HomeMy WebLinkAboutOrdinance 6521113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6521
File Number: 2021-1097
AMEND FAYETTEVILLE CODE OF ORDINANCES: SHORT-TERM RENTAL
DENSITY LIMITS:
AN ORDINANCE TO AMEND § 118.01 APPLICABILITY OF CHAPTER 118 BUSINESS
REGISTRY AND LICENSES, CHAPTER 151 DEFINITIONS, AND CHAPTER 161
ZONING REGULATIONS OF THE UNIFIED DEVELOPMENT CODE TO PERMIT
SHORT-TERM RENTALS IN ADDITIONAL ZONING DISTRICTS AND TO INCREASE THE
ALLOWABLE NUMBER OF SHORT-TERM RENTALS IN ATTACHED RESIDENTIAL
UNITS WHERE ADEQUATE FIRE PROTECTION IS PRESENT
WHEREAS, in April of 2021 the City Council passed Ordinance 6427 adopting operating standards
for Short Term Rentals; and
WHEREAS, staff has identified opportunities to broaden the zoning districts that allow short-term
rentals by right and to revise the density regulations for attached residential units that are owned
separately
WHEREAS, many older multi -family buildings in Fayetteville, whether under single or individual
ownership, were not built with fire protection elements that are now standard and staff recommends
that the proposal to allow more Type 2 short-term rentals within an attached residential building also
include evaluation by staff for adequate fire protection.
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 (18)
(a) of § 118.01 Applicability of Chapter 118 Business Registry and Licenses, and enacts a new
(18)(a) as follows:
Page 1 Printed on 1119122
Ordinance: 6521
File Number: 2021-1097
"(a) More Type 2 short-term rentals than what is allowed by the city-wide density cap. Type 2
short-term rentals in commercial and mixed -use zoning districts where hotel/motels are permitted by
right shall not contribute to the city-wide density cap."
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 118.01
Applicability of Chapter 118 Business Registry and Licenses, by repealing subsection (18)(d) and
enacting a replacement (18)(d) as follows:
"(d) Where attached residential units are held separately through condominium association, horizontal
property regime, fee simple, or similar ownership structure, no cap shall be applied to buildings with
attached residential dwellings. Structures of attached residential dwellings where applicants seek more
than 10% of total units for licensing as Type 2 rentals shall be evaluated by the Building Safety Director
and/or Fire Marshal for adequate fire protection as defined by the adopted Arkansas Fire Prevention
Code. Where inadequate fire protection is identified, improvements may be required prior to issuance
of a business license."
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends § 151.01
Definitions by enacting a new definition of "Apartment complex/multi-family complex" as follows:
"Apartment complex/multifamily complex. One (1) or more multi -family dwelling structures
occupying a single lot, operating under a common name, and having a common owner or manager."
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends § 161.21 District
C-1, Neighborhood Commercial of Chapter 161 Zoning Regulations by adding Use Unit 46,
Short-term rentals to subsection (B)(1) Permitted Uses.
Section 5: That the City Council of the City of Fayetteville, Arkansas hereby amends § 161.23 District
C-2, Thoroughfare Commercial of Chapter 161 Zoning Regulations by adding Use Unit 46,
Short-term rentals to subsection (B)(1) Permitted Uses.
Section 6: That the City Council of the City of Fayetteville, Arkansas hereby amends § 161.30 District
I4, Heavy Commercial And Light Industrial of Chapter 161 Zoning Regulations by adding Use
Unit 46, Short-term rentals to subsection (B)(1) Permitted Uses.
Section 7: That the City Council of the City of Fayetteville, Arkansas hereby amends § 161.31 District
I-2, General Industrial of Chapter 161 Zoning Regulations by adding Use Unit 46, Short-term
rentals to subsection (B)(1) Permitted Uses.
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Ordinance: 6521
File Number: 2021-1097
Section 8: That the City Council of the City of Fayetteville, Arkansas hereby amends § 161.32 District
P-1, Institutional of Chapter 161 Zoning Regulations by adding Use Unit 46, Short-term rentals to
subsection (B)(1) Permitted Uses.
PASSED and APPROVED on 1/18/2022
Attest:
Kara Paxton, City Clerk Treasures ;�.
�9ZP .F
Page 3 Printed on 1119122
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2021-1097
Agenda Date: 1/18/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: C.1
AMEND FAYETTEVILLE CODE OF ORDINANCES: SHORT-TERM RENTAL DENSITY
LIMITS:
AN ORDINANCE TO AMEND § 118.01 APPLICABILITY OF CHAPTER 118 BUSINESS REGISTRY
AND LICENSES, CHAPTER 151 DEFINITIONS, AND CHAPTER 161 ZONING REGULATIONS
OF THE UNIFIED DEVELOPMENT CODE TO PERMIT SHORT-TERM RENTALS IN ADDITIONAL
ZONING DISTRICTS AND TO INCREASE THE ALLOWABLE NUMBER OF SHORT-TERM
RENTALS IN ATTACHED RESIDENTIAL UNITS WHERE ADEQUATE FIRE PROTECTION IS
PRESENT
WHEREAS, in April of 2021 the City Council passed Ordinance 6427 adopting operating standards for Short
Term Rentals; and
WHEREAS, staff has identified opportunities to broaden the zoning districts that allow short-term rentals by
right and to revise the density regulations for attached residential units that are owned separately
WHEREAS, many older multi -family buildings in Fayetteville, whether under single or individual ownership,
were not built with fire protection elements that are now standard and staff recommends that the proposal to
allow more Type 2 short-term rentals within an attached residential building also include evaluation by staff for
adequate fire protection.
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 (18)(a) of
§ 118.01 Applicability of Chapter 118 Business Registry and Licenses, and enacts a new (18)(a) as
follows:
"(a) More Type 2 short-term rentals than what is allowed by the city-wide density cap. Type 2 short-term
rentals in commercial and mixed -use zoning districts where hotel/motels are permitted by right shall not
contribute to the city-wide density cap."
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 118.01 Applicability of
Chapter 118 Business Registry and Licenses, by repealing subsection (18)(d) and enacting a replacement
(18)(d) as follows:
City of Fayetteville, Arkansas Page 1 Printed on 111912022
File Number: 2021-1097
"(d) Where attached residential units are held separately through condominium association, horizontal property
regime, fee simple, or similar ownership structure, no cap shall be applied to buildings with attached residential
dwellings. Structures of attached residential dwellings where applicants seek more than 10% of total units for
licensing as Type 2 rentals shall be evaluated by the Building Safety Director and/or Fire Marshal for adequate
fire protection as defined by the adopted Arkansas Fire Prevention Code. Where inadequate fire protection is
identified, improvements may be required prior to issuance of a business license."
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends § 151.01 Definitions by
enacting a new definition of "Apartment complex/multi-family complex" as follows:
"Apartment complex/multifamily complex. One (1) or more multi -family dwelling structures occupying a
single lot, operating under a common name, and having a common owner or manager."
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends § 161.21 District C-1,
Neighborhood Commercial of Chapter 161 Zoning Regulations by adding Use Unit 46, Short-term rentals
to subsection (B)(1) Permitted Uses.
Section 5: That the City Council of the City of Fayetteville, Arkansas hereby amends § 161.23 District C-2,
Thoroughfare Commercial of Chapter 161 Zoning Regulations by adding Use Unit 46, Short-term rentals
to subsection (B)(1) Permitted Uses.
Section 6: That the City Council of the City of Fayetteville, Arkansas hereby amends § 161.30 District I-1,
Heavy Commercial And Light Industrial of Chapter 161 Zoning Regulations by adding Use Unit 46,
Short-term rentals to subsection (B)(1) Permitted Uses.
Section 7: That the City Council of the City of Fayetteville, Arkansas hereby amends § 161.31 District I-2,
General Industrial of Chapter 161 Zoning Regulations by adding Use Unit 46, Short-term rentals to
subsection (B)(1) Permitted Uses.
Section 8: That the City Council of the City of Fayetteville, Arkansas hereby amends § 161.32 District P-1,
Institutional of Chapter 161 Zoning Regulations by adding Use Unit 46, Short-term rentals to subsection
(B)(1) Permitted Uses.
City of Fayetteville, Arkansas Page 2 Printed on 111912022
City of Fayetteville Staff Review Form
2021-1097
Legistar File ID
1/18/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jonathan Curth 12/30/2021 LONG RANGE PLANNING (634)
Submitted By Submitted Date Division / Department
Action Recommendation:
§118, Business Registry and Licenses, §151, Definitions, and §161, Zoning Regulations (Amend Fayetteville Code of
Ordinances: Short -Term Rental Density Limits): Submitted by the Development Services Department for revisions to
the Fayetteville Code of Ordinances to increase the allowable number of short-term rentals in attached residential
units where adequate fire protection is present.
Account Number
Project Number
Budgeted Item? No
Does item have a cost? No
Budget Adjustment Attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Fund
Project Title
Current Budget $ -
Funds Obligated $ -
Current Balance
Item Cost $ -
Budget Adjustment $ -
Remaining Budget
Previous Ordinance or Resolution #
Approval Date:
V20210527
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JANUARY 18, 2022
TO: Mayor; Fayetteville City Council
THRU: Susan Norton, Chief of Staff
FROM: Jonathan Curth, Development Services Director
DATE: December 30, 2021
CITY COUNCIL MEMO
SUBJECT: §118, Business Registry and Licenses, §151, Definitions, and §161, Zoning
Regulations (Amend Fayetteville Code of Ordinances: Short -Term Rental
Density Limits): Submitted by the Development Services Department for
revisions to the Fayetteville Code of Ordinances to increase the allowable
number of short-term rentals in attached residential units where adequate fire
protection is present.
RECOMMENDATION:
City staff recommend approving an ordinance to amend §118, Business Registry and Licenses,
§151, Definitions, and §161, Zoning Regulations, permitting short-term rentals in more zoning
districts and increasing the allowable number of short-term rentals in attached residential units
where adequate fire protection is present, as shown in the attached Exhibit W.
BACKGROUND:
In April of 2021, Fayetteville adopted operating standards for short-term rentals (STRs). This
most prominently included the defining and categorization of STRs, licensing and permitting
requirements, life -safety inspections, occupation limits, density allowances, and a start-up
period for operators to receive licensing without a public hearing. STRs were divided into Type 1
and Type 2 designations, with Type 1 rentals acting primarily as a permanent residence and
Type 2 rentals not occupied by a permanent resident and intended primarily for rental.
Where Type 1 STRs are widely permitted without limitation on number, dwelling units used as a
Type 2 are subject to two tiers of density limit. First is citywide, where no more than 2% of total
dwellings in Fayetteville's city limits can be used as a Type 2. As of mid -December 2021, 280
Type 2 STR applications have been received, representing approximately 6% of the 43,795
dwellings in Fayetteville. The second tier of density limit on Type 2 STRs is based on units
within an attached residential building. For 1-, 2-, 3-, and 4-family dwellings up to one unit can
be permitted as a Type 2 STR. In multi -family buildings or multi -family complexes, 10% or a
single -unit, whichever is greater, can be used for Type 2 rental.
DISCUSSION:
Following implementation, staff identified two portions of the STR ordinance that limit licensing
where it may be appropriate. First is the exclusion of STRs from nonresidential zoning districts
that do not permit hotels or motels. Although few in number, several properties were identified
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
where nonconforming residential uses exist. This includes examples like caretaker residences
for businesses, homes that predate current zoning standards, and housing associated with
institutional uses, like schools or religious entities.
The second instance where the allowances of the STR ordinance may be appropriately
broadened relates to the density limit on attached residential units. More specifically, attached
residential units that are not held by a single individual or entity, but are instead owned
individually, either as condominiums, townhomes, or other real property ownership regime. The
STR ordinance currently makes no distinction between ownership of an entire building or
complex, and an individual unit within an attached residential building. The building density cap
was crafted as a mechanism to limit excessive conversion of Fayetteville's stock of potentially
affordable apartment dwellings into STRs. With due consideration for the intent of the
ordinance, staff finds that limiting the use of individually held units as STRs does not generally
compromise housing availability.
However, many multi -family buildings in Fayetteville, whether under single or individual
ownership, were not built with fire protection elements that are now standard. While this poses
some risk to occupants, long-term residents are familiar with a building's layout, exits, and fire
extinguisher locations. The temporary or itinerant nature of many STR users does not afford this
same level of familiarity. Accordingly, staff recommends that the proposal to expand the number
of Type 2 STRs within an attached residential building also include evaluation by staff within the
Building Safety and Fire Marshal offices.
Consequently, staff recommends two amendments, summarized as:
Include Use Unit 46, Short-term Rentals in the following zoning districts:
o C-1, Neighborhood Commercial
o C-2, Thoroughfare Commercial
0 1-1, Heavy Commercial and Light Industrial
0 1-2, General Industrial
o P-1, Institutional
Include an exemption to the building density cap for residential units that are owned
separately and in structures with adequate fire protection
BUDGET/STAFF IMPACT:
NA
Attachments:
• Exhibit 'A'
• Proposed Ordinance Amendment in Strikethrough/Highlight
EXHIBIT'A'
118.01 Applicability
(E) Short -Term Rentals. A residential dwelling unit, portion of a dwelling unit, or bedroom within a residential
dwelling unit, leased and/or rented to a guest(s), for a period of less than thirty consecutive (30) days.
(18) Density For Type 2 Short -Term Rentals. A city-wide density cap of 2% of all dwelling units in the
Fayetteville city limits may be utilized as Type 2 rentals. Total dwelling units are determined from
current United States Census Bureau and/or American Community Survey numbers, whichever number
is higher. A conditional use permit may not permit:
(a) More Type 2 short-term rentals than what is allowed by the city-wide density cap. Type 2 short-
term rentals in commercial and mixed -use zoning districts where hotel/motels are permitted by
right shall not contribute to the city-wide density cap.
(b) More than 10% or a single unit whichever is greater; of total dwelling units as Type 2 rentals
within a multi -family dwelling complex.
(c) Individual 2-, 3- and 4-family buildings that are owned by the same person or entity and are not a
part of a multi -family complex shall have no more than one (1) Type 2 short-term rental unit per
building complex.
(d) Where attached residential units are held separately through condominium association,
horizontal property regime, fee simple, or similar ownership structure, no cap shall be applied to
buildings with attached residential dwellings. Structures of attached residential dwellings where
applicants seek more than 10% of total units for licensing as Type 2 rentals shall be evaluated by
the Building Safety Director and/or Fire Marshal for adequate fire protection as defined by the
adopted Arkansas Fire Prevention Code. Where inadequate fire protection is identified,
improvements may be required prior to issuance of a business license.
151.01 Definitions
A
Apartment complex/multi-family complex. One (1) or more multi -family dwelling structures occupying a single lot,
operating under a common name, and having a common owner or manager.
161.21 District C-1, Neighborhood Commercial
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 5
Government Facilities
Unit 13
Eating places
Unit 15
Neighborhood shopping
Unit 18
Gasoline service stations and drive-in/drive-through
restaurants
Unit 25
Offices, studios, and related services
Unit 40
Sidewalk Cafes
Unit 44
Cluster Housing Development
Unit 45
Small scale production
Unit 46
Short-term rentals
161.23 District C-2, Thoroughfare Commercial
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government Facilities
Unit 13
Eating places
Unit 14
Hotel, motel, and amusement facilities
Unit 16
Shopping goods
Unit 17
Transportation trades and services
Unit 18
Gasoline service stations and drive-in/drive-through
restaurants
Unit 19
Commercial recreation, small sites
Unit 20
Commercial recreation, large sites
Unit 25
Offices, studios, and related services
Unit 33
Adult live entertainment club or bar
Unit 34
Liquor store
Unit 40
Sidewalk Cafes
Unit 44
Cluster Housing Development
Unit 45
Small scale production
Unit 46
Short-term rentals
161.30 District 1-1, Heavy Commercial And Light Industrial
(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
Unit 6
1 Agriculture
Unit 13
Eating places
Unit 16
Shopping goods
Unit 17
Transportation trades and services
Unit 18
Gasoline service stations and drive-in/drive-through
restaurants
Unit 21
Warehousing and wholesale
Unit 22
Manufacturing
Unit 25
Offices, studios and related services
Unit 27
Wholesale bulk petroleum storage facilities with
underground storage tanks
Unit 42
Clean technologies
Unit 46
Short-term rentals
161.31 District 1-2, General Industrial
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 3
Public protection and utility facilities
Unit 5
Government Facilities
Unit 6
Agriculture
Unit 7
1 Animal husbandry
Unit 13
Eating places
Unit 16
Shopping goods
Unit 18
Gasoline service stations and drive-in/drive-through
restaurants
Unit 20
Commercial recreation, large sites
Unit 21
Warehousing and wholesale
Unit 22
Manufacturing
Unit 23
Heavy industrial
Unit 25
Offices, studios, and related services
Unit 28
Center for collecting recyclable materials
Unit 42
Clean technologies
Unit 43
Animal boarding and training
Unit 46
Short-term rentals
161.32 District P-1, Institutional
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 46
Short-term rentals
Proposed Ordinance Amendment in Strikethrough/Highlight
118.01 Applicability
(E) Short -Term Rentals. A residential dwelling unit, portion of a dwelling unit, or bedroom within a residential
dwelling unit, leased and/or rented to a guest(s), for a period of less than thirty consecutive (30) days.
(1) Short -Term Rental, Type 1. A short-term rental where the principal use of the property remains as a
full-time residence. The occupants or owner rent their primary residence as a short-term rental. A copy
of the Homestead Tax Credit or long-term lease agreement for the subject property is required to be
classified as a Type 1 rental. The occupant or owner must occupy the residence for nine (9) months of
the year. Accessory dwelling units (ADUs) as defined in Unified Development Code Chapter 151 shall be
considered a Type 1 short-term rental.
(2) Short -Term Rental, Type 2. A short-term rental that is not occupied by a permanent resident. The
owner lists this property full-time as a short-term rental and has no intention of having permanent
residents living in the property. A conditional use permit is required for a Type 2 short-term rental prior
to the city issuing a business license, except as defined in §118.01(E)(4).
(3) License Required. No dwelling unit in the city shall be used as a short-term rental unless:
(a) The owner of the dwelling unit or operator of the short-term rental possess a valid and current
business license for the dwelling unit, and fully complies with all legal requirements and duties
imposed herein with respect to each and every short-term rental; and
(b) The owner has designated an agent, where said agent fully complies with all legal requirements
and duties imposed herein with respect to every short-term rental. The owner may serve as their
own agent.
(c) The owner of the dwelling unit or operator of the short-term rental provides proof of a valid and
current homeowners insurance rider policy which fully covers each unit when operated as short-
term rental unit.
(4) Six -Month Start-up Period. After the enactment of the short-term rental ordinance, short-term rental
operators shall have six (6) months to obtain a business license and be considered in compliance. After
the 6-month start-up period, all short-term rental units must have a business license to be considered
in compliance.
(a) Persons seeking to operate a short-term rental within six months of the enactment of this Code
section shall be granted a conditional use permit for such short-term rental without having to pay
a fee or have a hearing before the Planning Commission. The conditions for such permit shall be
full compliance with all terms and requirements of Chapter 118, Business Registry and Licenses,
this section, and all other requirements of the Fayetteville Code including timely and full payment
of all hotel, motel, and restaurant taxes to the city. Revocation of the business license shall also
revoke the conditional use permit granted by this subsection.
(b) Persons seeking to operate a Type 2 short-term rental who have failed to obtain such conditional
use permit and business license prior to the end of the six month start-up period shall be
required to follow normal procedures and apply to the Planning Commission to request a
conditional use permit which will be issued or denied pursuant to the Planning Commission's
decision pursuant to §163.18(2)(a).
(c) Type 1 and 2 short-term rentals seeking a business license or permit under the 6-month start-up
period which are currently operating in 2-, 3- and 4-unit buildings in which more than one (1) unit
is being used as a short-term rental may obtain a business license for all currently operating
short-term rentals.
(5) A separate business license shall be required for each dwelling unit used as a short-term rental.
(6) Any change in ownership requires a new or amended business license.
(7) If any required contact information changes for the associated business license, the person to whom
the license was issued shall immediately notify the Development Services Department in writing.
(8) License Application. The application for a business license shall include at minimum, the following
information from applicants:
(a) The property owner's information including legal name, mailing address, immediate contact
phone number, and immediate contact E-mail address.
(b) Information for the dwelling unit subject to the application, inclusive of the physical street
address assigned by the city.
(c) The type and total number of dwelling units located on the lot of record containing the dwelling
unit subject to the application.
(d) If the owner is not their own agent, the owner designated agent's information including legal
name, mailing address, immediate contact phone number and immediate contact E-mail address.
(e) Documentation of approval of a life safety and egress inspection by the City Building Safety
Division for the dwelling unit subject to the application.
(f) Proof of application for remittance of hotel, motel and restaurant tax to the City of Fayetteville,
and verification that all sales, use, and hotel, motel and restaurant taxes are current.
(g) Any additional data as deemed necessary or desirable for permit approval by the Development
Services Director.
(10) License Renewals. Business licenses for short-term rentals shall be renewed in accordance with Chapter
118 of the Business Regulations (Business Registry and Licenses).
(11) Legal Duties of License Holders. An owner possessing a short-term rental license shall comply at all
times with the following requirements:
10
(a) Occupancy. Short-term rentals shall be subject to, and may not exceed, the occupancy limits
approved with the business license.
(b) Advertisements. A short-term rental shall not be advertised if it violates occupancy, density,
safety, and any of the other provisions of the Fayetteville Code. No short-term rental unit shall be
advertised prior to having obtained a business license and the business license number shall be
included in the advertisement listing.
(c) Information and Posting. Business licensees shall provide to guests and post conspicuously in the
common area of the short-term rental unit the city phone number to report a safety complaint.
(12) Owner or Agent Accessibility. The property owner shall ensure that they or a designated agent are
available at all times during guest occupancy, including nights and weekends, in order to facilitate
compliance with this section. For the purposes of these regulations, 'availability' means that the owner
or agent is accessible by telephone, and, able to be physically present at the short-term rental within
three (3) hours of being contacted.
(13) Guest Records. The owner shall maintain summary guest registration records, which shall contain the
actual dates of occupancy, total number of guests per party per stay, and the rate(s) charged, but shall
not contain any personally identifiable information about guests. Such records shall be maintained for
three (3) years and shall be provided to the City upon request.
(14) Health and Safety. The owner shall ensure that each dwelling unit governed by this section complies
with the applicable provisions of the Unified Development Code Chapter 173, Building Regulations.
(15) Criminal Activity. The owner shall timely report any known or reasonably suspected criminal activity by
a guest to the Fayetteville Police Department within twelve (12) hours maximum.
(16) Taxes and Fees. Except for those instances in which a hosting platform bears the responsibility for
collecting and remitting taxes and fees applicable to short-term rentals, the property owner shall
timely remit in full Fayetteville Hotel, Motel and Restaurant tax and other applicable local, state, and
federal taxes and city fees owed in connection with any short-term rental. The failure of a hosting
platform to collect and remit taxes and fees shall not relieve an owner of the obligation to pay taxes
and fees owed pursuant to this section.
(17) Authorization to Occupy, Use, and Operate. Authorization to operate a short-term rental may be
granted by the Development Services Director through the issuance of a City of Fayetteville Business
Registry and License (Business License).
(18) Density For Type 2 Short -Term Rentals. A city-wide density cap of 2% of all dwelling units in the
Fayetteville city limits may be utilized as Type 2 rentals. Total dwelling units are determined from
current United States Census Bureau and/or American Community Survey numbers, whichever number
is higher. A conditional use permit may not permit:
(a) More Type 2 short-term rentals than what is allowed by the city-wide density cap. Type 2 short-
term rentals in commercial and mixed -use zoning districts where hotel/motels are permitted
by right shall not contribute to the city-wide density cap.
11
(b) More than 10% or a single unit whichever is greater; of total dwelling units as Type 2 rentals
within a multi -family dwelling complex.
(c) Individual 2-, 3- and 4-family buildings that are owned by the same person or entity and are not a
part of a multi -family complex shall have no more than one (1) Type 2 short-term rental unit per
building complex.
(d) Density ef Type _2 Shert te-Irm re-Inta'S Shall net rEernme-Ircial -and- mixed- use zef+ift
distr;,.+.- voheF h tel i.. et is are permitted by Fight, Where attached residential units are held
separately through condominium association, horizontal property regime, fee simple, or similar
ownership structure, no cap shall be applied to buildings with attached residential dwellings.
Structures of attached residential dwellings where applicants seek more than 10% of total units
for licensing as Type 2 rentals shall be evaluated by the Building Safety Director and/or Fire
Marshal for adequate fire protection as defined by the adopted Arkansas Fire Prevention Code.
Where inadequate fire protection is identified, improvements may be required prior to
issuance of a business license.
(19) Suspension and Revocation. If the Development Services Director has reason to believe that any of the
grounds specified in §118.03(A) of the Fayetteville Code exist, or that any rental unit was rented for
less than one (1) full night, or to more than one (1) part of guests for the same period of time, or
otherwise failed to comply with all terms and conditions of this section, the Development Services
Director may suspend or revoke the short-term rental's business license pursuant to the procedures
detailed in §118.03 and in §118.04 of the Fayetteville Code.
(20) Short-term rentals must comply with all applicable codes under Unified Development Code §163.18
and successfully obtain a business license prior to operation.
( Ord. No. 6427, §§1(Exh. A), 2, 4-20-21)
Editor's note(s)—Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments
to Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated,
and become void twenty (20) months after the passage and approval of this ordinance, unless prior to that
date, the City Council amends this ordinance to repeal this sunset, repeal and termination section."
12
151,01 Definitions
A
Apartment complex/multi-family complex. One (1) or more multi -family dwelling structures occupying a single lot,
operating under a common name, and having a common owner or manager.
(Code 1965, §§13A-1; 1313-1; 17B-7(a0, 19-24, 1713-2; App. A, Art. 17; App. B, §1; App. C, Art. 1, §D; Ord. No. 1509,
8-8-66; Ord. No. 1747, 6-20-70; Ord. No. 1790, 3-15-71; Ord. No. 1801, 6-21-71; Ord. No. 1859, 3-20-72; Ord. No.
1893, 12-19-72; Ord. No. 1998, 5-7-74; Ord. No. 2581, 12-4-79; Ord. No. 2697, 1-20-81; Ord. No. 2753, 8-18-81;
Ord. No. 2789, 1-18-82; Ord. No. 2934, 8-2-83; Ord. No. 2948, 9-20-83; Ord. No. 3011, 6-5-84; Ord. No. 3024, 8-21-
84; Ord. No. 3231, 12-2-86; Ord. No. 4024, §2, 3-28-87; Ord. No. 3298, 10-6-87; Code 1991, §§98.60, 118.01,
150.02, 156.001, 156.065, 158.03, 158.35, 159.04, 160.002, 160.096(A), 160.121, 161.06, 162.02, 163.02; Ord. No.
3551, 6-4-91; Ord. No. 3138, 11-5-85; Ord. No. 3165, 2-4-86; Ord. No. 3699, §2, 4-20-93; Ord. No. 3780, §1, 4-19-
94; Ord. No. 3794, §1 5-17-94; Ord. No. 3870, §1, 4-1-94; Ord. No. 3895, 6-20-95; Ord. No. 3901, §1, 2, 7-5-95; Ord.
No. 3908, §1, 7-18-95; Ord. No. 3970, §1, 7-18-95; Ord. No. 3913, §1, 8-1-95; Ord. No. 3963, §1, 4-16-96; Ord. No.
3970, §1, 5-7-96; Ord. No. 3971, §1, 5-21-96; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4113, 8-18-98; Ord. No.
4127, 12-15-98; Ord. No. 4178, 8-31-99; Ord. No. 4226, 2-15-00; Ord. No. 4285, 1-2-01; Ord. No. 4321, 6-19-01;
Ord. No. 4340, 10-2-01; Ord. 4714, 6-21-05; Ord. No. 4817, 1-03-06; Ord. No. 4847, 3-7-06; Ord. No. 4855, 4-18-06;
Ord. No. 4919, 09-05-06; Ord. No. 4930, 10-03-06; Ord. No. 5028, 6-19-07; Ord. No. 5029, 6-19-07; Ord. No. 5056,
9-04-07; Ord. No. 5128, 4-15-08; Ord. No. 5206, 12-16-08; Ord. No. 5238, 5-5-09; Ord. No. 5296, 12-15-09; Ord.
No. 5304; 1-19-10; Ord. No. 5312, 4-20-10; Ord. No. 5313, 4-20-10; Ord. No. 5327. 6-1-10; Ord. No. 5339, 8-3-10;
Ord. No. 5352, 9-7-10; Ord. No. 5348, 9-7-10; Ord. No. 5375, 12-21-10; Ord. No. 5453, 10-18-11; Ord. No. 5490, 4-
3-12; Ord. No. 5526 9-18-12; Ord. No. 5559, 01-03-13; Ord. No. 5592, 06-18-13; Ord. No. 5634, 11-05-13; Ord. No.
5653, 01-21-14; Ord. No. 5679, 4-15-14; Ord. No. 5735, 1-20-15; Ord. No. 5793, 8-18-15; Ord. No. 5866, §1, 4-5-
16; Ord. No. 5888, §1, 6-21-16; Ord. No. 5901, §1, 9-6-16; Ord. No. 5951, §1, 2-7-17; Ord. No. 5986, §3, 7-6-17;
Ord. No. 6015, §2, 11-21-17; Ord. No. 6087, §1, 9-4-18; Ord. No. 6245, §1, 10-15-19; Ord. No. 6350, §2(Exh. A),
8-18-20; Ord. No. 6407 §1, 1-19-21; Ord. No. 6427, §§1(Exh. B), 2, 4-20-21; Ord. No. 6440, §1, 5-18-21; Ord. No.
6442, §7(Exh. G), 6-1-21; Ord. No. 6446, §2(Exh. A), 6-15-21)
Editor's note(s)-Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all
amendments to Code sections ordained or enacted by this ordinance shall automatically sunset, be
repealed, terminated, and become void twenty (20) months after the passage and approval of this
ordinance, unless prior to that date, the City Council amends this ordinance to repeal this sunset, repeal
and termination section."
13
161.21 District C-1, Neighborhood Commercial
(A) Purpose. The Neighborhood Commercial District is designed primarily to provide convenience goods and
personal services for persons living in the surrounding residential areas. The intent of this district is to allow
administrative approval if the developer decides to use urban form, in compliance with the build -to zone and
minimum buildable street frontage as specified herein.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 5
Government Facilities
Unit 13
Eating places
Unit 15
Neighborhood shopping
Unit 18
Gasoline service stations and drive-in/drive-through
restaurants
Unit 25
Offices, studios, and related services
Unit 40
Sidewalk Cafes
Unit 44
Cluster Housing Development
Unit 45
Small scale production
Unit 46
Short-term rentals
(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 16
Shopping goods
Unit 34
Liquor stores
Unit 35
Outdoor music establishments*
Unit 36
Wireless communications facilities*
Unit 42
Clean technologies
(C) Density. None.
(D) Bulk and Area Regulations. None.
(E) Setback Regulations.
Front 1 15 feet
14
Front, if parking is allowed
50 feet
between the right-of-way and
the building
Side
None
Side, when contiguous to a
10 feet
residential district
Rear
20feet
Urban Form Setback Regulations:
Front
A build -to zone that is located
between 10 feet and a line 25
feet from the front property line
Side and rear
None
Side or rear, when contiguous to
15 feet
a single-family residential
district
(F) Building Height Regulations.
Building Height Maximum 15 stories
If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories
shall have an additional setback from any boundary line of an adjacent residential district. The amount of
additional setback for the portion of the building over two (2) stories shall be equal to the difference
between the total height of that portion of the building, and two (2) stories.
(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.
(H) Urban form minimum buildable street frontage: 50% of the lot width.
(Code 1965, App. A., Art. 5(V); Ord. No. 2603, 2-19-80; Ord. No. 1747, 6-29-70; Code 1991, §160.035; Ord. No.
4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5195, 11-6-08; Ord. No. 5312,
4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No.
5735, 1-20-15; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§5, 7, 1-17-17;
Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6164, §§1, 4, 5, 4-2-19; Ord. No. 6223, §1, 9-3-19; Ord. No. 6245,
§2, 10-15-19)
15
161.23 District C-2, Thoroughfare Commercial
(A) Purpose. The Thoroughfare Commercial District is designed especially to encourage the functional grouping
of these commercial enterprises catering primarily to highway travelers. The intent of this district is to allow
administrative approval if the developer decides to use urban form, in compliance with the build -to zone and
minimum buildable street frontage as specified herein.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government Facilities
Unit 13
Eating places
Unit 14
Hotel, motel, and amusement facilities
Unit 16
Shopping goods
Unit 17
Transportation trades and services
Unit 18
Gasoline service stations and drive-in/drive-through
restaurants
Unit 19
Commercial recreation, small sites
Unit 20
Commercial recreation, large sites
Unit 25
Offices, studios, and related services
Unit 33
Adult live entertainment club or bar
Unit 34
Liquor store
Unit 40
Sidewalk Cafes
Unit 44
Cluster Housing Development
Unit 45
Small scale production
Unit 46
Short-term rentals
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 21
Warehousing and wholesale
Unit 28
Center for collecting recyclable materials
Unit 29
1 Dance Halls
Unit 32
Sexually oriented business
Unit 35
Outdoor music establishments
Unit 36
Wireless communications facilities
Unit 38
Mini -storage units
16
Unit 42 Clean technologies
Unit 43 Animal boarding and training
(C) Density. None.
(D) Bulk and Area Regulations. None.
(E) Setback Regulations.
Front
15 feet
Front, if parking is allowed
between the right-of-way and
the building
50 feet
Side
None
Side, when contiguous to a
residential district
15 feet
Rear
20 feet
Urban Form Setback Regulations:
Front
A build -to zone that is located
between 10 feet and a line 25
feet from the front property line
Side and rear
None
Side or rear, when contiguous to
15 feet
a single-family residential
district
(F) Building Height Regulations.
Building Height Maximum 16 stories-
* If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories
shall have an additional setback from side boundary line of an adjacent residential district. The amount of
additional setback for the portion of the building over two (2) stories shall be equal to the difference
between the total height of that portion of the building, and two (2) stories.
17
(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.
(H) Urban form minimum buildable street frontage: 50% of the lot width.
(Code 1965, App. A., Art. 5(VI); Ord. No. 1833, 11-1-71; Ord. No. 2351, 6-2-77; Ord. No. 2603, 2-19-80; Ord. No.
1747, 6-29-70; Code 1991, §160.036; Ord. No. 4034, §3, 4, 4-15-97; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No.
4178, 8-31-99; Ord. No. 4727, 7-19-05; Ord. No. 4992, 3-06-07; Ord. No. 5028, 6-19-07; Ord. No. 5195, 11-6-08;
Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5353, 9-7-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-
13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921, §1, 11-1-
16; Ord. No. 5945, §§5, 7, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6164, §§1, 6, 7, 4-2-19; Ord. No.
6223, §1, 9-3-19; Ord. No. 6245, §2, 10-15-19)
In
161.30 District 1-1, Heavy Commercial And Light Industrial
(A) Purpose. The Heavy Commercial District is designed primarily to accommodate certain commercial and light
industrial uses which are compatible with one another but are inappropriate in other commercial or
industrial districts. The Light Industrial District is designed to group together a wide range of industrial uses,
which do not produce objectionable environmental influences in their operation and appearance. The
regulations of this district are intended to provide a degree of compatibility between uses permitted in this
district and those in nearby residential districts.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government Facilities
Unit 6
1 Agriculture
Unit 13
Eating places
Unit 16
Shopping goods
Unit 17
Transportation trades and services
Unit 18
Gasoline service stations and drive-in/drive-through
restaurants
Unit 21
Warehousing and wholesale
Unit 22
Manufacturing
Unit 25
Offices, studios and related services
Unit 27
Wholesale bulk petroleum storage facilities with
underground storage tanks
Unit 42
Clean technologies
Unit 46
Short-term rentals
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 19
Commercial recreation, small sites
Unit 20
Commercial recreation, large sites
Unit 28
Center for collecting recyclable materials
Unit 36
Wireless communications facilities
Unit 38
Mini -storage units
Unit 43
Animal boarding and training
19
(C) Density. None.
(D) Bulk and Area Regulations. None.
(E) Setback Regulations.
Front, when adjoining A or R districts
50 feet
Front, when adjoining C, I, or P districts
25 feet
Side, when adjoining A or R districts
50 feet
Side, when adjoining C, I, or P districts
10 feet
Rear
25feet
(F) Height Regulations. There shall be no maximum height limits in 1-1 District, provided, however, that if a
building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall
have an additional setback from any boundary line of an adjacent residential district. The amount of
additional setback for the portion of the building over two (2) stories shall be equal to the difference
between the total height of that portion of the building, and two (2) stories.
(G) Building Area. None.
(Code 1965, App. A., Art. 5(VIII); Ord. No. 2351, 6-2-77; Ord. No. 2430, 3-21-78; Ord. No. 2516, 4-3-79; Ord. No.
1747, 6-29-70; Code 1991, §160.039; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4992, 3-
06-07; Ord. No. 5028, 6-19-07; Ord. No. 5195, 11-6-08; Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No.
5353, 9-7-10; Ord. No. 5472; 12-20-11; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5945, §§5, 7, 1-17-17; Ord.
No. 5982 , §1, 6-20-17; Ord. No. 6015 , §1(Exh. A), 11-21-17)
20
161.31 District 1-2, General Industrial
(A) Purpose. The General Industrial District is designed to provide areas for manufacturing and industrial
activities which may give rise to substantial environment nuisances, which are objectionable to residential
and business use.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 3
Public protection and utility facilities
Unit 5
Government Facilities
Unit 6
Agriculture
Unit 7
1 Animal husbandry
Unit 13
Eating places
Unit 16
Shopping goods
Unit 18
Gasoline service stations and drive-in/drive-through
restaurants
Unit 20
Commercial recreation, large sites
Unit 21
Warehousing and wholesale
Unit 22
Manufacturing
Unit 23
Heavy industrial
Unit 25
Offices, studios, and related services
Unit 28
Center for collecting recyclable materials
Unit 42
Clean technologies
Unit 43
Animal boarding and training
Unit 46
Short-term rentals
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 31
Facilities emitting odors and facilities handling
explosives.
Unit 36
Wireless communications facilities
Unit 38
Mini -storage Units
Unit 39
Auto salvage and junk yards
(C) Density. None.
21
(D) Bulk and area regulations. None.
(E) Setback Regulations.
Front, when adjoining A or R districts
100 feet
Front, when adjoining C, I or P districts
50 feet
Side, when adjoining A or R districts
50 feet
Side, when adjoining C, I or P districts
25 feet
Rear
25feet
(F) Height Regulations. There shall be no maximum height limits in 1-2 Districts, provided, however, that if a
building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall
have an additional setback from any boundary line of an adjacent residential district. The amount of
additional setback for the portion of the building over two (2) stories shall be equal to the difference
between the total height of that portion of the building, and two (2) stories.
(G) Building Area. None.
(Code 1965, App. A., Art. 5(IX); Ord. No. 2351, 6-21-77; Ord. No. 2516, 4-3-79; Ord. No. 1747, 6-29-70;
Code 1991, §160.040; Ord. No. 3971, §2, 5-21-96; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-
99; Ord. No. 4992, 3-06-07; Ord. No. 5028, 6-19-07; Ord. No. 5195, 11-6-08; Ord. No. 5312, 4-20-10; Ord.
No. 5339, 8-3-10; Ord. No. 5353, 9-7-10; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5945, §§5, 7, 1-17-
17; Ord. No. 5982, §1, 6-20-17; Ord. No. 6015, §1(Exh. A), 11-21-17)
22
161.32 District P-1, Institutional
(A) Purpose. The Institutional District is designed to protect and facilitate use of property owned by larger public
institutions and church related organizations.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 46
Short-term rentals
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 26
Multi -family dwellings
Unit 36
Wireless communications facilities
Unit 42
Clean technologies
(C) Density. None.
(D) Bulk and Area Regulations. None.
(E) Setback Regulations.
Front
30 feet
Front, if parking is allowed between the right-of-way
and the building
50 feet
Side
20 feet
Side, when contiguous to a residential district
25 feet
Rear
25 feet
Rear, from center line of public alley
10 feet
(F) Height Regulations. There shall be no maximum height limits in P-1 Districts, provided, however, if a building
exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an
additional setback from any boundary line of an adjacent residential district. The amount of additional
23
setback for the portion of the building over two (2) stories shall be equal to the difference between the total
height of that portion of the building, and two (2) stories.
(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.
(Code 1965, App. A., Art. 5(XI); Ord. No. 2603, 2-19-80; Ord. No. 2621, 4-1-80; Ord. No. 1747, 6-29-70; Code 1991,
§160.042; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5073, 11-06-07; Ord. No. 5195, 11-
6-08; Ord. No. 5312, 4-20-10; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5945, §§5, 7, 1-17-17; Ord. No. 6015,
§1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15-19)
24
as ,7n2 , 479-442.1'Ct , PAX 47?f35 F18 •
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,
and that during said periods and at said dates, said newspaper
was printed and had a bona fide circulation in said County;
that said newspaper had been regularly printed and published
in said County, and had a bona fide circulation therein for the
period of one month before the date of the first publication of
said advertisement; and that said advertisement was published
in the regular daily issues of said newspaper as stated below.
City of Fayetteville
Ord 6521
Was inserted in the Regular Edition on:
January 30, 2022
Publication Charges: $314.64
Brittany Smith
Subscribed and sworn to before me
This) I day of :�r, , 2022.
Cathy Wiles
Benton COUNTY
oozk_ ���Al?Y PUBLIC — A,R�iAI�"SAS
F, ommission Expires 02-20-2024
Notary Public , ' N +, ,, :vo. 12397118
My Commission Expires: LIi'-r;4,
**NOTE** Please do not pay from Affidavit
Invoice will be Sent.
Ordinance:6521
File Number: 2021-1097
AMEND FAYETTEVILLE CODE OF
ORDINANCES: SHORT-TERM
RENTAL DENSITY LIMITS:
AN ORDINANCE TO AMEND
§ 118.01 APPLiCAB➢LITY OF
CHAPTER 118 BUSINESS REGISTRY
AND LICENSES, CHAPTER 151
DEFINITIONS, AND CHAPTER 161
ZONING REGULATIONS OF THE
UNIFIED DEVELOPMENT CODE TO
PERMIT
SHORT-TERM RENTALS iN
ADDITIONAL ZONING DISTRICTS
AND TO INCREASE THE
ALLOWABLE NUMBER OF SHORT-
TERM RENTALS iN ATTACHED
RESIDENTIAL UNITS WHERE
ADEQUATE FiRE PROTECTION IS
PRESENT
WHEREAS, in April of 2021 the City
Council passed Ordinance 6427
adopting operating standards for Short
Term Rentals- and
WHEREAS, staffhas identified
opportunities to broaden the zoning
districts that allow short-term rentals by
right and to revise the density
regulations for attached residential units
that are owned separately
WHEREAS, many older multi -family
buildings in Fayetteville, whether under
single or individual ownership, were not
built with fire protection elements that
arc now standard and staff recommends
that the proposal to allow more Type 2
short -tern rental, within an attached
residential building also include
evaluation by staff for adequate fire
protection.
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF FAYETTEVILLE,
ARKANSAS.
Section l: That the City Council of the
City of Fayetteville, Arkansas hereby
repeals subsection (18)
(a) of §118.01 Applicability of Chapter
118 Business Registry and Licenses, and
enacts a new (18)(a) as follows:
"(a) More Type 2 short-term rentals
than what is allowed by the city-wide
density cap. Type 2
short-term rentals in commercial and
mixed -use zoning districts where
hotel/motels are permitted by right shall
not contribute to the city-wide density
cap."
Section 2: That the City Council of the
City of Fayetteville, Arkansas hereby
amends §1 18.01 Applicability of
Chapter 118 Business Registry and
Licenses, by repealing subsection
(I 8)(d) and enacting a replacement
(18)(d) as follows:
"(d) Where attached residential units are
held separately through condominium
association, horizontal property regime,
fee simple, or similar ownership
structure, no cap shall be applied to
buildings with attached residential
dwellings. Structures of attached
residential dwellings where applicants
seek more than 10%of total units for
licensing as Type 2 rentals shall be
evaluated by the Building Safety Director
and/or Fire Marshal for adequate fire
protection as defined by the adopted i
Arkansas Fire Prevention Code. Where
inadequate fire protection is identified,
improvements may be required prior to
issuance ofa business license."
Section 3: That the City Council of the
City of Fayetteville, Arkansas hereby
amends §151.01
Definitions by enacting a new definition
of"Apartment complex/multi-family
complex" as follows:
"Apartment complex/multi-family
complex. One (1) or more multi -family
dwelling structures occupying a single
lot, operating under a common name, and
having a common owner or manager."
Section 4: That the City Council of the
City of Fayetteville, Arkansas hereby
amends §161.21 District C-1,
Neighborhood Commercial of Chapter
161 Zoning Regulations by adding Use
Unit 46. Short-term rentals to subsection
(B)(1) Permitted Uses.
Section 5: That the City Council of the
City of Fayetteville, Arkansas hereby
amends §161.23 District C-2,
Thoroughfare Commercial of Chapter
161 Zoning Regulations by adding Use
Unit 46,
Short-term rentals to subsection (Bx 1)
Permitted Uses.
Section 6: That the City Council of the
City of Fayetteville,_ Arkansas hereby
amends §161.30 District 1-1, Heavy
Commercial And Light Industrial of
Chapter 161 Zoning Regulations by
adding Use Unit 46, Short -tern rentals
to subsection (B)( i) Permitted Uses.
Section 7: That the City Council of the
City of Fayetteville, Arkansas hereby
amends § 161.31 District 1-2, General
Industrial of Chapter 161 Zoning
Regulations by adding Use Unit 46,
Short-term rentals to subsection (B)(l)
Permitted Uses.
Section 8: That the City Council of the
City of Fayetteville, Arkansas hereby
amends §161.32 District P-I, Institutional
of Chapter 161 Zoning Regulations by
adding Use Unit 46, Short-term rentals to
subsection (Bxl) Permitted Uses.
PASSED and APPROVED on 1/18/2022
Approved:
Lioneld Jordan, Mayor
Attest:
Kara Paxton, City Clerk Treasurer
Paid for byThe City Clerk -Treasurer of
the City of Fayetteville, AR. Amount
paid: S314.64.
75511935 Jan 30, 2022