HomeMy WebLinkAboutOrdinance 6407113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6407
File Number: 2020-1186
AMEND § 151.01 DEFINITIONS AND § 164.02 ACCESSORY STRUCTURES AND
USES:
AN ORDINANCE TO AMEND § 151.01 DEFINITIONS AND § 164.02 ACCESSORY
STRUCTURES AND USES OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE TO
PERMIT AND REGULATE ELECTRIC VEHICLE CHARGING STATIONS
WHEREAS, electric vehicles are increasingly common and are primarily being purchased by
consumers in an effort to be more environmentally sustainable; and
WHEREAS, the City is receiving inquires by commercial property owners that are interested in
installing electric vehicle charging stations.
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 § 151.01
Definitions by enacting a new definition "Electric Vehicle Charging Station" as follows:
"Electric Vehicle Charging Station (supplementary district regulations). Publicly accessible Electric
Vehicle Charging Stations shall have a minimum amperage of 30 amps on a 240-volt circuit and shall
be a "Level 2" Electric Vehicle Charging Station or higher. Publicly accessible electric vehicle charging
stations shall be networked for remote access to online management tools through an online portal
known as an electric vehicle supply equipment (EVSE) network."
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 164.02
Accessory Structures and Uses by enacting a new subsection (A)(8) as follows:
Page 1 Printed on 1120121
Ordinance: 6407
File Number 2020-1186
"(8) Electric Vehicle Charging Stations. Electric Vehicle Charging Stations that are publicly
accessible shall be considered an accessory use in all commercial, mixed -use, industrial, and
institutional zoning districts. Publicly accessible electric vehicle charging stations shall be reserved for
the parking and charging of electric vehicles only and information shall be posted indicating that the
space is reserved for electric vehicle charging purposes only. Electric vehicle charging equipment must
be designed and located to not impede pedestrian, bicycle or wheelchair movement. Property owners
may collect a service fee for the use of an electric vehicle charging station. Information shall be posted
identifying voltage and amperage levels and any type of use, fee, or safety information related the
electric vehicle charging station. Electric vehicle charging stations must be maintained in all respects,
including the functioning of the equipment. A phone number, email address, or some other contact
information must be provided on the charging equipment for reporting when it is not functioning, or for
when other problems are encountered."
PASSED and APPROVED on 1/19/2021
Attest:
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Kara Paxton, City Clerl��•rRF'��v
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Page 2 Printed on 1/2a*l
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2020-1186
Agenda Date: 1/19/2021 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C 6
AMEND § 151.01 DEFINITIONS AND § 164.02 ACCESSORY STRUCTURES AND USES:
AN ORDINANCE TO AMEND § 151.01 DEFINITIONS AND § 164.02 ACCESSORY
STRUCTURES AND USES OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE TO
PERMIT AND REGULATE ELECTRIC VEHICLE CHARGING STATIONS
WHEREAS, electric vehicles are increasingly common and are primarily being purchased by consumers in an
effort to be more environmentally sustainable; and
WHEREAS, the City is receiving inquires by commercial property owners that are interested in installing
electric vehicle charging stations.
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 § 151.01 Definitions by
enacting a new definition "Electric Vehicle Charging Station" as follows:
"Electric Vehicle Charging Station (supplementary district regulations). Publicly accessible Electric Vehicle
Charging Stations shall have a minimum amperage of 30 amps on a 240-volt circuit and shall be a "Level 2"
Electric Vehicle Charging Station or higher. Publicly accessible electric vehicle charging stations shall be
networked for remote access to online management tools through an online portal known as an electric vehicle
supply equipment (EVSE) network."
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 164.02 Accessory
Structures and Uses by enacting a new subsection (A)(8) as follows:
"(8) Electric Vehicle Charging Stations. Electric Vehicle Charging Stations that are publicly accessible shall
be considered an accessory use in all commercial, mixed -use, industrial, and institutional zoning districts.
Publicly accessible electric vehicle charging stations shall be reserved for the parking and charging of electric
vehicles only and information shall be posted indicating that the space is reserved for electric vehicle charging
purposes only. Electric vehicle charging equipment must be designed and located to not impede pedestrian,
bicycle or wheelchair movement. Property owners may collect a service fee for the use of an electric vehicle
charging station. Information shall be posted identifying voltage and amperage levels and any type of use, fee, or
City of Fayetteville, Arkensas Page I Printed on 112012021
File Number: 2020-1186
safety information related the electric vehicle charging station. Electric vehicle charging stations must be
maintained in all respects, including the functioning of the equipment. A phone number, email address, or some
other contact information must be provided on the charging equipment for reporting when it is not functioning,
or for when other problems are encountered."
City of Fayetteville, Arkansas Page 2 Printed on 112012021
Leif Olson
Submitted By
City of Fayetteville Staff Review Form
2020-1186
Legistar File ID
1/19/2021
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
12/31/2020 SUSTAINABILITY/RESILIENCE (631)
Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of an ordinance amending the Unified Development Code to permit and regulate
electric vehicle charging stations on commercial properties that are accessible for public use with an electric usage
fee.
Account Number
Project Number
Budgeted Item? NA
Does item have a cost? NA
Budget Adjustment Attached? NA
Budget Impact:
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Fund
Project Title
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JANUARY 19, 2021
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
Garner Stoll, Development Services Director
Jonathan Curth, City Planning Director
FROM: Peter Nierengarten, Environmental Director
DATE: December 31, 2020
CITY COUNCIL MEMO
SUBJECT: Amend Fayetteville Code of Ordinances: Electric Vehicle Charging
Stations: Submitted by the Sustainability Department for revisions to the
Fayetteville Code of Ordinances for electric vehicle charging stations available
for public use.
RECOMMENDATION:
Staff recommends approval of an ordinance amending the Unified Development Code to permit
and regulate electric vehicle charging stations on commercial properties that are accessible for
public use with an electric usage fee.
BACKGROUND:
Electric vehicles are increasingly common and are primarily being purchased by consumers in an
effort to be more environmentally sustainable. Increasingly, staff is getting inquires by commercial
property owners that are interested in installing electric vehicle (EV) charging stations on their
property or at their businesses. In many cases these property/ business owners would like to
convert their fleet to EV vehicles that would be charged overnight and allow their EV charging
stations to be available to the public for an electricity usage fee during daytime hours However,
the City's development codes do not currently have standards or regulations for installing or
operating EV charging stations.
Sustainability staff is also currently working with several City Departments and Divisions on
collecting and reporting data, policies, programs and projects for submittal to LEED for Cities and
Communities certification. Development codes related to permitted EV charging stations by right
for commercial and industrial land uses is one of the actions that LEED for Cities and Communities
rewards credit.
DISCUSSION:
The Sustainability Department in consultation with Planning Staff have drafted amendments to
the Fayetteville Code of Ordinances for publicly accessible EV charging stations. The primary
issues proposed in the revisions include the following:
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Adding an Electric Vehicle Charging Station definition to the Unified Development Code
Chapter 151: Definitions.
Amending UDC Chapter 164: Supplementary District Regulations to contain EV charging
station regulations.
The Planning Commission unanimously forwarded these proposed code amendments to the City
Council at their December 14, 2020 meeting.
BUDGET/STAFF IMPACT:
None
Attachments:
Proposed UDC Amendments in strike -out and bold
2
Amend Unified Development Code Chapter 151: Definitions by adding the following language:
Electric Vehicle Changing Station (Supplementary District Regulations). Publicly accessible Electric
Vehicle Charging Stations shall have a minimum amperage of 30 amps on a 240-volt circuit and shall
be a "Level 2" EV Charging Station or higher. Publicly accessible electric vehicle charging stations shall
be networked for remote access to online management tools through an online portal known as an
EVSE network.
Amend Unified Development Code Chapter 164: Supplementary District Regulations section 164.02 -
Accessory Structures and Uses by adding the following language:
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). 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. 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 shall be subject to
applicable accessory structure requirements.
(8) Electric Vehicle Charging Stations. Electric Vehicle Charging Stations that are publicly
accessible shall be considered an accessory use in all commercial, mixed -use,
industrial, and institutional zoning districts. Publicly accessible electric vehicle
charging stations shall be reserved for the parking and charging of electric vehicles
only and information shall be posted indicating that the space is reserved for electric
vehicle charging purposes only. Electric vehicle charging equipment must be designed
and located to not impede pedestrian, bicycle or wheelchair movement. Property
owners may collect a service fee for the use of an electric vehicle charging station.
Information shall be posted identifying voltage and amperage levels and any type of
use, fee, or safety information related the electric vehicle charging station. Electric
vehicle charging stations must be maintained in all respects, including the functioning
of the equipment. A phone number, email address, or some other contact information
must be provided on the charging equipment for reporting when it is not functioning,
or for when other problems are encountered.
(B) Swimming Pools. Swimming pools shall not be located in any required front setback.
NORTHWEST ARKANSAS
Democrat Oazette
1E07 EL.,'_T"Er4LE 0.'27;1.Cc.E.1:.117 :p -'?69=-P8 ,,.:'t�4Y:,'•D;ce':
AFFIDAVIT OF PUBLICATION
I, Brittany Smith,do solemnly swear that I am the Accounting Legal Clerk of the Northwest Arkansas
Democrat-Gazette,a daily newspaper printed and published in said County, State of Arkansas; that I was so
related to this publication at and during the publication of the annexed legal advertisement
the matter of: Notice pending in the Court, in said County,and at the dates of
the several publications of said advertisement stated below, ordinance:6407 mixed-use,industrial,and
and that during said periods and at said dates,said newspaper File Number. 2020-1186 institutional zoning districts.
wasprinted and had a bona fide circulation in said County; AMEND§151.01 DEFINITIONS Publicly accessible electric vehicle
AND§ 164.02 ACCESSORY charging stations shall be reserved
that said newspaper had been regularly printed and published STRUCTURES AND USES: for the parking and charging of
AN ORDINANCE TO AMEND§ electric vehicles only and
in said County, and had a bona fide circulation therein for the 151.01 DEFINITIONS AND§ information shall be posted
period of one month before the date of the first publication of 164.02 ACCESSORY indicating that the space is reserved
STRUCTURES AND USES OF for electric vehicle charging
said advertisement; and that said advertisement was published THE FAYETTEVILLE UNIFIED purposes only.Electric vehicle
in the regular daily issues of said newspaper as stated below. DEVELOPMENT CODE TO charging equipment must be
PERMIT AND REGULATE designed and located to not impede
ELECTRIC VEHICLE pedestrian,bicycle or wheelchair
CHARGING STATIONS movement.Property owners may
City of Fayetteville WHEREAS,electric vehicles are collect a service fee for the use of an
Ord 6407 increasingly common and are electric vehicle charging station.
primarily being purchased by Information shall be posted
consumers in an effort to be more identifying voltage and amperage
environmentally sustainable;and levels and any type of use,fee,or
WHEREAS,the City is receiving safety information related the
Was inserted in the Regular Edition on: inquires by commercial property electric vehicle charging station.
January 24, 2021 owners that arc interested in Electric vehicle charging stations
installing electric vehicle charging must be maintained in all respects,
stations. including the functioning of the
NOW THEREFORE,BE IT equipment.A phone number,email
Publication Charges: $186.96 ORDAINED BY THE CITY address,or some other contact
COUNCIL OF THE CITY OF information must be provided on the
FAYETTEVILLE,ARKANSAS: charging equipment for reporting
Section I:That the City Council of when it is not functioning,or for
/l the City of Fayetteville,Arkansas when other problems are
1g hereby amends§151.01 encountered."
Brittany Smith Definitions by enacting a new PASSED and APPROVED on
definition"Electric Vehicle 1/19/2021
Charging Station"as follows: Approved:
Subscribed and sworn to before me "Electric Vehicle Charging Station Lioneld Jordan,Mayor
This 2- day of _ ,2021. (supplementary district Attest:
regulations).Publicly accessible Kara Paxton,City Clerk Treasurer
Electric Vehicle Charging Stations 75373417 Jan 24,2021
shall have a minimum amperage of
30 amps on a 240-volt circuit and
shall be a"Level 2"Electric
Vehicle Charging Station or higher.
, I Publicly accessible electric vehicle
(�J charging stations shall be
Notary Public networked for remote access to
online management tools through
My Commission Expires: ZJ24:/2 . an online portal known as an
electric vehicle supply equipment
(EVSE)network."
Section 2: That the City Council of
the City of Fayeneville,Arkansas
hereby amends§164.02
Accessory Structures and Uses by
**NOTE** Please do not pay from Affidavit foaoting a new subsection(A)(8)as
lloInvoice will be sent. ""(8)Electric Vehicle Charging
Stations.Electric Vehicle Charging
Stations that are publicly
accessible shall be considered an
accessory use in all commercial,