HomeMy WebLinkAboutORDINANCE 6245113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6245
File Number: 2019-0642
AMEND CHAPTERS 151, 161, 162 AND 164:
AN ORDINANCE TO AMEND CHAPTERS 151, 161, 162 AND 164 OF THE FAYETTEVILLE
UNIFIED DEVELOPMENT CODE TO REMOVE BARRIERS TO THE DEVELOPMENT OF SOLAR
ENERGY SYSTEMS IN THE CITY OF FAYETTEVILLE ESTABLISH DEVELOPMENT
STANDARDS FOR PRINCIPAL AND ACCESSORY USE GROUND AND ROOF MOUNTED SOLAR
ENERGY SYSTEMS
WHEREAS, on January 2, 2018, the City Council by Resolution 25-18 adopted the Fayetteville Energy
Action Plan which includes a goal of achieving 50% community -wide clean energy by 2030, and 100%
community wide clean energy by 2050; and
WHEREAS, City staff in the Planning, Building Safety, and Sustainability Divisions have worked with
a National League of Cities advisor to identify barriers to the development of solar energy systems that
exist in the City Code and recommend the following amendments that will allow more residents and
businesses to install solar energy systems.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends Chapter 151
Definitions of the Fayetteville Unified Development Code by enacting the following new definitions:
"Accessory roof mounted solar energy system: A solar energy system that is accessory to the
principal use of the property and is structurally mounted to the roof of a building or structure. For the
purposes of zoning, accessory roof mounted solar energy systems shall be considered accessory
Page 1 Printed on 10116119
Ordnance 6�q5
File Number.' 2019-0642
structures.
Accessory ground mounted solar energy system: A solar energy system that is accessory to the
principal use of the property and is structurally mounted to the ground. For the purposes of zoning,
accessory ground mounted solar energy systems shall be considered accessory structures.
Principal use ground mounted solar energy system: A solar energy system that is the principal use of the
property and is structurally mounted to the ground."
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends Chapter 161 of
the Fayetteville Unified Development Code by adding the following language to the end of §§
161.07(G), 161.080, 161.09(G), 161.10(G), 161.11(G), 161.12(G), 161.13(G), 161.14(G),
161.15(G), 161.16(G), 161.17(G), 161.18(G), 161.20(G), 161.21(G), 161.23(G) and 161.32(G)
which will exclude accessory ground mounted solar energy systems from being considered buildings within
the RSF-4, RSF-7, RSF-8, RSF-18, RI -12, RI -U, RMF -6, RMF -12, RMF -18, RMF -24,
RMF -40, NS -L, R -O, C-1, C-2, and P-1 zoning districts:
"Accessory ground mounted solar energy systems shall not be considered buildings."
Section 3: That the City Council of the City of Fayetteville, Arkansas here by amends Chapter 162 Use Units
of the Fayetteville Unified Development Code by adding the following to the end of the table at §
162.0 1 (C)(2), which covers included uses within Use Unit 3, Public Protection and Utility Facilities:
"Principal use ground mounted solar energy system"
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends § 164.02(A)(5),
Size of Accessory Structure(s) by repealing the first sentence of the subsection and enacting a
replacement first sentence as follows.
"(5) Size of Accessory Structure(s). Any accessory structure(s) shall be 50% or less of the size of the
principal structure, except for accessory roof mounted solar energy systems and accessory ground
mounted solar energy systems."
Section 5: That the City Council of the City of Fayetteville, Arkansas hereby enacts § 164.02(A)(7):
"(7) Accessory Ground Mounted Solar Energy Systems. An accessory ground mounted solar energy
system shall be considered an accessory structure and shall be subject to applicable accessory
structure requirements."
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()ratiance G)q5
File Number 2019-0642
PASSED and APPROVED on 10/15/2019
Attest:
1�
Lisa Branson, Deputy City Cl` o`%%nnu►No1,9,,
y c� 6 ••
cr-:31Tn3113'1t1j •�
Page 3 Printed on 10/16/19
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
i
(479) 575-8323
�\ Text File
File Number: 2019-0642
Agenda Date: 10/15/2019 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C. 5
AMEND CHAPTERS 151, 161,162 AND 164:
AN ORDINANCE TO AMEND CHAPTERS 151, 161, 162 AND 164 OF THE FAYETTEVILLE
UNIFIED DEVELOPMENT CODE TO REMOVE BARRIERS TO THE DEVELOPMENT OF SOLAR
ENERGY SYSTEMS IN THE CITY OF FAYETTEVILLE ESTABLISH DEVELOPMENT
STANDARDS FOR PRINCIPAL AND ACCESSORY USE GROUND AND ROOF MOUNTED
SOLAR ENERGY SYSTEMS
WHEREAS, on January 2, 2018, the City Council by Resolution 25-18 adopted the Fayetteville Energy
Action Plan which includes a goal of achieving 50% community -wide clean energy by 2030, and 100%
community wide clean energy by 2050; and
WHEREAS, City staff in the Planning, Building Safety, and Sustainability Divisions have worked with a
National League of Cities advisor to identify barriers to the development of solar energy systems that exist in
the City Code and recommend the following amendments that will allow more residents and businesses to install
solar energy systems.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends Chapter 151 Definitions
of the Fayetteville Unified Development Code by enacting the following new definitions:
"Accessory roof mounted solar energy system: A solar energy system that is accessory to the principal use
of the property and is structurally mounted to the roof of a building or structure. For the purposes of zoning,
accessory roof mounted solar energy systems shall be considered accessory structures.
Accessory ground mounted solar energy system: A solar energy system that is accessory to the principal use
of the property and is structurally mounted to the ground. For the purposes of zoning, accessory ground
mounted solar energy systems shall be considered accessory structures.
Principal use ground mounted solar energy system: A solar energy system that is the principal use of the
property and is structurally mounted to the ground."
City of Fayetteville, Arkansas Page I Printed on 1011612019
File Number: 2019-0642
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends Chapter 161 of the
Fayetteville Unified Development Code by adding the following language to the end of §§ 161.07(G),
161.08(J), 161.09(G), 161.10(G), 161.11(G), 161.12(G), 161.13(G), 161.14(G), 161.15(G), 161.16(G),
161.17(G), 161.18(G), 161.20(G), 161.21(G), 161.23(G) and 161.32(G) which will exclude accessory
ground mounted solar energy systems from being considered buildings within the RSF-4, RSF-7, RSF-8,
RSF-18, RI -12, RI -U, RMF -6, RMF -12, RMF -18, RMF -24, RMF -40, NS -L, R -O, C-1, C-2, and P-1
zoning districts:
"Accessory ground mounted solar energy systems shall not be considered buildings."
Section 3: That the City Council of the City of Fayetteville, Arkansas here by amends Chapter 162 Use Units
of the Fayetteville Unified Development Code by adding the following to the end of the table at § 162.01(C)
(2), which covers included uses within Use Unit 3, Public Protection and Utility Facilities:
"Principal use ground mounted solar energy system"
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends § 164.02(A)(5), Size of
Accessory Structure(s) by repealing the first sentence of the subsection and enacting a replacement first
sentence as follows.
"(5) Size of Accessory Structure(s). Any accessory structure(s) shall be 50% or less of the size of the principal
structure, except for accessory roof mounted solar energy systems and accessory ground mounted solar energy
systems."
Section 5: That the City Council of the City of Fayetteville, Arkansas hereby enacts § 164.02(A)(7):
"(7) Accessory Ground Mounted Solar Energy Systems. An accessory ground mounted solar energy system
shall be considered an accessory structure and shall be subject to applicable accessory structure requirements."
City of Fayetteville, Arkansas Page 2 Printed on 10/16/2019
Leif Olson
Submitted By
City of Fayetteville Staff Review Form
2019-0642
Legistar File ID
10/15/2019
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
9/24/2019 SUSTAINABILITY/RESILIENCE (631)
Submitted Date Division / Department
Action Recommendation:
Amend the Unified Development Code to establish development standards for principle and accessory use
ground and roof mounted solar energy systems.
Budget Impact:
Account Number
Project Number
Budgeted Item? NA Current Budget
Funds Obligated
Current Balance
Does item have a cost? NA Item Cost
Budget Adjustment Attached? No Budget Adjustment
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Remaining Budget
Fund
Project Title
Previous Ordinance or Resolution #
Approval Date:
V20180321
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF OCTOBEER 15, 2019
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
Peter Nierengarten, Director of Sustainability
Garner Stoll, Development Services Director
FROM: Leif Olson, Long Range Planner
DATE: September 24, 2019
CITY COUNCIL MEMO
SUBJECT: Unified Development Code Amendments - SolSmart Solar -Friendly
Community Designation
RECOMMENDATION:
Staff recommends amending various sections of the Unified Development Code to establish
development standards for principle and accessory use ground and roof mounted solar energy
systems.
BACKGROUND:
SolSmart is funded by the U.S. Department of Energy's Solar Energy Technologies Office and
led by the Solar Foundation and the International City/County Management Association.
SolSmart is a national designation program designed to recognize communities that have taken
keys steps to address local barriers to solar energy and foster the growth of mature local solar
markets. SolSmart recognizes cities, counties, and small towns for making it faster, easier, and
more affordable to go solar. In recognition, communities receive designations of SolSmart Gold,
Silver and Bronze. SolSmart has a goal of designating 300 U.S. communities by October of
2020.
The City Council adopted the Fayetteville Energy Action Plan with Resolution #25-18 on
January 2, 2018. The Energy Action Plan has a building energy reduction goal of 3% annually.
This transfers incrementally to an energy supply goal of achieving 50% community -wide clean
energy by 2030, and 100% community -wide clean energy by 2050. City staff recognizes the
SolSmart program as an asset for identifying and removing planning and/or permitting barriers
for property owners and businesses from installing solar energy systems.
To achieve certification the City must meet requirements across eight categories of the
SolSmart criteria. To be considered for all levels of designation, communities must meet the
overall program prerequisites and points requirements in the two foundation categories: 1)
Permitting and 2) Planning, Zoning and Development Regulations. These prerequisites require
communities to create and post a permit checklist online and construct a review and develop a
mem on existing barriers to solar in the zoning code. Communities then earn points by taking
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
actions across special focus categories of their choice, which also encourage solar cost
reductions. These categories include: inspection, construction codes, solar rights, utility
engagement, community engagement, and market development and finance.
To help communities achieve designation, SolSmart provided a no -cost technical assistant that
worked with City staff to evaluate programs and practices that impact solar markets and identify
high -prospect opportunities. Once designated, Fayetteville will be the first SolSmart community
in the State of Arkansas.
DISCUSSION:
City staff in the Planning, Building Safety, and Sustainability Divisions worked to identify barriers
to the development of solar energy systems that exist in the City's Unified Development Code.
Staff consulted with our SolSmart technical assistant Nick Kasza from the National League of
Cities on the proposed development code amendments.
Staff is recommending the following amendments shown in bold font:
Amend Chapter 151: Definitions to add the following terms:
Accessory roof mounted solar energy system: A solar energy system that is
accessory to the principle use of the property and is structurally mounted to the
roof of a building or structure. For the purposes of zoning, accessory roof
mounted solar energy systems shall be considered accessory structures.
Accessory ground mounted solar energy system: A solar energy system that is
accessory to the principle use of the property and is structurally mounted to the
ground. For the purposes of zoning, accessory ground mounted solar energy
systems shall be considered accessory structures.
Principle use ground mounted solar energy system: A solar energy system that is
the principle use of the property and is structurally mounted to the ground.
Amend Chapter 161: Zoning Districts to add the following language to zoning districts that have
"Building Area" maximums ( RSF-4, RSF-7. RSF-8, RSF-18, RI -12, RI -U, RMF -6, RMF -12,
RMF -18. RMF -24, RMF -40, NS -L, R -O, C-1, C-2, P-1):
• Building Area. "Accessory ground mounted solar energy systems shall not be
considered buildings."
Amend Chapter 162. Use Units to add principle use ground mounted solar energy system to
Use Unit 3 - Public Protection and Utility Facilities:
0 162.01(C)(2) Included Uses: Principle Use Ground Mounted Solar Energy System
Amend Chapter 164: Development to clarify that accessory ground mounted solar energy
systems are subject to the applicable accessory structure requirements except for the
requirement that accessory structures be 50% the size of the principle structure.
164.02(A)(5) Size of Accessory Structure(s). Accessory structure(s) shall be 50% or
less of the size of the principal structure, except for accessory ground mounted
solar energy systems. Any accessory structure(s) requested that is greater than 50%
the size of the principal structure shall be allowed only as a conditional use and shall
be granted in accordance with §163, governing applications of conditional use
procedures; and upon the finding that the requested structure is designed to be
compatible with the principal structure on the property and those on surrounding
properties. Accessory structures that exceed 50% of the size of the principal structure
shall meet the setback requirements of the zoning district in which it is located.
• 164.02(A)(7) Accessory Ground Mounted Solar Energy Systems. An accessory
ground mounted solar energy system shall be considered an accessory structure
and be subject to the applicable accessory structure requirements.
The Planning Commission unanimously forwarded this item to the City Council with a
recommendation for approval with an 8-0-0 vote at their September 24, 2019 meeting.
BUDGET/STAFF IMPACT:
None
Attachments:
Planning Commission Packet
CITY OF
FAYETTEVILLE PLANNING COMMISSION MEMO
ARKANSAS
TO: Fayetteville Planning Commission
THRU: Andrew Garner, City Planning Director
FROM: Leif Olson, Long Range Planner — Sustainability Department
MEETING DATE: September 23, 2019
SUBJECT: ADM 19-6827: Administrative Item (SolSmart UDC Amendments):
Submitted by STAFF to amend the Unified Development Code to establish
development standards for principle and accessory use ground and roof
mounted solar energy systems.
RECOMMENDATION:
Staff recommends approval of ADM 19-6827 with a recommendation of approval to the City
Council to amend the Unified Development Code Chapter's; 151 -Definitions, 161—Zoning
Districts, 162—Use Units, and 164 -Development to establish development standards for principle
and accessory use ground and roof mounted solar energy systems.
RECOMMENDED MOTION:
"I move to approve ADM 19-6827"
BACKGROUND:
The City Council adopted the Fayetteville Energy Action Plan with Resolution #25-18 on
January 2, 2018. The Energy Action Plan has a building energy reduction goal of 3% annually.
This transfers incrementally to an energy supply goal of achieving 50% community -wide clean
energy by 2030, and 100% community -wide clean energy by 2050. City staff recognizes the
SolSmart program as an asset for identifying and removing planning and/or permitting barriers
for property owners and businesses from installing solar energy systems.
In March of 2019, the City Council passed Resolution No. 63-19, which expressed the City
Council's support for participating in the SolSmart Solar -Friendly Community Program. SolSmart
is funded by the U.S. Department of Energy's Solar Energy Technologies Office and led by the
Solar Foundation and the International City/County Management Association. SolSmart is a
national designation program designed to recognize communities that have taken keys steps to
address local barriers to solar energy and foster the growth of mature local solar markets.
SolSmart recognizes cities, counties, and small towns for making it faster, easier, and more
affordable to go solar. In recognition, communities receive designations of SolSmart Gold, Silver
and Bronze. SolSmart has a goal of designating 300 U.S. communities by October of 2020.
To achieve certification the City must meet requirements across eight categories of the
SolSmart criteria. To be considered for all levels of designation, communities must meet the
overall program prerequisites and points requirements in the two foundation categories: 1)
Permitting and 2) Planning, Zoning and Development Regulations. These prerequisites require
communities to create and post a permit checklist online, construct a review process, and
develop a memo identifying existing barriers to solar in the zoning code. Communities then earn
points by taking actions across special focus categories of their choice, which also encourage
solar cost reductions. These categories include: inspection, construction codes, solar rights,
utility engagement, community engagement, and market development and finance.
To help communities achieve designation, SolSmart provided a no -cost technical assistant that
worked with City staff to evaluate programs and practices that impact solar markets and identify
high -prospect opportunities. Once designated, Fayetteville will be the first SolSmart designated
community in the State of Arkansas.
DISCUSSION:
City staff in the Planning, Building Safety and Sustainability Divisions worked to identify barriers
to the development of solar energy systems that might exist in the City's Unified Development
Code. Staff consulted with our SolSmart technical assistant Nick Kasza from the National League
of Cities on the proposed development code amendments.
Staff is recommending the following amendments:
Amend Chapter 151: Definitions to add the following terms:
Accessory roof mounted solar energy system: A solar energy system that is
accessory to the principle use of the property and is structurally mounted to the
roof of a building or structure. For the purposes of zoning, accessory roof
mounted solar energy systems shall be considered accessory structures.
Accessory ground mounted solar energy system: A solar energy system that is
accessory to the principle use of the property and is structurally mounted to the
ground. For the purposes of zoning, accessory ground mounted solar energy
systems shall be considered accessory structures.
Principle use ground mounted solar energy system: A solar energy system that is
the principle use of the property and is structurally mounted to the ground.
Amend Chapter 161: Zoning Districts to add the following language to zoning districts that have
"Building Area" maximums ( RSF-4, RSF-7, RSF-8, RSF-18, RI -12, RI -U, RMF -6, RMF -12,
RMF -18, RMF -24, RMF -40, NS -L, R -O, C-1, C-2, P-1):
• Building Area. "Accessory ground mounted solar energy systems shall not be
considered buildings."
Amend Chapter 162: Use Units to add principle use ground mounted solar energy system to
Use Unit 3 - Public Protection and Utility Facilities:
• 162.01(C)(2) Included Uses: Principle Use Ground Mounted Solar Energy System
Amend Chapter 164: Development to clarify that accessory ground mounted solar energy
systems are subject to the applicable accessory structure requirements except for the
requirement that accessory structures be 50% the size of the principle structure.
• 164.02(A)(5) Size of Accessory Structure(s). Accessory structure(s) shall be 50% or
less of the size of the principal structure, except for accessory ground mounted
solar energy systems. Any accessory structure(s) requested that is greater than 50%
the size of the principal structure shall be allowed only as a conditional use and shall
be granted in accordance with §163, governing applications of conditional use
procedures; and upon the finding that the requested structure is designed to be
compatible with the principal structure on the property and those on surrounding
properties. Accessory structures that exceed 50% of the size of the principal structure
shall meet the setback requirements of the zoning district in which it is located.
• 164.02(A)(7) Accessory Ground Mounted Solar Energy Systems. An accessory
ground mounted solar energy system shall be considered an accessory structure
and be subject to the applicable accessory structure requirements.
RECOMMENDATION: Staff recommends approval of ADM 19-6827.
PLANNING COMMISSION ACTION: Required YES
Date: September 23, 2019 O Tabled O Approved O Denied
Motion:
Second:
Note:
BUDGET/STAFF IMPACT:
None
Attachments:
• Proposed Unified Development Code Amendments
o UDC Chapter 151: Definitions
o UDC Chapter 161: Zoning Districts
o UDC Chapter 162: Use Units
o UDC Chapter 164: Development
151.01 - Definitions
Add the following terms and definitions:
Accessory roof mounted solar energy system: A solar energy system that is accessory to the
principle use of the property and is structurally mounted to the roof of a building or structure. For
the purposes of zoning accessory roof mounted solar energy systems shall be considered
accessory structures.
Accessory ground mounted solar energy system: A solar energy system that is accessory to the
principle use of the propertV and is structurallV mounted to the ground. For the purposes of
zoning accessory ground mounted solar energy systems shall be considered accessory
structures.
Principle use ground mounted solar energV system: A solar energy system that is the principle
use of the property and is structurally mounted to the ground.
161.07 - District RSF-4, Residential Single -Family - Four (4) Units Per
Ac re
(G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total
area of such lot. Accessory ground mounted solar energy systems shall not be considered
buildings.
161.08 - District RSF-7, Residential Single -Family - Seven (7) Units Per
Acre
(J) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area.
Accessory ground mounted solar energy systems shall not be considered buildings.
161.09 - District RSF-8, Residential Single -Family - Eight (8) Units Per
Acre
(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. Accessory ground mounted solar energy systems shall
not be considered buildings.
161.10 - District RSF-18, Residential Single -Family - Eighteen (18) Units
Per Acre
(G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area.
Accessory ground mounted solar energy systems shall not be considered buildings.
161.11 - District RI -12, Residential Intermediate, Twelve (12) Units Per
Ac re
(G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area
Accessory ground mounted solar energy systems shall not be considered buildings.
161.12 - District RI -U, Residential Intermediate — Urban
(G) Building Area. The area occupied by all buildings shall not exceed 60% of the total lot area.
Accessory ground mounted solar energy systems shall not be considered buildings.
161.13 - District RMF -6, Residential Multi -Family - Six (6) Units Per Acre
(G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area
Accessory ground mounted solar energy systems shall not be considered buildings.
161.14 - District RMF -12, Residential Multi -Family - Twelve (12) Units
Per Acre
(G) Building area. The area occupied by all buildings shall not exceed 50% of the total lot area.
Accessory ground mounted solar energy systems shall not be considered buildings.
161.15 - District RMF -18, Residential Multi -Family - Eighteen (18) Units
Per Acre
(G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area.
Accessory ground mounted solar energy systems shall not be considered buildings.
161.16 - District RMF -24, Residential Multi -Family - Twenty -Four (24)
Units Per Acre
(G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area.
Accessory ground mounted solar energy systems shall not be considered buildings.
161.17 - District RMF -40, Residential Multi -Family - Forty (40) Units Per
Acre
(G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area.
Accessory ground mounted solar energy systems shall not be considered buildings.
161.18 - NS -L, Neighborhood Services — Limited
(G) Building area. On any lot, the area occupied by all buildings shall not exceed 60% of the total
area of the lot. Accessory ground mounted solar energy systems shall not be considered
buildings.
161.20 - District R -O, Residential Office
(G) Building Area. On any lot, the area occupied by all buildings shall not exceed 60% of the total
area of such lot. Accessory ground mounted solar energy systems shall not be considered
buildings.
161.21 - District C-1, Neighborhood Commercial
(G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total
area of such lot. Accessory ground mounted solar energy systems shall not be considered
buildings.
161.23 - District C-2, Thoroughfare Commercial
(G) Building Area. On any lot, the area occupied by all buildings shall not exceed 60% of the total
area of such lot. Accessory ground mounted solar energy systems shall not be considered
buildings.
161.32 - District P-1, Institutional
(G) Building Area. On any lot the area occupied by all buildings shall not exceed 60% of the total
area of such lot. Accessory ground mounted solar energy systems shall not be considered
buildings.
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.
Unit 1
City-wide uses by right
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 6
Agriculture
Unit 7
Animal husbandry
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three (3) and four (4) family dwellings
Unit 11
Manufactured home park
Unit 12a
Limited business
Unit 12b
General business
Unit 13
Eating places
Unit 14
Hotel, motel and amusement facilities
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
Unit 20
Commercial recreation, large sites
Unit 21
Warehousing and wholesale
Unit 22
Manufacturing
Unit 23
Heavy industrial
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 tanks
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
Sexually oriented 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
Mini -storage units
Unit 39
Auto salvage and junk yards
Unit 40
Sidewalk Cafes
Unit 41
Accessory dwellings
Unit 42
Clean technologies
Unit 43
Animal boarding and training
Unit 44
Cluster Housing Development
Unit 45
Small scale production
(A) Unit 1. City -Wide uses by right.
(1) Description. Unit 1 consists of public uses, essential services, agricultural uses, open land
uses, and similar uses which are subject to other public controls or which do not have significantly
adverse effects on other permitted uses and are, therefore, permitted as uses of right in all
districts.
(2) Included Uses. Public facilities of the types embraced within the recommendations of the
Comprehensive Land Use Plan.
Agricultural, forestry, and
fishery:
• Field crop farms
• Fishery
• Forest
• Fruit, tree, and vegetable farm
Essential services located in public right -of-
way:
• Fire alarm box
• Fire hydrant
• Passenger stop for bus
• Police alarm box
• Sidewalk
• Street, highway, and other
thoroughfare
• Street signs, traffic signs, and
signals
(B) Unit 2. City -Wide Uses by Conditional Use Permit.
(1) Description. Unit 2 consists of uses which may be conducted anywhere in the territorial
jurisdiction, but which can be objectionable to nearby uses and are therefore permitted subject to
conditional use permits in all districts.
(2) Included Uses.
Public and private facilities:
• Utility mainline, local transformer and
station, and similar facilities
customarily located in public right-of-
way
Recreation and related use:
• Arboretum
• Historical marker
• Park area
• Parkway
• Wildlife preserve
Water facilities:
• Reservoir, open
• Watershed
• Conservation or flood control project
(B) Unit 2. City -Wide Uses by Conditional Use Permit.
(1) Description. Unit 2 consists of uses which may be conducted anywhere in the territorial
jurisdiction, but which can be objectionable to nearby uses and are therefore permitted subject to
conditional use permits in all districts.
(2) Included Uses.
Public and private facilities:
• Airport, flying fields and
heliport
• Bed and breakfast facilities*
• Campground
• Community Recycling Drop-off
Facility
• Landscape contracting business
• Plant nursery
(C) Unit 3. Public Protection and Utility Facilities.
(1) Description. Unit 3 consists primarily of public protection and utility equipment which:
(a)ls ordinarily not located in the street right-of-way and can be significantly
objectionable to nearby residential, commercial, and light industrial uses;
(b) Have requirements for specific locations or are needed to serve residential
neighborhood or local areas; and
(c) Are, therefore, permitted only on review.
(2)
Included Uses.
Facilities of Public
• RV sewage disposal facility
Service Corporations:
• Solid waste disposal facility
• Water recreation area
Temporary facilities:
• Carnival, circus, and tent
revival*
Other utility and protective
• Commercial facilities
facilities.
• Real estate sales office
(located at a specific location in an
underdeveloped subdivision and
operated for the purpose of developing
said subdivision)
• School and church facility
(C) Unit 3. Public Protection and Utility Facilities.
(1) Description. Unit 3 consists primarily of public protection and utility equipment which:
(a)ls ordinarily not located in the street right-of-way and can be significantly
objectionable to nearby residential, commercial, and light industrial uses;
(b) Have requirements for specific locations or are needed to serve residential
neighborhood or local areas; and
(c) Are, therefore, permitted only on review.
(2)
Included Uses.
Facilities of Public
• Electric regulating station
Service Corporations:
• Pressure control station
• Transmission station for tower,
radio, telegraph, telephone,
television
Other utility and protective
• Airway beacon
facilities.
• Public utility maintenance building,
warehouse, or storage
building
• Water pipeline rights-of-way, sewer
or water treatment plant, water
storage facility
Railroad rights-of-way
Communications and utility transmission line
rights-of-way
Principle use ground mounted solar energy system
164.02 - Accessory Structures And Uses
Accessory Structures and Uses. Accessory structures and uses shall be subject to the applicable
use conditions set forth in Zoning, Chapters 160 through 165, and to the following general
conditions:
(A) Accessory Structures.
(1) When Erected. No accessory structure shall be erected on any property prior to the
construction of the principal structure, unless such accessory structure shall have been
approved by the Planning Commission as a conditional use. An approved accessory
structure erected prior to the principal structure shall not be inhabited.
(2) Integral Part of Principal Structure. An accessory structure erected as an integral part
of the principal structure shall be made structurally a part thereof, shall have a common
wall therewith, and shall comply in all respects with the requirements of the building code
applicable to the principal structure.
(3) Height and Setback Restrictions. Accessory structures 10 feet or less in height shall
maintain a minimum side setback of 3 feet and a minimum rear setback of 5 feet from the
property lines. Accessory structures greater than 10 feet in height shall meet the setback
requirements of the zoning district in which it is located. All accessory structures shall
conform to the front setbacks of the zoning district in which is it located.
(4) Build -to Zones. Accessory structures shall be exempt from meeting the requirements
of the build -to zone in any zoning district.
(5) Size of Accessory Structure(s). An accessory structure(s) shall be 50% or less of the
size of the principal structure, except for accessory ground mounted solar energy
systems. Any accessory structure(s) requested that is greater than 50% the size of the
principal structure shall be allowed only as a conditional use and shall be granted in
accordance with §163, governing applications of conditional use procedures; and upon
the finding that the requested structure is designed to be compatible with the principal
structure on the property and those on surrounding properties. Accessory structures that
exceed 50% of the size of the principal structure shall meet the setback requirements of
the zoning district in which it is located.
(6) Shared Accessory Structures. Shared accessory structures may be constructed
across common property lines, subject to all building and fire codes. Building setbacks for
shared accessory structures may be administratively varied to permit zero lot line
development. Easements for driveway access and maintenance of the structure and
driveway shall be provided prior to the issuance of a building permit. For purposes of
calculating size of shared accessory structures, only that portion of the shared accessory
structure on the lot with the principal structure shall count toward the maximum allowable
size.
(7) Accessory Ground Mounted Solar Energy Systems. An accessory ground mounted
solar energy system shall be considered an accessory structure and be subject to
applicable accessory structure requirements.
NORTHWEST ARKANSAS
Democrat VOlazefte
AFFIDAVIT OF PUBLICATION
RECEIVED
�N0V 0
I Cathy Staggs, do solemnly swear that I am the Accounting Manager for 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. 6245
Was inserted in the Regular Edition on:
October 20, 2019
Publication Charges $ 275.12
Gj441_1(5+XW___)
Cathy Sta
Subscribed and sworn to before me
This ?jj day of C)H—, 2019.
Notary Public
My Comm issiol xpires:
CATHY WILES
Arkansas - Benton County
Notary Public - Comm# 12397118
My Commission Expires Feb 20, 2024
**NOTE** Please do not pay from Affidavit
Invoice will be sent.
Ordinance: 6245
File Number: 2019-0642
AMEND CHAPTERS 151, 161, 162
AND 164:
AN ORDINANCE TO AMEND
CHAPTERS 151, 161, 162 AND 164
OF THE FAYETTEVILLE UNIFIED
DEVELOPMENT CODE TO
REMOVE BARRIERS TO THE
DEVELOPMENT OF SOLAR
ENERGY SYSTEMS IN THE CITY
OF FAYETTEVILLE ESTABLISH
DEVELOPMENT STANDARDS
FOR PRINCIPAL AND
ACCESSORY USE GROUND AND
ROOF MOUNTED SOLAR
ENERGY SYSTEMS
WHEREAS, on January 2, 2018, the
City Council by Resolution 25-18
adopted the Fayetteville Energy
Action Plan which includes a goal of
achieving 50% community -wide
clean energy by 2030, and 100%
community wide clean energy by
2050; and
WHEREAS, City staff in the
Planning, Building Safety, and
Sustainability Divisions have worked
with a National League of Cities
advisor to identify barriers to the
development of solar energy systems
that exist in the City Code and
recommend the following
amendments that will allow more
residents and businesses to install
solar energy systems.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of
the City of Fayetteville, Arkansas
hereby amends Chapter 151
Definitions of the Fayetteville
Unified Development Code by
enacting the following new
definitions:
"Accessory roof mounted solar
energy system: A solar energy system
that is accessory to the principal use
of the property and is structurally
mounted to the roof of a building or
structure. For the purposes of zoning,
accessory roof mounted solar energy
systems shall be considered accessory
structures.
Accessory ground mounted solar
energy system: A solar energy system
that is accessory to the principal use
of the property and is structurally
mounted to the ground. For the
purposes of zoning, accessory ground
mounted solar energy systems shall
be considered accessory strictures.
Principal use ground mounted solar
energy system: A solar energy system
that is the principal use of the
property and is structurally mounted
to the ground."
Section 2: That the City Council of
the City of Fayetteville, Arkansas
hereby amends Chapter 161 of the
Fayetteville Unified Development
Code by adding the following
language to the end of §§
I61.07(G), 161.08(3), 161.09(G),
161.10(G), 161.11(G), 161.12(G),
161.13(G), 161.14(G),
161.15(G), 161.16(G), 161.17(G),
161.18(G), 161.20(G), 161.21(G),
161.23(G)and 161.32(G)
which will exclude accessory
ground mounted solar energy
systems from being considered
buildings within the RSFA, RSF-7,
RSF-8, RSF-18, RI -12, RI -U,
RMF -6, RMF -12, RMF -18, RMF -
24,
RMF -00, NS -L, R -O, C-1, C-2, and
P-1 zoning districts:
"Accessory ground mounted solar
energy systems shall not be
considered buildings."
Section 3: That the City Council of
the City of Fayetteville, Arkansas
here by amends Chapter 162 Use
Units of the Fayetteville Unified
Development Code by adding the
following to the end of the table at
§ 162.01(C)(2), which covers
included uses within Use Unit 3,
Public Protection and Utility
Facilities:
"Principal use ground mounted
solar energy system"
Section 4: That the City Council of
the City of Fayetteville, Arkansas
hereby amends § 164.02(A)(5),
Size of Accessory Structure(s) by
repealing the first sentence of the
subsection and enacting a
replacement first sentence as
follows.
"(5) Size of Accessory Structure(s).
Any accessory structure(s) shall be
50% or less of the size of the
principal structure, except for
accessory roof mounted solar
energy systems and accessory
ground mounted solar energy
systems."
Section 5: That the City Council of
the City of Fayetteville, Arkansas
hereby enacts § 164.02(A)(7):
"(7) Accessory Ground Mounted
Solar Energy Systems. An
accessory ground mounted solar
energy system shall be considered
an accessory structure and shall be
subject to applicable accessory
structure requirements."
PASSED and APPROVED on
10/15/2019
Approved:
Lioneld Jordan, Mayor
Attest:
on, Deputy City Clerk
10/20/2019