HomeMy WebLinkAboutOrdinance 5128 ORDINANCE NO. 5128
AN ORDINANCE AMENDING TITLE XV: UNIFIED
DEVELOPMENT CODE OF THE CODE OF
FAYETTEVILLE TO AMEND CHAPTER 151 :
DEFINITIONS, CHAPTER 159: FEES, CHAPTER 161 :
ZONING REGULATIONS, CHAPTER 162 : USE UNITS,
CHAPTER 163 : USE CONDITIONS AND CHAPTER 164
SUPPLEMENTARY DISTRICT REGULATIONS IN
ORDER TO MAKE ACCESSORY DWELLING UNITS A
PERMITTED USE IN ALL RESIDENTIAL ZONING
DISTRICTS CONTINGENT UPON PLANNING DIVISION
ADMINISTRATIVE APPROVAL.
WHEREAS, the City of Fayetteville recognizes that accessory dwelling units
provide an additional housing choice for many residents of the City such as students and
senior citizens; and
WHEREAS, the City of Fayetteville has identified the need for increased housing
options and variations in the existing housing market; and
WHEREAS, the City of Fayetteville has determined that accessory dwelling units
are appropriate in residential zoning districts; and
WHEREAS, the City of Fayetteville recognizes that strict design guidelines will
minimize cited concerns about appearance, mass and scale; and
WHEREAS, the City of Fayetteville recognizes that an administrative approval
process will streamline the development process and encourage the construction of additional
accessory dwelling units; and
WHEREAS, Accessory dwelling units that exceed the maximum standards
prescribed in the proposed ordinance may request a variance from specific standards to the
Planning Commission;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 . That Chapter 151 : Definitions is amended by adding Accessory Dwelling Unit and
Principal Dwelling Unit to § 15 1 .01 , a copy of which marked Exhibit "A" is attached hereto and made a
part hereof.
Page 2
Ord. 5128
Section 2. That Chapter 159: Fees is amended by adding Accessory Dwelling Unit $ 100.00 to
§ 159.01 (B)(6).
Section 3. That Chapter 161 : Zoning Regulations is amended by adding Use Unit 41 : Accessory
Dwelling Units in § 161 .03 (13)(1 ), § 161 .04 (B)(1 ), § 161 .05 (C), § 161 .06 (C), § 161 .07 (B)(1 ), § 161 .08
(13)( 1 ), § 161 .09 (13)( 1 ), and §161 .23 (B)(1 ).
Section 4. That Chapter 162: Use Units is amended by adding Accessory Dwelling Units as Use
Unit 41 in § 162.01 .
Section 5. That Chapter 163 : Use Conditions is amended by removing Detached Second Dwelling
Units (granny units) from § 163 .01: Listing, and removing all of § 163 .07: Detached Second Dwelling Units
(Granny Units) and re-numbering the remainder of Chapter 163 : Use Conditions accordingly.
Section 6. That Chapter 164: Supplementary District Regulations is amended by adding the
proposed language in § 164. 19, a copy of which is marked Exhibit `B" attached hereto and made a part
hereof. +++41+¢±nnp",�
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PASSED and APPROVED this the 15th day of April, 2008.
c 4 1-IIA3113,kV3 :
APPROVE ATTEST: '
By: By: ,
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DAN COODY, Mayor S NDRA E. SMITH, City Clerk/Treasurer
EXHIBIT "A"
Chapter 151: Definitions is amended by adding Accessory Dwelling Unit and Principal Dwelling Unit to
§151.01:
Accessory Dwelling Unit. (Zoning) An
Accessory Dwelling Unit is a separate dwelling
unit from the principal dwelling unit, located on
a single family zoned lot. The owner of the lot
shall permanently reside in either the principal
dwelling unit or the accessory dwelling unit
located on the property.
Principal Dwelling Unit. (Zoning) A
Principal Dwelling Unit is the primary and larger
of two dwelling units located on a single lot.
EXHIBIT "B"
Chapter 164: Supplementary District Regulations is amended by adding the following section §164.19:
Accessory Dwelling Units:
164.19 Accessory Dwelling Units (ADU)
(A) Purpose. The purpose of the accessory barrels, permeable pavers, rain
dwelling unit ordinance is to authorize gardens, indigenous plants and
accessory dwelling units in certain zoning landscape berms.
districts on lots already developed or that will
be developed concurrently with single-family (C) Permitted Zoning Districts: Accessory
dwellings. dwelling units shall be exempt from the
density requirements of the underlying
(B) Intent. Planning Staff shall evaluate the zoning district and shall be permitted by-
following criteria for the review and approval right on lots containing 5,000 square feet or
of an accessory dwelling unit application: more in the following Zoning districts:
(1) Exterior design of the accessory (1 ) R-A Residential Agricultural
dwelling unit should be compatible with
the principal dwelling unit through (2) RSF — 0.5 Residential Single Family —
architectural use of building fors, One Half Unit per Acre
height, construction materials, and
colors. (3) RSF — 1 Residential Single Family —
One Unit per Acre
(2) The property shall have infrastructure
(water, sewer, gas, electric, etc.) that (4) RSF — 2 Residential Single Family —
meets City standards to serve the Two Units per Acre
accessory dwelling unit.
(5) RSF — 4 Residential Single Family —
(3) The location and design of the Four Units per Acre
accessory dwelling unit shall meet the
required setbacks of the zoning district. (6) RSF — 7 Residential Single Family —
Seven Units per Acre
(4) A two-story accessory dwelling unit
should generally limit the major access (7) RSF — 8 Residential Single Family —
stairs, decks, entry doors, and major Eight Units per Acre
windows to the walls facing the principal
dwelling, or to the alley if applicable. (8) NC Neighborhood Conservation
Windows that impact the privacy of the
neighboring side or rear yard should be (D) Administrative Design Review and Approval.
minimized. The design of the accessory All accessory dwelling units shall meet the
unit should relate to the design of the following standards for administrative
principal residence and not visually approval by the Zoning and Development
dominate it or the surrounding Administrator. Prior to approval of an
properties. accessory dwelling unit, the Zoning and
Development Administrator shall find that:
(5) The orientation and location of buildings,
structures, open spaces and other (1 ) Maximum Square Feet and Number of
features of the site should protect and Bedrooms. The accessory dwelling unit
maintain natural resources including shall not be greater than 600 square
significant trees and shrubs to the extent feet of habitable space with a maximum
feasible and minimize alteration of of one bedroom. Detached accessory
natural land forms. Building profiles, dwelling units located above garage
location and orientation should relate to space shall be permitted so long as they
natural land fors. meet the height requirement herein.
(2) Zoning. The accessory dwelling unit
(6) The site plan should incorporate low shall comply with all underlying zoning
impact storm water mitigation requirements including but not limited to
techniques, such as cisterns, rain building area, bulk and area, and
setbacks with the exception of density. significant trees on the property shall be
adequately protected during
(3) Packing. One parking space shall be construction. Any proposed removal of
provided on-site for each accessory significant trees on the site will require
dwelling unit. Required parking for the the following of the property owner:
accessory dwelling unit is in addition to
the required parking for the principal (a) The applicant must show that the
dwelling unit. On-street parking may be removal of a significant tree or trees is
counted towards the total parking necessary in order to locate the
requirement where it is allowed in the accessory dwelling unit on the lot and
public right-of-way adjacent to the also meet all contributing location
subject property. requirements such as building setbacks,
utility or drainage easements,
(4) Existing Development on Lot. A single- topography, etc.
family dwelling shall exist on the lot or
shall be constructed in conjunction with (b) For every significant tree removed
the accessory dwelling unit. No building the property owner shall replace said
permit shall be issued until this tree with a total of two (2) two-inch
requirement is satisfied. caliper large species shade trees from
the list of approved tree species in a
(5) Maximum Number of Accessory location deemed appropriate by the
Dwelling Units per Lot. A maximum of Urban Forester.
one accessory dwelling unit shall be
permitted for each lot. (c) Should the Urban Forester find
justifiable cause to determine a
(6) Other Code Requirements. The significant tree or trees were removed in
accessory dwelling unit shall comply an attempt to thwart the intent of this
with the requirements of the City of ordinance prior to application for an
Fayetteville Uniform Building Code. accessory dwelling unit, the application
shall not be approved administratively.
(7) Water and Sewer. Water and sewer
service for the accessory dwelling unit (12) Building Height and Stories.
shall be connected directly to the pubic
water and sewer system, where (a) A one-story detached accessory
reasonably accessible in accordance dwelling unit shall be a maximum of 20
with all applicable regulations, and shall feet in height to the roof peak measured
be metered separately from the principal from the existing adjacent grade.
residence.
(b) A detached accessory dwelling unit
(8) Occupancy. The property owner must above one story shall be a maximum of
permanently occupy either the principal 25 feet in height to the roof peak
or accessory dwelling unit. measured from the existing adjacent
grade.
(9) Maximum Occupancy of the Accessory
Dwelling Unit. A maximum of two (c) An attached accessory dwelling unit
persons shall reside in an accessory may occupy a first or second story of a
dwelling unit. principal dwelling unit and shall not in
any instance be taller than the roof line
(10) Registration of Dwelling Units. The of the principal dwelling unit.
principal and accessory dwelling unit
shall be registered on an annual basis, (13) Building Design. The architectural
from the date of approval, with the design of the accessory dwelling unit
Planning Division to verity occupancy shall relate to the design of the principal
requirements. dwelling by the use of similar exterior
wall materials, window types, door and
(11) Tree Preservation. To protect existing window trims, roofing materials and roof
tree canopy to the greatest extent pitch. The following materials must be
possible, prior to application for an submitted for review of an application:
accessory dwelling unit, the applicant
shall consult with the Urban Forester, to (a) A material sample board indicating
prepare a site plan illustrating the type of materials and colors to be used
location of all significant trees. All on the exterior of the building.
(b) An architectural elevation drawing of (2) The accessory unit is restricted to the
all sides of the proposed structure. approved size.
(c) Images or architectural elevations of (3) The property owner shall at all times
the principal dwelling unit. reside on the property.
(E) Site Plan Requirements. Three sets of (4) The above restrictions are binding upon
detailed site plans are required with the any successor in ownership of the
following information: property and shall run with the property.
(1 ) Scale no smaller than 1 " = 30' (one inch (G) Planning Commission Approval. An applicant
equals thirty feet) may request approval from the Planning
Commission of a variance from the
(2) A north arrow maximum requirements for size (square
feet), height, and materials for an accessory
(3) Property lines dwelling unit, where unique circumstances
exist and the effect will not adversely affect
(4) Locations and dimensions of all rights- adjoining or neighboring property owners.
of-way, utility, drainage and tree Applicants may ask for a variance from the
preservation easements, and building requirement for separate water and sewer
setbacks taps if a hardship exists, such as difficult
access or topography. The applicant shall
(5) All existing and proposed structures with provide notification to adjacent property
accompanying uses owners prior to the date of the meeting.
(6) Size of parcel in square feet or acres. (H) Existing Detached Second (Accessory)
Dwelling Units.
(7) Size of all existing and proposed
structures in square feet (1) Conforming Units. Existing detached
second dwelling units approved by the
(8) Name of the applicant or property Planning Commission by conditional use
owner, plan preparer, project name and and constructed shall be considered a
project address in a title block legal conforming accessory dwelling on
the property. Property owners shall
(9) Pertinent special features such as register the principal and accessory
drainage features, berms, fences, and dwelling on an annual basis with the
retaining walls Planning Division.
(10) Parking areas, including driveways, with (2) Nonconforming Units. Existing detached
paving materials and dimensions second dwelling units that were not
approved by the Planning Commission
(11 ) A landscape plan showing the location shall be considered nonconforming. An
of all proposed landscaping, size of application for administrative approval
plant materials and species may be made to convert an existing
nonconforming detached second
(12) Tree protection plan including all dwelling unit to a conforming legal
significant trees and protection detached second dwelling unit, where
measures the existing unit can meet the
requirements herein. Where an existing
(F) Deed Restrictions. Before obtaining a nonconforming second dwelling unit
building permit for an accessory dwelling unit exists as of the dale of the adoption of
the property owner shall file with the this ordinance that can not meet the
Washington County Clerk's Office a requirements herein, the applicant may
declaration of restrictions containing a apply for a variance of the requirements
reference to the deed under which the stated.
property was acquired by the present owner
and stating that:
(I) Non-Conforming Structures. Non-conforming
(1 ) The accessory dwelling unit shall not be structures may not be converted into an
sold separately from the principal accessory dwelling unit unless a variance
residence. has been granted by the Board of
J D !7
City of FayettevilleM /oar%2
Staff Review Form Var/ms
City Council Agenda Items
or
Contracts
18-Mar-08
City Council Meeting Date
Leif Olson Long Range Planning Operations
Submitted By Division Department
Action Required:
ADM 07-2712: Approval of an ordinance amending the Unified Development Code to allow Accessory Dwelling Units as a
use by right with administrative approval in all single family zoning districts.
$0.00 n/a n/a
Cost of this request Category/Project Budget Program Category / Project Name
n/a n/a n/a
Account Number Funds Used to Date Program / Project Category Name
n/a n/a n/a
Project Number Remaining Balance Fund Name
Budgetdd Item Budget Adjustment Attached
Previous Ordinance or Resolution # n/a
2 2 �ioS
Department vector Date Original Contract Date: n/a
F/L�qOriginal Contract Number: n/a
2- Z9 - d7
rty Attorney
Received in fit Clerffi
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Finance and Internal Service Director Date
Received in Mayors Office qwq
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Mayor
Comments:
City Council Meeting of March 18, 2008
Agenda ]tem Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru : Gary Dumas, Director of Operations
Tim Conklin, Planning and Development Management Director
From: Leif Olson, Long Range Planner
Date: February 1 , 2008
Subject: The request is to approve the proposed amendments to the Unified Development
Code allowing Accessory Dwelling Units as a use-by-right in all residential zoning
districts with administrative approval.
RECOMMENDATION
Planning Staff recommends approving the proposed Accessory Dwelling Unit Ordinance
by the City Council .
BACKGROUND
The City Council has adopted a policy of addressing attainable housing as one of its top
priorities. Planning Staff drafted a Housing White Paper in 2005 which outlined a series
of policy alternatives that the City could implement in order to diversify the housing
stock in terns of size and price points. One of the policy recommendations discussed in
the white paper was to allow existing homeowners to construct accessory dwelling units
on their property with administrative review and approval.
Accessory Dwelling Units (ADUs) are currently permitted by conditional use in
residential districts of the City. The Conditional Use Permit process by its very nature can
discourage residents from proposing ADUs. The current structure of the ordinance gives
very little design guidance to the property owner and the public. The public ]tearing
process can also have the undesired consequence of creating a reactionary response by
the public and results in projects being re-designed by adjoining neighbors and appointed
and elected officials. This is often a result because there are few guiding rules for the
applicant, the public, Planning Staff or the appointed and elected officials to follow.
Planning Staff believes that a prescriptive ADU ordinance which addresses site design,
bulk and area considerations, building heights, setbacks and architectural compatibility
will ensure that new ADUs are appropriate in scale and design and that they will
contribute to the community and neighborhood.
City Council Meeting of March 18, 2008
Agenda Item Number
Planning Staff is bringing this ordinance forward at this time in order to advance three of
the six goals adopted by the City Council 's passage of City Plan 2025. Allowing ADUs
by right is a benchmark in City Plan 2025 for the Fall 2006 — Summer 2007 schedule.
Specifically, this ordinance is designed to address:
Goal 1 : We will make appropriate infill and revitalization our highest priority,
Goal 2 : We will discourage suburban sprawl, and
Goal 6: We will create attainable housing.
Administrative approval of ADUs will advance Goals 1 and 2 by encouraging the
creation of dwelling units on property that has already been developed within the City.
Low-density single-use residential property has the infrastructure already in place to
allow for these infill opportunities. The larger lot sizes associated with low density
zoning are prime locations for ADUs and will discourage sprawl by allowing appropriate
and compatible small-scale residential uses to existing neighborhoods. ADUs by right are
the very definition of infill and revitalization.
ADUs can create attainable housing in a number of ways. They are often designed as a
housing alternative for members of the family who may have special needs or life
circumstances, for instance the traditional role of an ADU as a "granny unit' for the
mother-in-law. Families with college age children may choose to construct an ADU
rather than pay rent for a dorm room or off-campus apartment. ADUs can be a very
effective housing solution for a variety of familial circumstances that evolve over time.
Additionally, ADUs as rental units can provide the necessary income needed for a family
to meet their monthly mortgage obligations. There is an abundance of literature that can
be found on the intemet regarding the social and economic advantages of ADUs. Here is
a brief list of links about ADU ordinances in other municipalities:
littp://rainier.wa.us/Publications/adu30.pdf
http://www.ci .santa-cruz.ca.us/pned/ADU/adu.htm]
littp:Hcosweb ci .slioreline.wa.us/uploads/attachments/pds/handouts/ADU.pdf
DISCUSSION
The Planning Commission forwarded this item to the Ordinance Review Committee with
a unanimous vote of 6-0. A concern brought up by the Planning Commission was that
600 sq. ft. would allow too large of a unit and perhaps 400 sq. ft. would be more
appropriate. Staff has looked at the advantages and disadvantages of reducing the
allowable square footage and is in favor of leaving it at 600 sq. ft. The downside of
reducing the square footage is that you can reduce it to the point where it will in effect
prescribe an efficiency type unit without a separate bedroom. An efficiency unit may be
appropriate for younger people and students but most adults would not find it very
practical . Staff believes that reducing the square footage will significantly limit the
potential for a broad cross-section of the community to take advantage of this form of
attainable housing.
City Council Meeting of March 18, 2008
Agenda ]tem Number
The City Council Ordinance Review Committee forwarded this item to the full City
Council with a unanimous 3-0 vote in favor of the proposed ordinance.
Planning Staff has met intemally and with the Council of Neighborhoods in February to
discuss the Accessory Dwelling Unit Ordinance and to make any additional changes that
would create a stronger "by right" ordinance. Therefore, Planning Staff has made the
following changes to the ordinance in order to address some of the concerns brought up
during these meetings;
• Requirement of impact fees for all accessory dwelling units.
• Requirement for separate water and sewer taps for the accessory dwelling unit.
• Proof of occupancy of the owner of the residence with a registration requirement
annually.
• Requirement of site plan review by the Urban Forester with mitigation
requirements for the removal of significant trees on the building site.
• The maximum building heights have been amended in order to mirror the way
building height is determined for single family development.
• Requirement for the removal of cooking facilities when the owner no longer
resides in either the principal or accessory dwelling unit.
BUDGETIMPACT
None
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE XV: UNIFIED
DEVELOPMENT CODE OF THE CODE OF
FAYETTEVILLE TO AMEND CHAPTER 151 :
DEFINITIONS, CHAPTER 159: FEES, CHAPTER 161 :
ZONING REGULATIONS, CHAPTER 162: USE UNITS,
CHAPTER 163 : USE CONDITIONS AND CHAPTER 164
SUPPLEMENTARY DISTRICT REGULATIONS IN
ORDER TO MAKE ACCESSORY DWELLING UNITS A
PERMITTED USE IN ALL RESIDENTIAL ZONING
DISTRICTS CONTINGENT UPON PLANNING DIVISION
ADMINISTRATIVE APPROVAL.
WHEREAS, the City of Fayetteville recognizes that accessory dwelling units
provide an additional housing choice for many residents of the City such as students and
senior citizens; and
WHEREAS, the City of Fayetteville has identified the need for increased housing
options and variations in the existing housing market; and
WHEREAS, the City of Fayetteville has determined that accessory dwelling units
are appropriate in residential zoning districts; and
WHEREAS, the City of Fayetteville recognizes that strict design guidelines will
minimize cited concerns about appearance, mass and scale; and
WHEREAS, the City of Fayetteville recognizes that an administrative approval
process will streamline the development process and encourage the construction of additional
accessory dwelling units; and
WHEREAS, Accessory dwelling units that exceed the maximum standards
prescribed in the proposed ordinance may request a variance from specific standards to the
Planning Commission;
f
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 . That Chapter 151 : Definitions is amended by adding Accessory Dwelling Unit and
Principal Dwelling Unit to ` 151 .01 , a copy of which marked Exhibit "A" is attached hereto and made a
part hereof.
Section 2 . That Chapter 159: Fees is amended by adding Accessory Dwelling Unit $ 100.00 to
159.0 ] (13)(6).
Section 3. That Chapter 161 : Zoning Regulations is amended by adding Use Unit 41 : Accessory
Dwelling Units in § 161 .03 (B)( 1 ), §161 .04 (B)(1 ), § 161 .05 (C), §161 .06 (C), § 161 .07 (B)('1 ), § '161 .08
(13)(1 ), § 161 .09 (13)(1 ), and § 161 .23 (B)(1 ).
Section 4. That Chapter 162: Use Units is amended by adding Accessory Dwelling Units as Use
Unit 41 in $ 162.01
Section 5. That Chapter 163: Use Conditions is amended by removing Detached Second Dwelling
Units (granny units) from § 163.01: Listing, and removing all of § 163 .07: Detached Second Dwelling Units
(Granny Units) and re-numbering the remainder of Chapter 163: Use Conditions accordingly.
Section 6. That Chapter 164: Supplementary District Regulations is amended by adding the
proposed language in $ 164. 19, a copy of which is marked Exhibit `B" attached hereto and made a part
hereof.
PASSED and APPROVED this the _ day of , 2008.
APPROVED:
By:
DAN COODY, Mayor
ATTEST:
By:
SONDRA SMITH, City Clerk