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HomeMy WebLinkAboutORDINANCE 6211t'y AN$ 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6211 File Number: 2019-041 AMEND §161.29 NEIGHBORHOOD CONSERVATION: AN ORDINANCE TO AMEND §161.29 NEIGHBORHOOD CONSERVATION OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE TO CHANGE THE LOT WIDTH MINIMUM FOR ALL DWELLING TYPES TO 40 FEET WHEREAS, §161.29 Neighborhood Conservation provides for varying lot width minimums for single family, two family, and three family dwellings; and WHEREAS, reducing the lot width minimums for two and three family dwellings will mitigate the potential negative impacts of varying lot widths and will encourage attached and single family dwellings to be similar scale in neighborhoods, which is consistent with Goal 1 of City Plan 2030 to prioritize appropriate infill development. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (D)(1) of §161.29 Neighborhood Conservation and enacts a new subsection (D)(1) as follows: "(1) Lot Width Minimum All dwelling types 40 feet" PASSED and APPROVED on 8/6/2019 Page 1 Printed on 817119 File Number 2019-0415 Ordinance 6211 Attest: Sondra E. Smith, City Clerk Trea `{�r�P11u►N,,� �.��,� . ' C I T y •'pF �•, /V COT Page 2 Printed on 8/7/19 City of Fayetteville, Arkansas 113 West Mountain Street 7 \ Fayetteville, AR 72701 (479) 575-8323 Text File — File Number: 2019-0415 Agenda Date: 8/6/2019 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: B 2 AMEND §161.29 NEIGHBORHOOD CONSERVATION: AN ORDINANCE TO AMEND §161.29 NEIGHBORHOOD CONSERVATION OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE TO CHANGE THE LOT WIDTH MINIMUM FOR ALL DWELLING TYPES TO 40 FEET WHEREAS, §161.29 Neighborhood Conservation provides for varying lot width minimums for single family, two family, and three family dwellings; and WHEREAS, reducing the lot width minimums for two and three family dwellings will mitigate the potential negative impacts of varying lot widths and will encourage attached and single family dwellings to be similar scale in neighborhoods, which is consistent with Goal 1 of City Plan 2030 to prioritize appropriate infill development. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (D)(1) of §161.29 Neighborhood Conservation and enacts a new subsection (D)(1) as follows: "(1) Lot Width Minimum All dwelling types 40 feet" City of Fayetteville, Arkansas Page 1 Printed on 8/7/2019 Garner Stoll Submitted By City of Fayetteville Staff Review Form 2019-0415 Legistar File ID 7/16/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 6/28/2019 CITY PLANNING (630) Submitted Date Division / Department Action Recommendation: ADM 19-6725 Administrative Item (Amend UDC chapter 161.29: NC, Neighborhood Conservation): Submitted by the City Planning Division for revisions to UDC Chapter 161.29. The proposed code changes would modify the lot width of the NC, Neighborhood Conservation zoning district. Account Number Project Number Budgeted Item? NA Budget Impact: Current Budget Funds Obligated Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget Fund Project Title 1~ 5 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF JULY 16, 2019 TO: Mayor; Fayetteville City Council THRU: Don Marr, Chief of Staff Garner Stoll, Development Services Director FROM: Andrew Garner, City Planning Director DATE: June 28, 2019 CITY COUNCIL MEMO SUBJECT: ADM 19-6725 Administrative Item (Amend UDC chapter 161.29: NC, Neighborhood Conservation): Submitted by the City Planning Division for revisions to UDC Chapter 161.29. The proposed code changes would modify the lot width of the NC, Neighborhood Conservation zoning district. RECOMMENDATION: Staff and the Planning Commission recommend approval of the proposed code change. BACKGROUND: The NC, Neighborhood Conservation zoning district has much larger lot width for attached dwellings than single family detached. This criteria can lead to attached dwellings being wider, taller, and having obviously more parking than single family. The larger lot width encourages developers of smaller, attached dwellings to rezone NC property to a higher tier district with a narrower lot width. However, these higher tier re -zonings in the midst of NC districts allow development that may be out of scale and context with surrounding dwellings. Districts with the same lot width across dwelling types allow attached dwelling to be built on a similar scale as a single family dwelling. The disparity of NC lot width discourages development of missing middle housing '. The City Planning Division has drafted code changes to modify the lot width for all dwellings types in the NC district to be the same as single family. The changes are intended to mitigate negative impacts of varying lot widths, and encourage attached and single family dwellings to be similar scale in neighborhoods, consistent with Goal 1 of City Plan 2030 to prioritize appropriate infill development. This is potentially the first of multiple code changes implementing Goal 1. Future code amendments may address design standards and permitted/conditional uses to further the goal of scalable residential buildings in a variety of unit types. Missing Middle Housing is a range of multi-rmit or clustered housing types compatible in scale wish detached single family homes Thai help meet the groiring demand fur walkable urban lining. Source. Mips: 7missingmiddlehousing.com Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Request: Staff requests that the City Council amend Fayetteville Unified Development Code Chapter 161.29, Neighborhood Conservation. The code changes are described above and shown in the attached strikeout -highlight and clean versions of the code. DISCUSSION: At the June 24, 2019 Planning Commission meeting, this item was unanimously forwarded with a recommendation for approval. BUDGET/STAFF IMPACT: N/A Attachments: • Proposed code changes shown in strikeout and clean version • Planning Commission staff report ADM 19-6725 Code Changes in Strikeout -Highlight 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 City-wide uses by right Unit 8 1 Single-family dwellings Unit 41 1 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 9 Two (2) family dwellings Unit 10 Three (3) and four (4) family Rear, from dwellings Unit niLimited business* of an alley Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 28 Center for collecting recyclable materials s Unit 36 Wireless communication facilities Unit 44 Cluster Housing Development (C) Density. Ten (10) Units Per Acre. (D) Bulk and Area Regulations. (1) Lot Width Minimum. Single All dwellin t� ypes 1 40 feet (2) Lot Area Minimum. 4,000 square feet (E) Setback Regulations. (F) Building Height Regulations. Building Height Maximum 3 stories ____.__ ._........ _..._. Planning Commission June 24, 2019 Agenda Item 9 19-6725 UDC Ch 161.29 Page 3 of 4 A build -to zone that is located between the front property line Front and a line 25 feet from the front I property line. Side 5 feet Rear 5 feet Rear, from center line 12 feet of an alley (F) Building Height Regulations. Building Height Maximum 3 stories ____.__ ._........ _..._. Planning Commission June 24, 2019 Agenda Item 9 19-6725 UDC Ch 161.29 Page 3 of 4 ADM 19-6725 Code Changes Clean Version 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 City-wide uses by right Unit 8 1 Single-family dwellings Unit 41 I Accessory dwellings (2) Conditional Uses. Unit 2 City-wide uses by conditional use j I permit Unit 3 � Public protection and utility facilities I 1 Unit 4 Cultural and recreational facilities Unit 9 Two (2) family dwellings Rear r Three (3) and four (4) family � Unit 10 i dwellings Unit 12a i Limited business* iUnit 24 Home occupations Unit 25 i Offices, studios, and related services l �J Center for collecting recyclable Unit 28 I materials Unit 36 Wireless communication facilities Unit 44 Cluster Housing Development (C) Density. Ten (10) Units Per Acre. (D) Bulk and Area Regulations. (1) Lot Width Minimum. All dwelling types 40 feet (2) Lot Area Minimum. 4,000 square feet (E) Setback Regulations. (F) Building Height Regulations. Building Height Maximum 3 stories Planning Commission June 24, 2019 Agenda Item 9 19-6725 UDC Ch 161.29 Page 4 of 4 A build -to zone that is located between the front property line Front and a line 25 feet from the front property line. Side � 5 feet Rear r 5 feet Rear, from center line 12 feet of an alley (F) Building Height Regulations. Building Height Maximum 3 stories Planning Commission June 24, 2019 Agenda Item 9 19-6725 UDC Ch 161.29 Page 4 of 4 CITY OF FAYETTEVILLE W4W ARKANSAS PLANNING COMMISSION MEMO TO: City of Fayetteville Planning Commission FROM: Andrew Garner, City Planning Director MEETING DATE: June 24, 2019 (Updated with Planning Commission results) SUBJECT: 19-6725 Administrative Item (Amend UDC chapter 161.29: NC, Neighborhood Conservation): Submitted by the City Planning Division for revisions to UDC Chapter 161.29. The proposed code changes would modify the lot width of the NC, Neighborhood Conservation zoning district. RECOMMENDATION: Staff recommends forwarding the proposed code change to the City Council with a recommendation for approval. RECOMMENDED MOTION: "I move to forward ADM 19-6725 to the City Council with a recommendation for approval." BACKGROUND: The NC, Neighborhood Conservation zoning district has much larger lot width for attached dwellings than single family detached. This criteria can lead to attached dwellings being wider, taller, and having obviously more parking than single family. The larger lot width encourages developers of smaller, attached dwellings to rezone NC property to a higher tier district with a narrower lot width. However, these higher tier re -zonings in the midst of NC districts allow development that may be out of scale and context with surrounding dwellings. Districts with the same lot width across dwelling types allow attached dwelling to be built on a similar scale as a single family dwelling. The disparity of NC lot width discourages development of missing middle housing 1. DISCUSSION: The City Planning Division has drafted code changes to modify the lot width for all dwellings types in the NC district to be the same as single family. The changes are intended to mitigate negative impacts of varying lot widths, and encourage attached and single family dwellings to be similar scale in neighborhoods, consistent with Goal 1 of City Plan 2030 to prioritize appropriate infill development. This is potentially the first of multiple code changes implementing Goal 1. Future 1 Missing .Middle {lousing is a range of multi -unit or clustered housing types — compatible in scale with detached single family homes -- thut help meet the growing demand for walkable urban living. Source: haps:llmisvingmiddlehousing.com Mailing Address: Planning Commission 113 W. Mountain Street www.fayetteville-�0a4, 2019 Fayetteville, AR 72701 Agenda Item 9 19-6725 UDC Ch 161.29 Page 1 of 4 code amendments may address design standards and permitted/conditional uses to further the goal of scalable residential buildings in a variety of unit types. Request: Staff requests that the City Council amend Fayetteville Unified Development Code Chapter 161.29, Neighborhood Conservation. The code changes are described above and shown in the attached strikeout -highlight and clean versions of the code. RECOMMENDATION: Staff recommends that the Planning Commission forward the proposed code changes to the City Council with a recommendation for approval. Planning Commission Action: ❑ Approved ® Forwarded O Denied Meeting Date: June 24, 2019 Motion: Belden Second: Johnson Vote: 8-0-0 BUDGET/STAFF IMPACT: N/A Attachments: • Proposed code changes shown in strikeout and clean version Planning Commission G:\ETC\Development Services Review\2019\Development Services\19-6725 ADM UDC Ch. 161.29 Amend. June 24, 2019 (NC Zoning)\03 Planning Commission\06-24-2019\Comments and Redlines Agenda Item 9 19-6725 UDC Ch 161.29 Page 2 of 4 CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 6, 2019 TO: Mayor; Fayetteville City Council THRU: Don Marr, Chief of Staff Garner Stoll, Development Services Director Andrew Garner, City Planning Director FROM: Jonathan Curth, Senior Planner DATE: July 19, 2019 CITY COUNCIL MEMO SUBJECT: History of the NC, Neighborhood Conservation, Zoning District At the July 16, 2019 City Council meeting, staff presented a text amendment to revise the NC, Neighborhood Conservation, zoning district so that the minimum lot width requirement for all dwelling types is 40 -foot. During the amendment's discussion, Councilmember Petty requested additional detail about the history of the NC zoning district, particularly as it pertains to uses. In summary, the authors of the Downtown Master Plan, Dover, Kohl. & Partners, proposed the NC zoning district with single- and two-family dwellings permitted by -right with 40 -foot lot widths for all uses. The district was adopted in 2006 allowing both uses by -right, but requiring 40, 50, and 60 -foot lot widths for single-, two-, and three-family dwellings respectively. In 2010, lot widths were increased to 40, 80, and 90 feet. Following repeated offerings of bills of assurance to prohibit 2 -family dwellings for NC rezoning requests outside the City's core, the district was revised to make two-family dwellings permitted by conditional. Attachments: • Summary of NC, Neighborhood Conservation's ordinance history • Ordinances: o Draft Ordinance o Ordinance 4930: Adoption o Ordinance 5312: Lot Width Revision o Ordinance 5592: Unit 9, Two-family Dwellings o Current Ordinance Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 History of the NC, Neighborhood Conservation, Zoning District Developed in association with the Downtown Neighborhood Master Plan History to adoption: April 30, 2004- Draft zoning district proposed (attached) • Lot width: 40 -foot for all building types • Density: 4 units per acre • Lot area minimum: None • Setbacks: Reduced when like uses are adjacent • Notable permitted Uses: o Unit 8 (Single-family Dwellings) o Unit 9 (Two-family Dwellings) o Unit 24 (Home Occupations) July 12, 2006- Presented to Council as described above, except: • Lot width: 40 -foot for all building types • Density: None • Removing the following from permitted uses: o Unit 3 (Public Protection and Utility Facilities) o Unit 24 (Home Occupations) • Adding the following as conditional uses: o Unit 3 (Public Protection and Utility Facilities) o Unit 10 (3 -family Dwellings) o Unit 12 (Offices, Studios, and related services; now classified as Unit 25) o Unit 13 (Eating Places) o Unit 15 (Neighborhood Shopping Goods) o Unit 24 (Home Occupations) o Unit 25 (Professional Services) September 22, 2006- Revised and presented to Council (as adopted Oct. 2006; Ord 4930): • Lot width: 0 40 -foot for Single-family 0 50 -foot for 2 -family 0 60 -foot for 3 -family • Density: 10 units per acre • Lot area minimum: 4,000 square feet • Removing the following from permitted uses: o Unit 4 (Cultural and Recreational Facilities) o Unit 5 (Government Facilities) • Adding the following as conditional uses: o Unit 4 (Cultural and Recreational Facilities) • Removing the following from conditional uses: o Unit 13 (Eating Places) o Unit 15 (Neighborhood Shopping Goods) History since adoption: Ordinance 5128 (04-15-2008): Unit 41, Accessory Dwelling Units added as a permitted use. Ordinance 5312 (04-20-2010): Creation of new form -based zoning districts and modification of existing form -based zoning districts. • Lot width: 0 40 -foot for Single-family 0 80 -foot for 2 -family 0 90 -foot for 3 -family • Setbacks: o Streamlined to apply setbacks uniformly, regardless of use Ordinance 5462 (12-06-2011): Unit 44, Cottage Housing Development, added as a conditional use Ordinance 5592 (06-18-2013): Clarification, and amendment of urban zoning districts standards to provide clarification • Minimum Buildable Street Frontage: Removed • Removing the following from permitted uses: o Unit 9 (Two-family Dwellings) • Adding the following as conditional uses: o Unit 9 (Two-family Dwellings) Ordinance 5664 (02-18-2014). Unit 44, Cottage Housing Development, added as a conditional use following clerical error Ordinance 5800 (10-06-2015): NC section number revised with amendment to add RSF-18 zoning district. Ordinance 5921 (11-01-2016): Unit 44 renamed "Cluster" Housing Development. Ordinance 5945 (01-17-2017): NC section number revised with amendment to add RI -U and NS -G zoning districts. Ordinance 6015 (11-21-2017): NC section revised with amendment to change building height restrictions from feet to stories. Draft Ordinance 04-30-2004 TITLE XV UNIFIED DEVELOPMENT CODE (c) Density. Unit 8 Single-family dwellings Unit 9 Two-family dwellings Residential units ger acre 4 to 24 Unit 24 Home occupations (d) Bulk and area regulations. (1) Lot width minimum. Dwelling all unit es 18 ft. (2) Lot area minimum. None. (e) Setback regulations. Front The principal fagade of a building shall be built within a build -to zone that is located between a line 5 feet from the front property line and a line 20 ft. from the front property line. Side, facinq street 5 ft. Side. internal None Rear, without easement 5 ft. or aIle 5 ft. Rear, from center line of 12 ft. an easement or aIle 5 ft. Note: If the Regulating Plan shows an alley along the rear, side, or across a property line, adjustments to setbacks might be necessary. See Section 161.26(C)(3)-(8). (f) Minimum buildable street frontage. 50% of lot width. (g) Height regulations. Minimum height is 1 story. Maximum height is 4 stories. (4) Neighborhood Conservation. (a) Purpose. The Neighborhood Conservation transect zone has the least activity and a lower density than the other transect zones. Although Neighborhood Conservation is the most purely residential transect zone, it can have some mix of uses, such as civic buildings. Neighborhood Conservation serves to promote and protect neighborhood character. (b) Uses. (1) Permitted uses. Unit 1 Ci -wide uses by right Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities (2) Conditional uses. Unit 2 Cit -wide uses by conditional use permit Unit 28 Center for -collecting recyclable materials Unit 36 Wireless communication facilities (c) Density. Residential units per acre 1 4 (d) Bulk and area regulations. (1) Lot width minimum. Dwelling all unit es 40 ft. (2) Lot area minimum. None. (e) Setback regulations. Front The principal fagade of a building shall be built within a build -to zone that is located between a line 5 feet from the front property line and a line 20 ft. from the front property line. Side, facing street 5 ft. Side, internal, if adjoining None a similar use unit. Side, internal, if adjoining 5 ft. a different use unit Rear, without easement 5 ft. or aIle Rear, from center line of 12 ft. an easement or aIle Note: If the Regulating Plan shows an alley along the rear, side, or across a property line, adjustments to setbacks might be necessary. See Section 161.26(C)(3)-(8). (f) Minimum buildable street frontage. 40% of lot width. (g) Height regulations. Minimum height is 1 stories. Maximum height is 3 stories. (5) Cultural and Entertainment Overlay District. C D 161:26.8 DRAFT April 30, 2004 (a) Purpose. The Cultural and Entertainment Overlay District is a designated area within the Downtown District in which entertainment venues and cultural activities are encouraged. The Overlay District lies within the Main �1 �1 fJ Side, internal None Rear, without 5 ft. easement or alley Cultural and recreational facilities Rear, from center line 12 ft. of an easement or alley Offices, studios and related services Y Ordinance 4930: Adoption 10-03-2006 (F) Minimum buildable street frontage. 50% of lot width. (G) Height regulations. Maximum height is 4 stories or 56 feet which ever is less. (11) Parking regulations. No parking lots are allowed to be located in the front or side build -to -zone facing a public right of way. § 161.23 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 l Cit -wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellin s (2) Conditional uses. Unit 2 City-wide uses by conditional use pen -nit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 10 Three-family dwellings Unit 12 Offices, studios and related services Unit 24 1 Home Occupations Unit 25 Professional services Unit 28 Center for collecting recyclable materials Unit 36 Wireless communication facilities (C) Density 10 Units/Acre. (D) Bulk and area regulations. (1) Lot width minimum. Single Family 40 ft. Two Family 50 ft. Three Family 60 ft. (2) Lot area minimum. 4,000 Sq. Ft. (E) Setback regulations. Front The principal fagade of Unit 3 a building shall be built Unit 4 within a build -to zone Unit 6 that is located between Unit 12 the front property line Unit 13 and a line 25 ft. from Unit 17 the front property line. Side, facing street The principal fagade of Unit 21 a building shall be built Unit 22 within a build -to zone Unit 25 that is located between the front property line and a line 25 ft. from the front property line. Side, internal, if 5 ft. adjoining a similar use unit. Side, internal, if 5 ft. adjoining a different use unit Rear, without 5 ft. easement or aIle Rear, from center line 12 ft. of an easement or alley (F) Minimum buildable street frontage. 40% of lot width. (G) Height regulations. Maximum height is 3 stories or 45 feet which ever is less. §-161.24 District I-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 Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 6 A riculture Unit 12 Offices, studios and related facilities Unit 13 Eating laces Unit 17 Trades and services Unit 18 Gasoline service stations & drive-in restaurants Unit 21 Warehousing and wholesale Unit 22 Manufacturing Unit 25 1 Professional offices EXHIBIT "A" ADM 09-3502 Page 8 of 15 (F) Minimum buildable street frontage. 50% of lot width. (G) Height regulations. Maximum height is 4 stories or 56 feet which ever is less. (Ord. 5028, 6-19-07; Ord. 5029, 6-19-07) 161.26 Neighborhood Conservation (A) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other zones. Although Neighborhood Conservation is the most purely residential zone, it can have some mix of uses, such as civic buildings. Neighborhood Conservation serves to promote and protect neighborhood character. For the purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a residential zone. (B) Uses. (1) Permitted uses. Unit 1 within a build -to zone Unit 8 that is located between Unit 9 the front property line Unit 41 and a line 25 ft. from Unit 12 the front property line. Side None Rear 5 ft. Rear, from center line 12 ft. _of an alley Wireless communication facilities (F) Minimum buildable street frontage. 50% of lot width. (G) Height regulations. Maximum height is 4 stories or 56 feet which ever is less. (Ord. 5028, 6-19-07; Ord. 5029, 6-19-07) 161.26 Neighborhood Conservation (A) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other zones. Although Neighborhood Conservation is the most purely residential zone, it can have some mix of uses, such as civic buildings. Neighborhood Conservation serves to promote and protect neighborhood character. For the purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a residential zone. (B) Uses. (1) Permitted uses. Unit 1 City- ide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 41 Accesso 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 10 Three-family dwellings Unit 12 Limited Business * Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 28 Center for collecting recyclable materials Unit 36 Wireless communication facilities (C) Density. 10 Units Per Acre. (D) Bulk and area regulations. (1) Lot width minimum. Ordinance 4930: Lot Width Revision 04-20-2010 Single Family 40 ft. Two Family 80 ft. Three Famil 90 ft. (2) Lot area minimum. 4,000 Sq. Ft. (E) Setback regulations. . Front The principal fagade of Unit 3 a building shall be built Unit 4 within a build -to zone Unit 5 that is located between Unit 6 Unit 13 the front property line Unit 17 and a line 25 ft. from Unit 18 the front property line. Side 5 ft. Rear 5 ft. Rear, from center line 12 ft. of an aIle (F) Minimum buildable street frontage. 40% of lot width. (G) Height regulations. Maximum height is 3 stories or 45 feet which ever is less. (Ord. 512B, 4-15-08 161.27 District 1-1, Heavy Commercial And Light Industrial (A) Purpose. The Heavy Commercial District is designed primarily to accommodate certain commercial and light industrial uses which are compatible with one another but are inappropriate in other commercial or industrial districts. The Light Industrial District is designed to group together a wide range of industrial uses, which do not produce objectionable environmental influences in their operation and appearance. The regulations of this district are intended to provide a degree of compatibility between uses permitted in this district and those in nearby residential districts. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government Facilities I Unit 6 Unit 13 -Agriculture Eating laces Unit 17 Transportation trades and services Unit 18 Gasoline service stations & drive-in restaurants Unit 21 Warehousing and wholesale Unit 22 Manufacturing Ordinance 5592: Unit 9, Two-family Dwellings (D) Bulk and area regulations. 06-18-2013 (1) Lot width minimum. (2) Conditional uses. Dwellin all unit types18 ft. (2) Lot area minimum. None. (E) Setback regulations. Front City-wide uses by right Unit 8 w4his-a A build -to zone Unit 4 that is located between Unit 41 the front property line Unit 10 and a line 25 ft. from the Unit 12 front Drooeqy line. Side None Rear 5 ft. Rear, from center line 12 ft. of an aIle Wireless communication facilities (F) Minimum buildable street frontage. 50% of lot width. (G) Building height regulations. 11 Biafldit, Hei' ht Maximum 756 ft. il (Ord. 5028, 6-19-07; Ord. 5029, 6-19-07; Ord. 5312, 4- 20-10) 161.26 Neighborhood Conservation (A) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other zones. Although Neighborhood Conservation is the most purely residential zone, it can have some mix of uses, such as civic buildings. Neighborhood Conservation serves to promote and protect neighborhood character. For the purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a residential zone. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 4 Cultural and recreational facilities Unit 41 ACCesswy dwellings Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 9 Two-family dwellin s Unit 10 Three-family dwellings Unit 12 Limited Business Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 28 Center for collecting recyclable materials Unit 36 Wireless communication facilities (C) Density. 10 Units Per Acre. (D) Bulk and area regulations. (1) Lot width minimum. Single Family 40 ft. Two Family80 ft. Three Family 90 ft. (2) Lot area minimum. 4,000 Sq. Ft. (E) Setback regulations. Front a builclopq shall be built within a A build -to zone that is located between the front property line and a line 25 ft. from the front property line. Side 5 ft. Rear 5 ft. 12 ft. Rear, from center line of an aIle (F) let width (G) Building height regulations. Buil n Hei ht Maximum 1 45 ft. (Ord. 5128, 4-15-08; Ord. 5312, 4-20-10 Page 16 of 22 Current Ordinance 06-18-2013 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 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 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 28 Center for collecting recyclable materials Unit 36 Wireless communication facilities Unit 44 Cluster 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 3 stories (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>; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§ 5, 7-9, 1-17-17; Ord. No. 6015, §1(Exh. A), 11- 21-17) A build -to zone that is located between Front the front property line and a line 25 feet from the front property line. Side 5 feet Rear 5 feet Rear, from center line of 12 feet an alley (F) Building Height Regulations. Building Height Maximum 3 stories (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>; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§ 5, 7-9, 1-17-17; Ord. No. 6015, §1(Exh. A), 11- 21-17) RECEIVEDED Ordinance:6211 File Number:2019-0415 AMEND§161.29 AUG 2 3 2019 CONS RVATION:EIGHBORHOOD AN ORDINANCE TO AMEND§I61.29 CiTY OF FAYETTEVILLE NEIGHBORHOOD CONSERVATION OF ORTHWEST ARKANSAS CITY CLERK'S OFFICE DETVELOPMENTICODLLE UNIFIEDO CHANGE THE LOT WIDTH MINIMUM FOR ALL ..zRDWELLING TYPES TO 40 FEET WHEREAS,§161.29 Neighborhood Democrat Jae Conservation provides for varying lot width minimums for single family,two family,and three family dwellings;and WHEREAS,reducing the lot width minimums for two and three family dwellings will mitigate the potential negative impacts of varying lot widths and will encourage attached and single family dwellings to be similar scale in neighborhoods,which is consistent with Goal I AFFIDAVIT OF PUBLICATION of City Plan 2030 to prioritize appropriate infill development. NOW THEREFORE,BE IT ORDAINED BY I CathyStaggs, do solemnlyswear that I am the AccountingManager of the THEACITY ILLS, R F THE CITY OF gg � g FAYETTEVILLE,ARKANSAS: Northwest Arkansas Democrat-Gazette, printed and published in Section I:That the City Council of the City of Fayetteville,Arkansas hereby repeals subsection Washington County and Benton County, Arkansas, and of bona fide (D)(l)of§161.29 Neighborhood Conservation and enacts a new subsection(D)(I)as follows: circulation, that from my own personal knowledge and reference "(1)Lot Width Minimum to the files of said publication, the advertisement of: All dwelling types 40 feet" PASSED and APPROVED on 8/6/2019 File Number: 2019-0415 211 CITY OF FAYETTEVILLE Ordinance Approved: Ord. 6211 Lioneld Jordan,Mayor Attest: Sondra E.Smith,City Clerk Treasurer 75044635 AUG 15TH 2019 Was inserted in the Regular Edition on: August 15, 2019 Publication Charges: 83.20 lit Cathy S ggs %%%%%%%a a 11111,,,,,x, Subscribed and sworn to before me •�` \`% *0TAR A9O`J'',' This u,‘day of , 2019. 68) y'' • ggkqN 0• �% SSS :trozota 0.6206 .10 trs ts Ofrcakilsk • ma • • y= 04.••....••••• `• #ifS 316- %e� Notary Public My Commission Expires: ;-I6--13- **NOTE** Please do not pay from Affidavit. Invoice will be sent.