HomeMy WebLinkAboutOrdinance 6874113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6874
File Number: 2025-541
MODIFY PREFABRICATED CONSTRUCTION STANDARDS TO PROMOTE HOUSING
OPPORTUNITIES (AMEND CH. 151 & 164):
AN ORDINANCE TO AMEND SECTIONS 151.01 DEFINITIONS AND 164.15 PREFABRICATED
CONSTRUCTION OF THE UNIFIED DEVELOPMENT CODE TO ADOPT MODULAR CONSTRUCTION
REGULATIONS
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 amendment
may improve the availability and diversity of housing in Fayetteville including modular construction; and
WHEREAS, proposed amendments clarify what modular construction is, how it differs from prefabricated
construction, and where it is permitted in the City.
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 enacts a definition of modular
construction in § 151.01 as follows:
"Modular construction (zoning). Any building or structure constructed off -site under plant -controlled conditions, using
the same materials, to the same codes and standards as conventionally built facilities (excluding manufactured homes,
as defined by federal standards)."
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals the definition of prefabricated
construction in § 151.01 and enacts a replacement definition as follows:
"Prefabricated construction (zoning). Any structure built entirely off -site (excluding manufactured homes, as defined
by federal standards)."
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 164.15 Prefabricated
Construction and enacts a replacement § 164.15 as follows:
"164.15 Modular Construction
(A) Residential Unit. Modular residential units may be considered as single-family, two-family, three-family, four -
family, or multi -family residential units.
Page 1
Ordinance: 6874
File Number: 2025-541
(B) Additional Requirements. All units shall meet the following requirements:
(1) The codes adopted by the State of Arkansas and the ordinances of the city;
(2) Be secured to a permanent masonry or concrete foundation; and
(3) Have permanent water and sewer connections.
(C) Location of Modular Construction. Modular construction is permitted in all zoning districts where the residential
unit type is permitted."
PASSED and APPROVED on May 20, 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: $200.64
Page 2
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF MAY 20, 2025
CITY COUNCIL MEMO
2025-541
TO: Mayor Rawn and City Council
THRU: Keith Macedo, Interim Chief of Staff
FROM: Jonathan Curth, Development Services Director
SUBJECT: Administrative Item (Amend Chapters 151 and 164 of the Unified Development
Code): Submitted by CITY STAFF. The proposed code change modifies prefabricated
construction standards to promote housing opportunities.
RECOMMENDATION:
City staff recommend approval of a amendment to Chapters 151 and 164 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
amendment 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 prefabricated
construction:
Modular Construction (currently "Prefabricated Construction"): Proposed amendments clarify
what modular construction is (a building constructed off -site to the same codes and standards as
conventionally -built structures) and where it is permitted in the city. Language related to residential unit
type (single-family, two-family, etc.) is added for congruence with other portions of code, specifically
zoning regulations. A definition of modular construction is added to address concerns from Building
Safety and provide clarity on the difference between modular construction, prefabricated construction,
and manufactured housing (manufactured housing is not addressed or liberalized under these
amendments as they are in a different portion of code). Finally, and perhaps most impactful, irrelevant
and outdated design standards related to roof pitch, eaves, and minimum building width have been
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
eliminated to promote flexibility of design.
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 #: 2025-541
MODIFY PREFABRICATED CONSTRUCTION STANDARDS TO PROMOTE HOUSING
OPPORTUNITIES (AMEND CH. 151 & 164):
AN ORDINANCE TO AMEND SECTIONS 151.01 DEFINITIONS AND 164.15 PREFABRICATED
CONSTRUCTION OF THE UNIFIED DEVELOPMENT CODE TO ADOPT MODULAR
CONSTRUCTION REGULATIONS
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 amendment may improve the availability and diversity of housing in Fayetteville
including modular construction; and
WHEREAS, proposed amendments clarify what modular construction is, how it differs from
prefabricated construction, and where it is permitted in the City.
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 enacts a definition of
modular construction in § 151.01 as follows:
"Modular construction (zoning). Any building or structure constructed off -site under plant -controlled
conditions, using the same materials, to the same codes and standards as conventionally built facilities
(excluding manufactured homes, as defined by federal standards)."
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals the definition of
prefabricated construction in § 151.01 and enacts a replacement definition as follows:
"Prefabricated construction (zoning). Any structure built entirely off -site (excluding manufactured
homes, as defined by federal standards)."
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby repeals §
164.15 Prefabricated Construction and enacts a replacement § 164.15 as follows:
"164.15 Modular Construction
(A) Residential Unit. Modular residential units may be considered as single-family, two-family, three-
family, four -family, or multi -family residential units.
Page 1
Ordinance: 6874
File Number: 2025-541
(B) Additional Requirements. All units shall meet the following requirements:
(1) The codes adopted by the State of Arkansas and the ordinances of the city;
(2) Be secured to a permanent masonry or concrete foundation; and
(3) Have permanent water and sewer connections.
(C) Location of Modular Construction. Modular construction is permitted in all zoning districts where
the residential unit type is permitted."
Page 2
Willa Thomason
Submitted By
City of Fayetteville Staff Review Form
2025-541
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 151 and 164 of the Unified Development Code): Submitted by CITY STAFF.
The proposed code change modifies prefabricated construction standards to promote housing opportunities.
Account Number
Project Number
Budgeted Item? No
Does item have a direct cost? No
Is a Budget Adjustment attached? No
Budget Impact:
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
Fund
Project Title
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
151.01 Definitions
M
Modular construction (zoning). Any building or structure constructed off -site under plant -controlled conditions,
using the same materials, to the same codes and standards as conventionally built facilities (excluding
manufactured homes, as defined by federal standards).
P
Prefabricated construction (zoning). Any structure built entirely off -site (excluding manufactured homes, as
defined by federal standards.
(Supp. No. 36)
Created: 2025-03-27 11:36:13 [EST]
Page 1 of 2
164.15 Modular Construction
(A) Residential Unit. Modular residential units may be considered as a single-family, two-family, three-family,
four -family, or multi -family residential unit.
(B) Additional Requirements. All units shall meet the following requirements:
(1) The codes adopted by the State of Arkansas and the ordinances of the city;
(2) Be secured to a permanent masonry or concrete foundation; and
(3) Have permanent water and sewer connections.
(C) Location of Modular Construction. Modular construction is permitted in all zoning districts where the
residential unit type is permitted.
(Supp. No. 36)
Created: 2025-03-27 11:36:13 [EST]
Page 2 of 2
151.01 Definitions
M
-Modular construction (zoning). Any building or structure constructed off -site under plant -controlled conditions,
using the same materials, to the same codes and standards as conventionally built facilities (excluding
manufactured homes, as defined by federal standards).
P
-Prefabricated construction (zoning). Any structure built entirely off -site jexcluding manufactured homes
defined by federal standards,
(Supp. No. 36)
Created: 2025-03-27 11:36:13 [EST]
Page 1 of 2
164.15 °.of. bricated Modular Construction
(A) Residential Unit. PrPf"r'-_+^d Modular residential units &ha�pmay be considered as a single-family, two-
family, three-family, four -family, or multi -family residential unit, whi^heveF ;s appFep,-;a+^ and Shall meet
(B) Additional Requirements. In a,-,-;+ien + `hall he ^eressa units teshall meet the following
requirements:
(1) The building eedes of the eityihe codes adopted by the State of Arkansas and the ordinances of the
cam;
(2) Be secured to a permanent masonry or concrete foundation; and
(3) Have permanent water and sewer
connections'-
(4) Have a Fninimum reef piteh ^f�f feuF to twelve (412);
(5�) aengahle roof e Cs shall have
a minimum overhang ef 12 inches; and
(6) Have a minimum building width of 20 feet.
(C) Location of Modular Construction. Modular construction is permitted in all zoning districts where the
residential unit type is permitted.
(Cede 1965 n^^ n n.-+ 7 ( 3); n.-d Ne. 174:7 6 29 7-0. Cede 1991,§160 087; n.-d Pie. 4100§2 (Ex. n) 6 16 98)
(Supp. No. 36)
Created: 2025-03-27 11:36:13 [EST]
Page 2 of 2
Form v1 Et'
N"t/VA
ECEIVE
05/27/2025
C TY OF FAYETTEVILLE
CITY CLERK'S OFFICE
Account#: NWCL5004205
Company: CITY OF FAVETTEVILLF-CLERKS OEFI
• 113 W MOUNTAIN
FAYETTEVILLE. AR 72701
Ad number#: 510085
PO#:
Matter of: ORD 6874
.AFFIDAVIT•STATE OF ARKANSAS
I Maria Hernandez-Lopez do solemnly shear that I am the Legal Clerk of the NWA Democrat Gazette.a daily
newspaper printed and published in\l,1Sl IINtiTON:f;F.\'ION county.State ofARKAN!sAS:that I‘‘as so related to
this publication at and during the publication of the annexed legal ad\ertiserent in the matter of
(.)RI)6874
• Pending in the court.in said County.and at the dates of the se%oral publications of said ad ertisentcnt stated belon.and
that during said periods and at said dates.said newspaper was printed and had a bona tide circulation in said County.
that said newspaper had been regularly printed and published in said county.and had a bona tide circulation therein for
the period of one month before the date of the lint publication of said advertisement:and that said ads crtisc,n nt.1.is
published in the regular Jail> issues of said newspaper as stated belots.
And that there is due or has been paid the NWA Democrat Gazette for publication the suns of S200.64.
(Includes S0.00 Affida\i;Chartte t.
NWA Democrat Gazette 05/25'25r Nit;-1 nwaonline.com 05/25/25
llw`t'*eat;t.u�is�Ll _ _
Legal Clerk
State ofARKANSAS.County of Sebastian _ =
Subscribed and sworn to before me on this 27th day of May. 2025 _ a,,
NO1Y PUBLIC
_ i
Ordinance:6874
Ale Number: 2025-541
MODIFY PREFABRICATED
CONSTRUCTION STANDARDS TO
PROMOTE HOUSING OPPORTU-
NITIES(AMEND CH.151&164):
AN ORDINANCE TO AMEND
SECTIONS 151.01 DEFINITIONS
AND 164.15 PREFABRICATED
CONSTRUCTION OF THE UNI-
FIED DEVELOPMENT CODE TO
ADOPT MODULAR CONSTRUC-
TION REGULATIONS
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 amendment may
improve the availability and di-
versity of housing in Fayetteville
including modular construction:
and
WHEREAS,proposed amend-
ments clarity what modular
construction is,how it differs
from prefabricated construction,
and where it is permitted in the
City.
NOW,THEREFORE,BE IT OR-
DAINED BY THE CRY COUNCIL
OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City
Council of the City of Fayet-
teville,Arkansas hereby enacts
a definition of modular con-
struction in§151.01 as follows:
"Modular construction(zon-
ing), Any building or structure
constructed off-site under
plant-controlled conditions,
using the same materials,to the
same codes and standards as
conventionally built facilities
(excluding manufactured
homes,as defined by federal
standards)."
Section 2:That the City Coun-
cil of the City of Fayetteville,
Arkansas hereby repeals the
definition of prefabricated con-
struction in§151.01 end enacts
a replacement definition as fol-
lows:
"Prefabricated construction
(zoning).Any structure built en-
tirely off-site(excluding manu-
factured homes,as defined by
federal standards).*
Section 3:That the City Coun-
cil of the City of Fayetteville,
Arkansas hereby repeals §
164.15 Prefabricated Construc-
tion and enacts a replacement§
164.15 as follows:
"164.15 Modular Construc-
tion
(A)Residential Unit.Modular
residential units may be consid-
ered as single-family,two-fam-
ily,three-family,four-family,or
multi-family residential units.
(B)Additional Requirements.
All units shall meet the following
requirements:
(1)The codes adopted by the
State of Arkansas and the ordi-
nances of the city;
(2)Be secured to a perma-
nent masonry or concrete foun-
dation;and
(3) Have permanent water
and sewer connections.
(C)Location of Modular Con-
struction.Modular construction
is permitted in all zoning dis-
tricts where the residential unit
type is permitted."
PASSED and APPROVED on
May 20,2025
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:S200.64
May 25,2025 510085