HomeMy WebLinkAboutOrdinance 6870113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6870
File Number: 2025-539
ADD FLEXIBILITY TO ACCESSORY DWELLING UNITS REGULATIONS TO PROMOTE HOUSING
OPPORTUNITIES (AMEND CH. 164 & 171):
AN ORDINANCE TO AMEND SECTIONS 164.19 ACCESSORY DWELLING UNITS AND 171.13 PROPERTY
OWNER TO CONSTRUCT SIDEWALK OR CONTRIBUTE COST OF SIDEWALK OF THE UNIFIED
DEVELOPMENT CODE TO ADD FLEXIBILITY TO THE REGULATIONS FOR ACCESSORY DWELLING
UNITS
WHEREAS, in conjunction with members of Fayetteville's Planning Commission, the Housing Crisis Task Force, and
the development community, an interdivisional group of staff identified three sections of the UDC where amendments
may improve the availability and diversity of housing in Fayetteville including regulations on dwelling units; and
WHEREAS, proposed amendments to this section are intended to respond to recent state legislation and common
challenges related to ADU construction, address general formatting issues, and increase flexibility for property owners.
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 § 164.19 Accessory Dwelling
Units and enacts a replacement § 164.19 as described in Exhibit A attached hereto and made a part hereof.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby enacts a new subsection (C) in § 171.13
as follows:
"(C) Exceptions. Sidewalk construction is not required for accessory dwelling units; however reconstruction or
repairs resulting from the construction of the accessory dwelling unit may be required."
Page 1
Ordinance: 6870
File Number: 2025-539
PASSED and APPROVED on May 6, 2025
Approved:
Molly Rawn, Mayor
Attest:
FgYETTEV�LLE,A�
:s�:gA'ANSP5,2L'
Kara Paxton, City Clerk Treasurer
This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville,
Arkansas. Amount Paid: $142.88
Page 2
164.19 Accessory Dwelling Units (ADU)
(A) Purpose. Accessory dwelling units are allowed in certain situations to:
• Create new housing units while respecting the character and pattern of small scale traditional town
form;
• Increase the housing stock of existing neighborhoods in a manner that is compatible with established
massing, scale, and development patterns;
• Allow more efficient use of existing housing stock and infrastructure;
• Provide a means for residents, particularly seniors, single parents, and families with grown children, to
remain in their homes and neighborhoods, and obtain extra income, security, companionship and
services; and
• Provide a broader range of accessible and more attainable housing.
(B) Intent. Planning staff shall evaluate the following criteria for the review and approval of an accessory
dwelling unit application:
(1) ;hg;The property shall have infrastructure (water, sewer, gas, electric, etc.) that meets City standards to
serve the accessory dwelling unit.
(2) A two (2) story accessory dwelling unit shall limit the major access stairs, decks, entry doors, and major
windows to the walls facing the principal dwelling, or to the alley if applicable. Windows that impact
the privacy of the neighboring side or rear yard shall be minimized.
(3) The orientation and location of buildings, structures, open spaces and other features of the site should
protect and maintain natural resources including significant trees and shrubs to the extent feasible and
minimize alteration of natural land forms. Building profiles, location and orientation should relate to
natural land forms.
(C) Administrative Design Review and Approval. All accessory dwelling units shall meet the following standards
for administrative approval by the Zoning and Development Administrator. Prior to approval of an accessory
dwelling unit, the Zoning and Development Administrator shall find that:
(1) Maximum Square Feet. The accessory dwelling unit(s) shall not be greater than 1,200 square feet of
habitable space per lot.
(2) Zoning. The accessory dwelling unit shall comply with all underlying zoning requirements including but
not limited to building height, building area, bulk and area, and setbacks with the exception of density
limits.
(3) Parking. Additional parking is not required to accommodate an accessory dwelling unit.
(4) Maximum Number of Accessory Dwelling Units per Lot. A maximum of two (2) accessory dwelling units
are permitted provided the combined square footage does not exceed 1,200 square feet. Accessory
dwellings may be interior, attached, or detached from the primary dwelling, or attached to each other.
(5) Other Code Requirements. The accessory dwelling unit shall comply with the requirements of the
Arkansas Fire Prevention Code as adopted in Section 173.02 of the Unified Development Code.
(6) Maximum Occupancy of the Accessory Dwelling Unit. A maximum of one (1) family shall be permitted
to reside in an accessory dwelling unit.
(D) Planning Commission Approval. An applicant may request approval from the Planning Commission of a
variance to the requirements for size (square feet) and height, where unique circumstances exist and the
(Supp. No. 36)
Created: 2025-03-27 11:36:17 [EST]
Page 1 of 2
effect will not adversely affect adjoining or neighboring property owners. The applicant shall provide
notification to adjacent property owners prior to the date of the meeting.
(Ord. No. 6076, §1, 8-7-18; Ord. No. 6520, §§3, 4, 1-18-22)
Editor's note(s)—Ord. No. 6076, §1, adopted Aug. 7, 2018, repealed the former §164.19, and enacted a new
§164.19 as set out herein. The former §164.19 pertained to similar subject matter and derived from Ord. No.
5128, adopted April 15, 2008; Ord. No. 5866, §2, adopted April 5, 2016.
(Supp. No. 36)
Created: 2025-03-27 11:36:17 [EST]
Page 2 of 2
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF MAY 6, 2025
CITY COUNCIL MEMO
2025-539
TO: Mayor Rawn and City Council
THRU: Keith Macedo, Interim Chief of Staff
FROM: Jonathan Curth, Development Services Director
SUBJECT: Administrative Item (Amend Chapters 164 and 171 of the Unified Development
Code): Submitted by CITY STAFF. The proposed code change modifies accessory
dwelling unit standards to promote housing opportunities.
RECOMMENDATION:
City staff recommend approval of a amendment to Chapters 164 and 171 of the Unified Development Code
(UDC) as described in Exhibit `A'.
BACKGROUND:
In ongoing efforts to address housing needs in Fayetteville, it is increasingly apparent that the obstacles to
affordability are expansive. These range widely, including national financing structures and international supply
lines down to the availability of local labor and various layers of regulation. While the City of Fayetteville's
ability to impact larger market forces is limited, the potential to effect change by amending local development
standards is as broad as the number of ordinances impacting residential construction. Accordingly, it is
necessary to continually evaluate and reevaluate the development code for changing market conditions,
shifting community needs, and even changes in technology.
DISCUSSION:
In conjunction with members of Fayetteville's Planning Commission, the Housing Crisis Task Force, and the
development community, an interdivisional group of staff identified three sections of the UDC where
amendments may improve the availability and diversity of housing in Fayetteville. These include modular
construction, accessory dwelling units, and lot frontage, with this ordinance focusing on accessory dwellings:
Accessory Dwelling Units (ADUs): Amendments to this section are intended to respond to recent
state legislation and common challenges related to ADU construction, address general copyediting and
formatting, and increase flexibility. The most impactful changes relate to the location of ADUs. Currently
one attached and one detached ADU are permitted, and a change is proposed to allow ADUs to be
located on the interior of the primary dwelling, attached to or detached from the primary dwelling, or
attached to each other (ADU duplex). This increased flexibility has been frequently requested from
property owners and builders frequently. Other changes remove ADU specific parking standards,
formalize the exemption of ADUs from sidewalk construction requirements, and align ADU height limits
with the underlying zoning district.
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Additional initiatives that do not require an ordinance are underway to address Fayetteville's housing needs,
with two of the most prominent having the potential to reduce permitting and construction times:
Same -Day Inspections: Currently, when an inspection is requested of the Building Safety Department,
they are scheduled for the following day with the exception of emergencies or other urgent cases. While
this appears to meet the needs of many customers, requests for same -day inspections are common
enough to merit formalizing the service. As a pilot, Building Safety will offer limited numbers of same
day inspections on a first-come/first -served basis. If this offering does not compromise inspection
responsiveness, the pilot will be reevaluated for possible expansion and afford permit -holders the
opportunity to advance construction more rapidly.
Over -the -Counter Permitting/Same-Day Permitting: While gains have been made in improving
review times for certain classes of building permit, additional opportunities exist. Most prominent of
these is the potential to offer "over-the-counter" or "same day" permits, meaning applications may be
submitted and approved within the same day or possibly hour. At least initially, this will come with some
limitations, including that the permit does not require review from other departments or divisions, that
the assigned reviewer is qualified to complete the review independently, and that the application is
complete. Initially this offering is likely limited to building permits under the residential building code,
such as single-family dwellings and accessory structures. Despite this apparent limitation, with 559
single-family building permits issued in 2024, the potential time savings for even a portion of these is
significant.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: SRF (#3) , Exhibit A (#4), Strikethrough - Redlines (#5)
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Legislation Text
File #: 2025-539
ADD FLEXIBILITY TO ACCESSORY DWELLING UNITS REGULATIONS TO PROMOTE
HOUSING OPPORTUNITIES (AMEND CH. 164 & 171):
AN ORDINANCE TO AMEND SECTIONS 164.19 ACCESSORY DWELLING UNITS AND 171.13
PROPERTY OWNER TO CONSTRUCT SIDEWALK OR CONTRIBUTE COST OF SIDEWALK OF
THE UNIFIED DEVELOPMENT CODE TO ADD FLEXIBILITY TO THE REGULATIONS FOR
ACCESSORY DWELLING UNITS
WHEREAS, in conjunction with members of Fayetteville's Planning Commission, the Housing Crisis
Task Force, and the development community, an interdivisional group of staff identified three sections
of the UDC where amendments may improve the availability and diversity of housing in Fayetteville
including regulations on dwelling units; and
WHEREAS, proposed amendments to this section are intended to respond to recent state legislation and
common challenges related to ADU construction, address general formatting issues, and increase
flexibility for property owners.
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 §
164.19 Accessory Dwelling Units and enacts a replacement § 164.19 as described in Exhibit A attached
hereto and made a part hereof.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby enacts a new subsection
(C) in § 171.13 as follows:
"(C) Exceptions. Sidewalk construction is not required for accessory dwelling units; however
reconstruction or repairs resulting from the construction of the accessory dwelling unit may be
required."
Page 1
Willa Thomason
Submitted By
City of Fayetteville Staff Review Form
2025-539
Item ID
5/6/2025
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
4/18/2025 DEVELOPMENT REVIEW (630)
Submitted Date Division / Department
Action Recommendation:
Administrative Item (Amend Chapters 164 and 171 of the Unified Development Code): Submitted by CITY STAFF.
The proposed code change modifies accessory dwelling unit standards to promote housing opportunities.
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? No Total Amended Budget $ -
Expenses (Actual+Encum) $ -
Available Budget
Does item have a direct cost? No Item Cost
Is a Budget Adjustment attached? No Budget Adjustment $ -
Remaining Budget
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
171.13 Property Owner To Construct Sidewalk Or Contribute Cost Of Sidewalk
(A) Requirement. The owner of any property abutting a public street or highway for which a sidewalk is required
by the city's Master Street Plan shall construct a sidewalk in accordance with this chapter, along said street
or highway upon the receipt of notice issued at the time a building permit is issued.
(1) The property owner shall construct the sidewalk in accordance with the specifications provided in the
Minimum Street Standards.
(2) The property owner may request a variance to §171.13(A)(1) requiring sidewalk construction. The City
Engineer shall review the following factors to determine whether or not to grant the variance to allow
payment of a fee in lieu of sidewalk construction:
(a) Pedestrian traffic generators such as parks and schools in the area.
(b) The existence of a sidewalk network in the area.
(c) The density of current and future development in the area.
(d) The amount of pedestrian traffic likely to be generated by the proposed development.
(e) Whether the terrain is such that a sidewalk is physically practical and feasible, and the extent to
which trees, ground cover and natural areas would be adversely impacted by the construction of
the sidewalk.
(f) The overall need for a sidewalk to be constructed on the lot.
(3) A project being constructed pursuant to §166.28 Permit -Ready Building Design Program shall have the
option to pay a fee in lieu of constructing the sidewalk without receiving a variance.
(4) If the City Engineer grants the variance, the owner shall have an option to construct the sidewalk, or to
contribute money in lieu of construction as set forth below:
(a) The amount of money in lieu of construction to be dedicated shall be determined based upon the
rough proportionality of the impact of the development upon the sidewalk infrastructure needs
near the development including consideration of the persons served by the development and
approximate pedestrian trip generation rates of the development.
(b) Unless the developer presents evidence that the number of persons served by the development
and the pedestrian trip generation rates of the development justify a reduced contribution in lieu
of the construction of sidewalks, all developments shall make a cash contribution in lieu of the
construction of the sidewalk in an amount established by the City Engineer and based on current
construction costs, as determined by a yearly bid for construction, Arkansas Department of
Transportation published weighted averages, or similar data.
(c) Contribution in lieu of construction of sidewalks shall be paid or construction of the sidewalks
shall be completed before receiving final plat approval, or issuance of a certificate of occupancy.
(d) Contributions must be expended within seven (7) years to build a sidewalk close enough to serve
the project being constructed.
(e) If the owner voluntarily consents in writing, the contributions may be used to construct sidewalk
projects where most needed as determined by the City Engineer.
(5) An owner/builder may appeal the City Engineer's refusal to grant a variance or the administrator's
determination of the amount of contribution in lieu of construction to the Planning Commission
pursuant to §155.06(D).
(B) Application of Provisions. The provisions of this section shall only apply to the following property:
(Supp. No. 36)
Created: 2025-03-27 11:36:19 [EST]
Page 1 of 2
(1) New Structure. On which a new structure is being built.
(2) Existing Residential Structure. On which an existing residential structure is being modified so as to
increase the number of dwelling units located therein or to change the use of the nonresidential use.
(3) Parking Lot/Garage. On which a parking lot, or parking garage having a minimum capacity of five (5)
automobiles is constructed.
(4) Building Additions. Additions of 2,500 square feet or larger.
(5) Conditional Use. Any development which requires conditional use approval.
(C) Exceptions. Sidewalk construction is not required for accessory dwelling units, however reconstruction or
repairs resulting from the construction of the accessory dwelling unit may be required.
(Code 1965, §18-31; Ord. No. 2653, 8-5-80; Ord. No. 2780, 11-17-81; Ord. No. 2917, 5-3-83; Ord. No. 3113, 9-3-85;
Code 1991, §98.66; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4311, 5-1-01; Ord. No. 4387, 4-16-02; Ord. No.
5789, Repealed & Replaced Chp. 171, 8-4-15; Ord. No. 6350, §7(Exh. F), 8-18-20; Ord. No. 6724, §1(Exh. A), 3-19-
24)
(Supp. No. 36)
Created: 2025-03-27 11:36:19 [EST]
Page 2 of 2
164.19 Accessory Dwelling Units (ADU)
(A) Purpose. Accessory dwelling units are allowed in certain situations to:
• Create new housing units while respecting the character and pattern of small scale traditional town
form;
• Increase the housing stock of existing neighborhoods in a manner that is compatible with established
massing, scale, and development patterns;
• Allow more efficient use of existing housing stock and infrastructure;
• Provide a means for residents, particularly seniors, single parents, and families with grown children, to
remain in their homes and neighborhoods, and obtain extra income, security, companionship and
services; and
• Provide a broader range of accessible and more attainable housing.
(B) Intent. Planning staff shall evaluate the following criteria for the review and approval of an accessory
dwelling unit application:
_jQ--(1) ;hg;The property shall have infrastructure (water, sewer, gas, electric, etc.) that meets City standards to
serve the accessory dwelling unit.
(2) A two (2) story accessory dwelling unit shall limit the major access stairs, decks, entry doors, and major
windows to the walls facing the principal dwelling, or to the alley if applicable. Windows that impact
the privacy of the neighboring side or rear yard shall be minimized.
(3) The orientation and location of buildings, structures, open spaces and other features of the site should
protect and maintain natural resources including significant trees and shrubs to the extent feasible and
minimize alteration of natural land forms. Building profiles, location and orientation should relate to
natural land forms.
(DC) Administrative Design Review and Approval. All accessory dwelling units shall meet the following standards
for administrative approval by the Zoning and Development Administrator. Prior to approval of an accessory
dwelling unit, the Zoning and Development Administrator shall find that:
(1) Maximum Square Feet. The accessory dwelling unit(s) shall not be greater than 1,200 square feet of
habitable space per lot.
(2) Zoning. The accessory dwelling unit shall comply with all underlying zoning requirements including but
not limited to building height, building area, bulk and area, and setbacks with the exception of density
limits.
(3) Parking. FeF aecesseFy dwelling unit(s) with individual er habitable spaGe gFeateF than
squaFe feet, ene (1) parking spaee shall be laFevided en site. Required paFking feF the aeeeSSeFy
dwelling unit is in additien te the reqUiFed P@F'(*Rg feF the pFincipal dwelling unit. On street PaFI(iRg
may be counted towaFdS the total parking reqUiFement where it us allowed in the public right of way
adjacent to the subject prop +., Additional parking is not required to accommodate an accessory
dwelling unit.
(4) Maximum Number of Accessory Dwelling Units per Lot. A maximum of two (2) accessory dwelling units
are permitted ^ e (I) detached and ^ e (`-aaached ^ int^r;^r aecessery dwelling unit provided the
combined square footage does not exceed 1,200 square feet. Accessory dwellings may be interior,
attached, or detached from the primary dwelling, or attached to each other.
(5) Other Code Requirements. The accessory dwelling unit shall comply with the requirements of the
Arkansas Fire Prevention Code as adopted in Section 173.02 of the Unified Development Code.
(Supp. No. 36)
Created: 2025-03-27 11:36:17 [EST]
Page 1 of 2
(6) Maximum Occupancy of the Accessory Dwelling Unit. A maximum of twe r" peFSOnFione (1) family shall
be permitted to reside in an accessory dwelling unit. If two (2) acceSSeFy .Dwelling unit—.-a-re n the
let, enly twe (2) additional pp-.r,-;R-.r;r- tetal fR-.r the let shall he peFFnitted to eccupy these unit-s unle-sr. A -Re
g thepr'rnaFyhe
(7) �%miRg Height Gncarst$ricf
(a) A detached aeeessery dwelling unit shall be a maximum ef two (2) steries.
(b) An attaehed accessery dwelling unit may eGGupy a basement, first er-ser-e-nd- --;tn-.ry ef a prineipal
dwelling unit.
(D€) Planning Commission Approval. An applicant may request approval from the Planning Commission of a
variance to the number of .Jetar-.h-Pd ., .Jwel!*Rgs , a let t , a maximum of two (2) and the
requirements for size (square feet) and, -_height, and rnateFials for an -,,.,.,,ssory .Dwelling „nit, where unique
circumstances exist and the effect will not adversely affect adjoining or neighboring property owners. The
applicant shall provide notification to adjacent property owners prior to the date of the meeting.
(Ord. No. 6076, §1, 8-7-18; Ord. No. 6520, §§3, 4, 1-18-22)
Editor's note(s)—Ord. No. 6076, §1, adopted Aug. 7, 2018, repealed the former §164.19, and enacted a new
§164.19 as set out herein. The former §164.19 pertained to similar subject matter and derived from Ord. No.
5128, adopted April 15, 2008; Ord. No. 5866, §2, adopted April 5, 2016.
(Supp. No. 36)
Created: 2025-03-27 11:36:17 [EST]
Page 2 of 2
171.13 Property Owner To Construct Sidewalk Or Contribute Cost Of Sidewalk
(A) Requirement. The owner of any property abutting a public street or highway for which a sidewalk is required
by the city's Master Street Plan shall construct a sidewalk in accordance with this chapter, along said street
or highway upon the receipt of notice issued at the time a building permit is issued.
(1) The property owner shall construct the sidewalk in accordance with the specifications provided in the
Minimum Street Standards.
(2) The property owner may request a variance to §171.13(A)(1) requiring sidewalk construction. The City
Engineer shall review the following factors to determine whether or not to grant the variance to allow
payment of a fee in lieu of sidewalk construction:
(a) Pedestrian traffic generators such as parks and schools in the area.
(b) The existence of a sidewalk network in the area.
(c) The density of current and future development in the area.
(d) The amount of pedestrian traffic likely to be generated by the proposed development.
(e) Whether the terrain is such that a sidewalk is physically practical and feasible, and the extent to
which trees, ground cover and natural areas would be adversely impacted by the construction of
the sidewalk.
(f) The overall need for a sidewalk to be constructed on the lot.
(3) A project being constructed pursuant to §166.28 Permit -Ready Building Design Program shall have the
option to pay a fee in lieu of constructing the sidewalk without receiving a variance.
(4) If the City Engineer grants the variance, the owner shall have an option to construct the sidewalk, or to
contribute money in lieu of construction as set forth below:
(a) The amount of money in lieu of construction to be dedicated shall be determined based upon the
rough proportionality of the impact of the development upon the sidewalk infrastructure needs
near the development including consideration of the persons served by the development and
approximate pedestrian trip generation rates of the development.
(b) Unless the developer presents evidence that the number of persons served by the development
and the pedestrian trip generation rates of the development justify a reduced contribution in lieu
of the construction of sidewalks, all developments shall make a cash contribution in lieu of the
construction of the sidewalk in an amount established by the City Engineer and based on current
construction costs, as determined by a yearly bid for construction, Arkansas Department of
Transportation published weighted averages, or similar data.
(c) Contribution in lieu of construction of sidewalks shall be paid or construction of the sidewalks
shall be completed before receiving final plat approval, or issuance of a certificate of occupancy.
(d) Contributions must be expended within seven (7) years to build a sidewalk close enough to serve
the project being constructed.
(e) If the owner voluntarily consents in writing, the contributions may be used to construct sidewalk
projects where most needed as determined by the City Engineer.
(5) An owner/builder may appeal the City Engineer's refusal to grant a variance or the administrator's
determination of the amount of contribution in lieu of construction to the Planning Commission
pursuant to §155.06(D).
(B) Application of Provisions. The provisions of this section shall only apply to the following property:
(Supp. No. 36)
Created: 2025-03-27 11:36:19 [EST]
Page 1 of 2
(1) New Structure. On which a new structure is being built.
(2) Existing Residential Structure. On which an existing residential structure is being modified so as to
increase the number of dwelling units located therein or to change the use of the nonresidential use.
(3) Parking Lot/Garage. On which a parking lot, or parking garage having a minimum capacity of five (5)
automobiles is constructed.
(4) Building Additions. Additions of 2,500 square feet or larger.
(5) Conditional Use. Any development which requires conditional use approval.
(C) Exceptions. Sidewalk construction is not required for accessory dwelling units, however reconstruction or
repairs resulting from the construction of the accessory dwelling unit may be required.
(Code 1965, §18-31; Ord. No. 2653, 8-5-80; Ord. No. 2780, 11-17-81; Ord. No. 2917, 5-3-83; Ord. No. 3113, 9-3-85;
Code 1991, §98.66; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4311, 5-1-01; Ord. No. 4387, 4-16-02; Ord. No.
5789, Repealed & Replaced Chp. 171, 8-4-15; Ord. No. 6350, §7(Exh. F), 8-18-20; Ord. No. 6724, §1(Exh. A), 3-19-
24)
(Supp. No. 36)
Created: 2025-03-27 11:36:19 [EST]
Page 2 of 2
Form v1.55
NV\ R ECEIVE
05/12/2025
Ine d C'TY OF FAYETTEV LLE
CITY CLERK'S OFFICE
Account#: NWCL5004205
Company: CITY OF FAYETTEVILLE-CLERKS OFFI
113 W MOUNTAIN
FAYETTEVILLE, AR 72701
Ad number#: 506857
PO#:
Matter of: ORD 6870
AFFIDAVIT•STATE OF ARKANSAS
1. Maria Hernandez-Lopez do solemnly swear that I am the Legal Clerk of the NWA Democrat Gazette,a daily
newspaper printed and published in WASHINGTON/BENTON county,State of ARKANSAS;that I was so related to
this publication at and during the publication of the annexed legal advertisement in the matter of:
ORD 6870
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.
And that there is due or has been paid the NWA Democrat Gazette for publication the sum of$142.88.
(Includes$0.00 Affidavit Charge).
NWA Democrat Gazette 05/11/25;NWA nwaonline.com 05/11/25
3
Legal Clerk
State of ARKANSAS,County of Sebastian \ � ;"
Subscribed and sworn to before me on this 12th day of May, 2025 =« := ,::v•4
n
ARY PUBLIC
Ordinance:6870
File Number: 2025-539
ADD FLEXIBILITY TO ACCES-
SORY DWELLING UNITS REGU-
LATIONS TO PROMOTE HOUSING
OPPORTUNITIES (AMEND CH.
164&171):
AN ORDINANCE TO AMEND
SECTIONS 164.19 ACCESSORY
DWELLING UNITS AND 171.13
PROPERTY OWNER TO CON-
STRUCT SIDEWALK OR CON-
TRIBUTE COST OF SIDEWALK OF
THE UNIFIED DEVELOPMENT
CODE TO ADD FLEXIBILITY TO
THE REGULATIONS FOR ACCES-
SORY DWELLING UNITS
WHEREAS, in conjunction
with members of Fayetteville's
Planning Commission, the
Housing Crisis Task Force,and
the development community,an
interdivisional group of staff
identified three sections of the
UDC where amendments may
improve the availability and di-
versity of housing in Fayetteville
including regulations on
dwelling units;and
WHEREAS.proposed amend-
ments to this section are in-
tended to respond to recent
state legislation and common
challenges related to ADU con-
struction,address general for-
matting issues, and increase
flexibility for property owners.
NOW,THEREFORE,BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF FAYETTEVILLE.
ARKANSAS:
Section 1:That the City Coun-
cil of the City of Fayetteville,
Arkansas hereby repeals §
164.19 Accessory Dwelling
Units and enacts a replacement
§164.19 as described in Exhibit
A attached hereto and made a
part hereof.
Section 2:That the City Coun-
cil of the City of Fayetteville,
Arkansas hereby enacts a new
subsection(C)in§171.13 as
follows:
"(C) Exceptions. Sidewalk
construction is not required for
accessory dwelling units;how-
ever reconstruction or repairs
resulting from the Construction
of the accessory dwelling unit
may be required."
PASSED and APPROVED on
May 6.2025
Approved:
Molly Rawn,Mayor
Attest:
Kara Paxton,
City Clerk Treasurer
This publication was paid for
by the City Clerk-Treasurer of
the City of Fayetteville,
Arkansas.
Amount Paid:$142.88
May 11,2025 506857
