Ordinance Review Committee — Fayetteville, AR
Date: 2026-03-18
Time: 15:30

Ordinance Review Committee Meeting
 March 18, 2026; 3:30 PM
 Jordan Annex

 Committee Chair: Council Member Berna
Committee Members: Council Member Jones, Council Member Wiederkehr, Council Member Turk
 Staﬀ: City Attorney Kit Williams, Senior Assistant City Attorney Blake Pennington,
 Assistant City Attorney Hannah Hungate



1. Call to Order

2. Approval of Minutes from February 23, 2026

3. Unfinished Business

 • None

4. New Business

 • Potential Changes to Water and Wastewater Damage Claim
 Ordinance

5. Announcements

6. Adjourn
 MINUTES
 Ordinance Review Committee Meeting
 Monday, February 23, 2026
 City Hall Room 101

1. The Ordinance Review Committee met in person in City Hall Room 101. Council
 Members Berna, Wiederkehr, and Turk were present.

2. New Business:

 Election of New Chair
 Councilmember Wiederkehr moved to elect Scott Berna as Chair of the Ordinance Review
 Committee for 2026. Councilmember Turk seconded. The motion passed 3-0.

 Approval of Minutes
 Councilmember Turk moved to approve the Ordinance Review Committee meeting
 minutes from August 18, 2025, September 23, 2025, and November 19, 2025. Council
 member Wiederkehr seconded the motion. The motion passed 3-0.

 Clarification of STR Cap
 Jonathan Curth gave a presentation regarding the City’s short-term rental (STR) cap.
 Fayetteville City Code §118.01 states that there is a city-wide Type 2 STR cap of 475 and
 that a conditional use permit (CUP) may not permit more Type 2 STRs than allowed by
 the density cap. Fayetteville City Code § 164.26(A) then notes that Type 2 STRs in mixed
 use zoning districts which are not in multi-family dwellings do not apply to the cap.

 Jonathan explained that where Type 2 STRs in single, 2-, 3- and 4-family dwellings do not
 contribute to the cap include C-2, C-3, UT, UC, MSC, DC. This accounts for
 approximately 25 STRs. This is how the Planning Department has interpreted the cap.

 Councilmember Wiederkehr asked if the density metrics apply to Type 2 STRs in these
 districts. Jonathan confirmed that they do and that there are Type 2 STR density standards
 for 2-, 3-, 4-family and multifamily structures. Councilmember Turk asked if she applied
 for a Type 2 STR in a single-family home in DG zoning if it would count towards the 475
 cap. Jonathan answered that it would not but that it would still have to be under the 4%-
 in-500-feet metric and could not be within 100 feet of another. Jonathan later made a
 correction that the DG zoning district is not among those exempting Type 2 STRs from
 contributing to the cap.

 Chair Berna expressed concern about dwellings on College Ave. in the UC-zoning district.
 Jonathan responded that if it was a conventional apartment, they would not be permitted to
 rent every unit as an STR, but if it was a condominium association, they could theoretically
 rent out each unit in the building as an STR.
 Councilmember Turk asked if those on the waitlist are grandfathered in regarding
 frequency and concentration. Jonathan answered that the City does not require any fee to
 be on the waitlist. Individuals just add their name and wait to see if a license opens up.
 Because they don’t have a license or CUP in place when the regulations changed, they
 don’t have any sort of interest.

 Chair Berna asked how they felt about STRs in UT. Jonathan answered that, from his
 perspective, it was still too soon to tell. At this point it is not a problem, and UC only
 allows single-family homes as a conditional use, so that may reduce the potential for STRs
 in the district.

 The Committee proposed the following language for a future Code revision:

 Amendment to Fayetteville City Code § 118.01(16):
 “Except as identified in § 164.26(A), a city-wide density cap of four
 hundred seventy-five (475) dwelling units may be Type 2 short-term
 rentals.”

 City Attorney Kit Williams explained that the Planning Department’s current interpretation
 is correct and that no further amendment is necessary to clarify it. However, one may be
 done simply for future clarification. The Committee elected to wait and see if any other
 issues pop up that require clarification in the Code before taking the proposed change to
 City Council.

3. There being no other business for the Committee to consider, Chair Berna adjourned the
 meeting at 4:58 p.m.




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