Hillside/Hilltop Overlay District Regulations in Fayetteville
The Hillside/Hilltop Overlay District (HHOD) in the City of Fayetteville supercedes base zoning district standards to protect lands with slopes generally exceeding 15%. This overlay mandates a 5% increase in minimum tree canopy requirements for residential and C-1 districts and requires all foundation plans for structures to be designed and sealed by a professional architect or engineer. Furthermore, building height within the Hillside/Hilltop Overlay District must be measured from the lowest point of the structure at the historic grade prior to any development.
Purpose and Scope of the Overlay
The City of Fayetteville established the Hillside/Hilltop Overlay District to manage development on terrain with significant elevation changes. These regulations are designed to minimize erosion, prevent landslides, and preserve the specific scenic character and environmental resources associated with the city's sloped areas [Section 151.01]. Per the Fayetteville Unified Development Code, the requirements of this overlay district take precedence over the standards of the underlying base zoning district [Section 151.01].
Modified Development Standards
The Hillside/Hilltop Overlay District modifies several core technical standards, including how height is measured and the minimum requirements for lot dimensions and tree preservation.
Building Height and Measurement
In the Hillside/Hilltop Overlay District, the method for determining building height differs from standard districts. Height must be measured from the lowest point of the structure at the historic grade (the natural grade of the land prior to any development) to the highest point of the structure [Section 151.01]. If a structure is placed on a graded pad, the height continues to be measured from that original historic grade rather than the new finished grade [Section 151.01].
Tree Canopy and Land Disturbance
The City of Fayetteville imposes more stringent environmental protections in the Hillside/Hilltop Overlay District to ensure soil stability.
| Category | Base District Requirement | HHOD Requirement |
|---|---|---|
| Minimum Tree Canopy | 20% to 25% (depending on zone) | Base + 5% (Total 25% or 30%) |
| Land Disturbance | Varies by project size | Limited to canopy requirement % |
For all residential and C-1 zoning districts within the Hillside/Hilltop Overlay District, the percent minimum canopy requirement is increased by 5% over the base standards established in Table 1 of the code [Section 167.04(C)]. Additionally, the allowed percentage of land disturbance within the overlay must be equal to the required minimum canopy percentage for that specific site [Section 169.06(G)].
Lot and Bulk Requirements (RSF-4 Example)
The overlay specifically adjusts the minimum lot widths and areas for several residential districts. The following table illustrates the modifications for the RSF-4 district:
| Standard | RSF-4 Base (Single-Family) | RSF-4 HHOD (Single-Family) |
|---|---|---|
| Lot Minimum Width | 70 feet | 60 feet |
| Lot Area Minimum | 8,000 square feet | 8,000 square feet |
| Land Area per Dwelling | 8,000 square feet | 8,000 square feet |
For two-family dwellings in the RSF-4 HHOD, the minimum lot width is 70 feet [Section 161.07(D)].
Administrative and Engineering Requirements
Because of the risks associated with steep-slope construction, the City of Fayetteville requires additional professional oversight for projects in the Hillside/Hilltop Overlay District.
- Professional Certification: Builders of single-family residences, duplexes, or other structures not located within a preliminary plat must have their foundation plans designed, approved, and sealed by an Arkansas-registered professional engineer or architect [Section 173.02(B)(2)(b)].
- Grading Review: While the Fayetteville UDC provides several exemptions for grading permits based on the size of the disturbed area, these exemptions generally do not apply within the Hillside/Hilltop Overlay District. Any parcel divided by the overlay boundary is subject to grading review for the portion of the land lying within the district [Section 169.03(A)(1)].
- Mandatory Plat Notes: Final plats for land in the overlay must include a specific note informing future owners that foundation plans must be professionally designed and that a residential grading permit is required prior to obtaining a building permit [Section 169.08(B)].
Sections Cited
- Section 151.01 - Definitions
- Section 161.07 - District RSF-4, Residential Single-Family — Four (4) Units Per Acre
- Section 167.04 - Tree Preservation And Protection During Development
- Section 169.03 - Review And/Or Permits Required; Exceptions
- Section 169.06 - Land Alteration Requirements
- Section 169.08 - Grading Plan Submittal
- Section 173.02 - Fire Prevention Code/Building Code