HomeMy WebLinkAboutOrdinance 5339 ORDINANCE NO. 5339
AN ORDINANCE AMENDING TITLE XV: UNIFIED DEVELOPMENT
CODE OF THE CITY OF FAYETTEVILLE, CHAPTERS 151:
DEFINITIONS, 161: ZONING REGULATIONS, 162: USE UNITS, AND
164: SUPPLEMENTARY DISTRICT REGULATIONS FOR DRIVE-IN
RESTAURANTS AND FACILITIES.
WHEREAS, the City of Fayetteville Unified Development Code was adopted to
further the health, safety and general welfare of the community, and to promote an orderly
and appropriate mix of land uses; and
WHEREAS, the City of Fayetteville recognizes that the Unified Development Code
should be revised to provide clear and accurate information that is easily understood by the
general public.
NOW, THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE,ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby amends
§151.01 of the Unified Development Code to repeal and replace the definition title of"Drive-
in restaurant or refreshment stand" with the following:
"Drive-in/drive-through restaurant"
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends
§161.18(B)(1) through 161.21(B)(1), 161.24(B)(2), 161.27(B)(1), and 161.28(B)(1) of the
Unified Development Code by renaming Unit 18 as follows:
"Unit 18: Gasoline service stations and drive-in/drive through restaurants"
Section 3.That the City Council of the City of Fayetteville, Arkansas hereby amends
§162.01 Establishment/Listing and §162.01(R)of the Unified Development Code by
renaming Unit 18, as follows:
"Unit 18: Gasoline service stations and drive-irddrive through restaurants"
Page 2
Ordinance No. 5339
Section 4. That the City Council of the City of Fayetteville,Arkansas hereby amends
§162.01(R)(2) by renaming the included use of"Drive-in restaurant'to "Drive-in/drive
through restaurant'.
Section 5. That the City Council of the City of Fayetteville,Arkansas hereby repeals
§164.18(C) and renumbers the remaining subsections.
PASSED and APPROVED this the 3rd day of August, 2010.
APPROVED: ATTEST:
4JO ,By: =�� By: X6(QLtl�Mayor SONDRA E. SMITH, City Clerk/Treasurer
"RY.ITR
c ;FAYETTEVILLE°
;�gs.9RkANSP� 2`ry'
J -
ss�i��NG TON6,�O mebe�
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
8/3/2010
City Council Meeting Date
Agenda Items Only
Data Sanders Planning Development Services
Submitted By Division Department
Action Required:
ADM 10-3619: Administrative Item: (UDC AMENDMENTS CHAPTERS 151, 161, 162, AND 164): Submitted by CITY
PLANNING STAFF. The proposal is to amend references of"Drive-In Facilities'to"Drive-Through Facilities'for
consistency in the Unified Development Code.
Cost of this request Category!Project Budget Program Category/Project Name
Account Number Funds Used to Date Program/Project Category Name
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
�ti�j Q},�V,7etp Previous Ordinance or Resolution#
Depa rector Date
/[ Original Contract Date:
Original Contract Number:
Attorne(yJ (� Date
Financ no Internal Services Director Date Received in City
Clerk's Office 07-16-10A11 :02 RCVD
Chief of Date
Received in
ADO
D Mayor's Offce
f
Ma r D e
Comments:
Revised January 15, 2009
Ta7yarLI le THE CITY OF FAYETTEVILLE,ARKANSAS
DEPARTMENT CORRESPONDENCE
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan,City Council
Thru: Don Marr,Chief of Staff
From: Dara Sanders, Current Planner
Date: July 14,2010
Subject: ADM 10-3619 (UDC Amendments Chapters 151, 161, 162, 164)
RECOMMENDATION
Staff and Planning Commission recommend approval of an ordinance amending Chapters 151, 161, 162, and 164 of
the Unified Development Code(ADM 10-3619).
BACKGROUND
UDC Chapters 151 (Definitions), 161 (Zoning), and 162 (Use Units) refer to "Drive-in restaurants" for zoning
and use purposes; Chapter 164 (Supplementary District Regulations) refers to "Drive-in facilities" for
separation requirements; and Chapter 172 (Parking) refers to "drive-through facilities" for parking lot design
regulation. These Chapters are intended work together in the Unified Development Code, but they do not use a
consistent or accurate.title for the uses they regulate, which creates confusion and unnecessary complication.
Staff proposes to amend all sections in Chapter 151, 161, 162, and 164 that reference "Drive-in restaurants" to
"Drive-in/drive-through restaurants" and to eliminate unnecessary regulation for consistency and clarity in the
Unified Development Code.
DISCUSSION
On July 12, 2010 the Planning Commission unanimously forwarded this request to the City Council with a
recommendation for approval.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE XV: UNIFIED
DEVELOPMENT CODE OF THE CITY OF
FAYETTEVILLE, CHAPTERS 151: DEFINITIONS, 161:
ZONING REGULATIONS, 162: USE UNITS, AND 164:
SUPPLEMENTARY DISTRICT REGULATIONS FOR
DRIVE-IN RESTAURANTS AND FACILITIES.
WHEREAS, the City of Fayetteville Unified Development Code was adopted to
further the health, safety and general welfare of the community, and to promote an
orderly and appropriate mix of land uses; and
WHEREAS, the City of Fayetteville recognizes that the Unified Development
Code should be revised to provide clear and accurate information that is easily
understood by the general public.
NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1.That the City Council of the City of Fayetteville,Arkansas hereby
amends §151.01 of the Unified Development Code to repeal and replace the definition
title of Drive-in restaurant or refreshment stand with the following:
"Drive-inldrive-through restaurant"
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby
amends §16L18(B)(1)through 161.21(B)(1), 161.24(B)(2), 161.27(B)(1), and
161.28(B)(1) of the Unified Development Code by renaming Unit 18 as follows:
"Unit 18: Gasoline service stations and drive-inldrive through restaurants"
Section 3.That the City Council of the City of Fayetteville, Arkansas hereby
amends §162.01 Establishment/Listing and §162.01(8)of the Unified Development Code
by renaming Unit 18, as follows:
"Unit 18: Gasoline service stations and drive-inldrive through restaurants"
Section 4. That the City Council of the City of Fayetteville,Arkansas hereby
amends §162.01(R)(2)by renaming the included use of"Drive-in restaurant"to "Drive-
in/drive through restaurant".
Section 5. That the City Council of the City of Fayetteville, Arkansas hereby
repeals §164.18(C) and renumbers the remaining subsections.
PASSED and APPROVED this the day of , 2010.
APPROVED:
By:
LIONELD JORDAN,Mayor
ATTEST:
By:
SONDRA SMITH, City Clerk
Tayel evl le PC Meeting of July 12, 2010
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267
TO: Fayetteville Planning Commission
FROM: Dara Sanders, Current Planner
THRU: Jeremy Pate, Development Services Director
DATE: T••tro Updated July 15, 2010
ADM 10-3619: Administrative Item: (UDC AMENDMENTS CHAPTERS 151, 161, 162,
AND 164): Submitted by CITY PLANNING STAFF. The proposal is to amend references of
"Drive-In Facilities" to "Drive-Through Facilities" for consistency in the Unified Development
Code. Planner: Dara Sanders
BACKGROUND
UDC Chapters 151 (Definitions), 161 (Zoning), and 162 (Use Units) refer to "Drive-in
restaurants" for zoning and use purposes; Chapter 164 (Supplementary District Regulations)
refers to "Drive-in facilities" for separation requirements; and Chapter 172 (Parking) refers to
"drive-through facilities" for parking lot design regulation. These Chapters are intended work
together in the Unified Development Code, but they do not use a consistent or accurate title for
the uses they regulate, which creates confusion and unnecessary complication.
PROPOSAL
Staff proposes to amend all sections in Chapter 151, 161, 162, and 164 that reference "Drive-in
restaurants" to "Drive-in/drive-through restaurants" and to eliminate unnecessary regulation for
consistency and clarity in the Unified Development Code. These changes are summarized below
and attached in full to this staff report:
UDC Chapter Proposed Changes
(1) Ch.151 Definitions Add "drive-through" to the definition for Drive-in restaurant
for consistency throughout the code. Strike"refreshment
stand", as it conflicts with the regulations in Chapter 178:
Outdoor Vendors.
(2) Ch. 161 Zoning Revise Unit 18 to"Gasoline service stations and drive-
in/drive-through restaurants" in the C-1, CS, C-2, UT, C-3,
MSC, 1-1, and 1-2 zoning districts for consistency
throughout the code.
(3) Ch. 162 Use Units Revise the included uses in Use Unit 18 to"Drive-in/drive-
through restaurant'for consistency throughout the code.
(4) Ch. 164 Supplementary Strike 164.18(C), as staff finds that the required curb cut
District Regulations separation does not provide a beneficial purpose and is
address under UDC Section 166.09 Access Managment.
The ordinance amendments are highlighted and attached to the staff report.
RECOMMENDATION
Staff recommends forwarding ADM 10-3619 to the City Council with a recommendation for
approval.
Planning Commission Action: x Forwarded ❑ Denied ❑ Tabled
Motion: Chesser
Second: Kennedy
Vote: 8-0-0
Meeting Date: July 12, 2010
Comments:
Chapter 151: Definitions
Fayetteville Code of Ordinances
opened or expanded,4-20-72)A manufactured home Development site. (Physical Alteration of Land)
which does not have a flush toilet and bath or shower. That portion of any lot or parcel subjected to grading,
removal of vegetation, or construction such as, but
Detention. (Stormwater Management, Drainage not limited to, buildings, parking lots, streets and
and Erosion Control) The collection and temporary sidewalks.
storage of stormwater with subsequent gradual
release of the stormwater. Diameter breast height (DBH). (Tree
Preservation and Protection) The diameter of a tree
Develop. (Physical Alteration of Land) measured at a point four and one-half feet above the
Permanently altering land by subjecting it to grading, ground. If a tree splits into multi-trunks,the trunk is
removal of vegetation,or construction such as but not measured at its narrowest point below the split.
limited to buildings, parking lots, streets, and
sidewalks. - Directional sign. (Signs) A sign of a
noncommercial nature which directs the reader to the
Developer. (Stormwater Management,Drainage location of public or educational institutions,or to the
and Erosion Control) Any person(s), parties, location of historical structures or areas, or the
partnerships, or corporations, private or public, location of public parks or buildings.
engaging in activities described as development.
Display surface area. (Signs)The net geometric
Developer. (Development) A person, firm or area enclosed by the display surface of the sign
corporation undertaking to develop a subdivision or including the outer extremities of all letters,characters
large scale development as set forth in the and delineations;provided,however,"display surface
development regulations. area"shall not include the structural supports for free
standing signs;providedfurther,that only one face of
Development. (Stormwater Management, a double-faced sign shall be considered in
Drainage and Erosion Control)To make a site or area determining the display surface area.
available for use by physical alteration. Development
includes, but is not limited to, providing access to a District or zoning district. (Signs) A section or
site, clearing vegetation; grading; earth moving; sections of the incorporated area of the city for which
providing utilities and other services such as parking the then effective zoning ordinance governing the use
facilities;stormwater management and erosion control of buildings and land are uniform for each class of use
systems; and sewage disposal systems; altering permitted therein. References to individual zoning
landforms;or construction of a structure on the land. districts contained herein shall refer to the zoning
Development shall also mean any of the following: district established by the City Council in Chapter 160.
(A) Construction, installation,. alteration, Disturb. (Physical Alteration of Land) To alter
demolition, or removal of a structure, the natural state.
impervious surface, or stormwater
management system,or Domed roof. (DDOD) A vaulted roof having a
circular, polygonal,or elliptical base and a generally
(B) Clearing, scraping, grubbing, or otherwise hemispherical or semispherical shape.
removing or killing the vegetation of a site;or
Dormitory. (Zoning) A building or group of
(C) Adding, removing, exposing, excavating, buildings designed or altered for the purpose of-
leveling, grading, digging, dumping, or accommodating students or members of religious
otherwise disturbing the soil or rock of a site orders with sleeping quarters, with or without
in a manner contrary to the requirements of communal kitchen facilities, and administered by
the stormwater management, drainage and educational or religious institutions.
erosion control regulations.
Drainage area. (Stormwater Management,
Development. (Streets and Sidewalks) Shall Drainage and Erosion Control) The watershed area
include,but shall not be limited to,the construction of contributing surface and stormwater runoff to a
a new improvement,the construction of an addition to stormwater management system.
an existing improvement,or a parceling which results
in the need for access and utilities. Dripline. (Tree Preservation and Protection)An
imaginary vertical line that extends downward from
Development plan. (Development) A drawing the outermost tips of the tree branches to the ground.
showing all proposed improvements to a piece of
property such as streets, parking lots, buildings, Drive-in or drive-through restaurant ac
drives,signs,utilities,drainage,grading and planting faftehmeoif gem (Zoning)Any place or premises
by size and location. used for sale, dispensing, or serving of food,
refreshments,or beverages in automobiles,including
CD151:8
TITLE XV UNIFIED DEVELOPMENT CODE
those establishments where customers may serve Enforcement officer. (Manufactured Homes and
themselves and may eat or drink the food, Parks) (Manufactured Homes and Parks opened or
refreshments or beverages on the premises. expanded,4-20-72)The chief building inspector of the
city,or his/her duly authorized representative.
Dwelling,live/work. A dwelling unit within which
an at-home business is encouraged. Businesses are Engineer. (Stormwater Management, Drainage
limited to a maximum of two employees that do not and Erosion Control) A professional engineer
dwell in the principal or accessory dwelling unit. registered in Arkansas, or other person exempted
pursuant to the provisions of the Arkansas Code
Dwelling, manufactured home. (Zoning) A Annotated,who is competent in the fields of hydrology
detached residential dwelling unit designated for and stormwater management.
transportation on streets or highways on its own
wheels or on flatbed or other trailers, and arriving at Erect. (Signs)To build, construct, attach,hang,
the site where it is to be occupied as a dwelling place, suspend, or affix, and shall also include the
complete and ready for occupancy except for minor painting of wall signs.
and incidental unpacking and assembly operations,
location on jacks or other temporary or permanent Erosion. (Stormwater Management, Drainage
foundation, connection to utilities, and the like. A and Erosion Control) The removal of soil particles by
travel trailer is not to be considered as a the action of water, wind, ice or other geological
manufactured home. agents.
Dwelling, multi-family. (Zoning) A residential Evergreen. (Physical Alteration of Land)A plant
building designed for or occupied by three or more that retains leaves or needles year-round.
families,with the number of families in residence not
exceeding the number of dwelling units provided. Excavation. (Physical Alteration of Land) The
mechanical removal of earth material from water or
Dwelling, single-family attached / townhouse. land.
(Zoning) Two or more dwelling units located on
individual lots but joined along a single lot line. All F
such dwellings must be totally separated from other
dwellings by a fire-resistant common wall. FAA. (Airport Zone) The Federal Aviation
Administration.
Dwelling, single-family. (Zoning) A detached
residential dwelling unit other than a manufactured Facilities emitting odors. (Zoning regulations)
home,designed for and occupied by one family only. Any function that involves a process which emits or
Dwelling, two-family/duplex. (Zoning) A detached has the potential for emitting odor.
residential building containing two dwelling units, Facilities handling explosives. (Zoning) Any
designed for occupancy by not more than two families function that involves a process dealing with a product
and located on one lot of record. with explosive potential.
Dwelling unit. (Zoning) One room, or rooms Fall zone. (Wireless Communications Facilities)
connected together, constituting a separate, The area within which a tower or antenna might cause
independent housekeeping establishment for owner damage to persons or property should the tower or
occupancy,or rental or lease on a weekly, monthly,or antenna be knocked down, blown over or fall on its
longer basis,and physically separated from any other own.
rooms or dwelling units which may be in the same
structure, and containing independent cooking and Family. (Zoning) In single-family residential
sleeping facilities. districts, a family is no more than three persons
unless all are related and occupy a dwelling as a
E single housekeeping unit in the RSF-.5(Residential
Single-family — Half Acre), RSF - 1 (Residential
Easement. (Development) A grant by the Single-family - One acre), RSF - 2 (Residential
property owner to the public, a corporation or Single-family—2 Acre), RSF-4(Residential Single-
persons, for the use of a strip of land for specific family—4 Units per Acre), and RSF-7(Residential
purposes. Single-family—7 Units per Acre)zoning districts. In
all other zoning districts where residential uses are
EIFS. (Exterior Insulating and Finish Systems). permitted, a family is no more than four persons
(DDOD)A cement based synthetic material used as unless all are related and occupy a dwelling as a
an alternative to natural stucco. single housekeeping unit. A family is when all
persons are related by blood, marriage, adoption,
guardianship or other duly-authorized custodial
CD151:9
Chapter 161: Zoning
TITLE XV UNIFIED DEVELOPMENT CODE
A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. 4726, 7-19.05: (Code 1965,App.A.,Art.5(V);Ord.No.2603,2-19-80;Ord.
Ord.4943,11-07-06;Ord.5079,11-20-07;Ord.5195,11-6- No.1747,6-29-70;Code 1991,§160.035;Ord.No.4100,
D8;Ord.5224.3-3-09:Ord.5312,4-20-1D) §2(Ex.A),6-16-98;Ord.No.4178,8-31.99;Ord.5028,6-
19-07;Ord.5195,11-6-08;Ord.6312,4.20-10)
161.18 District C-1, Neighborhood
Commercial 161.19 Community Services
(A) Purpose. The Neighborhood Commercial District (A) Purpose. The Community Services district is
is designed primarily to provide convenience designed primarily to provide convenience goods
goods and personal services for persons living in and personal services for persons living in the
the surrounding residential areas. surrounding residential areas and is intended to
provide for adaptable mixed use centers located
(B) Uses. along commercial corridors that connect denser
development nodes. There is a mixture of
(1) Permitted uses. residential and commercial uses in a traditional
urban form with buildings addressing the street.
Unit 1 City-wide uses b right For the purposes of Chapter 96: Noise Control,
5 Government Facilities the Community Services district is a commercial
Unit
Unit 5 Gov laces zone. The intent of this zoning district is to
provide standards that enable development to be
Unit 15 Neighborhood shopping approved administratively.
Unit 18 Gasoline service stations and drive-
in/drive-throw h restaurants (B) Uses.
Unit 25 Offices,studios,and related services
(1) Permitted uses.
(2) Conditional uses.
Unit 1 City-wide uses by right
Unit 2 City-wide uses by conditional use Unit 4 Cultural and recreational facilities
permit Unit Government facilities
Unit 3 Public protection and utility facilities Unit 8 Single-family dwellings
Unit 4 Cultural and recreational facilities Unit 9 Two-family dwellings
Unit 16 Shopping oods Unit 10 Three-family dwellings
Unit 34 Liquor stores Unit 13 Eating laces
Unit 35 Outdoor music establishments* Unit 15 Neighborhood Shopping oods
Unit 36 Wireless communications facilities' Unit 18 Gasoline service stations and drive-
Unit 40 Sidewalk Cafes in/drive-throw h restaurants
Unit 42 Clean technolo ies Unit 24 Home occupations
Unit 25 Offices,studios and related services
(C) Density. None. Unit 28 Multi-familydwellings
(D) Bulk and area regulations. None. Note: Any combination of above uses is permitted
upon any lot within this zone. Conditional uses shall
(E) Setback regulations. need approval when combined with pre-approved
uses.
Front 50 ft.
Side None (2) Conditional uses.
Side,when contiguous to a 10 ft.
residential district Unit 2 City-wide uses by
Rear 20 ft. conditional use permit
Unit 3 Public protection and utility facilities
(F) Height regulations. There shall be no maximum Unit 14 Hotel,motel and amusement services
height limits in C-1 District, provided, however, Unit 16 Shopping oods
that any building which exceeds the height of 10 Unit 17 Transportation,trades and services
feet shall be setback from any boundary line of Unit 19 Commercial recreation small sites
any residential district a distance of one foot for Unit 28 Center for collecting
each foot of height in excess of 10 feet. recyclable materials
Unit 34 Li uor stores
(G) Building area. On any lot the area occupied by Unit 35 Outdoor music establishments
all buildings shall not exceed 40% of the total Unit 36 1 Wireless communication facilities'
area of such lot. Unit 40 1 Sidewalk Cafes
C0161:15
Unit 42 1 Clean technologies I Unit 33 1 Adult live entertainment club or bar
Unit 34 1 Liquor store
(C) Density.None
(2) Conditional uses.
(D) Bulk and area regulations.
(1) Lot width minimum. Unit 2 City-wide uses b conditional use permit
Unit 3 Public protection and utility facilities
Dwellin 18 ft. Unit 21 Warehousingand wholesale
All others None Unit 28 Center for collectingrecyclable materials
Unit 29 Dance Halls
(2) Lot area minimum. None Unit 32 Sexual) oriented business
Unit 35 Outdoor music establishments
(E) Setback regulations. Unit 36 Wireless communications facilities
Unit 3§ 1 Mini-storage units
Front: The principal fagade of a Unit 40 Sidewalk Cafes
building shall be built IUnit 42 1 Clean technologies
within a build-to zone
that is located between (C) Density. None.
10 feet and a line 25 feet
from the front property (D) Bulk and area regulations. None.
line.
Side and rear, None (E) Setback regulations.
Side or rear, when 15 feet
contiguous to a residential Front 50 ft.
district: Side None
Side,when contiguous to 15 ft.
(F) Height regulations. Maximum height is 4 stories a residential district
or 56 feet which ever is less. I Rear 20 ft.
(G) Minimum buildable street frontage. 65%of the lot (F) Height regulations. In District C-2 any building
width. which exceeds the height of 20 feet shall be set
(Ord.5312,4-20-10) back from any boundary line of any residential
district a distance of one foot for each foot of
161.20 District C-2, Thoroughfare height in excess of 20 feet. No building shall
g exceed six stories or 75 feet in height.
Commercial
(G) Building area. On any lot,the area occupied by
(A) Purpose. The Thoroughfare Commercial District all buildings shall not exceed 60% of the total
is designed especially to encourage the area of such lot.
functional grouping of these commercial
enterprises Catering primarily to highway (Code 1965,App.A.,Art.5(VI);Ord.No.1833,11-1-71;Ord.
travelers. No.2351,6-2-77;Ord.No.2603,2-19-80;Ord.No.1747,6-
29-70;Code 1991,§160.036;Ord.No.4034,§3,4,4.15-97;
(B) Uses Ord.No.4100,§2(Ex.A),6-16-98;Ord.No.4178,8-31-99;
Ord.4727,7-19-06;Ord.4992,3-06-07;Ord.5028,6-19-07;
(1) Permitted uses. Ord.5195,11-6-08;Ord.5312,4-20-10)
Unit 1 Ci wide uses by right 161.21 Urban Thoroughfare
Unit 4 Cultural and recreational facilities (A) Purpose. The Urban Thoroughfare District is
Unit 5 Government Facilities designed to provide goods and services for
Unit 13 Eatina places persons living in the surrounding communities.
Unit 14 Hotel,motel and amusement facilities This district encourages a concentration of
Unit 16 Shopping oods commercial and mixed use development that
Unit 17 Transportation trades and services enhances function and appearance along major
Unit 18 Gasoline service stations and drive-in/drive- thoroughfares.Automobile-oriented development
throw fr restaurants is prevalent within this district and a wide range
Unit 19 Commercial recreation small sites of commercial uses is permitted. For the
Unit 20 1 Commercial recreation large sites purposes of Chapter 96: Noise Control, the
Unit 25 1 Offices,studios,and related services Urban Thoroughfare district is a commercial
CD161:16
TITLE XV UNIFIED DEVELOPMENT CODE
zone. The intent of this zoning district is to
provide standards that enable development to be
approved administratively.
(B) Uses.
(1) Permitted uses
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
Unit 13
Eating laces
Unit 14
Hotel, motel and amusement services
Unit 16
Shopping oods
Unit 17
Transportation trades and services
Unit 18
Gasoline service stations and drive-
in/drive-throw h restaurants
Unit 19
Commercial recreation, small sites
Unit 24
Home occupations
Unit 25
Offices, studios and related services
Unit 26
Multi -family dwellings
Unit 34
Liquor store
Unit 41
Accessory Dwellings
Note: Any combination of above uses is permitted
upon any lot within this zone. Conditional uses shall
need approval when combined with pre -approved
uses.
(2) Conditional uses
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 20
Commercial recreation, large sites
Unit 21
Warehousing and wholesale
Unit 28
Center for collecting recyclable materials
Unit 29
Dance halls
Unit 33
Adult live entertainment club or bar
Unit 35
Outdoor music establishments
Unit 36
Wireless communication facilities
Unit 38
Mini -storage units
Unit 40
Sidewalk cafes
Unit 42
Clean technologies
(C) Density. None
(D) Bulk and area regulations.
(1) Lot width minimum
Single-family dwelling
18 feet
All other dwellings
None
Non-residential
None
(2) Lot area minimum None
(E) Setback regulations.
Front:
The principal facade of a
building shall be built
within a build -to zone
that is located between
10 feet and a line 25 feet
from the front property
line.
Side and rear:
None
Side or rear, when
15 feet
contiguous to a residential
district:
(F) Height regulations. A building or a portion of a
building that is closer than 15 feet from the front
property line shall have a maximum height of 4
stories or 56 feet, whichever is less. A building or
portion of a building that is located 15 feet or
greater from the front property line or the Master
Street Plan right-of-way shall have a maximum
height of 6 stories or 84 feet, whichever is less.
Any building that exceeds the height of 20 feet
shall be set back from any boundary line of a
single-family residential district, an additional
distance of one foot for each foot of height in
excess of 20 feet.
(G) Minimum buildable street frontage. 50% of the lot
width.
(Ord. 5312,420-10)
161.22 District C-3, Central Commercial
(A) Purpose. The Central Commercial District is
designed to accommodate the commercial and
related uses commonly found in the central
business district, or regional shopping centers
which provide a wide range of retail and personal
service uses.
(B) Uses.
(1) Permitted uses.
Unit I
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 13
Eating laces
Unit 14
Hotel, motel, and amusement facilities
Unit 16
Shopping oods
Unit 18
Gasoline service stations and drive-
inidrive-throw h restaurants
Unit 19
Commercial recreation, small sites
Unit 25
Offices studios, and related services
Unit 26
Multi -family dwellings
Unit 34
Liquor stores
CD161:17
(2) Conditional uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 17
Transportation trades and services
Unit 28
Center for collecting recyclable
materials
Unit 29
Dance Halls
Unit 35
Outdoor music establishments
Unit 36
Wireless communications facilities
Unit40
Sidewalk Cafes
Unit 42
Clean technoloies
(C) Density. None.
(D) Bulk and area regulations. None
(E) Setback regulations.
Central
Business
Shopping
District
Center
Front
5 ft.
25 ft.
Front, if parking
is allowed
between the
right-of-way and
the building
50 ft.
50 ft.
Side
None
None
Side, when
contiguous to a
residential
district
10 ft.
25 ft.
Rear, without
easement or
alley
15 ft.
25 ft.
Rear, from
center line of a
public alley
10 ft.
10 ft.
(F) Height regulations. Maximum height is six stories
or 84 feet whichever is less. Above four stories,
there shall be a stepback of the building's
principal facade of at least fifteen feet. The
height shall be measured from the mean
elevation of the finished grade or sidewalk at the
frontage line, whichever is higher, to the eave of
the roof or cornice for a building with a parapet.
(Code 1965, App. A., Art. 5(VII); Ord. No. 2351, 6-21-77;
Ord. No. 2603, 2-19-80; Ord. No. 1747, 6-29-70; Code 1991,
§160.037; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No.
4178, 8-31-99; Ord. 4727, 7-19-05; 4863, 5-02-06; Ord.
5028, 6-19-07; Ord. 5195,11-6-08; Ord. 5312, 4-20-10)
161.23 Downtown Core
(A) Purpose. Development is most intense, and land
use is densest in this zone. The downtown core
is designed to accommodate the commercial,
office, governmental, and related uses commonly
found in the central downtown area which
provides a wide range of retail, financial,
professional office, and governmental office uses.
For the purposes of Chapter 96: Noise Control,
the Downtown Core district is a commercial zone.
(B) Uses.
(1) Permitted uses.
City-wide uses by right
Cultural and recreational facilities
Government facilities
Single-family dwellings
r
Two-famil dwellin s
Three-famil dwellin s
Eatin laces
Hotel, motel, and amusement facilities
Unit 16
Shopping oods
Unit 17
Transportation trades and services
Unit 19
Commercial recreation, small sites
Unit 24
Home occupations
ations
Unit 25
Offices, studios, and related services
Unit 26
Multi -family dwellings
Unit 34
Liquor stores
Note: Any combination of above uses is permitted
upon any lot within this zone. Conditional uses shall
need approval when combined with pre -approved
uses.
(2) Conditional uses.
Unit 2
City-wide uses by conditional use
permit
Unit 3
Public protection and utility facilities
Unit 29
Dance Halls
Unit 35
Outdoor music establishments
Unit 36
Wireless communication facilities
Unit 40
Sidewalk Cafes
Unit 42
Clean technologies
(C) Density. None.
(D) Bulk and area regulations. None.
(E) Setback regulations.
Front
The principal facade of
a building shall be built
within a build -to zone
that is located between
the front property line
and a line 25 ft. from the
front property line.
Side
None
Rear
5 ft.
Rear, from center line
12 ft.
of an alley
CD161:18
TITLE XV UNIFIED DEVELOPMENT CODE
(F) Minimum buildable street frontage. 80% of lot
width.
(G) Height regulations. Maximum height is 12 stories
or 168 feet which ever is less.
(Ord. 5028, 6-19-07; Ord. 5029, 6-19-07; Ord. 5195,
11-6-08; Ord. 5312,4-20-10)
161.24 Main Street/Center
(A) Purpose. A greater range of uses is expected
and encouraged in the Main Street/Center. The
Center is more spatially compact and is more
likely to have some attached buildings than
Downtown General or Neighborhood
Conservation. Multi -story buildings in the Center
are well -suited to accommodate a mix of uses,
such as apartments or offices above shops.
Lofts, live/work units, and buildings designed for
changing uses over time are appropriate for the
Main Street/Center. The Center is within walking
distance of the surrounding, primarily residential
areas. For the purposes of Chapter 96: Noise
Control, the Main Street Center district is a
commercial zone.
(8) Uses.
(1) Permitted uses.
Unit I
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
Unit 13
Eating laces
Unit 14
Hotel, motel, and amusement
facilities
Unit 16
Shopping oods
Unit 17
Transportation trades and services
Unit 19
Commercial recreation, small sites
Unit 24
Home occupations
Unit 25
Offices, studios and related services
Unit26
Multi -family dwellings
Unit 34
Liquor stores
Note: Any combination of above uses is permitted
upon any lot within this zone. Conditional uses shall
need approval when combined with pre -approved
uses.
(2) Conditional uses.
Unit 2
City-wide uses by conditional use
permit
Unit 3
Public protection and utility facilities
Unit 18
Gasoline service stations and drive-
in/drive•throu h restaurants
Unit 28
Center for collecting recyclable
materials
Unit 29
Dance halls
Unit 35
Outdoor music establishments
Unit 36
Wireless communication facilities
Unit 40
Sidewalk Cafes
Unit 42
Clean technolies
(C) Density. None.
(D) Bulk and area regulations.
(1) Lot width minimum.
I Dwelling (all unit types) 118 ft.
(2) Lot area minimum. None.
(E) Setback regulations.
Front
The principal facade
of a building shall be
built within a build -to
zone that Is located
between the front
property line and a
line 25 ft. from the
front property line.
Side
None
Rear
5 ft.
Rear, from center line of
12 ft.
an alley
(F) Minimum buildable street frontage. 75% of lot
width.
(G) Height Regulations. A building or a portion of a
building that is located between 0 and 15 feet
from the front property line or any master street
plan right-of-way line shall have a maximum
height of 4 stories or 56 feet, whichever is less. A
building or a portion of a building that is located
15 feet or greater from the front property line or
any master street plan right-of-way line shall
have a maximum height of 6 stories or 84 feet,
which ever is less.
(Ord. 5028, 6-19-07; Ord. 5029, 6-19-07; Ord. 5042,
8-07-07; Ord. 5195, 11-6-08; Ord. 5312, 4-20-10)
161.25 Downtown General
(A) Purpose. Downtown General is a flexible zone,
and it is not limited to the concentrated mix of
uses found In the Downtown Core or Main Street
/Center. Downtown General includes properties
in the neighborhood that are not categorized as
identifiable centers, yet are more intense in use
CD161:19
than Neighborhood Conservation. There is a
mixture of single-family homes, rowhouses,
apartments, and live/work units. Activities
include a flexible and dynamic range of uses,
from public open spaces to less intense
residential development and businesses. For the
purposes of Chapter 96: Noise Control, the
Downtown General district is a residential zone.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
Unit 13
Eating laces
Unit 15
Neighborhood shopping oods
Unit 24
Home occupations
Unit 25
Offices, studios, and related. services
Unit 26
Multi -family dwellings
Note: Any combination of above uses is permitted
upon any lot within this zone. Conditional uses shall
need approval when combined with pre -approved
uses.
(2) Conditional uses.
Unit 2
City-wide uses by
conditional use ermit
Unit 3
Public protection and utility facilities
Unit 14
Hotel, motel and amusement services
Unit 16
Shopping oods
Unit 17
Transportation trades and services
Unit 19
Commercial recreation, small sites
Unit 28
Center for collecting
rec clable materials
Unit 36
Wireless communication facilities
Unit 40
Sidewalk Cafes
(C) Density. None
(D) Bulk and area regulations.
(1) Lot width minimum.
Dwelling (all unit types) 18 ft.
(2) Lot area minimum. None.
(E) Setback regulations.
Front The principal facade of
a building shall be built
within a build -to zone
that is located between
the front property line
and a line 25 ft. from the
front property line.
Side
None
Rear
5 ft.
Rear, from center line
12 ft.
of an alley
(F) Minimum buildable street frontage. 50% of lot
width.
(G) Height regulations. Maximum height is 4 stories
or 56 feet which ever is less.
(Ord. 5028, 6-19-07; Ord. 5029, 6-19-07; Ord. 5312,
4-20-10)
161.26 Neighborhood Conservation
(A) Purpose. The Neighborhood Conservation zone
has the least activity and a lower density than the
other zones. Although Neighborhood
Conservation is the most purely residential zone,
it can have some mix of uses, such as civic
buildings. Neighborhood Conservation serves to
promote and protect neighborhood character. For
the purposes of Chapter 96: Noise Control, the
Neighborhood Conservation district is a
residential zone.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit
Two-family dwellings
Unit 41
Accessory dwellings
(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 10
Three-family dwellings
Unit 12
Limited Business *
Unit 24
Home occupations
Unit 25
Offices, studios, and related services
Unit 28
Center for collecting
recyclable materials
Unit 36
Wireless communication facilities
(C) Density. 10 Units Per Acre.
(D) Bulk and area regulations.
CD161:20
(1) Lot width minimum.
TITLE XV UNIFIED DEVELOPMENT CODE
Single Family
40 ft.
Two Family
80 ft.
Three Family
90 ft.
(2) Lot area minimum. 4,000 Sq. Ft.
(E) Setback regulations.
Front
The principal facade of
a building shall be built
within a build -to zone
that is located between
the front property line
and a line 25 ft. from the
front property line.
Side
5ft.
Rear
5ft.
Rear, from center line
12 ft.
of an alley
(F) Minimum buildable street frontage. 40% of lot
width.
(G) Height regulations. Maximum height is 3 stories
or 45 feet which ever is less.
(Ord. 5128, 4-15-08; Ord. 5312, 4-20-10
161.27 District 1-1, Heavy Commercial
And Light Industrial
(A) Purpose. The Heavy Commercial District is
designed primarily to accommodate certain
commercial and light industrial uses which are
compatible with one another but are
inappropriate in other commercial or industrial
districts. The Light Industrial District is designed
to group together a wide range of industrial uses,
which do not produce objectionable
environmental influences in their operation and
appearance. The regulations of this district are
intended to provide a degree of compatibility
between uses permitted in this district and those
in nearby residential districts.
(e) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government Facilities
Unit 6
Agriculture
Unit 13
Eating places
Unit 17
Transportation trades and services
Unit 18
Gasoline service stations and drive-
in1drive-throw h restaurants
Unit 21
Warehousing and wholesale
Unit 22
Manufacturing
Unit 25
Offices, studios and related services
Unit 27
Wholesale bulk petroleum storage
facilities with underground storage tanks
Unit 42
Clean technologies
(2) Conditional uses.
Unit 2
permit
City-wide uses by condMfacilities
Unit 19
Commercial recreation
Unit 20
Commercial recreation, lame
Unit 28
Center for collecting recyclableials
Unit 36
Wireless communicatio
Unit 38
Mini -storage units
(C) Density. None.
(D) Bulk and area regulations. None.
(E) Setback regulations.
Front, when adjoining A or R districts
50 ft.
Front, when adjoining C, I, or P districts
25 ft.
Side, when adioining A or R districts
50 ft.
Side, when adjoining C, I, or P districts
10 ft.
Rear, when adioining C, I or P districts
loft.
(F) Height regulations. There shall be no maximum
height limits in I-1 District, provided, however,
that any building which exceeds the height of 25
feet shall be set back from any boundary line of
any residential district a distance of one foot for
each foot of height in excess of 25 feet.
(G) Building area. None.
(Code 1965, App. A., Art. 5(Vlil); Ord. No. 2351, 6-2-
77; Ord. No. 2430, 3-21-78; Ord. No. 2516, 4-3-79;
Ord. No. 1747, 6-29-70; Code 1991, §160.039; Ord.
No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-
99; Ord. 4992, 3-06-07; Ord. 5028, 6-19-07; Ord.
5195, 11-6-08; Ord. 5312, 4-20-10)
161.28 District 1-2, General Industrial
(A) Purpose. The General Industrial District is
designed to provide areas for manufacturing and
industrial activities which may give rise to
substantial environment nuisances, which are
objectionable to residential and business use.
(B) Uses.
(1) Permitted uses.
-wide uses b d ht
Public rotection and utili facilities
EUnitlCi
Government Facilities
riculture
Animal husbandry
CD161:21
Unit 18
Gasoline service stations and drive-
in/drive_throu h restaurants
Unit 20
Commercial recreation, large sites
Unit 21
Warehousing and wholesale
Unit 22
Manufacturing
Unit 23
Heavy industrial
Unit 25
Offices, studios, and related services
Unit 28
Center for collecting recyclable materials
Unit 42
Clean technoloies
(2) Conditional uses.
Unit 2
City-wide uses by conditional use permit
Unit 31
Facilities emitting odors and facilities
handling explosives.
Unit 36
Wireless communications facilities
Unit 38
Mini -storage Units
Unit 39
Auto salvage and junk yards
(C) Density. None.
(D) Bulk and area regulations. None.
(E) Setback regulations.
Front, when adjoining A
or R districts
100 ft.
Front, when adjoining C, I
or P -districts
50 ft.
Side, when adjoining A or
R districts
50 ft.
Side, when adjoining C, I
or P districts
25 ft.
Rear
25 ft.
(F) Height regulations. There shall be no maximum
height limits in 1-2 Districts, provided, however,
that any building which exceeds the height of 25
feet shall be setback from any boundary line of
any residential district a distance of one foot for
each foot of height in excess of 25 feet.
(G) Building area. None.
(Code 1965, App. A., Art. 5(IX); Ord. No. 2351, 6-21-
77; Ord. No. 2516, 4-3-79; Ord. No. 1747, 6-29-70;
Code 1991, §160.040; Ord. No. 3971, §2, 5-21-96;
Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-
31-99; Ord. 4992, 3-06-07; Ord. 5028, 6-19-07; Ord.
5195, 11-6-08; Ord. 5312, 4-20-10)
161.29 District P-1, Institutional
(A) Purpose. The Institutional District is designed to
protect and facilitate use of property owned by
larger public institutions and church related
organizations.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
(2) Conditional uses.
Unit 2
Dermit
City-wide uses by conMfacilitles
Unit 3
Public protection and utility
Unit 26
Multi -family dwellings
Unit 36
Wireless communicati
Unit 42
Clean technologies
(C) Density. None.
(D) Bulk and area regulations. None.
(E) Setback regulations.
Front
30 ft.
Front, if parking is allowed between the
right-of-way and the building
50 ft.
Side
20 ft.
Side, when contiguous to a residential
district
25 ft.
Rear
25 ft.
Rear, from center line of public alley
10 ft.
(F) Height regulations. There shall be no maximum
height limits in P-1 Districts, provided, however,
that any building which exceeds the height of 20
feet shall be set back from any boundary line of
any residential district a distance of one foot for
each foot of height in excess of 20 feet.
(G) Building area. On any lot the area occupied by
all buildings shall not exceed 60 % of the total
area of such lot.
(Code 1965, App. A., Art. 5(XI); Ord. No. 2603; Ord.
No. 2603, 2-19-80; Ord. No. 2621, 4-1-80; Ord. No.
1747, 6-29-70; Code 1991, §160.042; Ord. No. 4100,
§2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord.
5073,11-06-07; Ord. 5195,11-6-08; Ord. 5312, 4-20-
10)
161.30 District E-1, Extraction
(A) Purpose. The Extraction District is designed to
provide areas for the commercial removal of
natural accumulations of sand, clay, silt, gravel,
rock, and any mineral where such removal may
cause groundwater problems, noise, dust, traffic
problems, erosion, and safety concerns.
(B) Uses.
CD161:22
(1) Permitted uses.
Chapter 162: Use Units
TITLE XV. UNIFIED DEVELOPMENT CODE
Detective service
-Electrical repair service
•Furniture repair,
refinishing
-Gunsmith
interior decorating
-Linen supply and
industrial laundry
-Locksmith
•Office supplies
-Rug cleaning, repair
Sign painting
-Tattoo and piercing
•Taxidermist
-Tool sharpening, repair
•Watch and jewelry repair
-Weight loss center
Retail
- Apparel and accessory
Auto accessory store
Boat and accessory
store
-Dry goods
I
Garden_supply
(O) Unit 17. Transportation trades and services.
(1) Description. Unit 17 consists of
establishments engaged primarily in
providing vehicular sales, service and
maintenance, and similar services which
fulfill recurrent needs of residents of nearby
areas, but are generally incompatible with
primary retail districts because they break
the continuity of retail frontage. Uses also
include those that require transport of
persons or materials on a regular basis.
(2) Included uses
Retail trade
Automotive sales,
establishments, general:
-Body shops/garages
farm supplies and
equipment and repair
-Lawn equipment sales,
repair
-Marine craft sales, repair
-Motorcycle sales, repair
-Truck sales
-Trailer, camping,
hauling, travel, sales
-Used car lots
Personal help:
-Auto wash
-Motor repair
-Packing and crating
Transportation service:
-Bus station
-Car rental
-Express service
-Helistop
-Railway terminal
-Taxicab station
(R) Unit 18. Gasoline service stations and drive-in
restaurants.
(1) Description. Gasoline service stations and
drive-in restaurants can be significantly
objectionable to nearby uses, so, therefore,
have been allowed only in districts where
necessary to provide this use.
(2) Included uses.
Gasoline service station *
Self-service auto wash (in conjunction with a gasoline
service station)'
Drive-in/drive-through restaurant'
(S) Unit 19. Commercial recreation, small sites.
(1) Description. Unit 19 consists of commercial
amusements which ordinarily do not require
large sites and often seek location in or near
developed commercial areas.
(2) Included uses.
Billiard and pool parlor
Bowling alley
Slot car track
Skating rink
Video arcade
Indoor theater
Cross reference(s)—Parking and Loading, Ch. 172.
(T) Unit 20. Commercial recreation, large sites.
(1) Description. Unit 20 consists of commercial
recreation facilities which are usually
conducted out-of-doors, on large sites, and
in undeveloped, outlying parts of the city.
Uses in this unit have an adverse effect on
certain other uses, in that they are often
noisy and are large traffic generators.
(2) Included uses.
Amusement park'
Drag strip
Drive-in theater
Fairgrounds
Fishing dock
Go-cart track
Golf range, golf course
Miniature golf
Race track
Zoo
(U) Unit 21. Warehousing and wholesale.
(1) Description. Unit 21 includes warehousing,
wholesaling and trucking of the type which is
CD162:7
Chaptei 164: Supplementary District Res4ations
TITLE XV UNIFIED DEVELOPMENT CODE
164.18 Supplementary Use Regulations
(A) Automobile garages. In any district where
permitted, automobile garages shall be subject to
the regulations set forth in §164.16(C) for drive-in
facilities and all appurtenances used for repair or
servicing of vehicles which are not enclosed shall
be located at least 12 feet from a street lot line
and 25 feet from any lot line in an A or R District.
(Code 1965, App. A., Art. 7 (4); Ord. No. 1747, 6.29-70;
Code 1991, §160.079; Ord. No. 4100, § 2 (Ex. A), 6.16-98)
(B) Automobile wash service. Automobile wash
service shall be subject to the provision set forth
in §164.16(C), drive-in facilities. The following
provision shall also be required: Paved parking
space on the lot for not less than five cars per
washing lane shall be provided.
(Code 1965, App. A., Art. 7 (5); Ord. No. 1747, 6-29-70; Ord.
No. 2380, 9-20-77; Code 1991, §160.080; Ord. No. 4100, §2
(Ex. A), 6-16-98)
(D C) Gasoline service stations. A gasoline
service station shall be subject to the following
requirements:
(1) Bulk and area. Gasoline service stations
shall be regulated by the bulk and area
requirements of the district in which it is
located and the following:
Minimum setback of pump island,
compressed air connection and similar
equipment from all right-of-way lines
25 ft.
Minimum setback of canopy covering pump
20 ft.
island, compressed air connection and
similar equipment from all right-of-way
lines. ("Canopies shall not be considered
a part of the building for determining
building setbacks even if said canopies are
attached to the principal structure.)
(2) Signs. Any permitted sign shall be stationary
and shall conform in all respects to the
applicable regulations pertaining to signs.
(3) Auto washing. Washing of autos shall be
entirely within an enclosed structure.
(Code 1965, App., A., Art. 7 (9); Ord. No. 1747, 6.29-70;
Ord. No. 1870; 6-19-72; Ord. No. 2126, 7-15-75; Code 1991,
§160.084; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. 5271, 9-
1-09)
(& D) Industrial parks. Sites for industrial parks
shall be developed according to the following
requirements:
(1) Landscaping. The first 10 feet of depth of
required front setbacks and of required rear
setbacks facing a street and the first 20 feet
of width of a required exterior setback shall
be permanently maintained in suitable
landscaping, a plat of the design of which
shall be filed with the Zoning and
Development Administrator prior to the
issuance of building permit.
(2) Grading and drainage. All open portions of
any lot shall have adequate grading and
drainage, and shall be continuously
maintained in a dust -free condition by
suitable landscaping with trees, shrubs, or
planted ground cover, or by paving with
asphaltic concrete, rock, Portland cement,
concrete, or other resilient materials.
(Code 1965, App. A., Art. 7(15); Ord. No. 1747, 6-29.70;
Ord. No. 380, 9-1-20.77; Code 1991, §160.089, Ord. No.
4100, §2 (Ex. A). 6-16-98)
(FE) Retail liquor stores. Retail liquor stores may
be located in those zoning districts where such
use is permitted, subject to the following
conditions:
(1) Church/school/hospital. No retail liquor store
shall be located within 600 feet (200 yards)
of any church, hospital, or school house. For
the purpose of this section, schoolhouse"
shall include classroom and dormitory
buildings of the University of Arkansas.
(2) Residential zone. No retail liquor store shall
be located on any property two or more
sides of which abut or are across the street
from and perpendicular to property zoned
residential. For the purpose of this section
the term "street" shall not include any federal
highway.
(Code 1965, App. A., Art. 7 (22); Ord. No. 1747, 6-29-70;
Ord. No. 2122, 7-15-75; Ord. No. 2380, 9-21-77; Code 1991,
§160.092; Ord. No. 4100, §2 (Ex. A), 6-16-98)
CD164:11
Fayetteville Code of Ordinances
(6 F) Riding stables. In any district where
permitted, riding stables shall be subject to the
following conditions.
(1) Minimum area. Riding stables shall not be
located on any property which does not
contain a minimum of 40 acres of
undeveloped land.
(2) Setback from residential property lines. No
riding stable shall be located within 250 feet
of the property line of any abutting property
zoned residential and no riding path shall be
located within 100 feet of the property line of
any abutting property zoned residential.
(3) Extent of operations. The operation of a
riding stable shall be limited to the boarding
of horses, the providing of riding lessons,
and the renting of riding horses, saddles,
bridles, and other accessories for use on the
premises. No horse racing or horse shows
shall be permitted on the premises; provided,
horse shows displaying only those horses
used in the daily operation of a riding stable
may be permitted. The operation of a riding
stable shall be limited to the hours of 6:00
a.m. to 10:00 p.m.
(4) Number of horses permitted. The number of
horses permitted on premises used for a
riding stable shall be limited to one horse for
every three -fourths (3/4) acre of
undeveloped land.
(Code 1965, App. A., Art. 7 (23); Ord. No. 1747, 6-29-70;
Ord. No. 2123, 7-25-75; Code 1991, §160.092; Ord, No.
4100, §2 (Ex. A), 6-16-98)
164.19 Accessory Dwelling Units (ADU)
(A) Purpose. The purpose of the accessory dwelling
unit ordinance is to authorize accessory dwelling
units in certain zoning districts on lots already
developed or that will be developed concurrently
with single-family dwellings.
(B) Intent. Planning Staff shall evaluate the following
criteria for the review and approval of an
accessory dwelling unit application:
(1) Exterior design of the accessory dwelling
unit should be compatible with the principal
dwelling unit through architectural use of
building forms, height, construction
materials, and colors.
(3) The location and design of the accessory
dwelling unit shall meet the required
setbacks of the zoning district.
(4) A two-story accessory dwelling unit should
generally limit the major access stairs,
decks, entry doors, and major windows to
the walls facing the principal dwelling, or to
the alley if applicable. Windows that impact
the privacy of the neighboring side or rear
yard should be minimized. The design of the
accessory unit should relate to the design of
the principal residence and not visually
dominate it or the surrounding properties.
(5) The orientation and location of buildings,
structures, open spaces and other features
of the site should protect and maintain
natural resources including significant trees
and shrubs to the extent feasible and
minimize alteration of natural land forms.
Building profiles, location and orientation
should relate to natural land forms.
(6) The site plan should incorporate low impact
storm water mitigation techniques, such as
cisterns, rain barrels, permeable pavers, rain
gardens, indigenous plants and landscape
berms.
(C) Permitted Zoning Districts: Accessory dwelling
units shall be exempt from the density
requirements of the underlying zoning district and
shall be permitted by- right on lots containing
5,000 square feet or more in the following Zoning
districts:
(1) R -A Residential Agricultural
(2) RSF — 0.5 Residential Single Family — One
Half Unit per Acre
(3) RSF — 1 Residential Single Family — One
Unit per Acre
(4) RSF — 2 Residential Single Family — Two
Units per Acre
(5) RSF — 4 Residential Single Family — Four
Units per Acre
(6) RSF —7 Residential Single Family — Seven
Units per Acre
(7) RSF — 8 Residential Single Family — Eight
Units per Acre
(2) The property shall have infrastructure (water, (8) NC Neighborhood Conservation
sewer, gas, electric, etc.) that meets City
standards to serve the accessory dwelling (D) Administrative Design Review and Approval. All
unit. accessory dwelling units shall meet the following
CD164:12
NORTHWEST ARKANSAS
NEWSPAPERSLLc
Northwest Arkansas Democrat Gazette
The Morning News of Springdale
The Morning News of Rogers
Northwest Arkansas Times R-ECEI�7ED
Benton County Daily Record AIIG G 6 2010
212 North East Avenue, Fayetteville Arkansas 72701/ PO Box 1607, 72702
PHONE: 479-571-6421
AFFIDAVIT OF PUBLICATION
I, Cathy Wiles, do solemnly swear that I am Legal Clerk of the Northwest
Arkansas Newspapers LLC. Printed and published in Washington & Benton
County, (Lowell), Arkansas and that from my own personal knowledge
and reference to the files of said publication, the advertisement of: City
of Fayetteville — Ordinance 5339
August 19, 2010
Publication Charge : $ 155.64
Signed: ____ _____ -
Subscribed and swoon to before me
This, `1 day of , 2010.
Notary Public—)_V\C—_--_—_
My Commission Expires
Jim Mears
Washington County
Commission Number 12374647
Notary Public. Arkansas
My Commission Expires Jan. 20, 2020
Do not pay from Affidavit, an invoice will be sent