HomeMy WebLinkAboutORDINANCE 5888113 West Mountain
Street Fayetteville,
AR 72701
(479) 575-8323
Ordinance: 5888
File Number: 2016-0292
AMEND THE DEFINITION OF "SETBACK" IN § 151.01:
AN ORDINANCE TO AMEND THE DEFINITION OF "SETBACK" IN § 151.01 OF THE UNIFIED
DEVELOPMENT CODE TO ALLOW ARCHITECTURAL PROJECTIONS OF A BUILDING SUCH AS
ITS EAVES TO SLIGHTLY PROTRUDE INTO A SETBACK UNDER CERTAIN CONDITIONS.
WHEREAS, building set backs are designed and required to protect adjoining neighbors from
someone building too close to their property line; and
WHEREAS, a building's architectural projections such as eaves, roof overhangs, chimneys, utility chases
or bay windows should be allowed to intrude slightly into a setback area, but never across a property line.
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 the following sentence
to the end of the existing definition of "Setback" in § 151.01 of the Unified Development Code:
"An architectural projection, such as an eave, utility chase, chimney or bay window shall not be
considered to be in violation of a setback requirement as long as the projection does not intrude into a
public right-of-way or extend more than three feet into a setback. A projection which encroaches into
a setback shall not come closer than three feet to a property line."
PASSED and APPROVED on 6/21/2016
Page 1 Printed on 6122116
Ordinance: 5888
File Number: 2016-0292
Attest:
Sondra E. Smith, City Clerk
Treasurer
Page 2 Printed on 6/22116
- City of Fayetteville, Arkansas 113 West Mountain Street
l Fayetteville, AR 72701
- (479)575-8323
40. Text File
File Number: 2016-0292
Agenda Date: 6/21/2016 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C. 8
AMEND THE DEFINITION OF "SETBACK" IN § 151.01:
AN ORDINANCE TO AMEND THE DEFINITION OF "SETBACK" IN § 151.01 OF THE UNIFIED
DEVELOPMENT CODE TO ALLOW ARCHITECTURAL PROJECTIONS OF A BUILDING SUCH
AS ITS EAVES TO SLIGHTLY PROTRUDE INTO A SETBACK UNDER CERTAIN CONDITIONS
WHEREAS, building set backs are designed and required to protect adjoining neighbors from someone
building too close to their property line; and
WHEREAS, a building's architectural projections such as eaves, roof overhangs, chimneys, utility
chases or bay windows should be allowed to intrude slightly into a setback area, but never across a
property line.
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 the following
sentence to the end of the existing definition of "Setback" in § 151.01 of the Unified Development
Code:
"An architectural projection, such as an cave, utility chase, chimney or bay window shall not be
considered to be in violation of a setback requirement as long as the projection does not intrude into a
public right-of-way or extend more than three feet into a setback. A projection which encroaches into a
setback shall not come closer than three feet to a property line."
City of Fayetteville, Arkansas Page 1 Printed on 6/22/2016
Legistar ID No.;
AGENDA REQUEST FORM
FOR: Council Meeting of June 21, 2016
FROM: w
City Council Member Matthew Petty
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
2016-0292
AN ORDINANCE TO AMEND THE DEFINITION OF "SETBACK" IN § 151.01 OF
THE UNIFIED DEVELOPMENT CODE TO ALLOW ARCHITECTURAL
PROJECTIONS OF A BUILDING SUCH AS ITS EAVES TO SLIGHTLY PROTRUDE
INTO A SETBACK UNDER CERTAIN CONDITIONS
APPROV�J FOR AGENDA:
City
ew Petty
City Attorney Kit Williams
(as to form)
Dat -
Date
CITY OF
Fayv*"*e- Mev i I I le
ARKANSAS
TO: Mayor and City Council
THRU: Kit Williams, City Attorney
FROM: Matthew Petty, Ward 2 Alderman
DATE: May 5, 2016
CITY COUNCIL AGENDA MEMO
SUBJECT: Ordinance No. . An ordinance to amend the definition of "setback" in
§ 151.01 of the Unified Development Code to allow a building's eaves to slightly
protrude into a setback under certain conditions.
BACKGROUND:
The Unified Development Code currently defines setbacks as the dripline of a building. The
proposal would allow roof eaves to encroach into side and rear setbacks up to three feet. Many
other cities allow eaves and other architectural features to project into setbacks and other
required building separations.
DISCUSSION:
The current definition limits architectural flexibility and discourages the use of traditional roof
forms. It is often the case that space as wide as 1' becomes critical on small infill parcels. Under
the current definition, any building providing a roof without eaves may be placed so that its
exterior walls are located exactly on the setback line. If a developer or architect wishes to
provide a building with a roof overhang or traditional eave, they must shift the wall away from
the setback. This can cascade into other problems because driveways and landscaping have
their own spatial requirements.
This proposal originally only addressed eaves. The Planning Commission requested it be
expanded to include architectural projections generally, including chimneys, utility chases, and
bay windows.
Planning Commission voted unanimously to forward this item to the City Council with a
recommendation for approval.
BUDGET/STAFF IMPACT:
None. Staff already reviews the location of eaves on all site development proposals
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
NORTHWESTARKANsAs
Democrat IF azette
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AFFIDAVIT OF PUBLICATION
I Cathy Wiles, do solemnly swear that I am the Legal Clerk of the
Northwest Arkansas Democrat -Gazette, printed and published in
Washington County and Benton County, Arkansas, and of bona fide
circulation, that from my own personal knowledge and reference
to the files of said publication, the advertisement of:
CITY OF FAYETTEVILLE
Ord. No. 5888
Was inserted in the Regular Edition on:
June 30, 2016
Publication Charges $ 92.30
Cathy Wiles
Subscribed and sworn to before me
This 3D day of 3v^L , 2016.
As k ( , f
Notary Public
My Commission Expires: 71ZIZ
ASHLEY DAVIS
Arkansas - Washington County
L.Notary Public - Comm# 12694247
My Commission Expires Jul 2, 2025
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
Ordinance: 5888
File Number: 2016-0292
AMEND THE DEFINITION OF
"SETBACK" IN § 151.01:
AN ORDINANCE TO AMEND THE
DEFINITION OF "SETBACK" IN § 151.01
OF THE UNIFIED DEVELOPMENT
CODE TO ALLOW ARCHITECTURAL
PROJECTIONS OF A BUILDING SUCH
AS ITS EAVES TO SLIGHTLY
PROTRUDE INTO A SETBACK UNDER
CERTAIN CONDITIONS.
WHEREAS, building set backs are designed
and required to protect adjoining neighbors
from someone building too close to their
property line; and
WHEREAS, a building's architectural
projections such as eaves, roof overhangs,
chimneys, utility chases or bay windows
should be allowed to intrude slightly into a
setback area, but never across a property
line.
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 the
following sentence to the end of the existing
definition of "Setback" in § 151.01 of the
Unified Development Code:
"An architectural projection, such as an
eave, utility chase, chimney or bay window
shall not be considered to be in violation of
a setback requirement as long as the
projection does not intrude into a public
right-of-way or extend more than three feet
into a setback. A projection which
encroaches into a setback shall not come
closer than three feet to a property line."
PASSED and APPROVED on 6/21/2016
Approved:
Lioneld Jordan, Mayor
Attest:
Sondra E. Smith, City Clerk Treasurer
73755117 June 30, 2016
RECEIVED
JUN 3 0 2016
CITY CLERKS OFFICE