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HomeMy WebLinkAboutOrdinance 2693 ORDINANCE NO . a(nQa AN ORDINANCE AMENDING ARTICLE 7 , SECTION 21 OF APPENDIX A TO THE FAYETTEVILLE CODE OF ORDINANCES TO CLARIFY THE REGULATIONS PERTAINING TO TANDEM LOT DEVELOPMENT , S T_ BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAY,ETVVIVLE , ARKANSAS : ?' z J-n nr = C Z ., Section 1 , That Article 7 , Section 21 of Appendix _ 0 \ the Fayetteville Code of Ordinances is hereby amended to co �c J as follows : C-,r, s� 21 . Tandem lot development . 7:) ; a C _ CJ Xm=G77 p ( 1 ) For purposes of this section a tandem lot shall m�n LO �p a lot which does not have required frontage on a public street and which is located behind a lot or a portion of a lot which does have frontage on a public street . Tandem lot development shall be permitted for single family dwellings only and shall be a conditional use in all districts where single family dwellings are permitted . The development of one tandem lot behind another tandem lot shall be prohibited . ( 2 ) Before any conditional use for tandem lot development shall be granted , the Planning Commission shall determine that : ( a ) Tandem lot development will not significantly reduce property values in the neighborhood . In determining whether property values will be significantly reduced , the Planning Commission shall consider the size of nearby lots in comparison with the proposed tandem lot or lots . ( b ) The terrain of the area in which the tandem lot is proposed is such that subdivision of said area into a standard block in accordance with the City ' s sub- division regulations is not feasible . ( c ) The tandem lot will have access to a public street by way of a private drive with a minimum width of 25 feet of equal and uniform width . The tandem lot owner shall be responsible for maintaining said 25 foot private drive so that sanitation and emergency vehicles have safe access to the dwelling located on the lot . The tandem lot owner shall have title to , or a perpetual private easement in , the private drive . If the private drive intersects a paved street , the private drive shall be paved for a minimum distance of 25 feet from said intersection . ( d ) The safety zone between the private drive of a tandem lot and any adjacent driveway will not be less than the minimum distance between curb cuts in the standards for street design of the City ' s subdivision regulations ; for streets having a use designation higher than collector , the standards for collector streets shall apply . . 13 '71 504 MICROFILWD - 2 - ( e ) The tandem lot , excluding the 25 foot private drive , will conform to the minimum lot width and lot area requirements of the zoning district in which it is located . Lot area calculations to determine whether a tandem lot meets minimum lot area requirements shall not include any portion of the lot having less than the required minimum width . No structure shall be placed on any portion of a tandem lot having less than the required minimum width . ( 3 ) Each tandem lot shall have a minimum building setback requirement of 20 feet from all property lines and 25 feet from all street right-of-way lines . ( 4 ) No vehicles shall be parked at any time on that portion of a tandem lot utilized as a private drive or on the vehicular turnaround required by paragraph 5 below . The dwelling structure on a tandem lot shall not be located more than 200 feet from the end of the private drive nearest the structure . ( 5 ) Before a certificate of occupancy is issued for a dwelling located on a tandem lot , the property owner shall ( 1 ) construct a 30 foot by 40 foot hard surface vehicular turnaround equivalent to SB- 2 base or better at the end of the private drive and shall execute a written agreement granting the City permission to enter upon the private drive and turn around with sanitation vehicles , or ( 2 ) shall construct a masonry garbage can holder , with screening , for each garbage can to be used which garbage can holder shall be constructed alongside the street onto which the private drive leads . Section 2 . The Board of Directors hereby determines that the City ' s Tandem Lot Regulations do not adequately regulate tandem lot development ; that adequate regulation of tandem lot development is essential to the public health , safety and welfare ; and that the passage of this ordinance is essential for the public heath , safety and welfare . Therefore , an emergency is hereby declared to exist and this ordinance being necessary for the public health , safety and welfare shall be in full force and effect from and after its passage and approval . �F SBp, AND APPROVED on this �VA day of 19E. `,e����..�.•.. So 0 0%, / APPROVE • o : ��� Y � •• �-nom n ` i +pC MAYOR V 1 CERTIFICATE OF RECORD CERTIFICATE OF RECORD State of Arkansas STATE OF ARKANSAS ) City of Fayetteville ( SS Washington County ) SS. I, Suzanne C. Kennedy, City Clerk and I, Alma L. Kollmeyer, Circuit Clerk and Ex-Officio Recorder for Ec'O'rtcio recorder f )r the City cf Fayetteville, Washington County, do heraby certify that the annexed or re- do :iereby cert fy that the ann2-.:e 1 or t_re- goin i trument ws fiy in my otfice on tho aY goia^ js of record jn my ofijce ;c�d '::e same aP- of at 3-o'clock and the sam is Pears to Ordinance c ResolutignibpUk duly orded in record e��at pa at Page jeSSfrgty,. Witness my hand and seal t O�day of_ fliLd� u+�. hand and seal this— •+4 *404 Circuit Cie d -0ffici R rded B itv C:erk i7beputy Clerktoo = • , 4 2 r -