2-18-14)
161.14 District RMF-24, Residential Multi -
Family — Twenty -Four Units Per Acre
(A) Purpose. The RMF-24 Multi -family Residential
District is designed to permit and encourage the
developing of a variety of dwelling types in
suitable environments in a variety of densities.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
Unit 26
Multi -family dwellings
Unit 44
Cottage Housing Development
(2) Conditional uses.
CD161:12 Planning Commission
July 13, 2015
Agenda Item 4
15-5093 UDC Single Family
Page 9 of 15
TITLE XV UNIFIED DEVELOPMENT CODE
Unit
City-wide uses by conditional use
permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 11
Manufactured home park
Unit 12
Limited business
Unit 25
Professional offices
Unit 24
Home occupations
Unit 36
Wireless communications facilities
(C) Density.
Units per acre I 24 or less
(D) Bulk and area regulations.
(1) Lot width minimum.
Manufactured home park
100 ft.
Lot within a
Manufactured home park
50 ft.
Single-family
69-8.35 ft.
Two-family
60-8, 40 ft.
Three or more
00 -ft: 70 ft.
Professional offices
100 ft.
(2) Lot area minimum.
Manufactured home park
3 acres
Lot within a mobile home
park
4,200 sq. ft.
Townhouses:
Development
Individual lot
10;900-sq- ft.
2,500 sq. ft. 2.000 s . ft.
Single-family
6r000s <•# 3,000 sq. ft.
Two-family
7,000 sq. ft. 4.000 sq. It.
Three or more
8000 en. ft.7,000 sq. ft.
Fraternity or Sorority
2 acres
Professional offices
1 acre
(3) Land area per dwelling unit
Manufactured home 3,000 sq. ft.
Apfl
No bedroom 4,780 sq. ft.
One bo&oom 4,780 sq, ft.
Two bedroom
FatemstvotSatOcit 1,000 tuft. prrnctd�At
(E) Setback requirements.
Front
Side Other
Side
Rear
Uses
Single &
Two
Family
A build -to
8 ft.
5 ft.
20 25 ft.
zone that is
located
between the
front
property line
and a line
25 feet from
the front
property
line.
Cross reference(s)—Variance, Ch. 156.
(F) Building height regulations.
Building Height Maximum I 30/45/608.'
A building or a portion of a building that is
located between 0 and 10 feet from the front
property line or any master street plan right-of-
way line shall have a maximum height of 30 feet,
between 10-20 feet from the master street plan
right-of-way a maximum height of 45 feet and
buildings or portions of the building set back
greater than 20 feet from the master street plan
right-of-way shall have a maximum height of 60
feet.
Any building which exceeds the height of 20 feet
shall be set back from any side boundary line of
an adjacent single family district, an additional
distance of one foot for each foot of height in
excess of 20 feet.
(G) Building area. The area occupied by all buildings
shall not exceed 50% of the total lot area. None,
(H) Minimum buildable street frontage. 50% of the
lot width.
(Code 1965, App. A., Art. 5(111); Ord. No. 2320. 4-6-77; Ord.
No. 2700, 2-2-81; Code 1991, §160.033; Ord, No. 4100, §2
(Ex. A), 6-16-98; Ord. No. 4178, 831-99; Ord. 5028, 6-19-
07; Ord. 5079, 11-20-07; Ord. 5224, 3-3-09; Ord. 5262, 8-4-
09: Ord. 5312, 4-20-10; Ord. 5462, 12-6-11; Ord. 5495, 4-
17-12; Ord. 5592, 6-18-13; Ord. 5684, 2-18-14)
161.15 District RMF-40, Residential Multi -
Family — Forty Units Per Acre
(A) Purpose. The RMF-40 Multi -family Residential
District is designated to protect existing high
density multi -family development and to
encourage additional development of this type
where it is desirable.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
1 Unit 8
Single-family dwellings
CD161:13 Planning Commission
July 13, 2015
Agenda Item 4
15-5093 UDC Single Family
Page 10 of 15
R
Two-family dwellingsThree-familly dwellingsMulti-famil dwellin s
Cottage I-lousinDevelopment
(2) Conditional uses.
Unit 2
City-wide uses by CUP
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 11
Manufactured home park
Unit 12
Limited business
Unit 24
Home occupation
Unit 25
Professional offices
Unit 36
Wireless communications facilities
(C) Density
Units peracre 140 or less
(D) Bulk and area regulations.
(1) Lot width minimum.
Manufactured home ia�
100 ft.
Lot within a manufactured home park
50 ft.
Single-family
6Q -ft, 30 ft.
Two-family
60 -ft: 30 ft.
Three or more
go -ft, 70 ft
Professional offices
100 ft.
(2) Lot area minimum.
Manufactured home park
3 acres
Lot within a
manufactured home park
4,200 sq. ft.
_,
Townhouses:
DovSopttient
Individual lot
10000 sq.
2,500 sq. ft. 2,000 sq. ft.
Single-family
. 2,500 sq. ft.
Two-family
d . . 3,000eq.ft.
Three or more
7,000 sq. ft.
Fraternity or Sorority
1 acre
(3) Land area per dwelling unit.
Manufactured home park
3,000 sq. ft.
Ale bedroom
One bockoem
Two ormorabedroorne
4,000 sq. ft
1,900 sq. ft.
1.200 sq. ft.
Fraternity or Sorority
500 sq. ft. per
resident
(E) Setback requirements.
Front
Side Other
Side
Rear
Uses
Single &
Two
family
A build -to
8 ft.
St
20 ft.
zone that Is
located
between the
front
property line
and a line 25
feet from the
front
property line.
Cross reference(s)—Variance, Ch. 156.
(F) Building height regulations.
Building Height Maximum I 30/45/60 ft.*
*A building or a portion of a building that is
located between 0 and 10 feet from the front
property line or any master street plan right-of-
way line shall have a maximum height of 30 feet,
between 10-20 feet from the master street plan
right-of-way a maximum height of 45 feet and
buildings or portions of the building set back
greater than 20 feet from the master street plan
right-of-way shall have a maximum height of 60
feet.
Any building which exceeds the height of 20 feet
shall be set back from any side boundary line of
an adjacent single family district, an additional
distance of one foot for each foot of height in
excess of 20 feet.
(G) Building area. The area occupied by all buildings
shall not exceed 50% of the total lot area. Nene
(H) Minimum buildable street frontage. 50% of the
lot width.
(Code 1965, App. A., Art. 5(IV); Ord. No. 2320, 4-5-77; Ord.
No. 2700, 2-2-81: Ord. No. 1747, 6-29-70; Code 1991,
§160.034; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No.
4178, 8-31-99; Ord. 5028, 6-19-07: Ord. 5224, 3-3-09; Ord.
5262, 8-4-09; Ord. 5312, 4-20-10; Ord. 5462, 12-6-11: Ord.
5592, 6-18-13; Ord. 5664, 2-18-14)
Planning Commission
CD161:14
July 13, 2015
Agenda Item 4
15-5093 UDC Single Family
Page 11 of 15
TITLE XV UNIFIED DEVELOPMENT CODE
CHAPTER 164: SUPPLEMENTARY ZONING REGULATIONS
164.01 ACCESSORY COMMERCIAL USES................................................................................................3
164.02 ACCESSORY STRUCTURES AND USES.......................................................................................3
164.03 ACCESSORY RESIDENTIAL USES IN NONRESIDENTIAL DISTRICTS.......................................3
164.04 URBAN AGRICULTURE (FOWL, BEES & GOATS)........................................................................4
164.05 MOTOR VEHICLE REPAIR...............................................................................................................6
164.06 MINIMUM BUILDABLE STREET FRONTAGE.................................................................................6
164.07 ERECTION OF MORE THAN ONE PRINCIPAL STRUCTURE ON A LOT OF RECORD ..............10
164.08 EXTRACTION....................................................................................................................................10
164.09 FENCES, WALLS, AND VEGETATION............................................................................................10
164.10 GARAGE ANDIOR AGRICULTURAL & PRODUCE SALES...........................................................11
164.11 HEIGHT OR SETBACK REGULATIONS; EXCEPTIONS AND HOME PROTECTION
REQUIREMENTS...............................................................................................................................11
164.12 NONCONFORMING STRUCTURES, USES AND LOTS..................................................................12
164.13 NON RESIDENTIAL USES IN RSF DISTRICTS...............................................................................14
164.14 PARKING AND STORAGE OF CERTAIN VEHICLES.....................................................................14
164.15 PREFABRICATED CONSTRUCTION
14
164.16 STRUCTURES TO HAVE ACCESS..................................................................................................15
164.17 VISIBILITY AT INTERSECTIONS IN RESIDENTIALINONRESIDENTIAL DISTRICTS ..................15
164.18 SUPPLEMENTARY USE REGULATIONS........................................................................................15
164.19 ACCESSORY DWELLING UNITS (ADU)
164.20 APPROVAL OF VITAL MUNICIPAL FACILITIES
WCE
164.21 LIMITED BUSINESS..........................................................................................................................19
164.22 COTTAGE HOUSING DEVELOPMENT............................................................................................19
164.23 SINGLE-FAMILY INFILL STANDARDS............................................................................................23
164.23164.24-164.99 RESERVED.................................................................................................................23
CD164:1 Planning Commission
July 13, 2015
Agenda Item 4
15-5093 UDC Single Family
Page 12 of 15
TITLE XV UNIFIED DEVELOPMENT CODE
164.23 Single-family infill standards
(A) Purpose. The purpose of the standards is to
maintain visibility and security of the primary
residence to and from the streetscape, provide
pedestrian safety, and reduce opportunities for
criminal activities.
(B) Applicability. The following standards apply to
new detached single-family homes on lots with
less than 70 feet of street frontage.
(1) Lots with between 45 feet and 70 feet of
street frontage.
(a) Each home shall have a clearly defined
front door and windows on the ground
floor facade facing the street. This Is
only required on one side of the home
where there is more than one street
frontage.
(b) Garage openings that are on the same
side of the home as the front door shall
be recessed at least 5 feet behind the
principal facade.
(c) A garage does not have to be recessed
behind the principal facade if the
garage opening Is located on a different
side of the home than the front door.
(2) Lots with less than 45 feet of street frontage.
(a) Each home shall have a clearly defined
front door and windows on the ground
floor facade facing the street. This Is
only required on one side of the home
where there is more than one street
frontage.
(b) Garage openings that are on the same
side of the home as the front door shall
be recessed at least 5 feet behind the
principal facade. Where a garage
cannot be located at least 5 feet behind
the principal facade, due to unique site
characteristics, at least two of the
following standards shall be
implemented.
(1) The garage opening shall be less
than 50 percent of the principal
facade length.
(ii) The front door shall be even with or
extend forward of the garage
opening.
(iii) For multi -story homes, the principal
facade, a balcony, deck, or similar
feature shall project at least 12
inches beyond the garage opening.
The upper floor(s) shall also have
windows facing the street.
164.23164.24-164.99 Reserved
CD104:23 Planning Commission
July 13, 2015
Agenda Item 4
15-5093 UDC Single Family
Page 13 of 15
TITLE XV UNIFIED DEVELOPMENT CODE
CHAPTER 172: PARKING AND LOADING
172.01 PURPOSE..........................................................................................................................................
172.02 PARKING LOT CONSTRUCTION STANDARDS.............................................................................3
172.03 ACCESSIBILITY................................................................................................................................3
172.04 PARKING LOT DESIGN STANDARDS............................................................................................4
172.05 STANDARDS FOR THE NUMBER OF SPACES BY USE...............................................................7
172.06 PARKING LOT LOCATION STANDARDS.......................................................................................11
172.07 RESERVED........................................................................................................................................11
172.08 NONCONFORMING PARKING LOTS..............................................................................................11
172.09 OFF-STREET LOADING...................................................................................................................11
172.10 BICYCLE PARKING RACK REQUIREMENTS.................................................................................11
172.11 DRIVEWAY AND PARKING STANDARDS FOR FOUR (4) OR
LESS PARKING SPACES ..........13
172.12-172.99 RESERVED.............................................................................................................................15
Planning Commission
CD172:1
July 13, 2015
Agenda Item 4
15-5093 UDC Single Family
Page 14 of 15
Fayetteville Code of Ordinances
motorized recreational vehicle, boat or trailer
shall be prohibited within the street right-of-way,
which includes any sidewalk, greenspace or
other area from the edge of the paved street
through the width of the dedicated street right-of-
way. On -street parking within properly designated
areas of the street right-of-way may be permitted,
in accordance with current traffic regulations.
(G) Driveway Standards.
(1) Driveway Approach to Property Line. The
driveway approach shall extend to the
property line and/or master street plan right-
of-way from the paved street and shall be
designed, permitted, and paved with
concrete in accordance with §171.13
Sidewalk and Driveway Specifications.
and/or soil from being blown or washed
away. If an unpaved driveway is not
maintained and is identified as a violation of
this provision, such driveway shall be
immediately remedied by the property
owner.
(I) Driveway Grading and Drainage. The driveway
shall be graded in such a way to dispose of
surface water into appropriate structures.
(J) Maximum Driveway Width. Driveway width shall
be limited to:
Lot Width Maximum Driveway Width
70 feet or more 24 feet
50 feet to 69 feet 20 feet
(2)
Driveways Beyond the Property Line.
Driveways shall be paved from the property
Less than 50 feet 18 feet
line and/or master street plan right-of-way
with asphalt, concrete, brick or stone pavers,
or other solid surface and shall extend 18
(K) Loop, Circle, and Multiple Driveways. Loop,
feet (length) into the property unlace no
circle and multiple driveways on a single property
paking Ispro-sided between the prepeily line
shall be allowed so long as a 30 foot separation
and stwsture... To prevent vehicles from
between the drives is maintained, as measured
parking over the public sidewalk, garages
from the interior edges of the curb cuts, subject to
and carports shall be positioned to
other restrictions for driveway separations in the
accommodate the minimum driveway length
UDC.
as measured from the sidewalk or Master
Street Plan right-of-way line.
(L) "Pay -to -park" operations. Pay -to -park operations
are prohibited within single family districts and
(3)
Driveways Beyond 18 Feet into the Property,
properties within all zoning districts that are
"Pay
Driveways beyond 18 feet into the property
utilized for a single family detached home. -
may be paved or unpaved and shall be
to -park" operations are defined as those which
clearly defined by landscaping or edging.
advertise and/or sell or lease permits to park or
otherwise allow parking for free or for payment on
(4)
Unpaved Streets. These requirements are
a property on which the owner and/or operator of
the vehicle does not reside.
waived where the street to which the
driveway connects is not paved.
(M) Exemptions. The following exemptions to this
(H) Driveway and Parking Area Maintenance
ordinance section shall be permitted:
Requirements.
(1) University of Arkansas Events. An unlimited
(1)
Paved. Driveways and parking areas that are
number of motor vehicles shall be allowed to
paved shall be maintained to prevent erosion
park on private property for a period of 12
onto adjacent properties and to prevent dirt,
hours before and 12 hours after a University
rock and other materials from entering the
of Arkansas event for persons attending said
street
event on days when events are occurring at
Bud Walton Arena or Donald W. Reynolds
(2)
Unpaved. Driveways and parking areas that
Stadium on the University Arkansas
are not paved shall be maintained to prevent
Campus.
erosion onto adjacent properties and to
prevent dirt, rock and other materials from
p Construction Vehicles. Parking of motor
( )
entering the street. Driveways and parking
areas shall be constructed and maintained
vehicles for new construction and additions
with adequate gravel, grasses, or other
shall be allowed on private properties and
within the greenspace between the street
plants and/or landscaping materials to keep
and sidewalk during the duration of the
the area from becoming rutted, muddy
project, as long as the building permit
CD172:14
Planning Commission
July 13, 2015
Agenda Item 4
15-5093 UDC Single Family
Page 15 of 15
P.O. BOX 1607, EAYETTEV!LLE, AR, 72702 • 479-442-1700 • FAX, 479-69S-1118 • WW W,NWADC.COM
AFFIDAVIT OF PUBLICATION
I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the
Northwest Arkansas Democrat Gazette, printed and published in
Washington and Benton County, Arkansas, and of bona fide circulation,
that from my own personal knowledge and reference to the files
of said publication, the advertisement of:
CITY OF FAYETTEVILLE
Ord. 5800
Was inserted in the Northwest Arkansas Democrat
Gazette on:
October 15, 2015
Publication Charges: $ 181.58
Cathy Wiles
Subscribed and sworn to before me
This 2.1 day of Oct , 2015.
Asvwa Th Gw-
Notary Public
My Commission Expires?(ZIZ.f
**NOTE**
Please do not pay from Affidavit. Invoice will be sent.
ASHLEY DAVIS
Arkansas - Washington County
Notary Public - Comm# 12694247
My Commission ExPires Jul 2, 2025
RECEIVED
OCT 28iO15
CCITYCCLERK CF Y