Fayetteville Zoning for Bars, Taverns, and Nightclubs
In the City of Fayetteville, bars, taverns, and nightclubs are primarily regulated under Use Unit 14 (Hotel, Motel, and Amusement Facilities) and Use Unit 29 (Dance Halls). These establishments are generally permitted by right in high-intensity commercial and industrial districts such as C-2, UT, and I-1, while those providing dance areas (Use Unit 29) typically require a Conditional Use Permit in almost all applicable zones. Notably, the City of Fayetteville does not require a minimum number of parking spaces for non-residential uses [Section 172.05(A)].
Classification of Establishments
The Fayetteville Unified Development Code (UDC) categorizes drinking and entertainment venues based on their primary activities and potential impacts on surrounding areas.
Use Unit 14: Hotel, Motel, and Amusement Facilities
This unit includes establishments that provide lodging or entertainment but do not necessarily include dancing or outdoor music.
- Included Uses: Night clubs (not providing dancing or outdoor music) and Taverns (not providing dancing or outdoor music) [Section 162.01(O)].
- Short-Term Rentals: Use Unit 46 (Short-term rentals) is also permitted within this use unit [Section 162.01(O)].
Use Unit 29: Dance Halls
This unit applies to establishments that provide areas for dancing, which are recognized as having higher potential for noise and neighborhood impact.
- Included Uses: Bars providing area for dancing, Dance halls, and Taverns providing area for dancing [Section 162.01(DD)].
Permitted and Conditional Zoning Districts
The following table outlines the districts within the City of Fayetteville where these uses are either permitted by right (P) or allowed by Conditional Use Permit (C).
| Zoning District | Use Unit 14 (Taverns/Nightclubs) | Use Unit 29 (Dance Halls/Bars with Dancing) |
|---|---|---|
| CS (Community Services) | C | C |
| C-2 (Thoroughfare Commercial) | P | C |
| C-3 (Central Commercial) | P | C |
| UN (Urban Neighborhood) | P | C |
| UC (Urban Corridor) | P | C |
| UT (Urban Thoroughfare) | P | C |
| DC (Downtown Core) | P | C |
| MSC (Main Street Center) | P | C |
| DG (Downtown General) | P | C |
| I-1 (Heavy Commercial/Light Industrial) | P | Not Listed |
| I-2 (General Industrial) | P | Not Listed |
Establishments designated as Use Unit 33 (Adult Live Entertainment Club or Bar) are permitted by right in the C-2 Thoroughfare Commercial district [Section 161.23(B)].
Technical and Development Standards
Non-Residential Parking Requirements
Fayetteville utilizes a unique approach to non-residential parking to encourage urban development and flexibility.
| Standard | Requirement |
|---|---|
| Minimum Parking Spaces | None (No minimum number required) [Section 172.05(A)] |
| Maximum Parking Spaces | Limited to ratios in Table 3 [Section 172.05(A)] |
| Bicycle Parking | 1 rack per 20 automobile spaces [Section 172.10(C)] |
Building and Setback Standards
Commercial structures must adhere to specific setbacks and height limits, which vary significantly if the development follows "Urban Form" (traditional street-facing design).
| District Feature | C-2 District | C-3 District |
|---|---|---|
| Front Setback | 15 feet | 5 feet (CBD) / 25 feet (Shopping Center) |
| Side Setback | None | None |
| Rear Setback | 20 feet | 15 feet (CBD) / 25 feet (Shopping Center) |
| Max Height | 6 stories* | 5 stories / 7 stories* |
*Note: Height limits may be increased or decreased based on the specific "Urban Form" regulations and proximity to residential districts [Section 161.23; 161.25].
Conditional Use Requirements for Dance Halls
Because Dance Halls (Use Unit 29) are almost exclusively conditional uses, the Fayetteville Planning Commission must make specific findings before approval:
- Site Plan: A detailed plan showing property lines, structures, driveways, and parking must be filed [Section 163.06(A)].
- Fire and Safety: The building must be inspected and approved by the Fire Marshal and building inspector for compliance with the Arkansas State Fire Code [Section 163.06(B)].
- Public Interest: The commission must find that the use will not adversely affect the public interest and that satisfactory provisions for ingress, egress, and off-street parking are made [Section 163.02(C)].
Sections Cited
- Chapter 161: Zoning Regulations
- Section 161.23: District C-2, Thoroughfare Commercial
- Section 161.25: District C-3, Central Commercial
- Section 162.01: Establishment/Listing (Use Units)
- Section 163.02: Authority; Conditions, Procedures (Conditional Uses)
- Section 163.06: Dance Halls
- Section 172.05: Standards For The Number Of Spaces By Use
- Section 172.10: Bicycle Parking Rack Requirements