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Home My WebLink AboutORDINANCE 5950113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5950 File Number: 2016-0524 AMEND §164.02 ACCESSORY STRUCTURES AND USES: AN ORDINANCE TO AMEND §164.02 ACCESSORY STRUCTURES AND USES OF THE UNIFIED DEVELOPMENT CODE TO ALLOW THE CONSTRUCTION OF SHARED ACCESSORY STRUCTURES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of Fayetteville, Arkansas hereby amends §164.02 Accessory Structures and Uses of the Unified Development Code by enacting a new subsection (A)(6) as follows: Shared Accessory Structures. Shared accessory structures may be constructed across common property lines, subject to all building and fire codes. Building setbacks for shared accessory structures may be administratively varied to permit zero lot line development. Easements for driveway access and maintenance of the structure and driveway shall be provided prior to the issuance of a building permit. For purposes of calculating size of shared accessory structures, only that portion of the shared accessory structure on the lot with the principal structure shall count toward the maximum allowable size. PASSED and APPROVED on 2/7/2017 Attest: nio eldJor M,;dr SondraE. Smith, CityClerk Page 1 41- ; Printed on 24lil a =�: rAYL.TIEV1�l r • KMA z`i+iiisra►�0�� f, City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2016-0524 Agenda Date: 2/7/2017 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 7 AMEND §164.02 ACCESSORY STRUCTURES AND USES: AN ORDINANCE TO AMEND §164.02 ACCESSORY STRUCTURES AND USES OF THE UNIFIED DEVELOPMENT CODE TO ALLOW THE CONSTRUCTION OF SHARED ACCESSORY STRUCTURES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of Fayetteville, Arkansas hereby amends §164.02 Accessory Structures and Uses of the Unified Development Code by enacting a new subsection (A)(6) as follows: Shared Accessory Structures. Shared accessory structures may be constructed across common property lines, subject to all building and fire codes. Building setbacks for shared accessory structures may be administratively varied to permit zero lot line development. Easements for driveway access and maintenance of the structure and driveway shall be provided prior to the issuance of a building permit. For purposes of calculating size of shared accessory structures, only that portion of the shared accessory structure on the lot with the principal structure shall count toward the maximum allowable size. City of Fayetteville, Arkansas Page 1 Printed on 2/8/2017 City of Fayetteville Staff Review Form 2/7/2017 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jeremy Pate 1/20/2017 City Planning / Development Services Department Submitted By Submitted Date Division / Department Action Recommendation: ADM 16-5684 UDC Chapter 164.02/UDC Amendment Attached Accessory Structures): Submitted by CITY PLANNING STAFF for revisions to UDC Chapter 164.02 to allow shared accessory structures to be built across property lines. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Previous Ordinance or Resolution # Original Contract Number: Comments: Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title Approval Date V20'140710 CITY OF T**• AT vIC ARKAN5AS MEETING OF FEBRUARY 7, 2017 TO: Fayetteville City Council CITY COUNCIL AGENDA MEMO THRU: Andrew Garner, Planning Director FROM: Quin Thompson, Current Planner DATE: January 20, 2017 SUBJECT: ADM 16-5684 UDC Chapter 164.02/UDC Amendment Attached Accessory Structures): Submitted by CITY PLANNING STAFF for revisions to UDC Chapter 164.02 to allow shared accessory structures to be built across property lines. RECOMMENDATION: The Cty Planning staff and Planning Commission recommend approval of an ordinance to amend UDC Chapter 164.02 to allow shared accessory structures to be built across property lines. BACKGROUND: Request: The City Planning Division proposes to amend the Fayetteville Unified Development Code (UDC) to allow accessory structures such as garages and sheds- to be constructed across property lines in certain conditions. The changes are shown in the attached strikeout -highlight version of the code and generally described below. DISCUSSION: In recent months staff has received inquiries from the development community asking to construct garages across property lines to be shared between adjacent residences. While this practice was not uncommon in the City's older neighborhoods, current development codes make this a difficult and unclear permitting process. In an effort to alleviate ambiguity and increase flexibility in residential development, staff proposes an amendment to allow shared accessory structures. Staff feels that there is opportunity for more efficient land -use as well as historic precedent for patterns of development in which detached garages and other accessory buildings are built across property lines. The proposal would allow shared garages or storage buildings served by shared drives, and eliminate the narrow spaces between buildings that setbacks require, and in turn allowing that previous setback area to be provided for larger backyard space. Because shared buildings come with shared responsibility, both access and maintenance easements would be required to allow such buildings to be repaired and maintained by the adjoining property owners. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 On January 9, 2017 the Planning Commission forwarded staff's proposal to the City Council with a recommendation for approval with a vote of 8-0-0. BUDGET/STAFF IMPACT: N/A Attachments: • Proposed code changes as shown in strikethrough/highlight • Shared Accessory Structures Sketches 164.02 - Accessory Structures And Uses Accessory Structures and Uses. Accessory structures and uses shall be subject to the applicable use conditions set forth in Zoning, Chapters 160 through 165, and to the following general conditions: (A) Accessory Structures. (1) When Erected. No accessory structure shall be erected on any property prior to the construction of the principal structure, unless such accessory structure shall have been approved by the Planning Commission as a conditional use. An approved accessory structure erected prior to the principal structure shall not be inhabited. (2) Integral Part of Principal Structure. An accessory structure erected as an integral part of the principal structure shall be made structurally a part thereof, shall have a common wall therewith, and shall comply in all respects with the requirements of the building code applicable to the principal structure. (3) Height and Setback Restrictions. Accessory structures 10 feet or less in height shall maintain a minimum side setback of 3 feet and a minimum rear setback of 5 feet from the property lines. Accessory structures greater than 10 feet in height shall meet the setback requirements of the zoning district in which it is located. All accessory structures shall conform to the front setbacks of the zoning district in which is it located. (4) Build -to Zones. Accessory structures shall be exempt from meeting the requirements of the build - to zone in any zoning district. (5) Size of Accessory Structure(s). An accessory structure(s) shall be 50% or less of the size of the principal structure. Any accessory structure(s) requested that is greater than 50% the size of the principal structure shall be allowed only as a conditional use and shall be granted in accordance with §163, governing applications of conditional use procedures; and upon the finding that the requested structure is designed to be compatible with the principal structure on the property and those on surrounding properties. Accessory structures that exceed 50% of the size of the principal structure shall meet the setback requirements of the zoning district in which it is located. (6) Shared Accessory Structures. Shared accessory structures may be constructed across common property lines subject to all building and fire codes Building setbacks for shared accessory structures may be administratively varied to permit zero lot line development. Easement for driveway access and maintenance of the structure and driveway shall be provided prior to building permit. For purposes of calculating size of shared accessary structures, only that portion of the shared accesso structure on the lot with the principal !tructure shall count toward the maximum allowable size. (B) Swimming Pools. Swimming pools shall not be located in any required front setback. (Code 1965, App. A., Art. 7 (1); Ord. No 1747, 6-29-70; Ord No. 2177, 12-16-75; Ord, No. 3131, 10-1- 85; Code 1991, §160.076; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4817, 1-3-06; Ord. No. 5239, 5-5- 09; Ord. No. 5592, 06-18-13) Page 1 IShared Accessory BuNdinrg I Access and Maintenance Easement property Boundary F f I , 1 I � i i � I e , , � ! I A I s � e 3 I I ( i i i 50 ft i (shared accessary building j 4 1 # 6 I i p common property boundary, typ i 1 r' access and r maintenance � easement r r I I # r r 1 1 I 1 I 1 1 F 1 5 1 1 I # 1 # r # e i s r r I I � 1 ) r I 1 I r I r RECEIVED FEB 2 3 2017 NORTHWETARKANsAs CC TY CLERKES OFFICE Democrat aett�e 6JX -.6 y'_ 1I c A ,2,;1'2 t 1�R i tN W D r 011 r AFFIDAVIT OF PUBLICATION I Karen Caler, 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. 5950 Was inserted in the Regular Edition on: February 16, 2017 Publication Charges: $ 79.30 +"u I cz� cac-a-) Karen Caler Subscribed and sworn to before me This Zvday of JZb , 2017. ea -u-, Gwt_� Notary Public My Commission Expires: ZIP 1& 24 _ i�;7"i 18 l �, ?0, 2024 Pia **NOTE** Please do not pay from Affidavit. Invoice will be sent. Ordinance: 5950 File Number: 2016-0524 AMEND §164.02 ACCESSORY STRUCTURES AND USES: AN ORDINANCE TO AMEND § 164.02 ACCESSORY STRUCTURES AND USES OF THE UNIFIED DEVELOPMENT CODE TO ALLOW THE CONSTRUCTION OF SHARED ACCESSORY STRUCTURES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of Fayetteville, Arkansas hereby amends §164.02 Accessory Structures and Uses of the Unified Development Code by enacting a new subsection (A)(6) as follows: Shared Accessory Structures. Shared accessory structures may be constructed across common property lines, subject to all building and fire codes. Building setbacks for shared accessory structures may be administratively varied to permit zero lot line development. Easements for driveway access and maintenance of the structure and driveway shall be provided prior to the issuance of a building permit. For purposes of calculating size of shared accessory structures, only that portion of the shared accessory structure on the lot with the principal structure shall count toward the maximum allowable size. PASSED and APPROVED on 2/7/2017 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 74025636 Feb. 16, 2017