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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 ,• ° � f� i7� °° � aN 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