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
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Subscribed and sworn to before me •�` \`% *0TAR A9O`J'','
This u,‘day of , 2019. 68) y''
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Notary Public
My Commission Expires: ;-I6--13-
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.