HomeMy WebLinkAboutOrdinance 3887 ORDINANCE NO. 3887
i
AN ORDINANCE AMENDING CHAPTER 160, ZONING
CODE, OF THE CODE OF FAYETTEVILLE TO ESTABLISH
STANDARDS AND REGULATIONS FOR DETACHED
SECOND DWELLING UNITS WITHIN RESIDENTIAL
DISTRICTS AS A CONDITIONAL USE.
WHEREAS , the City wishes to implement the 2010 Plan's policies and
recommendations with the adoption of new standards and regulations for the integration of
detached second dwelling units "Granny Units" within residential zoning districts; and,
WHEREAS, the City recognizes the importance of regulating the design, size,
appearance, scale, and location of detached second dwelling units within residential districts;
and,
WHEREAS, the City wishes to address the potential adverse impacts of allowing
detached second dwelling units by the adoption of new standards and regulations to allow these
uses as a conditional use within residential districts.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 . Section 160.75 Use Conditions; Listing, of the Code of Fayetteville is
hereby amended to add to the listing "Detached Second Dwelling Units within Residential
Districts" .
Section 2. Chapter 160, Zoning Code, of the Code of Fayetteville is hereby amended
to add standards and regulations for " Detached Second Dwelling Units within Residential
Districts" .
DETACHED SECOND DWELLING UNITS.
A. Purpose. These regulations are intended to mitigate the potential
adverse impacts associated with detached second dwelling units within residential
districts by requiring compatible size, scale, massing, and appearance of the
structures with regard to adjoining and surrounding residential uses. Detached
second dwelling units are regulated in order to:
1 . Enhance and regulate the appearance of detached
second dwelling units within residential districts.
2 . Protect adjoining properties from the adverse impacts
associated with detached second dwelling units such as noise,
appearance, lighting, drainage, and effect on property values.
Page 2
Ordinance No . 3887
3 . Provide areas for off-street parking and storage of
motor vehicles that will be appropriate in size, location, and scale
within residential areas.
4. Provide additional alternative affordable housing
within existing residential neighborhoods to serve a growing
elderly, single occupant, and rental market.
B. Detached Second Dwelling Unit/ 'Granny House" Design and
Location Standards. Detached second dwelling units shall require a
Conditional Use Permit and shall be constructed in the following manner:
1 . No more than one (1 ) detached second dwelling unit
shall be permitted on any parcel or lot.
2 . A detached second dwelling unit may only be
permitted on a residential lot on which there is an existing one (1 )
owner occupied single-family detached dwelling unit (main unit)
subject to all setback requirements of the district.
3 . A detached second dwelling unit may not be permitted
on residential lots already having two (2) or more dwelling units.
4. The maximum building area (coverage) required by the
zone shall prevail.
5 . The total area of floor space for a detached second unit
shall not exceed 1 ,200 square feet.
6. The detached second dwelling unit shall be
architecturally compatible with the main dwelling.
7. The detached second dwelling unit shall be provided
with parking in addition to and at the same ratio as that required
for the main dwelling and shall be located to the rear of the main
structure. Parking for the detached second dwelling unit shall be
located within the required setbacks.
8. The detached second dwelling unit may be metered
separately from the main dwelling for gas, electricity, and
water/sewer services. The applicant is responsible for any
Page 3
Ordinance No . 3887
associated cost of providing and/or relocating utilities to the
detached second dwelling unit.
9. Prior to issuance of a building permit for the second
detached dwelling unit, a deed restriction to run with the land,
shall be recorded which specifies that the use of the detached
second unit as an independent dwelling may continue only as long
as one unit on the property is owner-occupied.
10. The applicant for the Conditional Use Permit shall be
the owner of the subject property.
11 . This section shall not validate any existing illegal
detached second dwelling unit. An application for a Conditional
Use permit may be made to convert an illegal detached second
unit to a conforming legal detached second dwelling unit, and the
standards and requirements for said conversion shall be the same
as for newly proposed detached second dwelling units.
C. Conditions for Approval. The following findings shall be made
by the Planning Commission in order to approve a conditional use permit for a
detached second dwelling unit in addition to those conditions found within
§ 160. 195 "Conditions Governing Applications of Conditional Uses; Procedures "
of the. Zoning Code. Before detached second dwelling units are allowed as a
conditional use within residential zoning districts, the Planning Commission or
a subcommittee shall review the design elements of the proposed structure and
site plan in relation to adjacent and surrounding structures. The following
elements shall be looked at in evaluating the design of the structure.
1 . Building massing (height and bulk of structures, type
and angle of roof line) and materials for the principal structure.
2. Building width to height ratio.
3 . Location and design of landscaped and paved areas.
4. Location and use of yard areas.
5 . Ratio of landscaped area to areas covered by
impervious surfaces.
Page 4
Ordinance No , 3887
6. Location, size, and type of projections (porches and
roof lines) .
7 . Major divisions or rhythms of the facade.
8 . Proportion of openings.
9. Materials, colors, and textures of buildings.
D_ Design Review and Application Submittal . In addition to the
conditional use application, the following drawings and plans shall be presented
as part of the application:
1 . Site plan drawn to scale showing the location of
parking, and building footprint.
2. Elevation drawings of all sides of the structure.
3 . Material sample board indicating type of materials and
colors to be used on the exterior of the building.
4. Landscape plan (plan view) showing the location of all
proposed landscaping, size of plant material and species.
Section 3 . Severability . Should any paragraph, section, clause, phrase or part of this
ordinance, for any reason, be held invalid, such decisions shall not affect the validity of the
remaining provisions of this ordinance and the application of those provisions to any person or
circumstances shall not be affected thereby.
PASSED AND APPROVED this 18th day of April 1995 .
APPROVED:
By: 4 l""le�
red Hanna, Mayor
ATTEST
By :
Traci Paul, City Clerk
ORDINANCE NO. 3867 2. A detached second i1 . Budding massing (Piet lit
9
dwelling unit may only be and bulk of structures, type
AN ORDINANCE AMEND- permitted is a residential
In
and angle of roof line) antl
'A
ING CHAPTER 160, CODE
lotext ti which there la an materials for the ,Orincipal ,
ING CODE. VI THE CODE existing in le owner cocilrjj 'structure.
TA LAVESTANDAR S ES-AND
cached single-family y da unit ratio.Building width to height
TABLISH STANDARDS AND' tached dwelling unitratio.
REGULATIONS FOR DE - (main unit) subject to all 3. Location and design of STATEOF ARKANSAS
TACHED SECOND DWELL- setback requirements of landscaped and paved
ING UNITS WITHIN RESI. the district. areas. as.
DENTIAL CONDITIONAL USE.TS -ASA 3.dwelling unithed maysecond 4.not be yard areas.tion and use of County of Washington ,
permitted on residential 5. Ratio of landscaped area //'��
WHEREAS, the City wishes lots already having two to areas covered by imper. I ! �1 � o
to implement the 2010 (2) or more dwelling un- vious surfaces �J ri hereby cer-
Plan's porcies and recom-tIts. _ 6. Location, size, and typo tify that I am the publisher of TO NORTHWEST ARKANSAS TIMES, a daily
mendations with the adop-� A. The maximum building of projections (porches and
tion of new standards and. area (coverage) required roof lines). newspaper having a second class mailing privilege, and being not less than four pages of
LgulationS for the Integra.._by the zone shall prevail. 17. Major divisions or five columns each, published at a fixed place of business and at a fixed (daily) intervals
tion ofstd ached second 6. The total area of floor,rhythms of the facade.
dwelling units "Granny Un- space for a detached sac-I8. Proportion of openings. continuously in the City of Fayetteville, County of Washington, Arkansas for more than
its " within'residential zon- and unit shall not exceed9. Materials, colors, andaperiod of twelve months, circulated and distributed from an established place of business
ing districts: and, 1,200 square feat 'textures of buildings.
WHEREAS; the City recog- 6. The detached second D. Design Review and As. to subscii bets and readers generally of all classes in the City and County for a definite price
nizes ,the importance of reg- dwelling unit shall be ar. plication Submittal In ad- for each copy, Oraflxed rice 7annUnl, which rice was feed at what is considered We
ulating the design, size, ap- chitecturally compatibledition to the conditional use py P P
pearance. scale, and Iota- with the main dwelling. application, the following value of the publication, based upon the news value and service value it contains, that at
tion of detached Second 7. The detached seco pro
presengedan plans shall be least fifty percent of the subscribers thereto have paid cash for their subscriptions to the
dwelling units within resi- dwellingunit shall be part of the ap-
dential districts; and, vided with parking in .d-prcatibn: newspaper or its agents or through recognized news dealers over a period of at least six
WHEREAS. the city wishes dation to and at the same 1 . Site plan drawn to scale months; and that the said cewspaperpublishes an average ofmore than forty percent news
to address the potential ad- ratio as the required forshOwing the location; of
verse impacts of allowing the main dwelling andparking, and building foot. matter.
detached second dwelling shall be located to theprint.
units by the adoption of rear o1 the mein •true-12 Elevation drawings of .all.
new standards and regula- ture. Parking for the de-,sides of the structure. I further Certify that We legal notice hereto attached in We matter Of
tions to allow these uses taehad second dwelling 3. Material sample board /� /�
as a conditional use within unit shall be located with- indicating type of materials' / q,/7 ^„ ^ n 2C�t
residential districts. Ing the required setbacks. . and colors to be used or ` f M Q-Q ses
NOW, THEREFORE, 6E IT S. The detached second the exterior of the building. j
ORDAINED 6Y THE CITY dwelling unit may be me- 4,' Landscape plan (plait
COUNCIL OF THE CITY OF tored separately form the view) showing the location was published in the regular daily issue of said newspaper for
FAYETTEVILLE. ARKAN- maindwelling for gas, of all proposed landscaping;
SAS: electricity, and water/ size of plant material and consecutive insertions as follows:
Section 1. Section 160.75 sewer services. The appl- species. i -
Use Conditions: Listing, of ieant in responsible for Section 3. Severabllity
the Code of Fayetteville is any associated cost of Should any paragraph, sac:j The first insertion on the csxo day of 19 C
hereby amended to add to providing and/or relocat- tion, clause, phrase or pari
the listing ' Detached Sec- Ing utilities to the de- of this ordinance, for any
and Dwelling Units within taehad second dwellingreason, be held invalid, ! the second insertion on the day of 19
Residential Districts". unit such decisions shall not al-'
Section 2. Chapter 160, 9. Prior to Issuance o1 a fact the validity of the re-
Zoning Code. of the Code building permit for the maining provisions o1 this: the third insertion On the day Of 19
of Fayetteville is , hereby second detached dwelling'ordinance and the applica-
amended to add standards unit, a deed restriction to {ion of those provisions t0
and regulations . for " Do- qr rliwith the land, .shollany person or circum -' y and the fourth insertion on the da of 19
[ached Second Dwelling �egidhe �fvtilch"speei. stances shall not be af-
Units withing ' Residential )faatiiet tkq. use'ol the fected thereby.
Districts". detachedsecond unit as PASSED AND APPROVED
DETACHED SECOND an Independent dwelling this .18th day of April, 1995.
DWELLING UNITS. may continue only as APPROVED
A. PURPOSE . These reg- long as one unit on the By: Fred Hanna, Mayor
ulations are intended to mi- property is owner-ATTEST:
Ligate the potential adverse occupied. I'a -y: Traci Paul, CjtY_Clerk. Publisher / General Manager
impacts associated with de 10. The applicant for the _ - RECEIVED
tached second dwelling un- Conditional Use Permit
its within residential dis- shall be the owner of the
tricts by requiring compati. subject property.
ble size, scale, massing, 11. This section shall not MAY 0 3 1995
and appearance of th strut- validate any existing II-
tures with regard to adjoin- 'legal detached second
ing and surrounding Iosi- dwelling unit. An applles-
dential uses. Detached sec- Han for a Conditional Use FINANCE DEPT.
and dwelling units are permit may be made to
regulated in order to: convert and Illegal de-
r . Enhance and reguldtetached second unit to a
the appearance of detached conforming legal de-:
second dwelling unitstachad second dwelling
within resid9ngal districts. unit, and the standards
^ Protect adjoining proper- and requirements for sold
ties from the adverse im- converslon shall be the
pacts associated with de- same as for newly prop; Swom to and subscribed before me on this day of
tached second dwelling un- osed detached second
Its Such as noise. dwelling units. I�
appearance, lighting, drain- C Condition for Approval. 19
age. and effect on properly The following findings shall
values. be made by the Planning _
3. Provide areas for off- Commission n order to ap.,
Street partingSCGLSi�O�ygC prove a conditional use per.
of mo l Otjj- ., RImit for a detached second
be appr� tip Ir5is�7 `s'l. , dwelling unit in addition to' l Notary Public
tion, an 5<a Within rTX%- those conditions found 1
'r 1, b,. ,.�J Id_ •�li f Catherine S
dential areas, -- -- within 160. 195 "Conditions
4. . Provldeagdhional alter- Governing Applications of My Commission Expire ' Notary Public, State of Arkansas
native affordable housing Conditional Uses; Proce- F
within existing residential dues ' of the Zoning Code. r Washington County 1
neighborhoods to serve aBefore detached second r My Commission Expires 02/27/05 '
growing elderly. single oc- dwelling units are allowed CCK t «, awv ♦ C(KCCtl
cupant, and rental market. as a conditional use within
8. Detached Second residential zoning districts.
Dwelling Unit/ ' Grannythe Planning Commission or,
Movie" Design and Local subcommittee shall re- Fees for Printing $
tlon Standards. Detachadview the design elements
second dwelling unitsof the proposed structure Cost of Proof $
shall require a Conditional,and site plan In relation to
Use Permit and shall be adjacent and surrounding; zz
constructed In the follow- structures. The following Total $ - J
Ing manner elements Shall be looked at
1. No more than one (1) in evaluating the design of
detached second dwelling the structure. _
unit shall be permitted on f -
anyprocalorlot. �_