HomeMy WebLinkAboutORDINANCE 5945113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 5945
File Number: 2016-0622
AMEND CHAPTERS 160, 161, 162, 164, 166, 167, AND 169:
IIIIIII IIIIII III VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII IIII IIII
Doc ID: 017311550010 Type: REL
Kind: ORDINANCE
Recorded: 02/24/2017 at 08:40:50 AM
Fee Amt: $60.00 Paqe 1 of 10
Washinqton County, AR
Kyle Sylvester Circuit Clark
File2017-00005541
AN ORDINANCE TO AMEND CHAPTERS 160, 161, 162, 164, 166, 167, AND 169 OF THE
UNIFIED DEVELOPMENT CODE TO CREATE TWO NEW ZONING DISTRICTS: RESIDENTIAL
INTERMEDIATE - URBAN AND NEIGHBORHOOD SERVICES - GENERAL AND NEW USE UNIT
12 B. GENERAL BUSINESS AND TO MAKE FURTHER CHANGES TO INCORPORATE THESE
AMENDMENTS INTO THE UNIFIED DEVELOPMENT CODE.
WHEREAS, the City of Fayetteville determines that there are gaps in existing zoning districts to
accommodate a range of multi -unit housing types compatible in size and scale with single-family homes
that may help meet the growing demand for walkable urban living; and
WHEREAS, small to medium scaled commercial and mixed-use development that can exist to provide
neighborhood services and goods without allowing undesirable, unintended consequences may be facilitated
by adding new zoning options; and
WHEREAS, the City of Fayetteville has determined that the two new zoning districts and one use unit
would fill these gaps and encourage infill, revitalization, and traditional town form consistent with adopted
policy.
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 amends §160.01 Establishment of
Districts in the following manner:
"1) Rename RT -12, Residential Two (2) and Three (3) family to `RI, Residential Intermediate, Twelve
(12) Units Per Acre';
2) Insert `RI -U, Residential Intermediate - Urban' immediately after RI -12;
Page 1 Printed on 1/18/17
Ordinance: 5945
File Number: 2016-0622
3) Rename NS, Neighborhood Services, to `NS -L, Neighborhood Services - Limited'; and
4) Insert `NS -G, Neighborhood Services - General' immediately after NS -L"
Section 2. That the City Council of Fayetteville, Arkansas hereby amends §160.01 Establishment of
Districts by repealing Residential, Commercial, and Industrial Planned Zoning District and enacting and
replacing them with "PZD, Planned Zoning District".
Section 3. That the City Council of Fayetteville, Arkansas hereby amends §§161.01(E) and 161.03(F) by
repealing the abbreviation "A-1" and replacing it with the abbreviation "R -A" for Residential
Agricultural.
Section 4. That the City Council of Fayetteville, Arkansas hereby amends §161.11 RT -12, Residential
Two (2) and Three (3) Family by renaming the district "RI -12, Residential Intermediate, Twelve (12)
Units Per Acre".
Section 5. That the City Council of Fayetteville, Arkansas hereby enacts "§161.12 RI -U, Residential
Intermediate - Urban" as shown in Exhibit "A" attached hereto and made a part hereof, and renumbers
all subsequent sections of Chapter 161 accordingly.
Section 6. That the City Council of Fayetteville, Arkansas hereby amends §161.18 Neighborhood Services
by renaming the district "§ 161.18 NS -L, Neighborhood Services - Limited" and by modifying the lot
width minimum in §161.18(D)(1) to 35 feet for all dwelling types.
Section 7. That the City Council of Fayetteville, Arkansas hereby enacts §161.19 NS -G, Neighborhood
Services - General" as shown in Exhibit "A" attached hereto and made a part hereof, and renumbers all
other sections of Chapter 161 accordingly.
Section 8. That the City Council of Fayetteville, Arkansas hereby amends Chapter 161: Zoning
Regulations by replacing "Use Unit 12, Limited Business" with "Use Unit 12a, Limited Business" and
by replacing "Use Unit 10, Three (3) Family Dwellings with "Use Unit 10, Three (3) and Four (4)
Family Dwellings" in all zoning districts that allow these uses as a Permitted or Conditional Use.
Section 9. That the City Council of Fayetteville, Arkansas hereby amends Chapter 161: Zoning
Regulations by enacting and inserting Use Unit 41: Accessory Dwellings as a Permitted Use in the
following zoning districts:
"RI -12, Residential Intermediate Twelve (12) Units Per Acre
RMF -6, Residential Multi -Family, Six (6) Units Per Acre
RMF -12, Residential Multi -Family, Twelve (12) Units Per Acre
RMF -18, Residential Multi -Family, Eighteen (18) Units Per Acre
RMF -24, Residential Multi -Family, Twenty -Four (24) Units Per Acre
Page 2 Printed on 1/18/17
Ordinance: 5945
File Number 2016-0622
RMF -40, Residential Multi -Family, Forty (40) Units Per Acre
R -O, Residential Office
CS, Community Services
DC, Downtown Core
MSC, Main Street/Center
DG, Downtown General"
Section 10. That the City Council of Fayetteville, Arkansas hereby amends Chapter 162: Use Units by
enacting and inserting "(M) Use Unit 12b. General Business" as shown on Exhibit `B" attached hereto and
made a part hereof, and re -lettering all subsequent sections accordingly.
Section 11. That the City Council of Fayetteville, Arkansas hereby amends the table and (J) of § 162.01 to
replace Use Unit 10. "Three (3) family dwellings" with Use Unit 10. "Three (3) and four (4) family
dwellings", to modify the Description in (1) and Included Uses in (2) to refer to "three (3) and four (4)
family dwellings," and to remove Townhouse development and tri-plexes from the Included Uses.
Section 12. That the City Council of Fayetteville, Arkansas hereby amends §162.01 to replace "Use Unit 12.
Limited Business" with "Use Unit 12a. Limited Business".
Section 13. That the City Council of Fayetteville, Arkansas hereby amends §162.01 (Z)(1) Description
by replacing "three attached dwellings" with "four attached dwellings" and to amend (Z)(2) by renaming
it "Included Uses" and changing the "Townhouse" reference to "more than four attached units."
Section 14. That the City Council of Fayetteville, Arkansas hereby amends §162.01 (L), Limited
Business and (0) Unit 15, Neighborhood Shopping Goods to add the following language to the end of the
Description section:
"...excluding areas dedicated to residential uses."
Section 15. That the City Council of Fayetteville, Arkansas hereby amends §164.11(A) by striking the
abbreviation "RT -12" and replacing it with the abbreviation "RI."
Section 16. That the City Council of Fayetteville, Arkansas hereby repeals §166.01(F)(1)(b) and (2)(a) and
enacts with the following replacement language:
"§166.01(F)(1)(b) Requirement. The construction of more than two (2) single-family residences on one (1) lot
within any zoning district other than a single-family district.
§ 166.0 1 (F)(2)(a) Excluded Developments. The construction of two (2) single-family residences, an addition
to a single-family residence, or an accessory structure for a single-family residence shall be exempt from the
Page 3 Printed on 1/18/17
Ordinance: 5945
File Number.' 2016-0622
site improvement plan requirements."
Section 17. That the City Council of the Fayetteville, Arkansas hereby amends §167.04(C) Canopy Area,
Table 1, by renaming "RT -12, Two and Three-family Residential" to "RI -12, Residential Intermediate,
Twelve (12) Units Per Acre", by renaming "NS, Neighborhood Services" to "NS -L, Neighborhood Services -
Limited" and by enacting and inserting "RI -U, Residential Intermediate - Urban" and "NS -G, Neighborhood
Services - General" adjacent to their most similar districts with the following percent minimum canopy:
"RI -U, Residential Intermediate - Urban: 15%
NS -G, Neighborhood Services - General: 20%"
Section 18. That the City Council of Fayetteville, Arkansas hereby amends §169.03(B)(4) by repealing and
replacing it with the following language:
"§ 169.03(B)(4) Exceptions Where No Grading Permit Is Required. Single-Family/Duplex. Construction of
up to two (2) single-family residences on a single lot, or duplex not located within the one hundred
(100) year flood plain, the Hillside/Hilltop Overlay District, or on a slope 15% or greater."
PASSED and APPROVED on 1/17/2017
A .........,...7.
"N1111ie1rirrryr
fri
OF
Attest: G' ° 0
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J1 1111111001%
Sondra E. Smith, City Clerk Treasurer
Page 4 Printed on 1/18/17
ADM 16-5631 EXHIBIT "A"
§161.12 - District RI -U, Residential Intermediate - Urban
(A) Purpose. The RI -U Residential District is designed to permit and encourage the development of
detached and attached dwellings in suitable environments, to provide a range of housing types
compatible in scale with single-family homes and to encourage a diversity of housing types to meet
demand for walkable urban living.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 9
Unit 10
Two (2) family dwellings
Three (3) and four (4) family dwellings
Unit 41
Accessory Dwellings
Unit 44
Cluster 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
Unit 5
Government facilities
Unit 12a
Limited business
Unit 24
Home occupations
Unit 26
Multi -family Dwellings
Unit 36
Wireless communications facilities
(C) Density. None.
(D) Bulk and Area Regulations.
Dwelling (all types)
1 Lot width minimum 18 feet
Lot area minimum None
Page 1 of 4
ADM 16-5631 EXHIBIT "A"
(E) Setback Requirements.
(F) Building Height Regulations.
:ar, from
iterline of
in alley
12 feet
Building height maximum30/45 feet
*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 60% of the total lot area.
(H) Minimum Buildable Street Frontage. 50% of the lot width.
Page 2 of 4
Side
Side
Rear
R
Front
Other
Single &Two
Other
cep
Uses
(2)
Uses
family
A build -to zone that
is located between
the front property.
line and a line 25 feet
None
5 feet
5 feet
from the front
property line.
(F) Building Height Regulations.
:ar, from
iterline of
in alley
12 feet
Building height maximum30/45 feet
*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 60% of the total lot area.
(H) Minimum Buildable Street Frontage. 50% of the lot width.
Page 2 of 4
ADM 16-5631 EXHIBIT "A"
§161.19 - Neighborhood Services - General
(A) Purpose. The Neighborhood Services, General district is designed to serve as a mixed use area of
medium intensity. Neighborhood Services, General promotes a walkable, pedestrian -oriented
neighborhood development form with sustainable and complementary neighborhood businesses that
are compatible in scale, aesthetics, and use with surrounding land uses. For the purpose of Chapter 96:
Noise Control the Neighborhood Services district is a residential zone.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
I Three (3) and four (4) family
dwellings
General Business
Unit 10
Unit 12b
Unit 24
Home occupations
Unit 41
Unit 44
Accessory Dwelling Units
Cluster Housing Development
Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses
shall need approval when combined with pre -approved uses.
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use
permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 13
Eating Places
Unit 16
Shopping Goods
Unit 19
Unit 25
Commercial recreation, small sites
Offices, Studios and Related '
Services
Unit 26
Multi -family dwellings
Unit 36
Wireless communication facilities
Unit 40
Sidewalk Cafes
Unit 45
Small Scale Production
Page 3 of 4
ADM 16-5631 EXHIBIT "A"
(C) Density. Eighteen (18) or less per acre.
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
All Dwellings 35 feet
All other uses I None
(2) Lot Area Minimum.
Single-family I 4,000 square feet
Two (2) family 3,000 square feet per
or more J dwelling unit
All other uses None
(E) Setback regulations.
Front
Side
Side -Zero Lot Line*
Rear
Rear when contiguous to
a single-family
residential district
A build -to zone
A setback of less than five
that is located
feet (zero lot line) is
between the front
permitted on one interior
property line and a
5 feet
side, provided a
None
15
line 25 ft. from the
maintenance agreement is
feet
front property line.
filed**. The remaining side
setback(s) shall be 10 feet.
(F) Building Height Regulations.
Building Height Maximum J 45 feet
(G) Minimum Buildable Street Frontage. 50% of the lot width.
Page 4 of 4
ADM 16-5631 EXHIBIT "B"
§162.01— Establishment/Listing
(M) Unit 12b. General Business,
(1) Description. Unit 12b consists of small-scale establishments offering commercial goods and
services that are accessible for the convenience of individuals living in residential districts, while
compatible in size, scale and appearance with the surrounding neighborhood. These uses shall be
subject to the regulations in Chapter 164. All uses classified under Unit 12b must be within a
building containing 8,000 square feet or less, excluding area dedicated to residential uses.
(2) Included Uses.
Personal services
-Day Care
• Dry cleaning
• Salon/Barber shop
• Tailoring
Retail
• Antique/home decor sales
• Apparel
^-f1e
• Art/Architectural supplies
• Bakery/Pastry shops
• Bicycle shop
• Bookstore
• Coffee shop
• Delicatessen
• Drugstore
• Florists
• Food specialty stores
• Grocery
l• Hardware store
• Health food store
• Hobby/Craft shop
• Ice cream
• Meat market
• Restaurant/Cafe
• Small Appliance Repair
Page 1 of 2
ADM 16-5631 EXHIBIT "B"
Page 2 of 2
• Stationary store
• Toy store
• Video rental
Professional Offices
• Accountant
• Architect
• Attorney
• Broker
• Business/Mgmt. Consultant
• Doctor
Page 2 of 2
Washington County, AR
I certify this instrument was filed on
02/24/2017 08:40:50 AM
and record in Real Estate
FilV?7
1
Kyrk
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
fa (479) 575-8323
Text File
File Number: 2016-0622
Agenda Date: 1/17/2017 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: B. 1
AMEND CHAPTERS 160, 161, 162, 164,166, 167, AND 169:
AN ORDINANCE TO AMEND CHAPTERS 160, 161, 162, 164, 166, 167, AND 169 OF THE
UNIFIED DEVELOPMENT CODE TO CREATE TWO NEW ZONING DISTRICTS: RESIDENTIAL
INTERMEDIATE - URBAN AND NEIGHBORHOOD SERVICES - GENERAL AND NEW USE
UNIT 12 B. GENERAL BUSINESS AND TO MAKE FURTHER CHANGES TO INCORPORATE
THESE AMENDMENTS INTO THE UNIFIED DEVELOPMENT CODE
WHEREAS, the City of Fayetteville determines that there are gaps in existing zoning districts to
accommodate a range of multi -unit housing types compatible in size and scale with single-family homes
that may help meet the growing demand for walkable urban living; and
WHEREAS, small to medium scaled commercial and mixed-use development that can exist to provide
neighborhood services and goods without allowing undesirable, unintended consequences may be
facilitated by adding new zoning options; and
WHEREAS, the City of Fayetteville has determined that the two new zoning districts and one use unit
would fill these gaps and encourage infill, revitalization, and traditional town form consistent with
adopted policy.
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 amends §160.01 Establishment of
Districts in the following manner:
"1) Rename RT -12, Residential Two (2) and Three (3) family to `RI, Residential Intermediate, Twelve
(12) Units Per Acre';
2) Insert `RI -U, Residential Intermediate - Urban' immediately after RI -12;
3) Rename NS, Neighborhood Services, to `NS -L, Neighborhood Services - Limited'; and
4) Insert `NS -G, Neighborhood Services - General' immediately after NS -L"
Section 2. That the City Council of Fayetteville, Arkansas hereby amends §160.01 Establishment of
Districts by repealing Residential, Commercial, and Industrial Planned Zoning District and enacting and
replacing them with "PZD, Planned Zoning District".
Section 3. That the City Council of Fayetteville, Arkansas hereby amends §§161.01(E) and 161.03(F) by
City of Fayetteville, Arkansas Page 1 Printed on 111812017
File Number.' 2016-0622
repealing the abbreviation "A-1" and replacing it with the abbreviation "R -A" for Residential
Agricultural.
Section 4. That the City Council of Fayetteville, Arkansas hereby amends §161.11 RT -12, Residential
Two (2) and Three (3) Family by renaming the district "RI -12, Residential Intermediate, Twelve
(12) Units Per Acre".
Section 5. That the City Council of Fayetteville, Arkansas hereby enacts "§161.12 RI -U, Residential
Intermediate - Urban" as shown in Exhibit "A" attached hereto and made a part hereof, and renumbers
all subsequent sections of Chapter 161 accordingly.
Section 6. That the City Council of Fayetteville, , Arkansas hereby amends §161.18 Neighborhood
Services by renaming the district "§ 161.18 NS -L, Neighborhood Services - Limited" and by
modifying the lot width minimum in §161.18(D)(1) to 35 feet for all dwelling types.
Section 7. That the City Council of Fayetteville, Arkansas hereby enacts §161.19 NS -G, Neighborhood
Services - General' as shown in Exhibit "A" attached hereto and made a part hereof, and renumbers all
other sections of Chapter 161 accordingly.
Section 8. That the City Council of Fayetteville, Arkansas hereby amends Chapter 161: Zoning
Regulations by replacing "Use Unit 12, Limited Business" with "Use Unit 12a, Limited Business" and
by replacing "Use Unit 10, Three (3) Family Dwellings with "Use Unit 10, Three (3) and Four (4)
Family Dwellings" in all zoning districts that allow these uses as a Permitted or Conditional Use.
Section 9. That the City Council of Fayetteville, Arkansas hereby amends Chapter 161: Zoning
Regulations by enacting and inserting Use Unit 41: Accessory Dwellings as a Permitted Use in the
following zoning districts:
"RI -12, Residential Intermediate Twelve (12) Units Per Acre
RMF -6, Residential Multi -Family, Six (6) Units Per Acre
RMF -12, Residential Multi -Family, Twelve (12) Units Per Acre
RMF -18, Residential Multi -Family, Eighteen (18) Units Per Acre
RMF -24, Residential Multi -Family, Twenty -Four (24) Units Per Acre
RMF -40, Residential Multi -Family, Forty (40) Units Per Acre
R -O, Residential Office
CS, Community Services
DC, Downtown Core
MSC, Main Street/Center
DG, Downtown General"
Section 10. That the City Council of Fayetteville, Arkansas hereby amends Chapter 162: Use Units by
enacting and inserting "(M) Use Unit 12b. General Business" as shown on Exhibit `B" attached hereto
and made a part hereof, and re -lettering all subsequent sections accordingly.
Section 11. That the City Council of Fayetteville, Arkansas hereby amends the table and (J) of §
162.01 to replace Use Unit 10. "Three (3) family dwellings" with Use Unit 10. "Three (3) and four (4)
family dwellings", to modify the Description in (1) and Included Uses in (2) to refer to "three (3) and
four (4) family dwellings," and to remove Townhouse development and tri-plexes from the Included
City of Fayetteville, Arkansas Page 2 Printed on 111812017
File Number: 2016-0622
Uses.
Section 12. That the City Council of Fayetteville, Arkansas hereby amends §162.01 to replace "Use Unit
12. Limited Business" with "Use Unit 12a. Limited Business".
Section 13. That the City Council of Fayetteville, Arkansas hereby amends §162.01 (Z)(1) Description
by replacing "three attached dwellings" with "four attached dwellings" and to amend (Z)(2) by renaming
it "Included Uses" and changing the "Townhouse" reference to "more than four attached units."
Section 14. That the City Council of Fayetteville, Arkansas hereby amends §162.01 (L), Limited
Business and (0) Unit 15, Neighborhood Shopping Goods to add the following language to the end of
the Description section:
"...excluding areas dedicated to residential uses."
Section 15. That the City Council of Fayetteville, Arkansas hereby amends §164.11(A) by striking the
abbreviation "RT -12" and replacing it with the abbreviation "RI."
Section 16. That the City Council of Fayetteville, Arkansas hereby repeals §166.01(F)(1)(b) and (2)(a)
and enacts with the following replacement language:
"§166.01(F)(1)(b) Requirement. The construction of more than two (2) single-family residences on one
(1) lot within any zoning district other than a single-family district.
§ 166.01(F)(2)(a) Excluded Developments. The construction of two (2) single-family residences, an
addition to a single-family residence, or an accessory structure for a single-family residence shall be
exempt from the site improvement plan requirements."
Section 17.
That the City Council of the
Fayetteville, Arkansas
hereby amends §167.04(C) Canopy
Area, Table
1, by renaming "RT -12, Two and Three-family
Residential" to "RI -12, Residential
Intermediate,
Twelve (12) Units Per Acre",
by renaming "NS,
Neighborhood Services" to "NS -L,
Neighborhood
Services - Limited" and by
enacting and inserting "RI -U, Residential Intermediate -
Urban" and
"NS -G, Neighborhood Services -
General" adjacent to
their most similar districts with the
following percent minimum canopy:
"RI -U, Residential Intermediate - Urban: 15%
NS -G, Neighborhood Services - General: 20%"
Section 18. That the City Council of Fayetteville, Arkansas hereby amends §169.03(B)(4) by repealing
and replacing it with the following language:
"§169.03(B)(4) Exceptions Where No Grading Permit Is Required. Single-Family/Duplex. Construction
of up to two (2) single-family residences on a single lot, or duplex not located within the one hundred
(100) year flood plain, the Hillside/Hilltop Overlay District, or on a slope 15% or greater."
City of Fayetteville, Arkansas Page 3 Printed on 1/18/2017
I
City of Fayetteville Staff Review Form
2016-0622
Legistar File ID
12/20/2016
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jeremy Pate 12/2/2016 City Planning /
Development Services Department
Submitted By Submitted Date Division / Department
Action Recommendation:
ADM 16-5631: Administrative Item (UDC CHAPTERS 161 & 162 AMENDMENTS): Submitted by PLANNING STAFF for
revisions to several chapters in the Unified Development Code. The proposal is to create two new zoning districts, a
new use unit, and include accessory dwellings as a permitted use in several existing districts. The intent of the code
changes are to facilitate greater flexibility in medium -intensity commercial and medium -intensity urban residential
development.
Account Number
Project Number
Budgeted Item? NA
Does item have a cost? No
Budget Adjustment Attached? NA
Budget Impact:
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Fund
Project Title
0
V20140710
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
Approval Date:
CITY OF
i .
ayT e
ARKANSAS
MEETING OF DECEMBER 20, 2016
TO: Fayetteville City Council
CITY COUNCIL AGENDA MEMO
THRU: Andrew Garner, City Planning Director
FROM: Jonathan Curth, Senior Planner
DATE: December 2, 2016
SUBJECT: ADM 16-5631: Administrative Item (UDC CHAPTERS 161 & 162
AMENDMENTS): Submitted by PLANNING STAFF for revisions to several
chapters in the Unified Development Code. The proposal is to create two
new zoning districts, a new use unit, and include accessory dwellings as a
permitted use in several zoning districts. The intent of the code changes
are to facilities greater flexibility in medium -intensity commercial and
medium -intensity urban residential development.
RECOMMENDATION:
The Cty Planning staff and Planning Commission recommend approval of an ordinance to amend
UDC Chapters 161: Zoning Regulations and 162: Use Units.
BACKGROUND:.
Over the past year Planning staff has.received feedback from developers, Commissioners, and
Alderman that the current zoning districts in the City of Fayetteville need to broadened to provide
sufficient flexibility to adequately pursue the goals laid out in City Plan 2030, particularly with
regards to the pursuit of appropriate infill and traditional town form. In the interest of facilitating
development that is complementary to the City's goals, staff developed the two new zoning
districts and a related use unit outlined below:
The first zoning district, RT -U, Residential Two and Three Family — Urban, is proposed as a
tool to foster infill development in an urban pattern. Staff envisages this district increasing density
and housing opportunities in areas with existing services and facilities. A frequent concern in
urban areas nationwide, and not an uncommon complaint in Fayetteville, is that there is little in
the way of housing variety between detached single-family homes and larger multi -family
developments. The RT -U zoning district can potentially address and ameliorate this `missing
middle' and provide another option for attainable housing.
The second proposed district, NS -G, Neighborhood Services - General, seeks to address
applicant, staff, Commissioner, and Alderman concerns with recommending commercial and
mixed-use zoning districts that are compatible in residential neighborhoods, but allow enough
intensity to be commercially viable. The most frequent instance of this has been the request for
CS, Commercial Services rezonings to allow for specific residentially -sensitive commercial uses
that need a greater building size than the 3,000 square feet allowed in NS, Neighborhood
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
ADM 16-5631 EXHIBIT "A"
§161.12 - District RI -U, Residential Intermediate - Urban
(A) Purpose. The RI -U Residential District is designed to permit and encourage the development of
detached and attached dwellings in suitable environments, to provide a range of housing types
compatible in scale with single-family homes and to encourage a diversity of housing types to meet
demand for walkable urban living.
(B) Uses.
(1) Permitted Uses.
Unit I City-wide uses by right
Unit8 Single-family dwellings
Unit 9 Two (2) family dwellings
._ ......... ..._........ ............_....................................................................................
Unit 10 Three (3) and four (4) family dwellings
Unit 41 Accessory Dwellings
Unit 44—'r Cluster Housing Development
(2) Conditional Uses.
Unit 2 I
City-wide uses by conditional use
permit
Unit 3 j
..__........
Public protection and utility facilities
Unit 4
_._..... ............ ...... ........... ........ _..... ..... ... __,.,.,_..
Cultural and recreational facilities
Unit 5
Government facilities
Unit 12a
Limited business
Unit 24 F
vmm
Home occupations
_-_------- --_._. -.....
Unit 26
r.....__-_.....__..__..._._._.................................................._
Multi -family Dwellings
Unit 36
_.............
Wireless communications facilities
(C) Density. None.
(D) Bulk and Area Regulations..
Dwelling (all types)
Lot width minimum 18 feet
Lot area minimum None
Page 1 of 4
ADM 16-5631 EXHIBIT "A"
(E) Setback Requirements.
Front
Side
Side i
;Single &
j Rear
Rear, from
Other
(2)
Other
centerline of
Uses !Two
family
Uses
�
an alley
A build -to zone that
is located between
the front property
line and a line 25 feet
None ' S feet
5 feet
12 feet
from the front
property line.
(F) Building Height Regulations.
Building height maximum 30/45 feet
*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 60% of the total lot area.
(H) Minimum Buildable Street Frontage. 50% of the lot width.
Page 2 of 4
V
ADM 16-5631 EXHIBIT "A"
§161.19 - Neighborhood Services - General
(A) Purpose. The Neighborhood Services, General district is designed to serve as a mixed use area of
medium intensity. Neighborhood Services, General promotes a walkable, pedestrian -oriented
neighborhood development form with sustainable and complementary neighborhood businesses that
are compatible in scale, aesthetics, and use with surrounding land uses. For the purpose of Chapter 96:
Noise Control the Neighborhood Services district is a residential zone.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 9
_ ^ Two-family dwellings
_..._......___.___._.........._.,...,...._
.... ........__...... ........... _.................... _..______ ........_.__._._._.__.
Three (3) and four (4) family
Unit 10
dwellings
Unit 12b I
General Business
_._..._.._......... _..... .._...._.......... _,...............
Unit 24
.
Home occupations
Unit 41
Accessory Dwelling Units
Unit 44
_ ................... .._.._.._........... ... ...... _.... .... ......... ............... _.
Cluster Housing Development
Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses
shall need approval when combined with pre -approved uses.
(2) Conditional Uses.
City-wide uses by conditional use
Unit 2
permit
-.........._......_..............._.._......_....._.............. ._.... _......... ........... _....... _._-----_.
_._................_..........._._............
Unit 3
Public protection and utility facilities
Unit 4
Cultural wand recreational facilities
Unit 5
..... ...... -................................. ............................ ................................. ............ .......................... .................
Government facilities
Unit 13__.._.
Eating �Places
_..............
Unit 16
............... ....... _................. _. _.......................
Shopping Goods
Unit 19
Commercial recreation, small sites _
Offices, Studios and Related
Unit 25
Services
Unit 26����
Multi -family dwellings�ryry�
;.._._._._..._..............__..._._.........._.......
Unit 36
...__.... ....... .......... _...... _._... W................_..._... ... _..... _........
Wireless communication facilities
Unit 40
Sidewalk Cafes����
Unit 45
Small Scale Production
Page 3 of 4
I
ADM 16-5631 EXHIBIT "A"
(C) Density. Eighteen (18) or less per acre.
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
All Dwellings 35 feet
All other uses None
(2) Lot Area Minimum.
Single-family 4,000 square feet
_ Two (2) family 3,000 square feet per
or more dwelling unit
All other uses None
(E) Setback regulations.
E Rear when contiguous to
Front Side i Side -Zero Lot Line* Rear a single-family
residential district
3 ' A setback of less than five
A build -to zone
feet (zero lot line) is
that is located permitted on one interior
between the front
property line and a 5 feet € side, provided a None 15
maintenance agreement is i feet
line 25 ft. from the
1 I filed". The remaining side
front property line. setback(s) shall be 10 feet.
(F) Building Height Regulations.
Building Height Maximum 45 feet
(G) Minimum Buildable Street Frontage. 50% of the lot width.
Page 4 of 4
ADM 16-5631 EXHIBIT "B"
§162.01 — Establishment/Listing
(M) Unit 12b. General Business,
(1) Description. Unit 12b consists of small-scale establishments offering commercial goods and
services that are accessible for the convenience of individuals living in residential districts, while
compatible in size, scale and appearance with the surrounding neighborhood. These uses shall be
subject to the regulations in Chapter 164. All uses classified under Unit l2b must be within a
building containing 8,000 square feet or less, excluding area dedicated to residential uses.
(2) Included Uses.
Personal services
-Day Care
• Dry cleaning
• Salon/Barber shop
• Tailoring
Retail
• Antique/home decor sales
—
• Apparel
Art/Architectural supplies
• Bakery/Pastry shops
r....
_ _
_ Bicycle shop
• Bookstore
_ _-
...... _... .
• Coffee shop
• Delicatessen
.Drugstore
• Florists
....................... .__........................ _........................ .................................................
_............ _................ ........... ...........
• Food specialty stores
• Grocery
_.._
.... _.... �__.__
Hard__...�..T�. _...._
ware store
Health food store
• Hobby/Craft shop
lee cream
. ......_...........
_
u.... _. _._..__........... __
• Meat market
_,....... ........ .._...... e..... .......
__.
• Restaurant/Cafe
Small Appliance Repair
Page 1 of 2
a
ADM 16-5631 EXHIBIT "B"
• Stationary store 1
........... _..... _ ......._..:.._. _. . __ ........................ .
• Toy store
_......._.._.....__. _ _— __ __--___.._..__..___-___...__.._..:
• Video rental
Professional Offices • Accountant
• Architect
• Attorney
• Broker
• Business/Mgmt. Consultant
�� • Doctor
Page 2 of 2
Services. Given the allowance of buildings as large as 25,000 square feet and uses like gas
stations and drive-through restaurants in the CS zoning district, this presents potential
compatibility issues. The proposed NS -G zoning district and associated Use Unit 12b address
these concerns by creating a form -based district with uses determined to be residentially -sensitive
and in structures of appropriate size. These code changes are part of a continual effort to calibrate
our zoning code to the market, development trends, and adopted City policy. The new districts
and use unit provide more refined tools in the City's zoning district `toolkit,' encouraging a greater
degree of compatibility and transition in specific contexts.
DISCUSSION:
This item was discussed at the November 14, 2016 Planning Commission meeting where it was
tabled. The commission requested staff to evaluate several of the secondary elements in the
proposed NS -G zoning district and existing NS zoning district, including street frontage
requirements and the use unit distinction between three- and four -family units. These topics were
fully discussed internally within the City Planning Division and after further review revisions were
made to reduce the street frontage requirement for two-family dwelling units to the same 35 feet
required for single-family dwellings, and modify Use Unit 10 to include both three- and four -family
dwellings.
On November 28, 2016 the Planning Commission recommended including three- and four -family
dwellings in the 35 -foot street frontage requirement shared by one- and two-family dwellings. Staff
again revisited the requirement and agreed, revising the NS -G and NS zoning districts' street
frontage requirements accordingly.
On November 28, 2016 the Planning Commission forwarded staff's proposal to the City Council
with a recommendation for approval with a vote of 9-0-0.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Proposed code changes as shown in strikethrough/highlight
• Planning Commission Staff Report
• Exhibit `A':
o Proposed §161.12 District RT -U, Residential Two (2) and Three (3) UDC 164.19
o Proposed §161.19 District NS -G, Neighborhood Services — General
• Exhibit `B':
o Proposed §162.01 Use Unit 12b. General Business
CHAPTER 160: ZONING DISTRICTS
160.01 - Establishment Of Districts
The following zoning districts are hereby established:
ZONING DISTRICTS
R-A�
Residential -Agricultural
RSF-.5
Residential Single-family - One Half (%) Unit per Acre
RSF-1
Residential Single-family- One (1) Unit per Acre
RSF-2
Residential Single-family - Two (2) Units per Acre
RSF-4
Residential Single-family - Four (4) Units per Acre
RSF-7
Residential Single-family - Seven (7) Units per Acre
RSF-8
Residential Single-family - Eight (8)Units per Acre
RSF-18
Residential Single-family - Eighteen (18) Units per Acre
RI -12
Residential Intermediate, Twelve( 2) Units per Acre
.. ........ .. ..... ....:.. ....... .... _............ ._.................. _.......... ........: ..........
Residential Intermediate - Urban
.... _... ..
RI_U
RMF -6
......... ....
Residential Multi -family - Six (6) Units per Acre
RMF -12
..:_._.__.._...... _...... .....___.._.._........._:..:::...:.:_ ..;_
Residential Multi -family - Twelve (12) Units per Acre
RMF -18
Residential Multi -family - Eighteen (18) Units per Acre
RMF -24
Residential Multi -family - Twenty -Four (2.4) Units per Acre
RMF -40
Residential Multi -family -Forty (40) Units per Acre
r R -O
Residential -Office
r NS -L
Neighborhood Services -limited
NS -G
Neighborhood Services - General
C-1
Neighborhood Commercial
CS
_._._...._._...... ......... _.._..____._........... .............. __......a
Community Services
__..___._—
C-2
_...__._._.________o.._-.__._..._._......_._....._... _..__......._._.___...._,
� _____ Thoroughfare Commercial
C-3
Central Business Commercial
UT
Urban Thoroughfare
_
DC
Downtown Core
MSC
Main Street Center
DG�
Downtown General
._ .................._...... .... ............... ........... ......
NC
.......... ....,...._........-.....-_...„._....._......._........................ _................... ___.........................:........_.....-............................,...............::...................................................
Neighborhood Conservation
I-1
Heavy Commercial and Light Industrial
1-2
_
.............
General Industrial
_
P-1
Institutional
E-1
Extraction j
DOD
Design Overlay District
C PZB ( ! DI- Red Inn nn QiStFin+
PZD Planned Zoning District
(Code 1965, App. A., Art. 5; Ord. No. 1747, 6-29-70; Ord. No. 3115, 9-3-85; Ord. No. 3128, 10-1-85; Code 1991,
§§160.015, 160.048; Ord. No. 3792, §1, 5-17-94; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4325, 7-3-01; Ord. No.
4930, 10-03-06; Ord. No. 5312, 4-20-10; Ord. No. 5824, § 1, 11-17-15)
CHAPTER 161: ZONING REGULATIONS
Sections:
161.01
Application of District Regulations
161.02
Zoning Compliance and Business License
161.03
District R -A, Residential -Agricultural
161.04
District RSF-.5, Residential Single -Family — One Half (%) Unit Per Acre
161.05
District RSF-1, Residential Single -Family — One (1) Unit Per Acre
161.06
District RSF-2, Residential Single-Family—Two (2) Units Per Acre
161.07
District RSF-4, Residential Single -Family — Four (4) Units Per Acre
161.08
District RSF-7, Residential Single -Family — Seven (7) Units Per Acre
161.09
District RSF-8, Residential Single -Family — Eight (8) Units Per Acre
161.10
District RSF-18, Residential Single -Family — Eighteen (18) Units Per Acre
161.11
District 'RI -12. -Residential Intermediate - Tweive f 12) Units Per Acre
161.12
District R1=U. Residehtial Intermediate; Urban
161.13
District RMF -8, Residential Multi -Family — Eight 8) Units Per Acre
161.14
District RMF -12, Residential Multi -Family —Twelve (12) Units Per Acre
161.15
District RMF -18, Residential Multi -Family — Eighteen (18) Units Per Acre
161.16
District RMF -24, Residential Multi -Family — Twenty -Four (24) Units Per Acre
161.17
District RMF -40, Residential Multi -Family — Forty (40) Units Per Acre
161.18
Neighborhood Services —Limited
161.19
Neighborhood Services - General
161.20
District R -O, Residential Office
16121
District C-1, Neighborhood Commercial
161.22
Community Services
161.23
District C-2, Thoroughfare Commercial
161.24
Urban Thoroughfare
16125
District C-3, Central Commercial
161.26
Downtown Core
161.27
Main Street/Center
161.28
Downtown General
161.29
Neighborhood Conservation
161.30
District 1-1, Heavy Commercial and Light Industrial
161.31
District 1-2, General Industrial
161.32
District P-1, Institutional
161.33
District E-1, Extraction
161.34
Reserved
161:35
Planned Zoning Distrct
161.36-161.99 Reserved
161.01 - Application Of District Regulations
Minimum Regulations/Exceptions. The regulations set by this chapter within each district shall be minimum regulations
and shall apply uniformly for each class or kind of structure or land, except as hereinafter provided:
(A) General. No building, structure, or land shall hereafter be used or occupied, and no building or structure or part
thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformity
with all the regulations herein specified for the district in which it was located.
(B) Limitations. No building or other structure shall hereafter be erected or altered:
(1) Heighti8ulk. To exceed the height or bulk;
(2) Number of Units. To accommodate or house a greater number of units;
(3) Lot Area. To occupy a greater percentage of lot area;
(4) Setback/Open Spaces. To have narrower or smaller rear setbacks, front setbacks, side setbacks, or other
open spaces than herein required; or
(5) Other. In any other manner contrary to the provisions of this chapter.
(C) Independent Compliance. No part of a setback, or other open space, or off-street parking or loading space
required about or in connection with any building for the purpose of complying with this chapter shall be included
as part of a setback, open space, or off-street parking or loading space similarly required for any other building.
(D) Effective Date. No setback or lot existing on June 29, 1970, shall be reduced in dimension or area below the
minimum requirements set forth herein. Setbacks or lots created after June 29, 1970, shall meet at least the
minimum requirements established by this chapter.
(E) Annexation. All territory which may hereafter be annexed to the city shall be considered to be in District A-1- R=A
until the territory is rezoned as provided herein.
(F) Measuring Setbacks.
(1) Front. Measured from the street right-of-way, or street right-of-way setback as required by the Master Street
Plan.
(2) Side. Measured from the side property line.
(3) Rear. Measured from the rear property line.. _
(4) Corner. A corner lot has two fronts and two sides.
(G) Conditional Uses. These uses are permissible if approved by the Planning Commission. See Chapter 163, Use
Conditions.
(H) Authorized Construction/Use. Permits issued on the basis of plans and applications approved by the Zoning and
Development Administrator or Planning Commission authorize only the use, arrangements, and construction set
forth in such approved plans and applications, and.no other use, arrangement, or construction.
(Code 1965, App. A., Art. 3; Ord. No. 1747, 6-29-70; Code 1991, §160.016; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord.
No. 5425, 8-2-11)
161.02 -.Zoning Compliance And Business License .
(A) Required. It shall be unlawful to use or occupy or permit the use -or.occupancy of any building or -premises, or
both, or part thereof hereafter created, erected, changed, converted,.or wholly or partly �gItered, or enlarged in its
use_ or structure until a business license has been issued by the Zoning and Development Administrator stating
that the proposed use of the building or land conforms to the requirements.of this chapter.
(B) Conforming Uses. Uses permitted within the underlying zoning district shall be eligible for a business license,
subject to §118 of the Fayetteville Code.
(C) Nonconforming Uses.
(1) Uses within the following use unit categories established prior to September 7, 2010 and operating in a
zoning district that does not currently allow the use, are for the purposes, of zoning compliance determined
to be an existing nonconforming use, may continue to operate and are eligible to obtain a city business
license. The exemption shall not be construed as relieving the owner or operator of such business from the
regulations of the business license ordinance, including grounds forsuspension and revocation, or from any
other applicable federal, state, or city regulations.
Use Units
--------- ..--_e_ -- _......,...-_--- _... _. _..M.a.
3 Public protection facilities
..... .................... ............... ... ........ ......
4 € Cultural and recreational facilities i
:............._.......:...........__....._..........._...:......_.._.............................._.._......._.._............. ._.......
...._......__....._j
5 Government facilities
_......_.._._.._.._..__....._....._...-
6 ? Agricultural
�7 Animal husbandry
12 i Limited business
13��- Eating places
15 Neighborhood shopping goods
24 Home occupation !
_J
25 Offices, studios, and related services
(2) Uses within the following use unit categories established prior to July 15, 2003 and operating in a zoning
district that does not currently allow the use, are for the purposes of zoning compliance determined to be an
existing nonconforming use, may continue to operate and are eligible to obtain a city business license. The
exemption shall not be construed as relieving the owner or operator of such business from the regulations
of the business license ordinance, including grounds for suspension and revocation, or from any other
applicable federal, state, or city regulations.
Use Units
2 City-wide uses by conditional use permit
14 ? Hotel, motel and amusement facilities
16 Shopping goods
... ......... ..I.. ....... __...................... ....... ._._._-_ _.._---____._..__......_........._............................ _... _...................
.
.171 Transportation trades and services
18 ; Gasoline service stations & drive in/drive
19 Commercial recreation, small sites
20 Commercial recreation, large sites
21 Warehousing and wholesale
22 ' Manufacturing 3
23 Heavy industrial]
___(
27 Wholesale bulk petroleum storage facilities with
28 Center for collecting recyclable materials
29 Dance halls l
30 Extractive uses
31 Facilities emitting odors/handling explosives
32Sexually oriented businesses
33 Adult live entertainment club or bar
34 _ Liquor stores
35 Outdoor music establishments
36 Wireless communications facilities
...........__.......:.. ..... _.............................................................:::..::..........................................::.........................
38 ; Mini -storage units
39 ' Auto salvage and junk yards
_......_...... ...... ..... ..........._
40 Sidewalk cafes
42 Clean technologies
43 Animal boarding and training
I
(3) Businesses operating in a zoning district that does not allow the use and that cannot provide proof of their
establishment in accordance with the criteria above are declared to be incompatible with permitted uses and
shall not hereafter continue except in conformity with the regulations of the district in which it is located.
These businesses shall not be eligible to obtain a city business license until or unless they are brought into
compliance with the zoning district regulations.
(Code 1965, App. A., Art. 9(3),(5); Ord. No. 1747, 6-29-70; Code 1991, §§160.192, 160.194; Ord. No. 4100, §2 (Ex.
A), 6-16-98; Ord. No. 5425, 8-2-11)
161.03 - District R -A, Residential -Agricultural
(A) Purposes . The regulations of the agricultural district are designed to protect agricultural land until an orderly
transition to urban -development has been accomplished; prevent wasteful scattering of development in rural
areas; obtain economy of public funds in the providing of public improvements and services of orderly growth;
conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve
open space.
(B) Uses.
(1) Permitted Uses
Unit 1
City-wide uses by right
Unit 2
__............... -------- _._........____ _
_.._._.....
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit
Agriculture
Unit 7
Animal husbandry.
Unit 8
Single-family dwellings
Unit 9
....._....._•... ._................. _.............. _..... ......... ...... ..........
Two-family dwellings
Unit 37
Manufactured homes
__....._.__ ..:..............
Unit 41
..._...... ._..._.......... ... .._......._......_..... .......... ......._.._......_.... ............... 1111.... _..... .. ,
Accessory dwellings
_._............ ..............
Unit 43
.._ _ _1111__ - ......... .............
Animal boarding and training
(2)
Conditional Uses.
Unit 2
__............... -------- _._........____ _
_.._._.....
City-wide uses by conditional use permit
Unit 4
Cultural and recreational facilities
Unit 5 ?
Government facilities
Unit 20 '
Commercial recreation, large sites
Unit 24
_.:..................
Home occupations
............... _.._..... _.............. _.............................. ............... .....1111.... ..........
Unit 35 ;
.................
Outdoor Music Establishments
..... ... ._.._"....__..... ................. ......_._....._..___.____.__.............. __1.11 ..............
_._.._....___
Unit 36
_
Wireless communications facilities
.......................
Unit 42
... ............................................................_
Clean technologies
(C) Density.
_.....,,...,...;.._._....................._........................._........__._................
Units per acre One-half ('/2)
fs
(D) Bulk and Area Regulations.
(E) Setback Requirements.
Front Side Rear
35 feet..................'...__............_20 feet......... ° 35...feet.....................
__
(F) Height Requirements. There shall be no maximum height limits in the A-4 RR=A District, provided, however, that
any building which exceeds the height of 15 feet shall be setback from any boundary line of any residential district
a distance of 1.0 foot for each foot of height in excess of 15 feet. Such setbacks shall be measured from the
required setback lines.
(G) Building area. None.
(Code 1965, App. A., Art. 5(1); Ord. No. 1747, 6-29-70; Code 1991, §160.030; Ord. No. 4100, §2 (Ex. A), 6-16-98;
Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5195, 11-6-08; Ord. No. 5238, 5-5-
09; Ord. No. 5479, 2-7-12)
161.08 - District RSF-7, Residential Single -Family - Seven (7) Units Per Acre
(A) Purpose The RSF-7 Residential District is designed to permit and encourage the development of detached
dwellings in suitable environments.
(B) Uses.
(1) Permitted Uses.
.._... _ .._....:.........._.......__...... ...... .......................... _____ ............ __........ ........_:..._.,..... _.
Unit 1City-wide uses by right
...._...._._.._......._.._......._.._-._...._...._........._................ ......... .... _..........._.
Unit 8 Single-family dwellings
.......... ..._........._.... .................... ................ ........... ._......___...._..._._...._...._.__.._..
Unit 41 _ Accessory dwellings
(2)
Conditional Uses.
Unit 2
..................._._.__._._..______ _...._._._.__ ..w
:City-wide uses by conditional use permit
_.- ......................
Unit 3
.......:..._.___.____...._..._.._..._.....__._..... __.__..v__.__..._._.W
Public protection and utility facilities
Unit 4
................ _.__.:.._-_......
Cultural and recreational facilities
Unit 5
Government facilities
µUnit 9..
Two family dwellings
S
Unit 12a Limited business
Unit 24 Home occupations
Unit 36 Wireless communications facilities
Unit 44 Cottage Housing Development
(C) Density.
Single-family dwelling units per acre 7 or less
(D) Bulk and Area _Regulations.
(E) Lot Width Minimum.
.._...................... 2._.,---........._._................,,....----_.,,_ ,..._...,»_. �_
Single-family 60 feet
Two-family 60 feet
Townhouse, no more than two (2) attached 30 feet
(F) Lot Area Minimum.
Single-family 6,000 square
feet
Two-family 6,000 square
feet
Townhouse, no more than two (2) 3 000 square
attached feet
(G) Land Area Per Dwelling Unit.
Single-family
6,000 square
feet
.......... ................................................. ._................... .......... ......._ _................
Two-family
_. _....
3,000 square
feet
Townhouse, no more than two (2)
3,000 square
attached
feet
(H) Setback Requirements
Front Side Rear j
15 feet 5 feet ~ _.._ 15 feet
(I) Building Height Regulations.
Building Height Maximum ; 45 feet
Height Regulations. Structures in this District are limited to a building height of 45 feet. Existing structures that
exceed 45 feet in height shall be grandfathered in, and not considered nonconforming uses.
(J) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area.
(Code 1991, §160.046; Ord. No. 3792, §4, 5-17-94; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord.
No. 4858, 4-18-06; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10;
Ord. No. 5462, 12-6-11)
161.07 - District RSF-4, Residential Single -Family - Four (4) Units Per Acre
(A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density
detached dwellings in suitable environments, as well as to protect existing development of these types.
(B) Uses.
(1) Permitted Uses.
Unit 1 City-wide uses by right
Unit 8 _ ............._:_........_Single-family dwellings
.:.............................:..................... s _ .
Unit 41 Accessory dwellings
............._._.._:.:...:..._:......_..__,...................................................................................._...._._....._.........................._........_..............
(2)
Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
f......_ ..............._..........._
Unit 4
.:..._.. ............. _...... """"-......._........... _............_............... -......... _............ .......... .......:............_:............... .
Cultural and recreational facilities
UriiY 5
.............................................................
Government facilities
.
Unit 9Two-family
........... ................................. .. ...... ..................
dwellings
........ ........ ........ ....._._........ .................
Unit 12a........_.
....
Unit 24
..........::...:.._................_Limited...business
....................................................
occupations.
Unit 36
___......_ _......_.._.._._Home
_._.........__.
Wireless communications facilities
Unit 44
....._.._.......
........... _.._......... _.... .............. ..__._..___.._....._ ... _._.......................__.._..__.
Cottage Housing Development
:----- ---------------- -___..____._._.___......__..._.._.._._..._.._....__-______
(G) Density.
Single-family Two (2) family
dwellings dwellings
Units per acre 4 or less 7 or less
(D) Bulk
and Area Regulations.
Single-family Two (2) family
dwellings dwellings
Lot minimum I70 feet 80 feet
width
Lot area 8,000 square 12,000 square
minimum feet _ feetµ
Land area per ' 8,000 square 6,000 square
dwelling unit r
feet
_ .
,....___..... _.... _.------ -------
feet
Hillside Overlay
Hillside
Unit 4
Cultural and recreational facilities
District Lot
60 feet i
70 feet
minimum width
Unit 12a `
Limited business
Hillside Overlay I8,000
square-
12,000 square
District Lot
feet i
feet
area minimum
... _...... .._,.__._..._._________.___....
Land area per
..... .... ,...
8,000 square ?
__,............ ..__....._..._........ ... ....
6,000 square
dwelling unit
feet
feet
(E) Setback Requirements.
_ ............ _,....
Front Side Rear
.... ...... .... ......._._......... ......_....__..._...............
?.
15 feet 5 feet_..._....._. _?_._.__.........._1._5 feet 4
___....._.._._._.:...__. _.......
(F) Building Height Regulations.
Building Height Maximum 45 feet
Height Regulations. Structures in this District are limited to a building height of 45 feet. Existing structures that
exceed 45 feet in height shall be grandfathered in, and not considered nonconforming uses.
(G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot.
(Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-06; Ord. No.
5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312,4-20-10; Ord. No. 5462, 12-6-11)
161.08-.Disirict. RSF-7, Residential Single -Family -Seven (7) Units Per Acre
(A) Purpose The RSF-7 Residential District is designed to permit and encourage the development of detached
dwellings in suitable environments.
(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 12a `
Limited business
Unit 24
Home occupations
Unit 36
Wireless communications facilities
rI
Unit 44 Cottage Housing Development
(C) Density.
Single-family dwelling units per acre 7 or less
(D) Bulk and Area Regulations.
(E) Lot Width Minimum.
Single-family
160 feet
_
Two-family 60 fee
Townhouse, no more than two (2) attached 30 feet
(F) Lot Area Minimum.
Single-family
6,000 square
feet
Two-family
6,000 square
feet
Townhouse, no more than two (2)
3,000 square
attached
feet
(G) Land Area Per Dwelling Unit.
Single-family
6,000 square
feet
- Two-family
3,000 square
feet
Townhouse, no more than two (2)�
attached
3,000 square
feet
(H) Setback Requirements.
FrontSide
Rear
15 feet 5 feet
15 feet
(I) Building Height Regulations.
Building Height Maximum
45 feet
Height Regulations. Structures in this District are limited to a building height of 45 feet. Existing structures that
exceed 45 feet in height shall be grandfathered in, and not considered nonconforming uses.
(J) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area.
(Code 1991, §160.046; Ord. No. 3792, §4, 5-17-94; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord.
No. 4858, 4-18-06; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10;
Ord. No. 5462, 12-6-11)
161.09 - District RSF-8, Residential Single -Family - Eight (8) Units Per Acre
V
(A) Purpose. The RSF-8 Residential District is designed to bring historic platted development into conformity and to
allow for the development of new single family residential areas with similar lot size, density, and land use as the
historical neighborhoods in the downtown area.
(B) Uses.
(1) Permitted Uses.
Unit 1 City-wide uses by right
I
Unit 8 € Single-family dwellings i
.._._.............._.....__._._......................... _-........._.......................
.__......__..._.._ .<. --
Unit 41 I Accessory dwellings 6
(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 1
Two-family dwellings
Unit 12a
Limited business
Unit 24
Home occupations
Unit 36
Wireless communications facilities
Unit 44
Cottage Housing Development
(C) Density.
I By Right
Single-family dwelling uniis
per acre 1 8 or less
(D) Bulk and Area Regulations.
(1) Lot Width Minimum
I
Townhouse, no more than two (2) 2,500 square
attached feet
(E) Setback Requirements.
Front Side Rear
15 feet 5 feet 5 feet
(F) Height Regulations.
Building Height Maximum 45 feet
(G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area, except when a
detached garage exists or is proposed; then the area occupied by all buildings shall not exceed 60% of the total
lot area.
(Ord. No. 4783, 10-18-05; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-
20-10; Ord. No. 5462, 12-6-11)
161.10 - District RSF-18, Residential Single -Family - Eighteen (18) 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�j
Unit 41 Accessory dwellings
(2)
Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities -_...i
Unit 4
Cultural and recreational facilities
mm Unit 5
„
Government facilities
Unit 9
Two-family dwellings
Unit 12a I
_._W...__... ........ ___.._.._....__________.._,
Limited business i
Unit 24 '
Home occupations
Unit 36
Wireless communications facilities
Unit 44
Cottage Housing Development
(C) Density.
Units per acre
Eighteen (18) or less
(D) Bulk and Area Regulations
(1) Lot Width Minimum.
Side
Single-family
i 30 feet
Two 2 family
30 feet
(2) Lot Area Minimum.
€
Townhouses: individual lot
1 250 square feet
Single-family
2,500 square feet
Two-family
_..._..__.._.....,. ,..................
2,000 square feet
(E) Setback Requirements
Front
Side
Side -Zero Lot Line* I Rear
A build -to
A setback of less than Y ~
zone that is
€
five feet (zero lot line)
located
5 feet
is permitted on one
between the
interior side, provided
front property
- on
both
a maintenance S i
`feet
line and a line
agreement is filed**.
25 ft. from the
;sides
The remaining side
front property
!
setback(s) shall be 10 i
line.
feet.
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 35 feet
(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.
(Ord. No. 5800, § 2(Exh. B), 10-6-15; Ord. No. 5824, § 2, 11-17-15)
161.11 - District R1-12, Residential Intermediate, Twelve (12) Units Per Acre
(A) Purpose. The RI -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
.............................. _............ ............ .............:............................ ........... _...... ...................... ................_.........................
I
Unit 8 Single-family dwellings _..
Unit 9 Two (2) family dwellings
Unit 10 Three (3) and four (4) family dwellings
unit 41 Accesss ory 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
Unit 5
Government facilities
Unit 12a
Limited business
Unit 24
Home occupations
Unit 36
Wireless communications facilities
(C) Density.
Units per acre 12
(D) Bulk and Area Regulations
(E) Setback Requirements
Single-
1 Two (2)
Three (3)
i
family
; family
family
i...._3
Lot width
50 feet
_....._._ ...............__..._............_s
50 feet
...... ......E
90 feet
minimum 3
Uses
I
Lot area
5,000
7,260 square
^10,890
minimum `
square
feet
square
(feet
feet.
(E) Setback Requirements
Side
Side
Rear
Rear
Front
Other
Single &
:Other
'Single
Uses
Two (2)
Uses
Family'
family
A build -to zone that is
located between the front
property line and a line 25
8 feet
5 feet
20 feet
5 feet
feet from the front property
line.
i
I
(F) Building Height Regulations.
.... _...... ... __..._.__ _ __.m........__...... � __.
Building height maximum 1 30/45 feet
*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. No. 5028, 6-19-07; Ord. No. 5224, 3-3-09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20-
10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 06-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5800, § 1(Exh. A), 10-6-15)
161.12 -District RI -Urban- Residential Intermediate.- Urban
(A) Purpose. The RI -U Residential District is designed to permit and encourage the development of detached and
attached dwellings in'suitable -environments, to provide a range of housing types compatible in scale with single
(B) Uses.
(1)
Permitted Uses.
Unit 1
City-wide uses byright
................
Unit 8
.. ....
Single-family dwellings
_ ...
Unit 9 i
__ _.... ..... ______................
Two (2) family dwellings
.
Unit 10
Three (3) and four (4) family dweilinas
Unit 41
Accessory Dwellings
Unit 44
Cottage �Housing Development
_.._._........_.......;.__.:
- ---------
-- _(2)
(2)
Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit'3
__......._.._ ...... ___._..._....___.__...____....._.._......__._... _.......
Public protection and utility facilities
_........
_ _.........................
Unit 4
._._.___------ -..__._....._.__..._............. ... ---- ._........_... _..---- .___.,.._....____._-._..,............1
Cultural and recreational facilities
_. __...
Unit 5
...... _................. ................... .._... _........................._.............„..
Government facilities
Unit 12aw........
-.--Limited 'business
Unit 24
Home occupations
Unit 26
Multi=family Dwellings
Unit 36 Wireless communications facilities
(C) Density. None.
(D) Bulk and Area Regulations.
Dwellina'(alf types)
Lot width minimum 18 feet
----- ----- __
Lot area minimum None
(E) Setback Requirements:
Side
Side1 Rear Rear, from
Single &
Front Other ( Other centerline of
Two 2 l
Uses family ; Uses an alley
�-
A build -to zone that is
located between the front
property line and a line 25
None 5 feet 5 feet 12 feet
feet from the front property i
line.
(F) . Building -Height Regulations.
Building height maximum 30/45feet
*A building ora 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 ibuilding set back
(G) Building Area. The zrei occupied by all buildings shall not exceed 60% of the total lot area.
(H) Minimum Buildable Street Frontage. 50% of the lot width.
161113 - District RMF -6, Residential Multi -Family - Six (6) 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.
................ :........................__
..............................................y.......9_
...........................................
Unit 1 i City-wide uses b right
Unit 8 Single-family dwellings
Unit 9 Two-family dwellings _
Unit 10 Three (3) and four (4) family dwellings
.. _......
w._
Unit 26 Multi -family dwellings
Unit 41 Accessory Dwellings
Unit 44 Cottage Housing Development
S
(2)
Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
_w__.._..__....__.__....._.......____
Unit 4
.._...._:__......................_..:.___._._..... _...... _._._...............
Cultural and recreational facilities j
Unit 5�
Government facilities
Unit 11 1
Manufactured home park
Unit a
Limited business
Unit 24
Home occupations
Unit 25
Professional offices
Unit 36
................,
Wireless communications facilities
(C) Density.
Units per acre 6 or less
(D) Bulk and Area Regulations.
1 3 acres
(1) Lot Width Minimum.
....._,,.,,.,.
Townhouse Individual lot
-...... _ ... _ . _.___..--------- __._.
Manufactured home park
..._...._..., _
..__.__
100 feet
_. _.......
...
Lot within a manufactured- home park
50 feet
.__. _........... ........ ......._..................... ....... .... ...............__........._._.;.........._............_._.._...
Single-family
1 50 feet j
_....W�,..,__._____..,.__...,__..__._.__.___..._..._..........._._._._,..._._.......
Two (2) family
......
...................... ......
50 feet
. _ ......... .
Three and more
90 feet
Professional offices
100 feet
(2) Lot Area Minimum.
Manufactured home park
1 3 acres
..__.__...,,.;_........._..._,___............... .....
Lot within a Manufactured home park 1 4,200 square feet
....._,,.,,.,.
Townhouse Individual lot
- __ .... _._._.__._....� _._._.,......._._.
2,500 square feet
......................... ...........
....._..:.......:.............................____
._,:...
Single-family
........._....
6,000 square feet
r_,.__.._ ................ .._... ........................... ... ......... ......
Two-family
............................... .....
7,000 square feet
__._......... ..... ............. .... . .....
Three or more
;........_ ._....._..._............. _.
`9,000 square feet
Fraternity or Sorority
2 acres��
Professional offices
! 1 acre
(E) Setback Requirements.
In
i Side
Side
Rear
Rear
Front Other
Single &
Other
Single
Uses
Two (2)
Uses
Family
E
Family
Accessory Dwellinas
i
A build -to zone that is 1�
located between the front
j
property line and a line E 8 feet
5 feet
25 feet
3
5 feet
25 feet from the front
property line.
(F) Building Height Regulations.
Building Height Maximum 30/45 feet
l
*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 pla.n 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 1 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. No. 5028, 6-19-07; Ord. No. 5224, 3-3-09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20-
10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 06-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5800, § 1(Exh. A), 10-6-15)
161.14 - District RMF -12, Residential Multi -Family - Twelve (12) 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
U tin 8 T
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10 ;
Three (3) and four (4) family dwellings
Unit 26
Multi -family dwellings
Unit 41 [
Accessory Dwellinas
§
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
Unit 5
. _..
Government facilities
...
Unit 11
__._...... .,__.
Manufactured home park
Unit 12a
..__.....� __.._ _.m........
.... . ................ .. _.
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 feet
..............._ ............ _...
Lot within a feet
manufactured home �-4b
Single familyt
feet
Two (2) family -
45 feet
Three (3) and more
80 feet .
Professional offices
? 100 feet
(2) Lot Area Minimum.
__._ .................
Manufactured home park
3 acres
.......__......... _.................. _......_ ..............
Lot within a manufactured home park 14,200 square feet
Townhouse: Individual lot
2,500 square feet
Single-family
1A500 square feet
Two._...
(2) family
6,000 square feet
Three (3) or more _
9,000 square feet'
Fraternity or Sorority
2 acres
_._,._ .... --.Professional off�.
ices
1 acre
(3) Land Area Per Dwelling Unit.
Manufactured home ` 3,000 square feet
(E) Setback requirements.
Front
A build -to zone that is
located between the front
property line and a line
25 feet from the front
property line.
Ill
(F) Building Height Regulations.
_..... .... .... ... ........ _........ < _.._...::.._.:>_...:.............._........._........._.........:..._..
Building Height Maximum 30/45 feet*
1
*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 1 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. No. 5028, 6-19-07; Ord. No. 5224, 3-3-09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20-
10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5800, § 1(Exh. A), 10-6-15)
1.61.15 - District RMF -18, Residential Multi -Family - Eighteen (18) 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.
-
Side
(1) Permitted Uses.
Unit 1
Side
Rear
Rear
Single-family dwellings
Single &
Two-family dwellings i
Unit 10
Other
_.
Unit 26
Other
Single
Wv W
--Accessory
Two (2)
Dwellinas
Uses
Uses :Family
Family
8 feet
5 feet
20 feet '
5 feet
(F) Building Height Regulations.
_..... .... .... ... ........ _........ < _.._...::.._.:>_...:.............._........._........._.........:..._..
Building Height Maximum 30/45 feet*
1
*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 1 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. No. 5028, 6-19-07; Ord. No. 5224, 3-3-09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20-
10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5800, § 1(Exh. A), 10-6-15)
1.61.15 - District RMF -18, Residential Multi -Family - Eighteen (18) 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 i
Unit 10
Three (3) and four (4) family dwellings
_.
Unit 26
.............._.___...._.... _.
Multi -family dwellings I
__...._-....
Wv W
--Accessory
Unit 41 €
Dwellinas
_J
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
Unit 5
Government facilities
Unit 11�
Manufactured home park
Unit 12a
Limited business
..... _............. ._..
Unit 24
_._........... ........_......_......_.._....... _............. ..._............. ............. _...... ..._
Home occupations
Unit 25
___........_... .._.___________........__,..............
Professional offices
_.,__.._.__
Unit 36
...... ..................____._._.._._.............___._______.....w.w..._.....__
Wireless communications facilities
(C) Density.
.....__................._..............................._..................... ...................... ....__...._......................................... .... ............ ................
......_..
Units per acre Eighteen (18) or less
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Manufactured home park
100 feet
____...
Lot within a manufactured home park F 50 feet
Single-family
..N�_ 40 feet
Two (2) family
40 feet'
_.._ . Three (3) and more mV�
W^ ^' 75 feet
Professional offices
100 feet
(2) Lot Area Minimum.
Manufactured home park
3 acres
Lot within a manufactured home park
4,200 square feet
__ ................................._..... _._ _
Townhouse: Individual lot
........ ..............
2,500 square feet
Single-family
4,000 square feet
Two (2) family
quare feet !.
000 square
Three (3) or more
7,500 square feet
m w ry "
_.__._.
Fraternity or Sorority 4µ
2 acres
Professional offices
1 acre
(3) Land Area Per Dwelling Unit.
__.— — -------- - - - - ---- _ _ _ � ...._.........__.._..... ..._...__ __ ... . ......
Manufactured Home 3,000 square feet
(E) Setback Requirements.
I
(F) Building Height Regulations.
Building Height Maximum 30/45 feet*
*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 1 foot for each foot of height in excess of 20 feet.
(G) Building Area. The area occupied by all buildings shall not exceed. 50%o of the total lot area.
(H) Minimum Buildable Street Frontage. 50% of the lot width.
(Ord. No. 4325, 7-3-01; Ord. No. 5028, 6-19-07; Ord. No. 5224, 3-3-09; Ord. No. 5262, 8-4-09; Ord. -No. 5312, 4-20-
10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5800, § 1-(Exh. A), 10-6-15)
161.16 - District RMF -24, Residential Multi -Family - Twenty -Four (24) 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.
Side
Side
Rear
Rear
Front
Other
Single &
i Other F
Single
Multi -family dwellings
Uses
Two (2)
1 Uses
Family
Family
A build -to zone that is
:located between the front I
property line and a line
8 feet
5 feet
20 feet
5 feet
25 feet from the front
property line.
j
(F) Building Height Regulations.
Building Height Maximum 30/45 feet*
*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 1 foot for each foot of height in excess of 20 feet.
(G) Building Area. The area occupied by all buildings shall not exceed. 50%o of the total lot area.
(H) Minimum Buildable Street Frontage. 50% of the lot width.
(Ord. No. 4325, 7-3-01; Ord. No. 5028, 6-19-07; Ord. No. 5224, 3-3-09; Ord. No. 5262, 8-4-09; Ord. -No. 5312, 4-20-
10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5800, § 1-(Exh. A), 10-6-15)
161.16 - District RMF -24, Residential Multi -Family - Twenty -Four (24) 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
f
City-wide uses by right
Unit 8
F
_..._.__._...... _.._....... ....__........_.....__........... ..._.._..------ __----- _...._.
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10mm
�n
Three (3) and four (4) family dwellings
Unit 26
Multi -family dwellings
Unit 41
Accessory Dwellings
Unit 44
.............. ...............
-Cottage Housing Development
......................................... ..._.._....._................................. .......................... ................................. _.......... 1
(2) Conditional Uses.
Unit 2 City-wide uses by conditional use permit
-------- _w..._.._.._...._..___._.._._.._._.....__.._....._..._........_.._.._.__.._.........._.._.._...__._...._..._.._..
Unit 3 Public protection and utility facilities
V
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 11
Manufactured home park
Unit 12a
Limited business
----
Unit 24
- --..._.....�..._.._.._m..,....,.,,.__.._,_._
Home occupations
Unit 25
......_...-............_........_....__._................_...._.____...._..._......<
Professional offices
Unit 36
Wireless communications facilities
(C) Density.
_.._.._,_.__, ------ .,.... ............................-..___m._
Units per acre
NX µ µJAY µH 24 or less g
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
.... _...
Manufactured home park 100 feet
___._._._.._._........
Lot within a Manufactured home park 50 feet i
1
_..__......_..._.._._....._.........
Single-family
_....:._._........._..____.
35 feet
_.�.._e._Two-family
35 feet ? ��
Three or more
70 feet
Professional offices
400 feet
(2) Lot Area Minimum.
_.. . _.............
Manufactured home park
....................... .. ....::.............
3 acres
Lot within a mobile home park
4,200 square feet
Townhouses: Individual lot
? 2,000 square feet
Single-family
i 3,000 square feet
..........:.
...... ....................._....._._._....__..___....._...._..._._..
Two (2) family
4,000 square feet
Three (3) or more
7,000 square feet
Fraternity or Sorority
.... . . ...... ......
i 2 acres
Professional offices
1 acres
(3) Land Area Per Dwelling Unit.
Manufactured Home 3,000 square feet i
(E) Setback Requirements.
(F) Building Height Regulations.
Building Height Maximum 30/45/60 feet 9
......... .............. ........._.._......_.......................................................................
._...._.__....................!
*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 1 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. No. 5028, 6-19-07; Ord. No. 5079,11-20-07; Ord. No. 5224, 3-3-
09; Ord. -No. 5262, 8-4-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5495, 4-17-12; Ord. No. 5592,
6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5800, § 1(Exh. A), 10-6-15)
461.17 - District RMF -40, Residential Multi -Family - Forty (40) 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
Side
Side
Rear
Rear
Front
Other
Single &
Other
Single
Unit 41
Uses
Two (2)
Uses
Family
€
Family
A build -to zone that is
located between the front
property line and a line
8 feet
i
5 feet
20 feet
5 feet
25 feet from the front
j
property line.
(
i
(F) Building Height Regulations.
Building Height Maximum 30/45/60 feet 9
......... .............. ........._.._......_.......................................................................
._...._.__....................!
*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 1 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. No. 5028, 6-19-07; Ord. No. 5079,11-20-07; Ord. No. 5224, 3-3-
09; Ord. -No. 5262, 8-4-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5495, 4-17-12; Ord. No. 5592,
6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5800, § 1(Exh. A), 10-6-15)
461.17 - District RMF -40, Residential Multi -Family - Forty (40) 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 (3) and four (4) family dwellings
Unit 26
Multi -family dwellings
Unit 41
Accessory Dwellings
Unit 44
Cottage Housing Development
(2) Conditional Uses.
S
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 12a
_.
Limited business
Unit 24
Home occupation
Unit 25
- _ _____ ..._-__..... _...... ...._...._...._
Professional offices
s'
.........................._.............._......................................................................
Unit 36
Wireless communications facilities
..................... _............. __.--...._....... ._..... ....._.
(C) Density.
Units per acre Forty (40) or less -
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Manufactured home park 100 feet
_-__..._.._........................................_._........................._.......... _....._ ...............................
Lot within a Manufactured home park ' 50 feet 3
..._
.....�.
Single-family
f�_
3 et
Two (2) family
.
30 feet
_.. _ ....._
Three or more
_r
70 feet
_ _ _... _....__.._._................._
Professional offices
._....._
100 feet
(2) Lot Area Minimum.
Manufactured home park
3 acres
Lot within a mobile home park
4,200 square feet
Townhouses: individual lot
i 2,000 squarefeet
Single-family
-' 2,500 square feet
;
p........,
Two (2) family
..... ..........
3,000 square feet il
Three (3) or more
7,000 square feet
.... ..................... ...................... ;
_.........._....._.................__....._..._......._......
Fraternity or Sorority
.......................
1 acre
(3) Land Area Per Dwelling Unit.
__.._-----_.._...__._....._....__...._ _....._..............._.._...__._....._........._._.__.........,.......................__....-_,
Manufactured Home 3,000 square feet
........
.....
_ _....__.._....,...._.
Fraternity of Sorority 500 square feet per resident
............................... ............................................... ........... -................. .............. ...__...................... .................._.................
(E) Setback Requirements
Side
Side
Rear
Rear
Front I Other
Single &
Other j
Single
Uses i
Two (2)
Uses
Family j
i
Family
A build -to zone
i
located between the front
i
property line and a line 8 feet
5 feet
20 feet
5 feet
25 feet from the front
i
I
property line. I)
(F) Building Height Regulations._
Building Height Maximum ( 30/45/60* feet
............ . ................. _.__ ... _.......
....._......_...._...
*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 1 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(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. 41 G0, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5224, 3-3-
09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664,
2-18-14; Ord. No. 5800, § 1(Exh. A), 10-6-15)
161.1.8 - Neighborhood Services - Limited
(A) Purpose. The Neighborhood Services;,Limited district is designed to serve as a mixed use area of low intensity.
Neighborhood Services, Limited promotes a walkable, pedestrian -oriented neighborhood development form with
sustainable and complementary neighborhood businesses that are compatible in scale, aesthetics, and use with
surrounding land uses. For the purpose of Chapter 96: Noise Control, the Neighborhood Services district is a
residential zone.
(B) Uses.
(1) Permitted Uses.
Unit 1 City-wide uses by right
Unit 8 ! Single-family dwellings
F
Unit 9 Two (2) family dwellings
Unit 10 Three (3) and four (4) family dwellings
Unit 12a Limited Business €
24 Home occupations
Unit 41 Accessory dwelling units
Unit 44 Cottage Housing Development
Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval
when combined with pre -approved uses.
(2) Conditional Uses.
Unit 2
City-wide uses by conditional useV
Unit 3
. _..__
.................
Public protection and utility facilities
Unit 4 1
Cultural and recreational facilities
Unit 5
Government Facilities 1
Unit 13
Eating places
Unit 15
Neighborhood shopping goods
Unit 19
Commercial recreation, small sites
Unit 25
Offices, studios and related services
Unit 26
Multi -family dwellings
_
Unit 36
................. .......... __._.... _._..._..-__........._W_........................._.... ...
Wireless communication facilities"
Unit 40
Sidewalk cafes
._
Unit 45 (
___-_.......... ... ................. __
Small scale production
(C) Density.
__. _ ....
Units per acre Ten (10) or less
(2) Lot Area Minimum.
Single-family 4,000 square feet
Two (2) family or 3,000 square feet of lot area per
more dwelling unit
All other permitted None
and
conditional uses
11
(E) Setback Regulations
Front: A build -to zone that is located between 10
and 25 feet from the front property line.
Side 5 feet
_--,
Rear 15 feet
(F) Building height Regulations.
Building Height Maximum 45 feet
(G) Building area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of the lot.
(Ord. No. 5312, 4-20-10; Ord. No. _5462,12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1-
20-15; Ord. No. 5800, § 1(Exh. A), 10-6-15)
1151.19,- Nelq'hborhoa.dServices - General
(B) Use
(1) P.errhitted. Uses.
Unit 1
City-wide uses by.right
=
Unit 8
Single-family dwellings
Unit 9
Two (2) family dwellings
Unit 10 Three Y3) and four (4) family dwellings
Unit 12b General Business
Unit 24
Home occupations
Unit 41
Accessory Dwellings
Unit 44 M -
I Cottage Housing'Development I
.._. ...... _. l
Note: Any combination of above :uses is permitted upon any lot within this zone. Conditional uses shall need approval
when combined with pre -approved uses
(2) Conditional.Uses.
.Unit.2 City-wide uses by conditional use
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational; facilities
........ _
Unit 5 GovernmentFacilities
— -1-1-1 --.-..-_
Unit 13 t Eating places
Unit 16
Shopping Goods��
Unit 19
Commercial recreation, small sites
Unit 25
Offices, studios and related services
M MNM
Unit 26
Multi -family dwellings
Unit 36
Wireless communication facilities
Unit 40 '
_._. ___.__._ ___.... ................ _...............
Sidewalk cafes
Unit 45 f
...._v ... ...... __I
Small scale production
._._.._--------- ._.____..__.___._.___............................................_'
(C) Density.
Units per acre Eighteen (18) or less
... ......... ..... ...._.
(D) Bulk and Area.
(1) ` Lot Width Minimum.
All Dwellings _...._._35 feet .
All other uses None
(E) Setback Regulations.
..�.
Rear when contiguous to
FrontSide Side -Zero tot Line Rear . asingle-family residential
district
I........ .................
A setback of less than 1'
A build -to zone five feet (zero lot line) is
that is located permitted on one
between the front interior side, provided a
5 feet 5 feet 15 feet
property line and a
maintenance agreement
line 25 ft. from the is filed . The remaining i
front property line. side'setback(s) shall be
10 (feet. 1
(F) 'Building heightRegulations.
e
Building, Height Maximum 45 feet
(G) Minimum BuildableStreet Frontage. 50% of the lot width.
* 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.
16120 - District R -O, Residential Office
(A) Purpose. The Residential -Office District is designed primarily to provide area for offices without limitation to the
nature or size of the office, together with community facilities, restaurants and compatible residential uses.
(B) Uses.
(1) Permitted uses.
Unit 1 4 City-wide uses by right
Unit 5_T_ Government facilities
Unit 8 Single-family dwellings
Unit 9 l Two-family dwellings
Unit 12a Limited business
Unit 25 Offices, studios, and related services
_._............. _............ _...._..... _._..............
_.....:............_.._._._........_.._.._....._.__...._.__...._.._.,_......... ._.._.
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
Unit 11
.F_�.._......
Manufactured home park'
_...__,.._..___.._.___�.�._,.___..�.....
Unit 1�3
�_._._._._...____......_......._.
Eating places
Unit 15 i
I
Neighborhood shopping goods
.. ........... ._...,....._........__
Unit 24
i
............. _.... , ..._...... W._- -.._. -._ ...,. _._....._. _._
Home occupations
. _._...___..........__.
Unit 26
_....._____.______.................. ..____.__..........___..._....__..
Multi -family dwellings
_.____..._..__.......__.______
Unit 36 j
___._.._.___.._.....__._.______.___......___..._......_......._...........
Wireless communications facilities*
_r
Unit 42
Clean technologies
Unit 45 F
Small scale production
(C) Density.
Units per acre 24 or less
(D) Bulk and Area Regulations. (Per dwelling unit for residential structures)
(1) Lot Width Minimum.
Manufactured home park 1 100 feet
Lot within a manufactured home park 50 feet
Single-family 60 feet
Two (2) family 60 feet
......__-..._..._...
Three (3) or more 90 feet
(2) Lot Area Minimum.
Manufactured home park 3 acres _
Lot within a manufactured home 4,200 square
park feet
Townhouses: ?
Development
10,000 square
feet
Individual lot
2,500 square
feet
.. ..........
Single-family
6,000 square
feet
Two (2) family
6,500 square
feet
Three (3) or more
8,000 square
feet
Fraternity or Sorority
1 acre
(3) Land Area Per Dwelling Unit.
...... _... _........ _............
Manufactured home 3,000 square feet
E
F
.................. ........ ................. ........:...:... ............ .._............f................... ...............:... ....... ....... .::_........................ -
Townhouses &
apartments:
No bedroom 1,000 square feet
One bedroom 1,000 square feet
Two (2) or more 200 square feet
bedrooms
Fraternity or Sorority ( 500 square feet per
¢€ resident
(E) Setback Regulations.
Front 15 feet
Front, if parking is allowed between the right- 50 feet
of -way and the building
Front, in the Hillside Overlay District 15 feet
Side 10 feet
Side, when contiguous to a residential district 1 15 feet
Side, in the Hillside Overlay District 8 feet
Rear, without easement or alley 25 feet
Rear, from center line of public alley 10 feet
Rear, in the Hillside Overlay District m 15 feet
(F) Building Height Regulations.
Building Height Maximum 60 feet
Height Regulations. Any building which exceeds the height of 20 feet shall be set back from any side boundary
line of an adjacent single family district an additional distance of 1 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 No. 1965, App. A., Art. 5(x); Ord. No. 2414, 2-7-78; Ord. No. 2603, 2-19-80; Ord. No. 2621, 4-1-80; Ord. No.
1747, 6-29-70; Code 1991, §160.041; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4726, 7-
19-05; Ord. No. 4943, 11-07-06; Ord. No. 5079, 11-20-07; Ord. No. 5195, 11-6-08; Ord. No. 5224, 3-3-09; Ord. No.
5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5735 1-20-15; Ord. No. 5800, § 1(Exh. A), 10-6-15)
161.21 - District C-1, Neighborhood Commercial
(A) Purpose. The Neighborhood Commercial District is designed primarily to provide convenience goods and
personal services for persons living in the surrounding residential areas.
(B) Uses.
(1) Permitted Uses.
__......._......_...._..._._._._._ ____---------- .:...........
_.:
Unit 1 City-wide uses by right
Unit 5 Government Facilities _._... i
Unit 13
Eating places
Unit 15
..... .........
Neighborhood shopping
Unit 18
Gasoline service stations and drive-
Unit 25
_.._,
Offices, studios, and related services
Unit 44�
Cottage Housing Development
_._._._ .. -
Unit 45
._....._...............__....._.....__................_.............._..............._.............._......_...._........... _......_i
Small scale production
__....___..____. ........ __.__....._... ......... ......... .......... _........ ............... ,
(2) Conditional Uses.
Unit 2 City-wide
_--------- ______......m
uses by conditional use permit
Unit 3 ;
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 1��
_.___.......__�-._ - - ._-. _..._:_._w_
T Shopping goods 3
Unit 34
... ... .------------ __. ...................... ,
Liquor stores j
Unit 35
......... ..
Outdoor music establishments*
Unit 36 r
.
Wireless communications facilities*
__....._.......__._...._.........._...._...._................
Unit 40 (
;_
.. _............... ......_.
Sidewalk Cafes
.._._.._...
Unit 42
...... .............. _..... _ ........ ._
Clean technologies
(C) Density. None.
(D) Bulk and Area Regulations. None.
(E) Setback Regulations.
._...... ............ .................... _... ............... , ,.......
Front
15
feet I
Front, if parking is allowed between the
50
right-of-way and the building
feet
Side
:None
___.._.-.__- ---- ____............. ........... .. . ...._ .._ -----
Side, when contiguous to a residential
10
district
feet
Rear
! 20
feet
(F) Building Height Regulations.
Building Height Maximum _ 56 feet* _.
_............_............................... ..._..._...._......... ......... ......................................... ....................... _......... .._............
.
*Any building which exceeds the height of 20 feet shall be setback from any boundary line of any residential
district a distance of 1 foot for each foot of height in excess of 20 feet.
Ell
(G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot.
(Code 1965, App. A., Art. 5(V); Ord. No. 2603, 2-19-80; Ord. No. 1747, 6-29-70; Code 1991, §160.035; Ord. No.
4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5195, 11-6-08; Ord. No. 5312,
4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No.
5735, 1-20-15; Ord. No. 5800, § 1(Exh. A), 10-6-15)
161.22 - Community Services
(A) Purpose. The Community Services District is designed primarily to provide convenience goods and personal
services for persons living in the surrounding residential areas and is intended to provide for adaptable mixed use
centers located along commercial corridors that connect denser development nodes. There is a mixture of
residential and commercial uses in a traditional urban form with buildings addressing the street. For the purposes
of Chapter 96: Noise Control, the Community Services district is a commercial zone. The intent of this zoning
district is to provide standards that enable development to be approved administratively.
(B) Uses.
(1) Permitted Uses.
Unit 1
._.�
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 (3) and four (4) family dwellings
Unit 13 .
Eating places
Unit 15
Neighborhood Shopping goods
Unit 18 ;
Gasoline service stations and drive-
_...................................-_._...............__..._.............._........................................._.._
Unit 24
....__._.._.
Home occupations
j
....__
Unit 25
.............. ._..... .......... _._.......... .._..._....
Offices, studios and related services
Unit 26
............. ...... _... __.... __...... ........... __............. _..._.___._._......_w...._..___
Multi -family dwellings
Unit 41 ;
Accessory Dwellings
Unit 44
Cottage Housing Development
Unit 45
Small scale production
Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need
approval when combined with pre -approved uses.
(2) Conditional Uses.
._.__. ......... _..._._...___............... ..-___..__._._._..._......
Unit 2 € City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 14 1 Hotel, motel and amusement services
Unit 16 Shopping goods
Unit 17 Transportation, trades and services
Unit 19 1 Commercial recreation, small sites
Unit 28 Center for collecting recyclable materials
Unit 34 (--�
Liquor stores
Unit 35 '
Outdoor music establishments
Unit 36�
_ Wireless communication facilities'
Unit 40 1
Sidewalk Cafes
Unit 42 ?
______...._?......__..
Clean technologies i
_........__......_._...__..__......__._........... ... I.._". ..... ._
(2) Lot Area Minimum. None.
(E) Setback regulations.
..._.._.._._..__....___._ �_ �_...,. A build -to zone that is
Front: located between 10 feet ;
and a line 25 feet from the
front property line. j
Side and rear: None i
Side or rear, when
contiguous to a single- 15 feet
family residential j
district::
(F) Building Height Regulations.
�---- .................
Building Height Maximum 56 feet
(G) Minimum Buildable Street Frontage. 50% of the lot width.
(Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-
18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800, § 1(Exh. A), 10-6-15)
161.23 - District C-2, Thoroughfare Commercial
(A) Purpose. The Thoroughfare Commercial District is designed especially to encourage the functional grouping of
these commercial enterprises catering primarily to highway travelers.
(B) Uses.
(1) Permitted Uses.
I]
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit5T
...........
Government Facilities
Unit 13
Eating places
Unit 14
Hotel, motel, and amusement facilities
Unit 16
Shopping goods
Unit 17
Transportation trades and services
Unit 18
.... .. ......... ...... .... ............
Unit 19
Gasoline service stations and drive-
rive-.._.
.......... ....._._._..__........... ...._....................... .._................. ...:..... ..---...... _ .... ._..... _.... _..............
Commercial recreation, small sites
Unit 20
Commercial recreation, large sites
Unit 25
Offices, studios, and related services
Unit 33
Adult live entertainment club or bar
Unit 34
Liquor store
Unit 44
Cottage Housing Development
Unit
� Smalf scale production
(2) Conditional Uses
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 21
Warehousing and wholesale
Unit 28 `
Center for collecting recyclable materials
Unit 29
Dance Halls
Unit 32
Sexually oriented business
Unit 35
Outdoor music establishments
Unit 36
Wireless communications facilities
Unit 38 I
Mini -storage units
Unit 40 [
Sidewalk Cafes
Unit 42
Clean technologies
Unit 43 Animal boarding and training
(C) Density. None.
(D) Bulk and Area Regulations. None.
(E) Setback Regulations.
Front 15
feet
(F) Building Height Regulations.
Building Height Maximum 75 feet*
"Any building which exceeds the height of 20 feet shall be set back from a boundary line of any residential district
a distance of 1 foot for each foot of height in excess of 20 feet.
(G) Building Area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of such lot.
(Code 1965, App. A., Art. 5(VI); Ord. No. 1833, 11-1-71; Ord. No. 2351, 6-2-77; Ord. No. 2603, 2-19-80; Ord. No.
1747, 6-29-70; Code 1991, §160.036; Ord. No. 4034, §3, 4, 4-15-97; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. -
4178, 8-31-99; Ord. No. 4727, 7-19-05; Ord. No. 4992, 3-06-07; Ord. No. 5028, 6-19-07; Ord. No. 5195, 11-6-08;
Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5353, 9-7-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-
13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800, § 1(Exh. A), 10-6-15)
161.24 - Urban Thoroughfare
(A) Purpose . The Urban Thoroughfare District is designed to provide goods and services for persons living in the
surrounding communities. This district encourages a concentration of commercial and mixed use development
that enhances function and appearance along major thoroughfares. Automobile -oriented development is
prevalent within this district and a wide range of commercial uses is permitted. For the purposes of Chapter 96:
Noise Control, the Urban Thoroughfare district is a commercial zone. The intent of this zoning district is to provide
standards that enable development to be approved administratively.
(B) Uses.
(1) Permitted Uses.
Unit 1 City-wide uses by right t
..........
Unit 4 Cultural and recreational facilities
Unit 5
Government facilities
Unit 8
Single-family dwellings
Unit 9
Two 2) family dwellings
Unit 10 I
Three (3) and four (4) family dwellings
Unit 13 i
Eating places
Unit 14
M ..... _..... _
Hotel, motel and amusement services
Unit 16
Sho m nods
Unit 17
_.............._....._.............._._..................._.............._ ....__._........_,
Transportation trades and services
Unit 18 Gasoline service stations and drive-
Unit
rive
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
............................ ._..__._____.__..__...-__...._...
Unit 44 Cottage Housing Development
Unit Small scale production
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
E___._._.__..._._._....__.._.._._-.._____......__..._._.___._...__._..__..___._._____.
Unit 3
Public protection and utility facilities
._..__.__._. ...... ,.....
Unit 20 E
-----___..___....___.._..._.....__.__-._...._._._._._..-_......._.__.___.__.___....__.-._._.----
__--..___._...._... .._......._.._...._....
Commercial recreation, large sites
Unit 21
Warehousing and wholesale
Unit 28 I
Center for collecting recyclable materials
Unit 29 1Dance
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
1.
Sidewalk cafes
Unit 42 i
.... ..... _..... ............ .
Clean technologies
rvUnit 43
Animal boarding and training
(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:
Side and rear:
Side or rear, when
contiguous to a single-
family residential
district:
A build -to zone that is
located between 10 feet
and a line 25 feet from the
front property line.
None
15 feet
(F) Building Height Regulations.
Building Height Maximum i 56/84 feet*�
"A building or a portion of a building that is located between 10 and 15 feet from the front property line or any
master street plan right-of-way line shall have a maximum height of 56 feet. A building or portion of a building that
is located greater than 15 feet from the master street plan right-of-way shall have a maximum height of 84 feet.
Any building that exceeds the height of 20 feet shall be set back from any boundary line of a single-family
residential district, an additional distance of one foot for each foot of height in excess of 20 feet.
(G) Minimum buildable street frontage. 50% of the lot width. -
(Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5353, 9-7-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-
13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800, § 1(Exh. A), 10-6-15)
161.25 - 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 1 City-wide uses by right
Unit 4 Cultural and recreational facilities i
Unit 5 Government facilities
Unit 13 Eating places
Unit 14 Hote._,..__.__._,.._..._._
I, motel, and amusement facilities f
Unit 16 Shopping goods
....__._...... _ ....... ....... ..........
Unit 18 Gasoline service stations & drive-in i
.._.... ............. .._.. _ . ........
Unit 19 Commercial recreation, small sites
.............._...._........_......._...._.............._.___....__..._..._....._.._........_...._.......,......__..._...,
Unit 25 Offices, studios, and related services i
Unit 26 _ Multi -family dwellings
Unit 34 Liquor stores
Unit44- Cottage Housing Development
Unit 45 Small scale production
(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
Unit 40 Sidewalk Cafes
Unit 42 i Clean technologies 1
__.......... ____.
(C) Density. None.
(D) Bulk and Area Regulations. None
(E) Setback Regulations.
Central Shopping i
Business Center
District
Front 5 feet 25 feet
Front, if parking is
allowed between the 50 feet j 50 feet
right-of-way and the I
building
Side None None
Side, when contiguous to 10 feet 25 feet
a residential district
................ . ..... _........ _:._.......... _................. _.......... ........................ ................ ........._..................:..................... _........ -
J.
Rear, without easement 15 feet 25 feet
or alley
Rear, from center line of 10 feet 10 feetq
a public alley 3
(F) Building Height Regulations.
Building Height Maximum 56/84 feet* j
"A building or a portion of a building that is located between 0 and 15 feet from the front property line or any
master street plan right-of-way line shall have a maximum height of 56 feet. A building or a portion of a building
that is located greater than 15 feet from the master street plan right-of-way line shall have a maximum height of
84 feet.
V
(Code 1965, App. A., Art. 5(Vll); 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. No. 4727, 7-19-05; Ord. No. 4863,
5-02-06; Ord. No. 5028, 6-19-07; Ord. No. 5195, 11-6-08; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No.
5592, 06-18-13; Ord. No. 5735, 1-20-15; Ord. No. 5800, § 1(Exh. A), 10-6-15)
161.26 - Downtown Core
(A) Purpose. Development is most intense, and land use is densest in this zone. The downtown core is designed to
accommodate the commercial, office, governmental, and related uses commonly found in the central downtown
area which provides a wide range of retail, financial, professional office, and governmental office uses. For the
purposes of Chapter 96: Noise Control, the Downtown Core district is a commercial zone.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 4
6ultural and recreational facilities ^
___
Unit 5
_____............ ..... .... ............ .... ..............
Government facilities
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three (3) and four (4) family dwellings
Unit 13
Eating -places
Unit 14 THotel,
..... ... ..... ....
motel, and amusement facilities
Unit 16 1
Shopping goods
Unit 17 i
Transportation trades and services
Unit 19
Commercial recreation, small sites
Unit 24
Home occupations
Unit 25
Offices studios and related services
_._,._..__._(........._...._.._..._._........_._.
Unit 26 I
................._............ _ ....
Multi -family dwellings
Unit 34
Liquor stores
Unit 41 1
Accessory Dwellings
Unit 44 ;
Cottage Housing Development
Unit 45
Small scale production
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 mm_�
Unit 42 Clean technologies
(C) Density. None.
(D) Bulk and Area Regulations. None
(E) Setback Regulations.
A build -to zone that is located
Front € between the front property line and a
line 25 feet from the front property
line.
------------
Side None
Rear 5 feet
Rear, from 12 feet
center line of
an alley
(F) Minimum Buildable Street Frontage. 80% of lot width.
(G) Building Height Regulations.
Building Height Maximum 56/168 feet*
*A building or a portion of a building that is located between 0 and 15 feet from the front property line or any
master street plan right-of-way line shall have a maximum height of 56 feet. A building or portion of a building that
is located greater than 15 feet from the master street plan right-of-way shall have a maximum height of 168 feet.
(Ord. No. 5028, 6-19-07; Ord. No. 5029, 6-19-07; Ord. No. 5195, 11-6-08; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-
6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800, § 1(Exh. A), 10-6-15)
161:27 - 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.
(B) Uses.
(1) Permitted uses.
.�
Unit 1 T City-wide uses by right
Unit 4 __ Cultural and recreational facilities
V
Unit 5
Government facilities
Unit 8
..___._. ...............
Single-family dwellings
Unit~9 M1 W
Two-family dwellings !
Unit 10
Three (3) and four (4) family dwellings
Unit 13
Eating places 1
_....................._._....w........_..................................
Unit 14
_.......... ..........._............. ........_.........._....._—__........__E
Hotel, motel, and amusement facilities
Unit 16
..... _...... ___.......... ..__._.._
Shopping goods i
_-_....
Unit 17
.. __.._ ........................._... _ _ . _ ...... _ .......
i
Transportation trades and services i
Unit 19
....... —.__._
Commercial recreation, small sites
Unit 24
Home occupations
Unit 25
_....._p.._..__._
Offices, studios, and related services
.__.__,_------ ............... .... ___....u_ ..... ................ .._........... .....,._ _...___.,...,.,,.
Unit 26
Multi -family dwellings
Unit 34
Liquor stores 1
Unit 41
_ ..... .._......... . .. .. ._ .,. ...,
Accessory Dwellings
Unit 44
Cottage Housing Development 1
Unit 45 '
. _ _
Small scale production
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 1 Gasoline service stations and drive-in/drive
Unit 28 °
..... .................. ......_...._................ ....._.........._.............._...._................_......... _... ....
Center for collecting recyclable materials
Unit 29 's,
_ ....... ... ............ ... . .......
Dance halls
Unit 35
Outdoor music establishments
Unit 36 im
Wireless communication facilities
Unit 40 ,
Sidewalk Cafes
Unit 42
Clean technologies
(C) Density. None.
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Dwelling (all unit types) 18 feet
r
i
(2) Lot Area Minimum. None.
(E) Setback Regulations
A build -to zone that is located
Front between the front property line and a
line 25 feet from the front property
line.
Side None
Rear 5 feetY
Rear, from 12 feet
center line of
an alley
(F) Minimum Buildable Street Frontage. 75% of lot width.
(G) Building Height Regulations.
Building Height Maximum 56/84 feet*
"A building or a portion of a building that is located between 0 and 15 feet from the front property line or any
master street plan right-of-way line shall have a maximum height of 56 feet. A building or a portion of a building
that is located greater than 15 feet from the master street plan right-of-way line shall have a maximum height of
84 feet.
(Ord. No. 5028, 6-19-07; Ord. No. 5029, 6-19-07; Ord. No. 5042, 8-07-07; Ord. No. 5195, 11-6-08; Ord. No. 5312, 4-
20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No.
5735, 1-20-15; Ord. No. 5800 ,,§ 1(Exh. A), 10-6-15)
161.28 - Downtown General
(A) Purpose. Downtown General is a flexible zone, and it is not limited to the concentrated mix of uses found in the
Downtown Core or Main Street/Center. Downtown General includes properties in the neighborhood that are not
categorized as identifiable centers, yet are more intense in use than Neighborhood Conservation. There is a
mixture of single-family homes, rowhouses, apartments, and live/work units. Activities include a flexible and
dynamic range of uses, from public open spaces to less intense residential development and businesses. For the
purposes of Chapter 96: Noise Control, the Downtpwn General district is a residential zone.
(B) Uses.
(1)
Permitted Uses.
Unit 1 ;
City-wide uses by right
Unit 4 E
Cultural and recreational facilities
U 5
Government facilities
Unit
Single-family dwellings
Unit 9 j
Two-family dwellings
Unit 10
...............
Three (3) and four (4) family dwellings
....
Unit 13
Eating places
_. _..._._._..._._
Unit 15
Neighborhood shopping goods
Unit 24
Home occupations
V
-Unit 25�
Offices, studios and related services
Unit 26
Multi -family dwellings
Unit 41
Accessory Dwellings
Unit 44
Cottage Housing Development
Unit 45
_..__ .............__....._......_...__._.......
.........>.
Small scale production
...... _._............ ........... ............ _............ ..._......__---- ..._............. .._................
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
_..__...._.... ......... _._......__._.W_.-_ .............__-.......... ................... ... _....__._.._........_.._... _.......
...._
Unit 14 Hotel, motel and amusement services
..... .... ................. ......................_.__._._............................_.__...__.....__..... _..............
Unit 16 Shopping goods
Unit 17 { Transportation trades and services
Unit 19 Commercial recreation, small sites
Unit 28 Center for collecting recyclable materials
Unit 36 Wireless communication facilities
_ --- - ----------------- _---- -_
Unit 40 E Sidewalk Cafes
(C) Density. None. -
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
..., ........
Dwelling (all unit types) 18 feet
(F) Minimum Buildable Street Frontage. 50% of lot width.
11
(G) Building Height Regulations.
Building Height Maximum € 56 feet
(Ord. No. 5028, 6-19-07; Ord. No. 5029, 6-19-07; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-
18-13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800, § 1(Exh. A), 10-6-15)
161.29 - 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 uses City-wide b right
Y Y 9
Unit 8 Single-family dwellings
Unit 41 Accessory dwellings `
(2)
Conditional Uses.
___.._...:_...__ ..... .
Unit 2
.... __.___.__......__............. ............._..__..__._ ........_.._...._..._._._
City-wide uses by conditional use permit Ik
Unit 3
Public protection and utility facilities
_--- ____._______.._
Unit 4
Cultural and recreational facilities
Unity 9
.. ................... _..........
Two (2) family dwellings
Unit 10
..... ... ............ ._._.._..._.._......... ................ ___._._.........._..........__._........_................__,
Three (3) and four (4) family dwellings
Unit 12a '
............................... ... ............. _..._....,
Limited business
Unit 24
Home occupations
Unit 25
Offices, studios, and related services
Unit 28Center
for collecting recyclable materials
Unit 36
Wireless communication facilities
Unit 44
Cottage Housing Development
(C) Density. Ten (10) Units Per Acre.
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Single Family 40 feet
Two Family 80 feet
Three Family 90 feet
(2) Lot Area Minimum. 4,000 square feet
(E) Setback Regulations
(F) Building Height Regulations.
Building Height Maximum 45 feet
(Ord. No. 5128, 4-15-08; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-
18-14; Ord. No. 5800, § 1(Exh. A), 10-6-15>) _
161.30 - 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.
(B) Uses.
A build -to zone that is located
(1)
` between the front property line and a
Front
........ ...._._____ _.. ._ _ _,_ _ .___.___..,.,...,__--
City-wide uses by right i
_........_....: ..........
Unit 3 i
line 25 feet from the front property
Unit 4
line. j
r
s
Side
i
5 feet
Rear
.............. ..... _ .... ..:. _ _ _.......�
5 feet
Rear, from
Eating places
center line of
12 feet
an alley
Unit 21
(F) Building Height Regulations.
Building Height Maximum 45 feet
(Ord. No. 5128, 4-15-08; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-
18-14; Ord. No. 5800, § 1(Exh. A), 10-6-15>) _
161.30 - 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.
(B) Uses.
(1)
Permitted Uses.
_ .............
Unit 1
........ ...._._____ _.. ._ _ _,_ _ .___.___..,.,...,__--
City-wide uses by right i
_........_....: ..........
Unit 3 i
..._............... _____............... ._.................. ......... _._......_...._....... .a. ...... _............ ,................a
Public protection and utility facilities
Unit 4
Cultural and recreational facilities i
Unit 5
Government Facilities
---------------
__ Unit 6
Unit
Agriculture
Unit 13
Eating places
Unit 17 i
Transportation trades and services '
M.m.... ..... .... .... ....... ..._.......
Unit 18 Gasoline service stations and drive-in/drive
Unit 21
Warehousing and wholesale
Unit 22
Manufacturing
Unit 25
Offices, studios and related services i
Unit 27 1 Wholesale bulk petroleum storage facilities
Unit 42 Clean technologies
(2) Conditional Uses.
Unit 2 City-wide uses by conditional use permit
Unit 19 Commercial recreation, small sites
..._ . ........................ -._............... -.:....._..... ............ --- —
Unit 20 Commercial recreation, large sites
Unit 28 Center for collecting recyclable materials
Unit 36 Wireless communications facilities
Unit Mini -storage units
Unit 43 Animal boarding and training
_.._i
(C) Density. None.
(D) Bulk and Area Regulations. None.
(E) Setback Regulations.
Front, when adjoining A or R districts 50 feet
Front, when adjoining C, I, or P districts (€ 25 feet
__._._..;._._......_.._.._._.w....... . ......
Side, when adjoining A or R districts 50 feet
Side, when adjoining C, I, or P districts ; 10 feet
Rear 1 25 feet ?
ff
f
(F) Height Regulations. There shall be no maximum height limits in 1-1 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 1 foot for each foot of height in excess of 25 feet.
(G) Building Area. None.
(Code 1965, App. A., Art. 5(VIII); 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. No. 4992, 3-
06-07; Ord. No. 5028, 6-19-07; Ord. No. 5195, 11-6-08; Ord. No. 5312, 4-20-10, Ord. No. 5339, 8-3-10; Ord. No.
5353, 9-7-10; Ord. No. 5472; 12-20-11; Ord. No. 5800, § 1(Exh. A), 10-6-15)
161.31 - 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.
Unit 1
City-wide uses by right
Unit 3
Public protection and utility facilities
Unit 5
Government Facilities
Unit 6
Agriculture - -
Unit 7
Animal husbandry
Unit 18
Gasoline service stations and drive -
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 technologies
Unit 43
Animal boarding and training
(2) Conditional Uses.
Unit 2 City-wide uses by conditional use permit
.................... _....................................................................................... ....._.........__.............. ....._..................... .......... ......
Unit 31 Facilities emitting odors and facilities -
................ ......... _..._._._.............. ..... _.... ....... ...... ......._..........._............. ......................................... ;
Unit 36 Wireless communications facilities
Unit 38 Mini -storage Units
�. ............... .... .... _._._..
Unit 39 1 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 feet
Front, when adjoining C, I or P districts 50 feet
Side, when adjoining A or R districts 50 feet
Side, when adjoining C, I or P districts 25 feet
Rear1 25 feet
(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.
I
(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. No. 4992, 3-
06-07; Ord. No. 5028, 6-19-07; Ord. No. 5195, 11-6-08; Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No.
5353, 9-7-10; Ord. No. 5800 , § l(Exh. A), 10-6-15)
161.32 - 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 j(
........... _..._..._;_.___..__---- _....._..------------ ...__-______._._.._..... ----- _._._.-__..._._.._._.._.__..........
_....i
Unit 5 Government facilities
(2) Conditional Uses.
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 26 Multi -family dwellings
Unit 36 Wireless communicationsfacilities
Unit42 — Clean technologies
(C) Density. None.
(D) Bulk and Area Regulations. None.
(E) Setback Regulations.
Front 30
feet
Front, if parking is allowed between the right- 50
of -way and the building feet
Side
20
feet
Side, when contiguous to a residential district 25
feet
Rear 25
feet
Rear, from center line of public alley 10
feet
(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, 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. No. 5073, 11-06-07; Ord. No. 5195, 11-6-
08; Ord. No. 5312, 4-20-10; Ord. No. 5800, § 1(Exh. A), 10-6-15)
161.33 - 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.
(1) Permitted uses.
T Unit 1 City-wide uses by right j
Unit 30 t Extractive uses
(2) Conditional Uses.
Unit 2 ! City-wide uses by conditional use permit s
............................................ .......... _..__............. ......_.....__................. ....
I
(C) Density. None.
(D) Bulk and area regulations.
(1) Lot Width Minimum.
The proposed development shall have at
Lot width
least 200 feet of frontage on a state road
minimum or other adequate means of access
compatible with sound land use planning
principles.
(2) Lot Area Minimum..
.......... ........................
Lot area minimum 10 acres
(E) Setback Regulations.
From all property lines (including street
200
frontage) when contiguous to all R districts
feet
From all property lines (including street
` 100
frontage) when contiguous to P, A, C, and I
feet
districts
(Code 1991, §160.047; Ord. No. 3546, 4-16-91; Ord. No. 4100, §2 (Ex. A), 6-16-98, Ord. No. 4178, 8-31-99; Ord. No.
5312, 4-20-10; Ord. No. 5800 , § 1(Exh. A), 10-6-15)
161.34 - Reserved
(Code 1991, §160.048; Ord. No. 3821, §1, 3-5,8-9-94; Ord. No. 38-06, 6-28-94; Ord. No. 4100, §2 (Ex. A), 6-16-98;
Ord. No. 4128, §1, 12-15-98; Ord. No. 4725, 7-19-05; Ord. No. 4784, 10-18-05; Ord. No.5312, 4-20-10; Ord. No.
5526, 9-18-12; Ord. No. 5800, § 1(Exh. A), 10-6-15)
161.35 - Planned Zoning District
(A) Applicability. To be considered for a Planned Zoning District, the applicant shall meet all of the following criteria:
(1) Location. Any property located within the city limits is eligible for a Planned Zoning District. Upon City Council
approval, an owner or developer of a specific piece of property located within the City's designated planning
area may be authorized to submit a Planned Zoning District application in conjunction with an annexation
request, but final approval of the PZD will not be effective until said property is annexed into the City of
Fayetteville.
(2) Size. There shall be no minimum or maximum tract size for a PZD application.
(B) Purpose. The intent of the Planned Zoning District is to permit and encourage comprehensively planned zoning
and development whose purpose is redevelopment, economic development, cultural enrichment or to provide a
single -purpose or mixed-use planned development and to permit the concurrent processing of zoning and
development. The City Council may consider any of the following factors in review of a Planned Zoning District
application.
(1) Flexibility. Providing for flexibility in the distribution of land uses, in the density of development and in other
matters typically regulated in zoning districts.
(2) Compatibility. Providing for compatibility with the surrounding land uses.
(3) Harmony. Providing for an orderly and creative arrangement of land uses that are harmonious and beneficial
to the community.
(4) Variety. Providing for a variety of housing types, employment opportunities or commercial or industrial
services, or any combination thereof, to achieve variety and integration of economic and redevelopment
opportunities.
(5) No Negative Impact. Does not have a negative effect upon the future development of the area;.
(6) Coordination. Permit coordination and planning of the land surrounding the PZD and cooperation between
the city and private developers in the urbanization of new lands and in the renewal of existing deteriorating
areas.
(7) Open Space. Provision of more usable and suitably located open space, recreation areas and other common
facilities that would not otherwise be required under conventional land development regulations.
(8) Natural Features. Maximum enhancement and minimal disruption of existing natural features and amenities.
(9) Future Land Use Plan. Comprehensive and innovative planning and design of mixed use yet harmonious
developments consistent with the guiding policies of the Future Land Use Plan.
(10) Special Features. Better utilization of sites characterized by special features of geographic location,
topography, size or shape.
(11) Recognized Zoning Consideration. Whether any other recognized zoning consideration would be violated in
this PZD.
(C) Rezoning. Property may be rezoned to the Planned Zoning District by the City Council in accordance with the
requirements of this chapter and Chapter 154, Amendments.
(1) Each rezoning parcel shall be described as a separate district, with distinct boundaries and specific design
and zoning standards. Each district shall be assigned a project number or label, along with the designation
"PZD". The rezoning shall include the adoption of zoning standards and a specific master plan.
(2) All uses identified within §162 Use Units of the Unified Development Code maybe allowed as permissible
uses or conditional uses, unless otherwise specified, subject to City Council approval of the Planned Zoning
District request.
(3) Residential Density. Residential densities shall be determined on the basis of the following considerations
(a) The densities of surrounding development;
(b) The densities allowed under the current zoning;
(c) The urban development goals and other policies of the city's Future Land Use Plan;
(d) The topography and character of the natural environment; and
(e) The impact of a given density on the specific site and adjacent properties.
(4) Building Setback. There shall be no minimum building setback except as may be determined by the Planning
Commission and City Council during review of the zoning plan based on the uses within the development
and the proximity of the development to existing or prospective development on adjacent properties. Greater
setbacks may be established by the Planning Commission or City Council when it is deemed necessary to
provide adequate separation from adjacent properties.
(5) Building Height. There shall be no maximum building height except as may be determined by the Planning
Commission and City Council during the review of the zoning plan based on the uses within the development
and the proximity of the development to existing or prospective development on adjacent properties. A lesser
height may be established by the Planning Commission or City Council when it is deemed necessary to
provide adequate light and air to adjacent property and to protect the visual quality of the community.
(6) Building Area. The Planning Commission and City Council shall review specific proposed lot coverages
which generally correspond to the guidelines for lot coverage in the respective residential, office, commercial
or industrial district which most depicts said development scheme.
(Ord. No. 4434, §1 (Ex. A), 11-19-02; Ord. No. 4717, 7-5-05; Ord. No. 4764,09-20-05; Ord. No. 4783, 10-18-05; Ord.
No. 5312, 4-20-10; Ord. No. 5675, 4-1-14; Ord. No. 5800, § 1(Exh. A), 10-6-15)
161.36-161.99 - Reserved
(Ord. No. 4930, 10-03-06 repealed and re -adopted the entire chapter)
CHAPTER 162: USE UNITS
162.01 - Establishment/Listing
The various use units referred to in the zoning district provisions are herein listed in numerical order. Within the use
units, the permitted uses are ordinarily listed in alphabetical order. In these use units where there is a preliminary
descriptive statement (which may mention specific uses) in addition to the detailed list of uses, the detailed list shall
govern. The asterisk (*) next to a specific use indicates that the use has special conditions as required by Chapter 163,
Use Conditions and Chapter 164 Supplemental Regulations.
Unit 1City-wide
uses by right
Unit 2City-wide
uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 6
Agriculture
Unit 7
Animal husbandry
Unit 8
_-- ----- ------ . ....._.._ . ........
Single-family dwellings
... ...... .......�
Unit - -9..........................
dwellings_..__.
Unit 10
_....Two-family
_w.._.....__..____._....._...._......
Three- and four -family dwellings
Unit 11
Manufactured home park
Unit 12a
–
Limited business
[
I
.. _.._.__.._..__
Unit 12b
_._...__.....__.._..._...._.._...._............._._...-.._....
General business
Unit 13
Eating places
_
_
Unit 14
_...__...._._.:...._._................................_....-......_..._......... __.._... _........... _...----... _._.. _ ....
Hotel, motel and amusement facilities
- ........_.._.....i..._.....
!
Unit 15
Neighborhood shopping goods
Unit 16
Shopping .goods
Unit 17
_ ._._._.......... _.__.
Transportation Trades and services
_._.__...._._._.___�
Unit 18
Gasoline service stations and drive-in/drive through restaurants
...
Unit 19
_.__...;._...__.._..._..
.... ..... .......:................. ..................... .................. ..........._.._................. _........... _.._.......................................................... .........................
Commercial recreation, small sites
.__.... W_._ .:.:..__........... _._..........__._................__.__---_._..___n�.
..............�
_..___.
Unit 20
_______.. _
Commercial recreation, large sites
__..__�
Unit 21
__..._.___.___,___.__._
Warehousing and wholesale
..__.._._.. _
Unit 22
Manufacturing
_...,_._....
Unit 23
Heavy industrial
_..... _.............. _.. __........ _ __ �.
F
Unit 24
_................
Home occupation.._.
_ ,
-
Unit 25
_ Offices, studios, and related services
__.._.:._._...._..._.____
Unit 26
_.._-..__....... _..___...._..............._._...__........__..__._._..._-_____..... _..........______......_.........
Multi -family dwellings
.......... __....... ....
_ .
Unit 27
........................ ............. _............ ............................................................... ._............ _..................... _........ __._.......... .._................ _......... .......................... ........................... ............
Wholesale bulk petroleum storage facilities with underground storage
Unit 28
Center for collecting recyclable materials
_._____............._._..._._.___._..._-____.,,._,_
Unit 29
._...._.._.._......... __-......_...._._._................ _.... ___ _..____._._.._._.---........................_........�
Dance halls
.— — _.,..,..
Unit 30
Extractive uses
Unit 31
Facilities emitting odors & facilities handling explosives
-_ ............... .__...__....
Unit 32
............ ._............................................... ......_-_._..__... _ . - .._ . ..__.... ........_........
Sexuallyoriented business
Unit 33
Adult live entertainment club or bar
........._ _ . ... ..
Unit 34
_., ,._._., ... _..___......._._...... _.__._....._
Liquor stores
...................... ..........
Unit 35
....>
Outdoor music establishments
Unit 36 `
Wireless communications facilities
Unit 37
,. ,.._..... ... .......... _
Manufactured homes
.......... _.....
Unit 38
w..-._ ... ............... -_..__.____ __,,.,__ _...._.
Mini -storage units
Unit 39 l
Auto salvage and junk yards
Unit 40
Sidewalk Cafes 1
Unit 41
Accessory dwellings
_..._ _.___ _.._
...................
Unit 42
..... . ........... _.__ _._. _._ .
Clean technologies
,,..
Unit 43
.........
Animal boarding and training
_ ..
Unit 44
_._.._._..__-_._._____._ _._-_ .__.___.___..... v.,
Cottage Housing Development
Unit 45
Small scale production
(J) Unit 10. Three (3) and Four (4) Family Dwellings.
(1) Description. Unit 10 is provided in order that three (3) family and four (4) family attached dwellings may be
located in appropriate residential areas.
(2) Included uses.
Three (3) family dwellings
Four (4) family dwellings
(L) Unit 12a. Limited Business.
(1) Description. Unit 12 consists of small-scale establishments offering commercial goods and services that are
accessible for the convenience of individuals living in residential districts, while compatible in size, scale and
appearance with the surrounding neighborhood. These uses shall be subject to the regulations in Chapter
164. All uses classified under Unit 12 must be within a building containing 3,000 square feet or less,
excluding areas dedicated to residential uses.
(2) Included Uses.
Personal Services:
(Maximum gross floor area of 1500
square feet)
Specialized Retail:
(Maximum gross floor area of 2,000
square feet)
Professional Offices:
(Maximum gross floor area of 3000
square feet)
-Day care
• Dry Cleaning
• Salon/Barber shop
• Tailoring
• Antique/home decor
__...............__......__.........._........................
• Apparel
• Art/architectural
• Bakery, Pastry shops
• Bicycle Shops
Book store
• Coffee shop
• Delicatessen
• Drugstore
• Food specialty stores
_._...___.—.___...__...... __...............
• Florist
Grocery
• Hardware
• Health food store
• Hobby/Craft Stores
• Ice cream
-Meat Market
• Restaurant/cafe
........... ................ _.............. ..............
• Small appliance
• Stationary Store
_. __..------ _.._..._..._..........
........
Toy store
• Video rental
• Accountant
• Architect
• Attorney_
•Broker
• Business/Mgmt
• Doctor
• Dentist
____........ _......
• Engineer
• insurance Sales
• Interior Designer
• Optometrist
• Realtor
• Welfare agency
_............ ---- ...............
• Art
Studios for:(Maximum gross floor area of I Dance
3000 square feet) ___..:........._........_._. ____..._...
• Music
• Photography
• Pottery
(M) Unit 12b. General Business.
(2) Included Uses.
• Ice cream
.....................................
Meat market
---l.. - ............. ..... . - ..- _
• Restaurant/Cafe
j
(0) Unit 15. Neighborhood Shopping Goods. '
(1) Description. Unit 15 includes a variety of frequently purchased commercial goods, where convenience of
location is more important than comparative shopping. These uses are grouped in limited areas while
prohibiting all others not necessary near the residential districts. All uses classified under Use Unit 15 must
be within a building containing 25,000 square feet or less,.excluding.area dedicated to residential uses.
(2) Included Uses.
Personal services -Barber/Salon
..
• Dry cleaning
Laundry facility
��� • Tailoring
Retail • Apparel and accessory
Bakery, pastry shops
• Bicycle shop
• Bookstores
• Coffee shop
• Delicatessen
__ .._.. ......_._ .
• Drugstore
• Electronics
• Florists
• Food specialty stores
• Furniture and Home Decor
(Z) Unit 26. Multi -Family Dwellings.
(1) Description. Unit 26 is provided in order that multi -family dwellings and more than three four attached units
may be located in appropriate residential areas.
(2) Included .Areas Uses.
Apartments
........ _....................... _._
Convalescent home
..........
Dormitory
Fraternity/Sorority houses
Multi -family attached dwellings
Rooming/boarding house
Townhouse, more than three four attached units
CHAPTER 164: SUPPLEMENTARY ZONING REGULATIONS
164.11 - Height Or Setback Regulations; Exceptions And Home Protection Requirements
(A) Side Setbacks -Detached Single-family Units. In RI -1-2 and all multi -family zoning districts that permit detached
single-family units, side setbacks may be varied to permit zero lot line development patterns, subject to all
applicable building and fire codes and the following standards.
(1) The zero lot line allowance only applies to detached single-family homes.
(2) The side setback opposite of the zero lot line shall beat least 10 feet.
(3) 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 maintenance easement and private property. Walls, fences and customary yard accessories
are permitted in the maintenance area.
(B) Side Setbacks -Attached Townhouse Units. 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.
(C) Home Protection Requirements. Regardless of any other setback or build -to zone regulations, new multifamily,
commercial, office, parking deck, or mixed use construction exceeding 24 feet in height which adjoins or abuts a
single family home being used primarily as a single family residence within the Downtown General or Main Street
Center Zoning Districts must at a minimum be set back from the side or rear adjoining property line at least 15
feet. The maximum height of the new building from the 15 -foot setback shall be 36 -feet for an additional 15 -foot
stepback from the residence's property line. These setback and stepback requirements are minimums so that, if
larger setbacks or stepbacks are required by other zoning laws, the larger setback/ste p backs are controlling.
(D) The height limitations contained in the Zoning Regulation, Chapter 161, do not apply to spires, belfries, cupolas,
antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the
roof level and not intended for human occupancy.
(Code 1965, App. A., Art. 8(6); Ord. No 1747, 6-29-70; Ord. No. 2555, 8-21-79; Code 1991, §160.113; Ord. No. 4100,
§2 (Ex. A), 6-16-98; Ord. No. 5225, 3-3-09; Ord. No. 5327, 6-1-10; Ord. No. 5636, 12-03-13; Ord. No. 5800, § 1(Exh.
A), 10-6-15)
CHAPTER 166: DEVELOPMENT
166.01 -Development Categories
(A) Property Line Adjustment. A property line adjustment is a transfer or adjustment of a property line or lines between
adjoining property owners which does not create a separate, new lot. A property line adjustment cannot dedicate
new easements or right-of-way.
(B) Subdivision of Land.
(1) Lot Split. When a property is to be subdivided into two (2), three (3) or four (4) lots, the application may be
processed as a lot split. After the creation of more than four lots from an original parent tract, any subsequent
subdivision of the parent or resulting tracts is required to be processed as a preliminary/final plat, or
concurrent plat. A lot split may dedicate new easements or right-of-way, and may be combined with an
easement plat.
(2) Preliminary Plat. When a property is to be subdivided into more than four lots, or when a parent or resulting
tract has been subdivided three or more times and is proposed to be further subdivided, the application shall
be processed as preliminary plat. A preliminary plat establishes the preliminary location of lot lines, streets,
and utility infrastructure, and allows for the applicant to request construction plan approval and install
required improvements.
(3) Final Plat. After completion of the required infrastructure (water, sewer, storm drainage, utilities, street
improvements, etc.) for a preliminary plat, the subdivider may submit an application for approval of the final
plat. The final plat application may not be submitted until the final inspection for the required infrastructure
has been scheduled with City Engineering staff.
(4) Concurrent Plat. A concurrent plat combines the preliminary and final plat into one step. A concurrent plat is
permitted when a property is to be subdivided into more than four (4) lots, or when a parent or resulting tract
has been subdivided three (3) or more times and is proposed to be further subdivided, and the existing and
new parcels do not require construction of new infrastructure.
(C) Concept Plan. When a developer intends to subdivide or develop land within the city or city's planning area
boundary he/she may submit a concept plan to obtain feedback and recommendations from city staff and the
Planning Commission prior to submitting a fully engineered development plan for review.
(D) Large Scale Development. A large scale development is generally intended for, but not limited to, a non-
residential, mixed use, or multi -family development on a site of 1 acre or greater in size, or the construction of a
multi -family building or buildings with twenty-four (24) units where subdivisions of land is not proposed.
(1) Requirement. The development of the following must be processed in accordance with the requirements for
a large scale development:
(a) A lot or parcel 1 acre or greater in size;
(b) Facilities emitting odors or handling explosives.
(2) Excluded Developments. The following shall be excluded from the large scale development review process:
(a) Single -Family. A single-family residence, an addition to a single-family residence, or an accessory
structure for a single-family residence;
(b) Additions. An addition to an existing structure if the addition will not:
(i) Exceed 10,000 square feet; or
(ii) Require more than twenty-five (25) additional parking spaces under the provisions of Chapter
172, Parking and Loading; or
(iii) Require a change in existing ingress or egress.
(c) Additional Structure. An additional structure when erected as part of an existing development, subject
to the limitations of (D)(2) above.
(d) Prefabricated Accessory Buildings. A prefabricated, movable accessory building.
(e) A development on a lot or parcel in a zoning district subject to administrative approval.
(3) Modifications.
(a) Minor Modifications. The Zoning and Development Administrator may authorize minor modifications in
an approved large scale development or subdivision of land. Minor modifications shall include, but not
be limited to, substitutions of one approved structural type for another, minor variations in placement
of buildings in such a way that the overall limits of approved floor area, open space or rooms per acre
are not increased, and minor shifts in property line locations.
(b) Major Modifications. In the event that a developer wishes to make major modifications to an approved
development, such modifications shall be submitted to the Subdivision Committee or Planning
Commission in a form which compares the approved submission with the desired changes. After
submission, the Subdivision Committee shall approve or disapprove the requested modifications.
(E) Large Site Improvement Plan. A large site improvement plan review is intended for a large scale development
that is located on a site within a zoning district that permits administrative approval. A large site improvement plan
is subject to the requirements and excluded developments for a large scale development listed in Fayetteville
Unified Development Code 166.01 (D). A Large site improvement plan is subject to the modification requirements
of a small site improvement plan listed in Fayetteville Unified Development Code §166.01 (F).
(F) Small Site Improvement Plan. A small site improvement plan review is intended for a non-residential, mixed use,
or multi -family development on a site that is less than one (1) acre in size.
(1) Requirement. The development of the following must be processed in accordance with the requirements for
a small site improvement plan:
(a) A development that is excluded from large scale development review and requires review by multiple
city divisions;
(b) The construction of more than two 2 single-family residences on one (1) lot within any zoning district
other than a single-family zoning district.
(2) Excluded Developments.
(a) The construction of two 2 single-family residences,- an addition to a single-family residence, or an
accessory structure for a single-family residence shall be exempt from the site improvement plan
requirements.
(b) A development that requires review by a single city division
(3) Modifications.
(a) Minor Modifications. The Zoning and Development Administrator may authorize minor modifications to
an approved small site improvement plan. Minor modifications shall include, but not be limited to,
substitutions of one (1) approved structural type for another or minor variations in placement of
buildings in such a way that the overall limits of approved floor area, open space or rooms per acre are
not increased.
(b) Major Modifications. In the event that a developer wishes to make a major modification to an approved
small site improvement plan, such modifications shall be submitted to the Technical Plat Review
Committee, in a form which compares the approved submission with the desired changes. After the
requests made by the Technical Plat Review Committee have been satisfied, the Zoning and
Development Administrator may approve the requested modification.
(Code 1965, App. C., Art. II, §§A—D; Ord. No. 1750, 7-6-70; Ord. No. 2581, 12-4-79; Ord. No. 2789, 1-18-82; Code
1991, §§159.010; 159.11(C), 159.12, 159.13; 159.14; Ord. No. 3781, §1, 4-19-94; Ord. No. 4100, §2 (Ex. A), 6-16-98;
Ord. No. 4350, §1, 11-20-01; Ord. No. 5296, 12-15-09; Ord. No. 5653, 01-21-14)
166.12 - Structures Not Allowed Within Public Easements
(A) No portion of any building, pool (in -ground or above ground) or other immovable structure shall be built within a
public utility easement.
(B) Walls, brick or stone fences (with or without metal portions), monument or pole signs, and other difficult to move
structures may only be built within public easements if permitted by the Zoning and Development Administrator
after receiving written approval by all utility providers that could access the easement. The written documentation
shall be filed of record in the Washington County Circuit Clerk's office. Any related damage or relocation of utilities
or the structure in the easement shall be at the owner/developer's expense. The owner shall be responsible at his
or her own expense to promptly remove any permitted structure or portion of such structure within the easement
if a utility company or the city needs access. A utility company or the city may remove such structure or portion of
a structure itself to avoid delaying necessary installation, maintenance or repair work without liability to the
property owner who may reinstall the permitted structure at his or her own expense once the installation, repair
or maintenance work is finished.
(C) Readily movable fences (field fence, barbed wire, chain link, woodboard privacy, etc.) may encroach upon non -
drainage public easements. Although the property owner is legally responsible to remove a fence blocking an
easement, the city or -utility company may remove such fence blocking an easement if access to the easement is
necessary. The city or utility company will reinstall the fence to its approximate pre -removal condition after the
maintenance, installation, removal or repair of mains or utility structures is finished. Neither the city nor any utility
company shall be liable for damages to any property owner as a result of this subsection.
(D) No fences may be installed in any drainage easement if such installation could impede the drainage through the
easement.
(E) No item may be installed within a public easement that could restrict the function, visibility, or access to a utility
structure such as a manhole, meter, electrical, phone, or cable box, or other structure as may be built for utility
function. No item shall be placed within 3 feet of a fire hydrant or in any way that may restrict visibility, access or
- use of the hydrant, which includes the clear space around the hydrant from which a pressurized hose may extend
when in use.
(Ord. No. 5233, 4-21-09)
CHAPTER 167: TREE PRESERVATION AND PROTECTION
167.04 - Tree Preservation And Protection During Development
(C) Canopy Area. In all new subdivisions, large scale developments, industrial and commercial developments, and
all other improvements listed above, trees shall be preserved as outlined in Table 1 under Percent Minimum
Canopy, unless the applicant has been approved for on-site mitigation or off-site alternatives as set forth in
subsections I. & J. below. The square foot percentage of canopy area required for preservation in new
development is based on the total area of the property for which the applicant is seeking approval, less the right-
of-way and park land dedications. An applicant shall not be required to plant trees in order to reach the percent
minimum canopy requirement on land where less than the minimum exists prior to development, unless trees
have been removed.
Table 1
Minimum Canopy Requirements
PERCENT
ZONING DESIGNATIONS MINIMUM j
CANOPY
R -A, Residential - Agricultural (nonagricultural uses) 25%'
RSF-.5, Single-family Residential - One Half Unit per Acre i 25% i
RSF-1, Single-family Residential - One Unit per Acre 25%
RSF-2, Single-family Residential - Two Units per Acre 20%
RSF-4, Single-family Residential - Four Units per Acre 25%
RSF-7, Single-family Residential - Seven Units per Acre 20% i
RSF-8, Single-family Residential -Eight Units per Acre 20%
RSF-18, Single-family Residential - Eighteen Units per Acre ...__._...........20%° ~
R -O, Residential -Office 20%
RI-12,'Residential Intermediate Twelve (12) Units per Acre 200,40 —
RI -U, Residential Intermediate —'Urban 150/.
Multi -family Residential - Six Units per Acre 20%}
RMF -12, Multi -family Residential - Twelve Units per Acre 20%
RMF -18, Multi -family Residential - Eighteen Units per Acre 20%
........ ......... .................... ..................
.........
RMF -24, Multi -family Residential - Twenty -Four Units per Acre 20%
.......... _____................ .._._..__.._._.._.._..__._.......... ...._.._........ _..__.__.____.._.__......... _...._................... _.... __..._._........._...................................
RMF -40, Multi -family Residential - Forty Units per Acre 20%
NS -L, Neighborhood Services. Limited 20%
NS -G, Neighborhood Services, General 20%°
C-1, Neighborhood Commercial 200/(
J.
CS, Community Services 20%
C-2, Thoroughfare Commercial 15%
. _.
UT, Urban Thoroughfare____mm15%
C-3, Central Business Commercial
15%
........
DC, Downtown Core
? 10%
MSC, Main Street Center
10%
DG, Downtown General
10%
_._m_„m._ __, _. ._ __._._...._.._,_.__..._.._..._._.............m.,,._.,..,..,..__.,._....._...:_..__._..._
NC, Neighborhood Conservation
_ ...... ........
.m. __. ....._ _,..e.�
20%
W..._..._......._._.__......_......... ..... .. .... _ .
1-1, Heavy Commercial and Light Industrial
....._.._. o___ . .;.
15/0
1-2, General Industrial
15%
W,w _....... ._...... ... . .... _ _.__.., ............ .......
P-1, Institutional
_. ... _
¥ 25%
PZD, Planned Zoning District
1 25%
(HHOD)
' (30%) i
CHAPTER 169: PHYSICAL ALTERATION OF LAND
169.03 - Permits Required/Exceptions
(A) Permit Required. No grading, filling, excavation, or land alteration of any kind shall take place without first
obtaining:
(1) A grading permit pursuant to this chapter except as specified in §169.03(6);
(2) A stormwater management, drainage and erosion control permit (hereinafter referred to as a "drainage
permit') except as specified in §170.03(C) and §170.03(D); and
(3) An Arkansas Department of Environmental Quality Stormwater Construction Permit and incorporated
Stormwater Pollution Prevention Plan, if required by state law.
(4) A grading permit is required by the city for any development occurring within the Hillside/Hilltop Overlay
District boundaries. If a parcel of land is divided by the Hillside/Hilltop Overlay District boundary, then only
that portion of land lying within the boundary is subject to the requirements of this chapter.
(B) Exceptions Where No Grading Permit Is Required. Grading permits are not required for the following:
(1) Excavation Below Finish Grade. Excavations below finished grade for basements, swimming pools, hot tubs,
septic systems, retaining walls under 4 feet in height, and like structures authorized by a valid building permit.
(2) Cemetery Graves. Cemetery graves.
(3) Refuse Disposal. Refuse disposal sites controlled by other regulations.
(4) Single-Family/Duplex. Construction of up -to two (2) single-family residences on a'single lot, or duplex not
located within the one hundred (100) year flood plain, the Hillside/Hilltop Overlay District, or on a slope 15%
or greater.
(5) Building Additions . Building additions of less than 2,000 square feet where associated land alteration
activities are not beyond the scope of what is necessary to construct said addition and are not located within
the one hundred (100) year flood plain, the Hillside/Hilltop Overlay District, or on a slope 15% or greater.
(6) Other minor fill or grading for maintenance purposes such as landscaping-, yard grading, maintenance,
farming, gardens, and similar activities.
(C) Grading Permit Application and Approval. No grading permit shall be issued until the grading plan, endorsed by
a registered architect, landscape architect, or engineer, is approved by the City Engineer. A separate permit shall
be required for each site; it may cover both excavations and fills. Grading permits may be issued jointly for parcels
of land that are contiguous, so long as erosion control measures are in place until project completion. Any
application for a required grading permit under this chapter shall be submitted concurrently with the application
and calculations for a drainage permit if such a drainage permit is required by §170.03., coordination with Chapter
167. Tree Preservation and Protection is required.
(D) Permit Posted. A copy of the grading permit cover page shall be posted at or near the street right-of-way line and
shall be clearly visible from the street.
(Code 1991, §161.03; Ord. No. 3551, 6-5-91; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4113, §1, 8-18-98; Ord.
No. 4313, 5-15-01; Ord. No. 4855, 4-18-06; Ord. No. 5336, 8-3-10; Ord. No. 5702, Repealed & Replaced Chp. 169,
8-5-14)
CITY OF
Fay le
ARKANSAS
TO:
FROM:
THRU:
MEETING DATE:
PLANNING COMMISSION MEMO
Fayetteville Planning Commission
Jonathan Curth, Senior Planner and City Planning Division Staff
Andrew Garner, Planning Director
November 28, 2016 (Updated with Planning Commission Results)
SUBJECT: ADM 16-5631: Administrative Item (UDC CHAPTERS 161 & 162
AMENDMENTS): Submitted by PLANNING STAFF for revisions to several
chapters in the Unified Development Code. The proposal is to create two
new zoning districts, a new use unit, and include accessory dwellings as a
permitted use in several existing districts. The intent of the code changes
are to facilitate greater flexibility in medium -intensity commercial and
medium -intensity urban residential development.
RECOMMENDATION:
Staff recommends that the Planning Commission discuss and forward ADM 16-5631 to the City
Council with a recommendation of approval.
PROJECT SYNOPSIS:
November 14th Planninq Commission: This item
ibled at the Novi
2016 Planning Commission meeting The commission was generally in favor of the proposal. At
that meeting the commission requested staff evaluate the potential to reduce the minimum lot
width for two-family dwellings in the Neighborhood Services districts (NS -L and NS -G) and to
evaluate including four -family dwellings as a use by right in the RT -U zoning district. Staff has
evaluated these comments and incorporated them into the proposed code changes, agreeing
that they are in line with the intent of the overall proposal. Staff has also modified one of the
three dimensional diagrams to incorporate the NS zoning district within the residential single
family block as suggested by the commission.
Staff proposes the following code changes:
Create two new zoning districts, a new use unit, and include accessory structures as a
permitted use in appropriate zoning districts to facilitate the goals of City Plan 2030 and
supplement the gaps in the existing zoning districts to encourage appropriate medium -
intensity residential and commercial development.
o The Residential Two (2) and Three (3) Family, Urban (RT -U), zoning district is
intended to encourage attached and detached housing development that is more
urban and walkable than low- and medium -density residential, but with less impact
on services or adjacent properties than high-density housing. This district is
intended to allow similar development patterns as the DG, Downtown General,
zoning district, without the non-residential uses and high density apartment
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
buildings that can pose compatibility issues when a DG rezoning is proposed in an .
existing neighborhood.
■ Properties developed under the proposed RT -U zoning district do not have
lot area minimums and have reduced setbacks and lot width requirements,
facilitating infill and traditional town form.
o The Neighborhood Services, General (NS -G) zoning district is a form -based
district that permits mixed-use and medium -intensity commercial development that
is limited in size and contextually sensitive to residential areas. This district is
intended to fill the gap in zoning between the existing NS, Neighborhood Services,
and CS, Commercial Services, districts.
■ The commercial uses allowed by right are generally considered to not pose
compatibility issues with adjacent residential areas.
■ The increased allowed building size widens the breadth and viability of
commercial uses complimentary and adjacent to residential areas.
o Use Unit 12b, General Business, fits in between the current Use Units 12 and 15
with regards to the permitted uses and the 8,000 square foot maximum building
square footage allowed (UU-12 and -15 allow for 3,000 and 25,000 square feet
respectively)
■ Use Unit 12b is proposed as a permitted use in Neighborhood Services,
General to permit the aforementioned greater array of allowed activities
and building size in between that allowed in the current NS and CS districts.
o The addition of Use Unit 41: Accessory Dwellings, is proposed to be added as a
permitted use to those zoning districts that permit single-family dwellings by right._
o The addition of Four (4) Family Dwellings to Use Unit 10, Three (3) Family
Dwellings, to facilitate the development of `middle missing' housing in a wider array
of zoning districts.
DISCUSSION:
Over the past year Planning staff has received feedback from developers, Commissioners, and
Alderman that the current zoning districts in the City of Fayetteville need to broadened to provide
sufficient flexibility to adequately pursue the goals laid out in City Plan 2030, particularly with
regards to the pursuit of appropriate infill and traditional town form. In the interest of facilitating
development that is complementary to the City's goals, staff developed the two new zoning
districts and a related use unit outlined above.. .
The first zoning district, RT -U, is proposed as a tool to foster infill development in an urban pattern.
Staff envisages this district increasing density and housing opportunities in areas with existing
services and facilities. A frequent concern in urban areas nationwide, and not an uncommon
complaint in Fayetteville, is that there is little in the way of housing variety between detached
single-family homes and larger multi -family developments. The RT -U zoning district can
potentially address and ameliorate this 'missing middle' and provide another option for attainable
housing.
The second proposed district, NS -G, General, seeks to address applicant, staff, Commissioner,
and Alderman concerns with recommending zoning districts that do not include uses
complimentary to residential areas in order to provide a needed form or function not otherwise
allowed. The most frequent instance of this has been the request for CS, Commercial Services
rezonings to allow for specific residentially -sensitive commercial uses that need a greater building
size than the 3,000 square feet allowed in NS, Neighborhood Services. Given the allowance of
buildings as large as 25,000 square feet and uses like gas stations and drive-through restaurants
WETC\Development Services Review\2016\Development Review\16-5631 ADM Amend. to UDC Chs. 161 & 162
(New Zoning Dist.)\03 Planning Commission\11-28-2016
in the CS zoning district, this presents potential compatibility issues. The proposed NS -G zoning
district and associated Use Unit 12b address these concerns by creating a form -based district
with uses determined to be residentially -sensitive and in structures of appropriate size. These
code changes are part of a continual effort to calibrate our zoning code to the market,
development trends, and adopted City policy. The new districts and use unit provide more refined
tools in the City's coning district 'toolkit,' encouraging a greater degree of compatibility and
transition in specific contexts.
Amendments and changes to the Unified Development Code are proposed as follows:
1. Chapter 160: Zoning Districts. Add RT -U and NS -G zoning districts to the Establishment
of Districts table.
2. Chapter 161: Zoning Regulations.
• Add RT -U, Residential Two (2) and Three (3) Family zoning district. The proposed
zoning district requirements are attached.
• Add NS -G, Neighborhood Services, General zoning district. The proposed zoning
district requirements are attached.
• Amend the NS, Neighborhood Services, zoning district to read "NS -L,
Neighborhood Services, Limited"
• Amend all districts that allow Use Unit 10 as a -permitted or conditional use to
include the unit's new language (See below).
• Add Use Unit 41: Accessory Dwellings as a permitted used in all districts that allow
a single-family dwelling by right.
3. Chapter 162: Use Units.
• Amend Unit 10 to_read "Three (3) and Four (4) Family Dwellings"
• Amend Unit 12 to read "Unit 12a" and add Unit 12b.
• Amend Units 12a and 15 to include language excluding areas dedicated to
residential uses from the maximum allowed building size.
• Add Unit 12b. General Business. The proposed Use Unit requirements are
attached.
• Amend Unit 26 to read "...multi -family dwellings of more than four attached unts..."
4. Chapter 164: Supplementary District Regulations.
• Amend Section A to read "In RT and all..." rather than "In RT -12 and all..."
5. Chapter 166: Development
• Amend the "Requirement" and "Excluded Developments" sections of Small Site
Improvement Plan to read "...two (2) single-family residences..." rather than "...one
(1) single-family residence...
6. Chapter 167: Tree Preservation and Protection
• In Table 1 of §167.04:
o Add RT -Urban, Residential Two (2) and Three (3) Family with a 15%
minimum canopy requirement.
o Amend NS, Neighborhood Services, to NS -L, Neighborhood Services,
Limited.
o Add NS -G, Neighborhood Services, General, with a 20% minimum canopy
requirement.
7. Chapter 169: Physical Alteration of Land
• Amend Permits Required/Exceptions to read "Construction of up to two (2) single-
family residences on a single lot..." rather than "Construction of one (1) single-
family residence..."
G:\ETC\Development Services Review\2016\Development Review\16-5631 ADM Amend. to UDC Chs. 161 & 162
(New Zoning Dist.)\03 Planning Commission\11-28-2016
f!
Ic7xd01►4IJ�1:4ill 1J_AIIQkiI
Staff recommends that the proposed code changes be forwarded to by the Planning
Commission to the City Council with a recommendation of approval.
Date: O
IISSION ACTION: Required
BUDGET/STAFF IMPACT:
None
Attachments:
• Proposed zoning districts and use unit:
o §161.12 RT -U, Residential Two (2) and Three (3) Family, Urban
o §161.19 NS -G, Neighborhood Services, General
o §162 Use Unit 12b
• Zoning District Comparisons:
o RT -12 and RT -U
o NS -L and NS -G
• Plan view of proposed zoning districts:
o RT -U
o NS -G
• Idealized transects of proposed zoning districts:
o RT -U Traditional Town Form
o NS -G Traditional Town Form
o NS -G Vehicular-Oriented/Suburban Development
• osed code changes as shown in strikethrough-hi ht:
o (Zoning Districts)
o §161 (ZbniQg Regulations)
0
0
0
0
§162 (Use l
§164 (Supp)
§ 166 (Dgvei
Regulations)
§1.6.7 Tree Preservation and Prov
§169 (Physical Alteration of Land)
In the interest of brevity,
and not duplicating the
provided exhibit, this
attachment is not
included in the materials
for City Council.
G:\ETC\Development Services Review\2016\Development Review\16-5631 ADM Amend. to UDC Chs. 161 & 162
(New Zoning Dist.)\03 Planning Commission\11-28-2016
ADM 16-5631
Proposed RT -U Zoning District
161.12 - District RT -U, Residential Two (2) And Three (3) Family, Urban
(A) Purpose. The RT -U 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, but with less impact than high density development, to encourage the development of areas with existing
public facilities and to encourage the development of a greater variety of housing.
(B) Uses.
Cultural and recreational facilities
(1)
Permitted Uses.
....
Unit 1 ;
....... ..... ...... _.... __...................... .__.._...__.._..____.__..._.__..._......_._.......... _.... _.._............
City-wide uses by right
Unit 8.__I
-:family dwellings._.._.__
Unit 9 1
........._._. _._,___Single
_..__..
Two (2) family dwellings
Unit 10
Three_(3) and four (4) family dwellings
Unit 41
ryAccessory dwellings
Unit 44 i
Cottage Housing Development
(2)
Conditional Uses.
Unit 2 1 City-wide uses by conditional use permit
Unit 3 1 Public protection and utility facilities
Unit 4 '
Cultural and recreational facilities
._...._._..,__.-_.............,..._
Unit 5
Government facilities
Unit 12 !
Limited business
Unit 24 1
Home occupations
Unit 26
Multi -family Dwellings
Unit 36 '
Wireless communications facilities
(C) Density. None.
(D) Bulk and Area Regulations
Front
A build -to zone that is
located between the
front property line and
a line 25 feet from the
front property line.
Side Side Rear Rear, from
Other :Single & Other ;centerline of
Uses f Two (2) Uses an alley
family
None I 5 feet 5 feet 12 feet
(F) Building Height Regulations.
Building height maximum 30/45 feet
*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 60% of the total lot area.
(H) Minimum Buildable Street Frontage. 50% of the lot width.
ADM 16-5631
Proposed NS -G Zoning District
161.19 - Neighborhood Services, General
(A) Purpose. The Neighborhood Services, General district is designed to serve as a mixed use area of medium
intensity. Neighborhood Services, General promotes a walkable, pedestrian -oriented neighborhood development
form with sustainable and complementary neighborhood businesses that are compatible in scale, aesthetics, and
use with surrounding land uses. For the purpose of Chapter 96: Noise Control the Neighborhood Services district
is a residential zone.
(B) Uses.
(1) Permitted Uses.
Unit 1 City-wide uses by right
U 8 Single -family, -dwellings
Unit 9 Two-family dwellings
Unit 10 Three (3) and four (4) family dwellings
Unit 21 b General Business .._
U it 24 µvvN µu Home occupations
Unit 41 Accessory Dwelling Units
.. .�.�_��.....��. _ ....m...._ m..-- .._...._......m.. ,
Unit 44 ! Cottage Housing Development
............. .........
Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need
approval when.combined with pre -approved uses.
(2)
Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Un 3
Public protection and utility facilities
Unit 4 £
Cultural and recreational facilities
.... ----------
Unit 5
_ _____
Government facilities
Unit 13
Eating Places
Unit 16
Shopping Goods
Unit 19
Commercial recreation, small sites
Unit 25
_....._................................................._....................... ... .............. a
Offices, Studios and Related Services
Unit 26
...._.......- ................. ...._.............._..:............................................. ... _..........,
Multi -family dwellings j
Urnt 36
.................. :::.............._ a
Wireless communication facilities
Unit 40
Sidewalk Cafes
Unit 45
..... .............. . ___ ...........
Small Scale Production
(C) Density. Eighteen (18) or less per acre.
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Single-family 35 feet
Two (2) family 35 feet
Three or more 90 feet 1
11
All other uses None
(2) Lot Area Minimum.
Single-family 1 4,000 square feet
Two (2) family 3,000 square feet per
or more dwelling unit
.W..__....,..
All other uses None
(E) Setback regulations.
Front I Side Side -Zero Lot Line" Rear
Rear when contiguous to a
single-family residential district
A build -to zone A setback of less than
that is located five feet (zero lot line) is
between the permitted on one interior
front property 5 side, provided a
15
None
line and a line feet ? maintenance agreement
feet
25 ft. from the is filed**. The remaining I
front property side setback(s) shall be
line. 10 feet.
(F) Building Height Regulations.
Building Height Maximum ( 45 feet
(G) Minimum Buildable Street Frontage. 50% of the lot width
ADM 16-5631
Proposed Use Unit 12b
(0) Unit 12b. General Business,
(1) Description. Unit 12b consists of small-scale establishments offering commercial goods and services that
are accessible for the convenience of individuals living in residential districts, while compatible in size, scale
and appearance with the surrounding neighborhood. These uses shall be subject to the regulations in
Chapter 164. All uses classified under Unit 12b must be within a building containing 8,000 square feet or
less, excluding area dedicated to residential uses.
(2) Included Uses.
ADM 16-5631
RT -12 and RT -U Comparison
161.11 - District RT -12, Residential Two (2) And
Three (3) 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-family dwellings
Unit 9 Two (2) family dwellings i
(__....._.._..___.___._
Unit 10 i Three (3) and four (4) family dwellings
Unit 44 i Cottage Housing Development
-------------
(2) Conditional Uses.
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 4 .l Cultural and recreational facilities
Unit 5 Government facilities
Unit 12 Limited business
Unit 24 Home occupations i
Unit Wireless communications facilities
(C) Density.
Units per acre 12
(D) Bulk and Area Regulations.
161.12 - District RT -U, Residential Two (2) And
Three (3) Family, Urban
(A) Purpose. The RT -Urban 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, but with less impact than high
density development, to encourage the
development of areas with existing public
facilities and to encourage the development of a
greater variety of housing.
(B) Uses.
(1) Permitted Uses.
Unit 1 is City-wide uses by right
Unit 8 Single-family dwellings
.--._..-.__- _......
Unit 9 Two (2) family dwellings '
Unit 10 ; Three (3) and four (4) family dwellings
.................:........ __......... ........ _.... .__...____.__._.......___-_---_.___.___________..._.._
Unit 41 ! Accessory dwellings
Unit 44 ) Cottage Housing Development
(2) Conditional Uses.
_..._.._.._____(........... _........ ___._........... _._........._.__.----- -___..._-..__...___.__._______.._-_---_;
Unit 2 .i City-wide uses -by conditional use permit
_..... ..____......... .__._.---------------
.
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities I
Unit 12 Limited business
Unit 24 F Home occupations WA Y4i
Unit 26 Multi -family Dwellings
Unit 36 Wireless communications facilities
(C) Density. None.
(D) Bulk and Area Regulations
Single-
Two (2)
Three (3)
family
family
family ng (all types
we '18
Lot width
Lot width minimum feet
minimum
50 feet
50 feet
90 feet
Lot area minimum None"^V
5,000
10,890
Lot area
7,260 square
minimum
square
feet
feet
square
feet.
(E) Setback Requirements.
Side
............. .:::.:,.W-._._._.1_ ... _....... ._..........._._......_..._
Side
....... ......._..._ ..... _;......._..............._.
Side
Rear Rear
Front (((Other
Single & Other Single
Uses
Two
) ;Uses Family
Uses alley
family
family
A build -to zone
- — -
that is located
[
between the front20
[
property line and a 8 feet
5 feet feet 5 feet
line 25 feet from
€
the front property
a line 25 feet from the
line.
(F) Building Height Regulations.
Building height maximum 30/45 feet
"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(1 [A); 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. No. 5028, 6-
19-07; Ord. No. 5224, 3-3-09; Ord. No. 5262, 8-4-09;
Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord.
No. 5592, 06-18-13; Ord. No. 5664, 2-18-14; Ord. No.
5800, § 1(Exh. A), 10-6-15)
(E) Setback Requirements.
(F) Building Height Regulations.
"Building height maximum 30/45 feet
"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 60% of the total lot area.
(H) Minimum Buildable Street Frontage. 50% of the
lot width. .
S
Side
Side Rear Rear, from
Single & '
Front
Other
Other centerline of
Two (2)
Uses
Uses alley
family
Nan
A build -to zone that is
located between the
front property line and
None
5 feet 5 feet 12 feet
a line 25 feet from the
front property line.
(F) Building Height Regulations.
"Building height maximum 30/45 feet
"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 60% of the total lot area.
(H) Minimum Buildable Street Frontage. 50% of the
lot width. .
S
ADM 16-5631
NS -L and NS -G Comparison
161.18 - Neighborhood Services, Limited
(A) Purpose. The Neighborhood Services, Limited
district is designed to serve as a mixed use area
of low intensity. Neighborhood Services, Limited
promotes a walkable, pedestrian -oriented
neighborhood development form with sustainable
and complementary neighborhood businesses
that are compatible in scale, aesthetics, and use
with surrounding land uses. For the purpose of
Chapter 96: Noise Control, the Neighborhood
Services district is a residential zone.
(B) Uses.
(1) Permitted Uses
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 9
Two (2) family dwellings
Unit 10
Three (3) and four (4) family dwellings
Unit 12a
Limited Business
Unit 24 T
Home. occupations
Unit 41F
Accessory dwelling units
Unit 44 (
Cottage Housing Development
Note: Any combination of above uses is permitted upon
any lot within this zone. Conditional uses shall need
approval when combined with pre -approved uses.
(2) Conditional Uses.
Unit 2 City-wide uses by conditional use
Unit 3 Public protection and utility facilities
U 4 Cultural and recreational facilities
Unit 5 Government Facilities
Unit 13 I Eating places
Unit 15 Neighborhood shopping goods
1_.____ _.-__-_.____-_.__..____.._.....________.___....._.._____-t-e_
it_ �_
Unit 19 Commercial recreation, small ses
Unit 25 Offices, studios and related services
_.._..._W......._...__... _...._.__._..._.._.._._._..._.__...._._.__....__............ .... ...,...____._.
Unit 26 Multi -family dwellings
Unit 36 Wireless communication facilities*
Unit 40 Sidewalk cafes
_...._._..._ ._._._.._.._.__..... _._.. _.___._____.__ _....____.._........... ... � _J
Unit 45 Small scale production
(C) Density.
.._.... _..... ............ ....___.d___..__.._....._ ...... .......:.........._.................
Units per acre Ten (10) or less
__..... __... _......... ............. _..__..._.__.o- ..... _....
i
161.19 - Neighborhood Services, General
(A) Purpose. The Neighborhood Services, General
district is designed to serve as a mixed use area
of medium intensity. Neighborhood Services,
General promotes a walkable, pedestrian -
oriented neighborhood development form with
sustainable and complementary neighborhood
businesses that are compatible in scale,
aesthetics, and use with surrounding land uses.
For the purpose of Chapter 96: Noise Control the
Neighborhood Services district is a residential
zone.
(B) Uses.
(1) Permitted Uses.
Unit 1 City-wide uses by right
Unit Single-family dwellings
Unit 9 Two-family dwellings
I,
;Unit 10 ( Three (3) and four (4) family dwellings
U 12b µ— General Business
Unit 24 _ Home occupations
Unit 41 Accessory Dwelling Units
U it 44 Cottage Housing Development��-
Note: Any combination of above uses is permitted upon
any lot within this zone. Conditional uses shall need
approval when combined with pre -approved uses.
(2) Conditional Uses.
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 13 Eating Places i
Unit 16 Shopping in Goods
Unit 19 € Commercial recreation, small sites
Unit 25 Offices, Studios and Related Services
Unit 26 Multi -family dwellings
Unit 36 Wireless communication facilities*
Unit 40 Sidewalk Cafes _
Unit 45 Small Scale Production
(C) Density.
Units per acre I Eighteen (18) or less
(D) Bulk and Area.
(1) Lot Width Minimum.
......... . ......
Single-family
_
35 feet
.: ............ ... _.......
Two (2)family
__.__
.
35 feet
...,.............._ .....
_ __._...._._..._
Three or more
90 feet
All other uses
None
........ .... .._..._._..._.__........ _.___ _._.... -_ ...........
(2) Lot Area Minimum.
Single-family 4,000 square feet
... __... ................
....._____..__..__._
Two (2) family or 3,000 square feet of lot area per
more dwelling unit
All other permitted
and None
conditional uses
(E) Setback Regulations.
__. m . _.._..... ....... .w. _ ___..,.,.._. _
A build -to zone that is located between 10
Front:and25feet from the front property line
Side 5 feet _.
Rear _ 15 feet
(F) Building height Regulations
-..-------------- _....
Building Height Maximum 45 feet
(G) Building area. On any lot, the area occupied by
all buildings shall not exceed 60% of the total
area of the lot.
(Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord.
No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No.
5735, 1-20-15; Ord. No. 5800, § 1(Exh. A), 10-6-15)
V
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Single-family
.............. .....
35 feet
.... ...........
;. _..._
Two (2) family
35 feet
Three or more
90 feet
All other uses
__.._...... ._ ........ _ __ _................
None
.............................. _ .........
.
(2) Lot Area Minimum.
Single-family
.......... ............ ................
4,000 square feet
.................._.._......_..._...... ..__.............._......._.._........._......
_......__._._...___.____..._....___
Two (2) family
3,000 square feet per
or more
dwelling unit
All other uses q
None
(E) Setback regulations.
Rear when
Contiguous
Front
Side Side -Zero Z
Rear
to a single
Lot Line*'
-family
residential
j
district
_....._.....,
....
A setback of less
A build -to j
j than five feet (zero
zone that is 1
lot line) is permitted
located i
on one interior side,
15
between the
x provided a
feet
front property {feet
' maintenance None.
line and a line =
l agreement is
25 ft. from the
filed**. The
front property
remaining side
line. I
( setback(s) shall be
} 10 feet.
(F) Building Height Regulations. -
__..._,..._.-_.----- ----------- ..... ...
Building Height Maximum 45 feet
(G) Minimum Buildable Street Frontage.50%o of the
lot width.
V
'i
w.. U)
O 0
d =_
T
ca O
LO
�- N
T
C
a CL
O
L-
CL
CL
ADM 16-5631
Plan View Transect of
Proposed NS -G Zoning District
RSF-4, Single-family,
4 Units per Acre
—.18 AC site
NS -L, Neighborhood
Services, Limited
3,000 sq. ft
S-,
Neighborhood
Services,
General
8,000 sq. ft.
10 50
5 20 100
ADM 16-5631
Traditional Town Form Transect
of Proposed RT -U Zoning District
R5F
vs .
ADM 16-5631
Traditional Town Form Transect
of Proposed NS -G Zoning District
ADM 16-5631
\/-1-7_1— P%-!---'---1 ^—--— ' — -- --- - -a -.- .
NORTHWEST ARKANSAS
VeMOCrat 0AUtte RECEIVE
AFFIDAVIT OF PUBLICATION
I, Karen Caler, 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, 5945
Was inserted in the Regular Editions on:
January 26, 2017
Publication Cost: $445.90
C=a a,
Karg Caler
Subscribed and sworn to before me
This � j day of ,017.
lt�&
Notary Public 0Z%
My Commission Expires:
j Ar"I',ca 00U [ItY
1 01al' y Pui.,llc 2, t 1 t3
Lly Commission Exphs Feb 20 2025
**NOTE** Please do not pay from Affidavit
Invoice will be sent.
Ordinance: 5945
File Number: 2016-0622
AMEND CHAPTERS 160, 161,
162, 164, 166, 167, AND 169:
AN ORDINANCE TO AMEND
CHAPTERS 160, 161, 162, 164,
166, 167, AND 169 OF THE
UNIFIED DEVELOPMENT
CODE TO CREATE TWO
NEW ZONING DISTRICTS:
RESIDENTIAL
INTERMEDIATE - URBAN
AND NEIGHBORHOOD
SERVICES - GENERAL AND
NEW USE UNIT 12 B.
GENERAL BUSINESS AND
TO MAKE FURTHER
CHANGES TO
INCORPORATE THESE
AMENDMENTS INTO THE
UNIFIED DEVELOPMENT
CODE.
WHEREAS, the City of
Fayetteville determines that
there are gaps in existing zoning
districts to accommodate a range
of multi -unit housing types
compatible in size and scale with
single-family homes that may
help meet the growing demand
for walkable urban living; and
WHEREAS, small to medium
scaled commercial and mixed-
use development that can exist
to provide neighborhood
services and goods without
allowing undesirable,
unintended consequences may
be facilitated by adding new
zoning options; and
WHEREAS, the City of
Fayetteville has determined that
the two new zoning districts and
one use unit would fill these
gaps and encourage infill,
revitalization, and traditional
town form consistent with
adopted policy.
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
amends §160.01 Establishment
of Districts in the following
manner:
"1) Rename RT -12, Residential
Two (2) and Three (3) family to
'RI, Residential Intermediate,
Twelve (12) Units Per Acre;
2) Insert 'RI -U,
Residential Intermediate -
Urban' immediately after RI -12;
3) Rename NS,
Neighborhood Services, to'NS-L,
Neighborhood Services - Limited';
and
4) Insert'NS-G,
Neighborhood Services - General'
immediately after NS -L"
Section 2. That the City Council of
Fayetteville, Arkansas hereby
amends §160.01 Establishment of
Districts by repealing Residential,
Commercial, and Industrial
Planned Zoning District and
enacting and replacing them with
"PZD, Planned Zoning District".
Section 3. That the City Council of
Fayetteville, Arkansas hereby
amends §§161.01(E) and 161.03(F)
by repealing the abbreviation "A-1"
and replacing it with the
abbreviation "R -A" for Residential
Agricultural.
Section 4. That the City Council of
Fayetteville, Arkansas hereby
amends §161.11 RT -12,
Residential Two (2) and Three (3)
Family by renaming the district
"RI -12, Residential Intermediate,
Twelve (12) Units Per Acre".
Section 5. That the City Council of
Fayetteville, Arkansas hereby
enacts "§161.12 RI -U, Residential
Intermediate - Urban" as shown in
Exhibit "A" attached hereto and
made a part hereof, and renumbers
all subsequent sections of Chapter
161 accordingly.
Section 6. That the City Council of
Fayetteville, Arkansas hereby
amends §161.18 Neighborhood
Services by renaming the district "§
161.18 NS -L, Neighborhood
Services - Limited" and by
modifying the lot width minimum
in §1 61 18(D)(1) to 35 feet for all
dwelling types.
Section 7. That the City Council of
Fayetteville, Arkansas hereby
enacts §161.19 NS -G,
Neighborhood Services - General"
as shown in Exhibit "A" attached
hereto and made a part hereof, and
renumbers all other sections of
Chapter 161 accordingly.
Section 8. That the City Council of
Fayetteville, Arkansas hereby
amends Chapter 161: Zoning
Regulations by replacing "Use Unit
12, Limited Business" with "Use
Unit 12a, Limited Business" and by
replacing "Use Unit 10, Three (3)
Family Dwellings with "Use Unit
10, Three (3) and Four (4) Family
Dwellings" in all zoning districts
that allow these uses as a Permitted
or Conditional Use.
Section 9. That the City Council of
Fayetteville, Arkansas hereby
amends Chapter 161: Zoning
Regulations by enacting and
inserting Use Unit 41: Accessory
Dellings as a Permitted Use in the
owing zoning districts:
"RI -12, Residential Intermediate
twelve (12) Units Per Acre RMF -6,
esidential Multi -Family, Six (6)
Units Per Acre
�ILIIEF-12, Residential Multi -Family,
delve (12) Units Per Acre RMF -
18, Residential Multi -Family,
Eighteen (18) Units Per Acre RMF -
24, Residential Multi -Family,
Twenty -Four (24) Units Per Acre
RMF -40, Residential Multi -Family,
Forty (40) Units Per Acre R -O,
Residential Office
CS, Community Services DC,
Downtown Core MSC, Main
Street/Center DG, Downtown
General"
Section 10. That the City Council of
Fayetteville, Arkansas hereby
amends Chapter 162: Use Units by
enacting and inserting "(M) Use Unit
12b. General Business" as shown on
Exhibit "B" attached hereto and
made a part hereof, and re -lettering
all subsequent sections accordingly.
Section 11. That the City Council of
Fayetteville, Arkansas hereby
amends the table and (J) of § 162.01
to replace Use Unit 10. "Three (3)
family dwellings" with Use Unit 10.
"Three (3) and four (4) family
dwellings", to modify the
Description in (1) and Included Uses
in (2) to refer to "three (3) and four
(4) family dwellings," and to remove
Townhouse development and tri-
plexes from the Included Uses.
Section 12. That the City Council of
Fayetteville, Arkansas hereby
amends §162.01 to replace "Use Unit
12. Limited Business" with "Use
Unit 12a. Limited Business".
Section 13. That the City Council of
Fayetteville, Arkansas hereby
amends §162.01 (Z)(1) Description
by replacing "three attached
dwellings" with "four attached
dwellings" and to amend (Z)(2) by
renaming it "Included Uses" and
changing the "Townhouse" reference
to "more than four attached units."
Section 14. That the City Council of
Fayetteville, Arkansas hereby
amends §162.01 (L), Limited
Business and (0) Unit 15,
Neighborhood Shopping Goods to
add the following language to the
end of the Description section:
"...excluding areas dedicated to
residential uses."
Section 15. That the City Council of
Fayetteville, Arkansas hereby
amends §164.1 ](A) by striking the
abbreviation "RT -12" and replacing
it with the abbreviation "RI."
Section 16. That the City Council of
Fayetteville, Arkansas hereby
repeals §166.01(F)(1)(b) and (2)(a)
and enacts with the following
replacement language:
"§ 166.01(F)(1)(b) Requirement. The
construction of more than two (2)
single-family residences on one (1)
lot within any zoning district other
than a single-family district.
§166.01(F)(2)(a) Excluded
Developments. The construction of
two (2) single-family residences, an
addition to a single-family residence,
or an accessory structure for a
single-family residence shall be
exempt from the
site improvement plan requirements."
Section 17. That the City Council of
the Fayetteville, Arkansas hereby
amends §I67.04(C) Canopy Area,
Table 1, by renaming "RT -12, Two
and Three-family Residential' to "RI -
12, Residential Intermediate, Twelve
(12) Units Per Acre", by renaming
"NS, Neighborhood Services" to
"NS -L, Neighborhood Services -
Limited" and by enacting and
inserting "RI -U, Residential
Intermediate - Urban" and "NS -G,
Neighborhood Services - General"
adjacent to their most similar districts
with the following percent minimum
canopy:
"RI -U, Residential Intermediate -
Urban: 15%
NS -G, Neighborhood Services -
General: 20%"
Section 18. That the City Council of
Fayetteville, Arkansas hereby amends
§169.03(B)(4) by repealing and
replacing it with the following
language:
"§ I 69.03(B)(4) Exceptions Where
No Grading Permit Is Required.
Single-Family/Duplex. Construction
of up to two (2) single-family
residences on a single lot, or duplex
not located within the one hundred
(100) year flood plain, the
Hillside/Hilltop Overlay District, or
on a slope 15% or greater."
PASSED and APPROVED on
1/17/2017
Approved
Lioneld Jordan, Mayor
Attest:
Sondra E. Smith, City Clerk
Treasurer
74000422 Jan.26,2017
FEB 01 2017
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE