No preview available
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 F1. P.O.i; ;x. r�,. . .a it.YI:.J A, R. �_. _t ...'I1't..T.. 4- ..' 41;•-6:35. I ,. `a ,1 nWA")., ._J.": 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