HomeMy WebLinkAboutOrdinance 6520of carErrF
form 1'"i
4RK4 NS PS
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6520
File Number: 2021-1039
AMEND § 151.01 DEFINITIONS, § 164.19 ACCESSORY DWELLING UNITS (ADU)
AND §164.22 CLUSTER HOUSING DEVELOPMENT:
AN ORDINANCE TO AMEND § 151.01 DEFINITIONS, § 164.19 ACCESSORY
DWELLING UNITS (ADU) AND §164.22 CLUSTER HOUSING DEVELOPMENT OF THE
FAYETTEVILLE JNIFIED DEVELOPMENT CODE TO AMEND REQUIREMENTS FOP.
ACCESSORY DWELLING UNITS
WHEREAS, the regulatory requirements placed by the City of Fayetteville on Accessory Dwelling
Units (ADUs) have resulted in a continuation of permitted or constructed units lower than staff
anticipated and well below the potential to meaningfully impact housing options; and
WHEREAS, many property owners are looking for sources of income to pay mortgages and rising
property taxes, and ADUs can serve this purpose while also contributing to the citywide variety of
housing options in otherwise low -density areas; and
WHEREAS, ADUs can promote incremental increases in housing and density and complement
existing housing sock in tern of scale and impact and can also afford existing property owners the
opportunity to stay in their homes and not disrupt the fabric of the overall community; and
WHEREAS, these amendments, which the Planning Commission forwarded to the City Council with
a unanimous vote recommending approval, will allow increased flexibility in the ADU development
stancards to encourage additional use of this housing type throughout the city, thereby increasing
access to affordable and attainable housing types.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Page 1 Printed on 1121122
Ordinance: 6520
File Number: 2021-1039
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends §151.01
Definitions by repealing the definition of "Accessory Use or structure" and enacts a new definition as
follows:
"Accessory use or structure. A use or structure on the same lot with, of a nature and size of 5O% or
less, and customarily incidental and subordinate to, the principal use or structure. An accessory
dwelling is not subject to the 50% size limit in relation to a principal use or structure."
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 151.01
Definitions by repealing the definition of "Dwelling, accessory (zoning, supplemental zonin')" and
enacting a new definition as follows:
"Dwelling, accessory (zoning, supplemental zoning). A separate, complete housekeeping urit with a
separate entrance, kitchen, sleeping area, and full bathroom facilities, which is an attached or detached
extension to a single- or two-family structure."
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (13)(7)
(b) in § 164.19 Accessory Dwelling Units (ADU) and enacts a new (13)(7)(b) as follows:
"(b) An attached accessory dwelling unit may occupy a basement, first or second story of a principal
dwelling unit."
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (E) in
§ 164.19 Accessory Dwelling Units (ADU) and enacts a replacement (E) as follows:
"(E) Planning Commission Approval. An applicant may request approval from the Planning
Commission of a Hariance to the number of detached accessory dwellings on a lot to a maximum of
two (2) and the requirements for size (square feet), height, and materials for an accessory dwelling unit,
where unique circumstances exist and the effect will not adversely affect adjoining or neighboring
property owners. -he applicant shall provide notification to adjacent property owners prior t--) the date
of the meeting."
Section 5: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (E)(7)
in § 164.22 Cluster Housing Development and enacts a replacement (E)(7) as follows:
"(7) Accessory Dv�elling Units. Accessory dwelling units are permitted in cluster housing
developments by conditional use. Where a cluster housing development is permitted as a conditional
use, accessory dwelling units may be requested within the same application.'
Page 2 Printed on 1121122
Ordinance: 6520
File Number: 2021-1039
PASSED and APPROVED on 1/18/21022
Attest:
GOER K
• F,,11 'm—
Kara Paxton, City Clerk Treasurerfz�VILLE
•
Page 3 Printed on 1121122
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2021-1039
Agenda Date: 1/18/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: B.2
AMEND § 151.01 DEFINITIONS, § 164.19 ACCESSORY DWELLING UNITS (ADU) AND
§164.22 CLUSTER HOUSING DEVELOPMENT:
AN ORDINANCE TO AMEND § 151.01 DEFINITIONS, § 164.19 ACCESSORY DWELLING
UNITS (ADU) AND § 164.22 CLUSTER HOUSING DEVELOPMENT OF THE FAYETTEVILLE
UNIFIED DEVELOPMENT CODE TO AMEND REQUIREMENTS FOR ACCESSORY DWELLING
UNITS
WHEREAS, the regulatory requirements placed by the City of Fayetteville on Accessory Dwelling Units
(ADUs) have resulted in a continuation of permitted or constructed units lower than staff anticipated and well
below the potential to meaningfully impact housing options; and
WHEREAS, many property owners are looking for sources of income to pay mortgages and rising property
taxes, and ADUs can serve this purpose while also contributing to the citywide variety of housing options in
otherwise low -density areas; and
WHEREAS, ADUs can promote incremental increases in housing and density and complement existing
housing stock in term of scale and impact and can also afford existing property owners the opportunity to stay
in their homes and not disrupt the fabric of the overall community; and
WHEREAS, these amendments, which the Planning Commission forwarded to the City Council with a
unanimous vote recommending approval, will allow increased flexibility in the ADU development standards to
encourage additional use of this housing type throughout the city, thereby increasing access to affordable and
attainable housing types.
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 amends § 151.01 Definitions by
repealing the definition of "Accessory Use or structure" and enacts a new definition as follows:
"Accessory use or structure. A use or structure on the same lot with, of a nature and size of 50% or less, and
customarily incidental and subordinate to, the principal use or structure. An accessory dwelling is not subject to
the 50% size limit in relation to a principal use or structure."
City of Fayetteville, Arkansas Page 1 Printed on 111912022
File Number: 2021-1039
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 151.01 Definitions by
repealing the definition of "Dwelling, accessory (zoning, supplemental zoning)" and enacting a new definition as
follows:
"Dwelling, accessory (zoning, supplemental zoning). A separate, complete housekeeping unit with a separate
entrance, kitchen, sleeping area, and full bathroom facilities, which is an attached or detached extension to a
single- or two-family structure."
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends subsection (D)(4) in
§ 164.19 Accessory Dwelling Units (ADU) by changing the maximum number of detached ADUs from "one
(1)" to "two (2)" as follows:
"(4) Maximum Number of Accessory Dwelling Units per Lot. A maximum of two (2) detached and one (1)
attached or interior accessory dwelling unit provided the combined square footage does not exceed 1,200
square feet."
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (D)(7)(b) in
§ 164.19 Accessory Dwelling Units (ADU) and enacts a new (D)(7)(b) as follows:
"(b) An attached accessory dwelling unit may occupy a basement, first or second story of a principal dwelling
unit."
Section 5: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (E)(7) in
§ 164.22 Cluster Housing Development and enacts a replacement (E)(7) as follows:
"(7) Accessory Dwelling Units. Accessory dwelling units are permitted in cluster housing developments by
conditional use. Where a cluster housing development is permitted as a conditional use, accessory dwelling units
may be requested within the same application.'
City of Fayetteville, Arkansas Page 2 Printed on 111912022
City of Fayetteville Staff Review Form
2021-1039
Legistar File ID
1/4/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jonathan Curth 12/17/2021 LONG RANGE PLANNING (634)
Submitted By Submitted Date Division / Department
Action Recommendation:
ADM-2021-000070: Administrative Item: (Amend UDC Chapter 164 - Accessory Dwelling Units): Submitted by CITY
STAFF AND THE PLANNING COMMISSION. The proposed code change would amend requirements for ADUs
allowing three ADU's per property, ADU's in association with duplexes, ADU roof lines higher than the property's
principal structure, ADU's as a conditional use in cluster housing developments, and removing the size limit related
to the principal structure.
Account Number
Project Number
Budgeted Item? No
Does item have a cost? No
Budget Adjustment Attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Fund
Project Title
Current Budget $ -
Funds Obligated $ -
Current Balance
Item Cost $ -
Budget Adjustment $ -
Remaining Budget
V20210527
Previous Ordinance or Resolution #
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JANUARY 4, 2022
TO: Mayor; Fayetteville City Council
THRU: Susan Norton, Chief of Staff
FROM: Jonathan Curth, Development Services Director
Fayetteville Planning Commission
DATE: December 17, 2021
CITY COUNCIL MEMO
SUBJECT: ADM-2021-000070: Administrative Item: (Amend UDC Chapter 164 -
Accessory Dwelling Units): Submitted by CITY STAFF AND THE PLANNING
COMMISSION. The proposed code change would amend requirements for ADUs
allowing three ADU's per property, ADU's in association with duplexes, ADU roof
lines higher than the property's principal structure, ADU's as a conditional use in
cluster housing developments, and removing the size limit related to the principal
structure.
RECOMMENDATION:
City staff and the Planning Commission recommend approval of an amendment to §151.01,
Definitions, §164.19, Accessory Dwelling Units, and §164.22 Cluster Housing Development, of
the Unified Development Code, as described within this report.
BACKGROUND:
Beginning in 2008, Fayetteville enacted an ordinance to address housing needs and encourage
appropriate infill through accessory dwelling unit (ADU) construction. Initial efforts met with
limited success, as measured by the small number of ADUs. Between 2008 and 2018, 1-2 ADU
applications were made annually. The primary reasons identified for this included the original
ordinance's requirement for separate utility metering, deed restriction mandating the owner
would live on the property, and minimum parking standards, regardless of ADU size.
Subsequently, in 2018 the City Council repealed the 2008 ordinance and replaced it. Along with
numerous other changes, deed restrictions were removed, parking standards were loosened,
shared utility metering was allowed, and up to two ADUs were permitted with a single-family
detached home. These changes saw an increase in ADU permits and construction, with the
average annual number of permitted units increasing to nine. However, these still represent a
small proportion of the housing needs within Fayetteville.
With adoption of City Plan 2040, Fayetteville's comprehensive plan, the overall goal to "create
opportunities for attainable housing" and the specific objective to "make housing relatively more
affordable by influencing cost of living items" were affirmed. Reducing restrictions on the ability
to creatively build infill housing, including various types of ADUs, can increase the availability of
different types of housing stock through lower up -front costs for construction and property
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
acquisition. This, in turn, may lower the cost of rental units citywide, and especially in already
developed, walkable downtown areas.
DISCUSSION:
The regulatory requirements placed by the City of Fayetteville on ADUs have resulted in a
continuation of permitted or constructed units lower than staff anticipated and well below the
potential to meaningfully impact housing options. Staff has seen the lack of affordable and
flexible housing play out in real time while working through the short-term rental ordinance
coupled with the supply -chain and affordability issues highlighted during the COVID-19
pandemic. Many property owners are looking for sources of income to pay mortgages and rising
property taxes, and ADUs can serve this purpose while also contributing to the citywide variety
of housing options in otherwise low -density areas. With well over half of Fayetteville zoned
exclusively for single-family homes, ADUs can promote incremental increases in housing and
density and complement existing housing stock in term of scale and impact. ADUs can afford
existing property owners the opportunity to stay in their homes and not disrupt the fabric of the
overall community.
The proposed ordinance revisions represent a continuation of the gradual easing in
Fayetteville's ADU standards that began in 2008. At that time, the onerous requirements
summarized above hamstrung ADU construction. The adopted changes in 2018 reduced
regulation, but clearly not to the extent anticipated, as demonstrated by permit numbers
averaging 9 ADUs a year. This amendment represents a next step, with changes including:
• Revise the definition of an "accessory use or structure" to exempt accessory dwelling
units from the size limit in relation to a property's principal dwelling.
• Revise the definition of "dwelling, accessory" to permit accessory dwelling unit
construction in association with 2-family dwellings.
• Allow three accessory dwellings, two detached and one attached, per lot.
• Remove the height limitation on second -story attached accessory dwellings where the
roofline may exceed that of the principal dwelling.
• Permit accessory dwelling units as a conditional use within cluster housing
developments where they are currently prohibited.
Ultimately, the focus of this revision is to allow increased flexibility in the ADU development
standards to encourage additional use of this housing type throughout the city, thereby
increasing access to affordable and attainable housing types.
At their October 25, 2021 meeting, the Planning Commission expressed concern that the
amendment staff proposed did not reflect the full extent of issues identified by the Long -Range
Committee. Additional changes were outlined to staff before the item was tabled to afford time to
make revisions.
At the subsequent public hearing on November 8, 2021, the Planning Commission evaluated the
amendment described above before forwarding to the City Council, recommending approval.
Commission Belden made the motion to forward with Commission Canada providing the second.
A vote of 9-0-0 followed. Discussion was held on all aspects of the amendment, with particular
focus on potential revisions to the off-street parking requirements for ADUs. Ultimately the
Commission determined that the current standard for one off-street space for units over 800-
square feet is appropriate. No public comment was made at either Planning Commission meeting
or the preceding Long -Range Committee meetings.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Proposed Ordinance Amendment in Strikeout/Highlight
151.01 Definitions
EXHIBIT `A'
ADM-2021-000070
A
Accessory use or structure. A use or structure on the same lot with, of a nature and size of 50% or less, and
customarily incidental and subordinate to, the principal use or structure. An accessory dwelling is not subject to
the 50% size limit in relation to a principal use or structure.
la
Dwelling, accessory (zoning, supplemental zoning). A separate, complete housekeeping unit with a separate
entrance, kitchen, sleeping area, and full bathroom facilities, which is an attached or detached extension to a
single- or two-family structure.
164.19 Accessory Dwelling Units (ADU)
(C) (1) The property shall have infrastructure (water, sewer, gas, electric, etc.) that meets City standards to
serve the accessory dwelling unit.
(D) Administrative Design Review and Approval. All accessory dwelling units shall meet the following standards
for administrative approval by the Zoning and Development Administrator. Prior to approval of an accessory
dwelling unit, the Zoning and Development Administrator shall find that:
(4) Maximum Number of Accessory Dwelling Units per Lot. A maximum of two (2) detached and one (1)
attached or interior accessory dwelling unit provided the combined square footage does not exceed
1,200 square feet.
(7) Building Height and Stories.
(b) An attached accessory dwelling unit may occupy a basement, first or second story of a principal
dwelling unit.
CI
164.22 Cluster Housing Development
(E) Zoning Regulations. The parent tract prior to development shall conform to the zoning criteria of the
underlying zoning district.
(7) Accessory Dwelling Units. Accessory dwelling units are permitted in cluster housing developments by
conditional use. Where a cluster housing development is permitted as a conditional use, accessory
dwelling units may be requested within the same application.
151.01 Definitions
Proposed Ordinance Amendment in Strikeout/Highlight
A
Accessory use or structure. A use or structure on the same lot with, of a nature and size of 50% or less, and
customarily incidental and subordinate to, the principal use or structure. An accessory dwelling is not subject to
the 50% size limit in relation to a principal use or structure.
la
Dwelling, accessory (zoning, supplemental zoning). A separate, complete housekeeping unit with a separate
entrance, kitchen, sleeping area, and full bathroom facilities, which is an attached or detached extension to a
single- or two-family structure.
(Code 1965, §§13A-1; 13B-1; 17B-7(a0, 19-24, 1713-2; App. A, Art. 17; App. B, §1; App. C, Art. 1, §D; Ord. No. 1509, 8-8-66; Ord.
No. 1747, 6-20-70; Ord. No. 1790, 3-15-71; Ord. No. 1801, 6-21-71; Ord. No. 1859, 3-20-72; Ord. No. 1893, 12-19-72; Ord. No.
1998, 5-7-74; Ord. No. 2581, 12-4-79; Ord. No. 2697, 1-20-81; Ord. No. 2753, 8-18-81; Ord. No. 2789, 1-18-82; Ord. No. 2934, 8-
2-83; Ord. No. 2948, 9-20-83; Ord. No. 3011, 6-5-84; Ord. No. 3024, 8-21-84; Ord. No. 3231, 12-2-86; Ord. No. 4024, §2, 3-28-
87; Ord. No. 3298, 10-6-87; Code 1991, §§98.60, 118.01, 150.02, 156.001, 156.065, 158.03, 158.35, 159.04, 160.002,
160.096(A), 160.121, 161.06, 162.02, 163.02; Ord. No. 3551, 6-4-91; Ord. No. 3138, 11-5-85; Ord. No. 3165, 2-4-86; Ord. No.
3699, §2, 4-20-93; Ord. No. 3780, §1, 4-19-94; Ord. No. 3794, §1 5-17-94; Ord. No. 3870, §1, 4-1-94; Ord. No. 3895, 6-20-95;
Ord. No. 3901, §1, 2, 7-5-95; Ord. No. 3908, §1, 7-18-95; Ord. No. 3970, §1, 7-18-95; Ord. No. 3913, §1, 8-1-95; Ord. No. 3963,
§1, 4-16-96; Ord. No. 3970, §1, 5-7-96; Ord. No. 3971, §1, 5-21-96; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4113, 8-18-98;
Ord. No. 4127, 12-15-98; Ord. No. 4178, 8-31-99; Ord. No. 4226, 2-15-00; Ord. No. 4285, 1-2-01; Ord. No. 4321, 6-19-01; Ord.
No. 4340, 10-2-01; Ord. 4714, 6-21-05; Ord. No. 4817, 1-03-06; Ord. No. 4847, 3-7-06; Ord. No. 4855, 4-18-06; Ord. No. 4919,
09-05-06; Ord. No. 4930, 10-03-06; Ord. No. 5028, 6-19-07; Ord. No. 5029, 6-19-07; Ord. No. 5056, 9-04-07; Ord. No. 5128, 4-
15-08; Ord. No. 5206, 12-16-08; Ord. No. 5238, 5-5-09; Ord. No. 5296, 12-15-09; Ord. No. 5304; 1-19-10; Ord. No. 5312, 4-20-
10; Ord. No. 5313, 4-20-10; Ord. No. 5327. 6-1-10; Ord. No. 5339, 8-3-10; Ord. No. 5352, 9-7-10; Ord. No. 5348, 9-7-10; Ord. No.
5375, 12-21-10; Ord. No. 5453, 10-18-11; Ord. No. 5490, 4-3-12; Ord. No. 5526 9-18-12; Ord. No. 5559, 01-03-13; Ord. No.
5592, 06-18-13; Ord. No. 5634, 11-05-13; Ord. No. 5653, 01-21-14; Ord. No. 5679, 4-15-14; Ord. No. 5735, 1-20-15; Ord. No.
5793, 8-18-15; Ord. No. 5866, §1, 4-5-16; Ord. No. 5888, §1, 6-21-16; Ord. No. 5901, §1, 9-6-16; Ord. No. 5951, §1, 2-7-17;
Ord. No. 5986 , §3, 7-6-17; Ord. No. 6015 , §2, 11-21-17; Ord. No. 6087 , §1, 9-4-18; Ord. No. 6245 , §1, 10-15-19; Ord. No. 6350
, §2(Exh. A), 8-18-20; Ord. No. 6407 §1, 1-19-21; Ord. No. 6427, §§1(Exh. B), 2, 4-20-21; Ord. No. 6440, §1, 5-18-21; Ord. No.
6442, §7(Exh. G), 6-1-21; Ord. No. 6446, §2(Exh. A), 6-15-21)
Editor's note(s)-Ord. No. 6427, § 2, adopted April 20, 2021, "determines that this ordinance and all amendments
to Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated,
and become void twenty (20) months after the passage and approval of this ordinance, unless prior to that
date, the City Council amends this ordinance to repeal this sunset, repeal and termination section."
164.19 Accessory Dwelling Units (ADU)
(A) Purpose. Accessory dwelling units are allowed in certain situations to:
• Create new housing units while respecting the character and pattern of small scale traditional town
form;
• Increase the housing stock of existing neighborhoods in a manner that is compatible with established
massing, scale, and development patterns;
• Allow more efficient use of existing housing stock and infrastructure;
• Provide a means for residents, particularly seniors, single parents, and families with grown children, to
remain in their homes and neighborhoods, and obtain extra income, security, companionship and
services; and
• Provide a broader range of accessible and more attainable housing.
(B) Intent. Planning staff shall evaluate the following criteria for the review and approval of an accessory
dwelling unit application:
(C) (1) ; ;The property shall have infrastructure (water, sewer, gas, electric, etc.) that meets City standards to
serve the accessory dwelling unit.
(2) A two (2) story accessory dwelling unit shall limit the major access stairs, decks, entry doors, and major
windows to the walls facing the principal dwelling, or to the alley if applicable. Windows that impact
the privacy of the neighboring side or rear yard shall be minimized.
(3) The orientation and location of buildings, structures, open spaces and other features of the site should
protect and maintain natural resources including significant trees and shrubs to the extent feasible and
minimize alteration of natural land forms. Building profiles, location and orientation should relate to
natural land forms.
(D) Administrative Design Review and Approval. All accessory dwelling units shall meet the following standards
for administrative approval by the Zoning and Development Administrator. Prior to approval of an accessory
dwelling unit, the Zoning and Development Administrator shall find that:
(1) Maximum Square Feet. The accessory dwelling unit(s) shall not be greater than 1,200 square feet of
habitable space per lot.
(2) Zoning. The accessory dwelling unit shall comply with all underlying zoning requirements including but
not limited to building area, bulk and area, and setbacks with the exception of density limits.
(3) Parking. For accessory dwelling unit(s) with individual or combined habitable space greater than 800
square feet, one (1) parking space shall be provided on -site. Required parking for the accessory
dwelling unit is in addition to the required parking for the principal dwelling unit. On -street parking
may be counted towards the total parking requirement where it is allowed in the public right-of-way
adjacent to the subject property.
(4) Maximum Number of Accessory Dwelling Units per Lot. A maximum of two (2) GRe-(1) detached and
one (1) attached or interior accessory dwelling unit provided the combined square footage does not
exceed 1,200 square feet.
(5) Other Code Requirements. The accessory dwelling unit shall comply with the requirements of the
Arkansas Fire Prevention Code as adopted in Section 173.02 of the Unified Development Code.
(6) Maximum Occupancy of the Accessory Dwelling Unit. A maximum of two (2) persons shall be permitted
to reside in an accessory dwelling unit. If two (2) accessory dwelling units are on the same lot, only two
(2) additional persons total for the lot shall be permitted to occupy these units unless one (1) accessory
dwelling is occupied by a person who is a member of the related "family" (see §151.01) occupying the
primary house.
(7) Building Height and Stories.
(a) A detached accessory dwelling unit shall be a maximum of two (2) stories.
(b) An attached accessory dwelling unit may occupy a basement, first or second story of a principal
dwelling unit Rd swill' RA-t b F..ii... th;1R %h reef IiRe „c Fh pFineipal awell:..g URM+
(E) Planning Commission Approval. An applicant may request approval from the Planning Commission of a
variance from the maximum requirements for size (square feet), height, and materials for an accessory
dwelling unit, where unique circumstances exist and the effect will not adversely affect adjoining or
neighboring property owners. The applicant shall provide notification to adjacent property owners prior to
the date of the meeting.
(F) Existing Detached Second (Accessory) Dwelling Units. Existing detached second dwelling units approved by
the Planning Commission by conditional use and constructed shall be considered a legal conforming
accessory dwelling on the property.
(Ord. No. 6076, §1, 8-7-18)
Editor's note(s)—Ord. No. 6076, §1, adopted Aug. 7, 2018, repealed the former §164.19, and enacted a new
§164.19 as set out herein. The former §164.19 pertained to similar subject matter and derived from Ord. No.
5128, adopted April 15, 2008; Ord. No. 5866, §2, adopted April 5, 2016.
164.22 Cluster Housing Development
(A) Purpose. The purpose of the cluster housing development ordinance is to encourage innovation and variety
in housing while ensuring compatibility with established neighborhoods, and to provide housing
opportunities for a population diverse in age, income and household size.
(B) Applicability. The provisions of this section shall apply to proposed cluster housing development proposals,
as defined in Chapter 162, Use Units, and authorized by Chapter 161, Zoning Regulations of the Unified
Development Code, however zoning and development regulations such as density, bulk and area, building
area, street frontage requirements, lot splits and other standards for cluster housing development are
enforced subject to the criteria adopted in this chapter.
(C) Development Review Process. For the purpose of development review, cluster housing developments less
than one (1) acre shall be processed as a site improvement plan. Cluster housing development on lots one (1)
acre or larger shall be processed as a large scale development. If individual cluster housing unit lots are
proposed and the proposal meets all of the requirements in this section, the subdivision shall be processed
through the subdivision platting process as a lot split regardless of the number of lots created.
(D) Dwellings Permitted.
(1) Number of Cluster Housing Units Permitted. A cluster housing development shall contain a maximum of
twelve (12) dwelling units. In multi -family zones where the proposed cluster housing development
exceeds the minimum open space requirements of 164.22(G)(3)(a) by at least 20%, and in which at
least 75% of the planned units are attached dwellings, there shall be no maximum number of dwelling
units, except to conform to the density limitations herein.
(2) Existing Nonconforming Structures. On a lot to be used for a cluster housing development, existing
detached single-family residential structures, which may be nonconforming with respect to the
standards of this section, shall be permitted to remain, but the extent of the nonconformity may not be
increased. Such nonconforming dwelling units shall be included in the maximum permitted cluster
density.
(E) Zoning Regulations. The parent tract prior to development shall conform to the zoning criteria of the
underlying zoning district.
(1) Permitted and Conditional Use. Cluster housing development is permitted as identified in Chapter 161,
Zoning Regulations, as a permitted or conditional use.
(2) Density. Cluster housing development permitted as a use by right shall be allowed a density in
conformance with the underlying zoning district. Zoning districts that allow cluster housing
developments as a conditional use shall be allowed a density not to exceed two (2) times the maximum
density allowed in the underlying zoning district.
(3) Bulk and Area Regulations.
(a) Lot Width Minimum. There is no lot width requirement for individual cluster housing lots.
(b) Lot Area Minimum. The lot area minimum for cluster housing lots is 750 square feet.
(c) Land Area per Dwelling Unit. The land area per dwelling unit requirement is 750 square feet.
(4) Setback Requirements. All structures shall meet setback and separation requirements of the
International Building Code, as applicable. For zoning purposes:
(a) In single family districts, all cluster housing units shall have a minimum separation from one
another of ten feet measured from exterior wall to exterior wall, not counting eaves or other
architectural projections.
(b) In multi -family districts, there are no separation requirements from one cluster housing structure
to another.
(c) The setbacks from the exterior property lines of the original parent tract shall be set by the
underlying zoning district.
(5) Building Height Regulations. The height for all structures in a cluster housing development shall not
exceed the permitted height requirement of the underlying zoning district.
(6) Building Area. None.
(7) Accessory Dwelling Units. Accessory dwelling units are wet permitted in cluster housing developments
by conditional use. Where a cluster housing development is permitted as a conditional use,
accessory dwelling units may be requested within the same application.
(F) Common Property Maintenance. Community buildings, parking areas and common open space shall be
owned and maintained commonly by the cluster housing development residents, through a condominium
association, a homeowners' association or a similar mechanism, and shall not be dedicated to the city unless
accepted by the City Council.
(G) Development Standards. All cluster housing developments are subject to the following standards:
(1) Floor Area. The total conditioned floor area of any individual cluster housing unit shall not exceed
2,500 square feet.
(2) Building Orientation. A minimum of 75% of dwelling units in a cluster housing development shall be
oriented around and face the common open space, a public trail or towards the street, having
pedestrian access to the common open space and the street. Where a cluster housing unit fronts onto
a public trail, the fagade facing the public trail shall be considered a principal fagade for the purposes of
meeting design standards.
(3) Open Space.
(a) For units up to 1,500 square feet, a minimum of 250 square feet of common open space shall be
provided per unit. For units exceeding 1,500 square feet and up to 2,000 square feet, 500 square
feet of common open space shall be required per unit. For units exceeding 2,000 square feet, 750
square feet of common open space shall be required per unit. Common open space is subject to
the following performance criteria:
(i) No dimension of a common open space area used to satisfy the minimum square footage
requirement shall be less than ten feet.
(ii) Required common open space shall be divided into no more than two (2) separate areas per
cluster of dwelling units.
(iii) Common open space shall be improved for passive or active recreational use, garden/food
production, social gathering spaces or landscaped areas. Examples may include but are not
limited to courtyards, orchards, landscaped picnic areas, plazas or gardens. A detailed site plan of
the common open space depicting the design and amenities of the space shall be reviewed with
the site plan for approval.
10
(iv) Amenities such as permanent or movable seating, landscaping, trails and paths, barbeque or
eating facilities, covered shelters or water features shall be included within the common open
space. Low Impact Development stormwater management facilities may be placed within the
common open space when they are integrated with the amenities listed above.
(b) Each cluster housing unit shall be provided with a private open space of 250 square feet with no
dimension of less than ten feet. Private open space should be contiguous to each dwelling unit,
for the exclusive use of each respective resident. In multi -family zones in which at least 75% of
the planned units are attached dwellings, private open space shall not be required where the
development exceeds the minimum open space requirements of (G)(3)(a) by at least 20% and it
can be demonstrated that each unit has easily available access to open space amenities.
(c) Parking areas and driveways shall not be counted as open space.
(4) Fences. Fencing located between a cluster housing unit and a public street or trail or the common open
space shall not exceed 48 inches in height.
(5) Parking Requirements and Standards. Parking areas should be located within the cluster housing
development in such a way as to maintain the character along the public street and to minimize the
noise and light impacts on private residences and public spaces. Reductions in parking space
allowances are permitted in cluster housing developments as described in Chapter 172, Parking and
Loading. Permitted on -street parking spaces adjacent to a project's frontage may count towards the
parking requirements of the development. Parking standards for cluster housing developments shall be
as follows:
(a) The owner/developer may choose to supply one (1) parking space per bedroom for his or her
entire cluster housing development. Otherwise, the required number of parking spaces shall be
determined according to the square footage of the cluster housing unit as described below:
(i) Dwelling units less than 1,000 square feet shall have one and one-half (1.5) parking spaces
provided.
(ii) Dwelling units over 1,000 square feet shall have two (2) parking spaces provided.
(b) Shared covered parking shall be designed to be similar and compatible to the design, materials
and roof pitches used for the cluster housing units.
(6) Cluster housing developments shall provide at least one (1) bicycle parking rack per cluster housing
unit.
(7) Fire Department Access. Fire Department access shall be determined at the time of development
review.
(8) Pedestrian Connectivity. All buildings and common spaces shall be served by a pedestrian circulation
system that connects to an existing or planned sidewalk or trail system.
(9) Utilities. Individual cluster housing lots shall have a unique connection to the main water and sewer
lines. Main water and sewer lines on private property servicing cluster housing unit developments shall
be located in a dedicated easement.
(10) Community Buildings. Indoor or covered common areas less than 2,000 square feet are permitted by
right in cluster housing development. These structures shall be architecturally integrated with the
architectural style of the cluster housing development.
11
(11) Recycling and Trash Collection Service. For the purposes of recycling and trash collection cluster
housing developments are considered a residential use and should receive residential recycling and
trash collection service (individual carts and recycling bins) where possible. In certain instances, it may
be necessary to service cluster housing developments with commercial trash collection equipment
(dumpsters). This may occur when a project is located in a predominately commercial area serviced by
commercial trash pickup. It is incumbent on the developer to design recycling and trash collection
facilities into the cluster housing development plan early in the process. The final determination of
recycling and trash collection service and pick-up areas will be made at the time of development
review by the city. Specific requirements for residential and commercial trash and recycling pick-up
shall be as follows:
(a) Residential trash and recycling collection service requires a designated location near the street
curb for trash carts and recycling bins. This location shall be kept clear of obstructions on the
designated pick-up day. If this location is also used for on -street parking it shall be clearly marked
and a sign posted restricting use for the designated pick-up day. An appropriate linear distance is
required to accommodate each cluster housing unit's trash cart and recycling bin, subject to city
approval.
(b) Commercial trash collection service requires a dumpster location that is freely accessible for front
end loading and screened from public view.
(c) Recycling and trash facilities shall be located behind the front building setback line and shall be
screened from the right-of-way and adjacent property owners by either architectural treatments
or vegetative screening.
(H) Building Design Standards.
(1) Variety in Detached Cluster Housing Units Floor Plans and Architectural Treatments. These standards
are intended to avoid the overly repetitive use of the same building design, structural features,
detailing or finishes among detached units within the cluster housing development. In cluster housing
developments no two (2) structures shall be identical in terms of exterior finishes. All cluster housing
units shall differ from each other by utilizing at least two (2) of the following options:
(a) Variations in building material finishes such as clapboard, shake shingles, stone, brick, etc., and
building color;
(b) Variations in adjacent cluster housing unit floor plans that alter the location of exterior windows
and doors;
(c) Variations in the size of main floor area and/or building height of adjacent structures; or
(d) A front porch with a minimum width no less than 50% of the front building fagade. Front porches
shall have a minimum depth of six feet. No structurally identical front porches shall be located on
adjacent cluster housing units.
(e) Variations in roof shapes or gables between adjacent structures.
(f) Other variations as approved by the Zoning and Development Administrator.
(2) All attached cluster housing units shall comply with §166.23, Urban Residential Design Standards.
Where a cluster housing unit fronts onto a public trail or open space, the fagade facing the public trail
or open space shall be considered a principal fagade, for the purposes of meeting this section.
12
(1) Variances From the Minimum Cluster Housing Development Requirements. Variances of this section, Cluster
Housing Development, shall be administered as normal development regulations for variances of General
Design Standards, except that (E) Zoning Regulations shall be administered as zoning regulations for variance
purposes.
(Ord. No. 5921, §5(Exh. A), 11-1-16; Ord. No. 6067, §1, 5-1-18)
Editor's note(s)—Ord. No. 5921, §5(Exh. A), adopted Nov. 1, 2016, repealed §164.22 and added a new
section as set out herein. The former §164.22 pertained to cottage housing development and derived
from Ord. No. 5462, adopted Dec. 6, 2011.
13
NORTHWETARKAWSAS
Democratqmmw� 0azette
11110100M
PO 30X 1007. FA.Y_i?EJLLE AP KIC2, 4?9 dd2-1- F F:4%s.695-1?10 • ffdlVi Si'iA0 EOM
AFFIDAVIT OF PUBLICATION
1, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the Northwest Arkansas
Democrat -Gazette, a daily newspaper printed and published in said County, State of Arkansas; that I was so
related to this publication at and during the publication of the annexed legal advertisement
the matter of: Notice pending in the Court, in said County, and at the dates of
the several publications of said advertisement stated below,
and that during said periods and at said dates, said newspaper
was printed and had a bona fide circulation in said County-,
that said newspaper had been regularly printed and published
in said County, and had a bona fide circulation therein for the
period of one month before the date of the first publication of
said ,advertisement; and that said advertisement was published
in the regular daily issues of said newspaper as stated below.
City of Fayetteville
Ord 6520
Was inserted in the Regular Edition on:
January 30, 2022
Publication Charges: $294.88
Brittany mith
Subscribed and sworn to before me
This -;� \ day of j,,_ , 2022.
Cathy Wiles
Benton COUNTY
n NOTARY PUBLIC—ARKANSAS
0&,,M!)ission
ssion Expires 02-20-2024
No. 12397118
Notary Public T�-JZa I
My Commission Expires:
**NOTE** Please do not pay from Affidavit
Invoice will be sent.
Ordmance:6520
File Number: 2021-1039
AMEND § 151.01 DEFINITIONS, §
164.19 ACCESSORY DWELLING
UNITS (ADU) AND §164.22
CLUSTER HOUSING
DEVELOP 'NIENT:
AN ORDINANCE TO AMEND §
151.01 DEFfN TIONS, § 164.19
ACCESSORY DWELLING UNITS
(ADU) AND §164.22 CLUSTER
HOUSING DEVELOPMENT OF THE
FAYETTEVILLE UNIFIED
DEVELOPMENT CODE TO AMEND
REQUIREMENTS FOR ACCESSORY
DWELLING UNITS
WHEREAS, the regulatory requirements',
placed by the City of Fayetteville on
Accessory Dwelling Units (ADUs) have
resulted in a continuation of permitted or',
constructed units lower than staff
anticipated and well below the potential
to meaningfully impact housing options;
and
WHEREAS, many property owners are
looking for sources of income to pay
mortgages and rising property taxes, and
ADUs can serve this purpose while also
contributing to the citywide variety of
housing options in otherwise low -
density areas; and
WHEREAS, ADUs can promote
incremental increases in housing and
density and complement existing
housing stock in term of scale and
impact and can also afford existing
property owners the opportunity to stay
in their homes and not disrupt the fabric
of the overall community; and
WHEREAS, these amendments, which
the Planning Commission forwarded to
the City Council with a unanimom vote
recommending approval, will allow
increased flexibility in the ADU
development standards to encourage
additional use of this housing type
throughout the city, thereby increasing
access to affordable and attainable i
housing types.
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF FAYETTEVILLE,
Section 1: That the City Council of the
City of Fayetteville, Arkansas hereby
amends §151.01 Definitions by
repeating the definition of "Accessory
Use or structure" and enacts a new
definition as follows:
"Accessory use or structure. A use or
structure on the same lot with, of a
nature and size of 50%or less, and
customarily incidental and subordinate
to, the principal use or structure. An
accessory dwelling is not subject to the
50%size limit in relation to a principal
use or structure."
Section 2: That the City Council ofthe
City of Fayetteville, Arkansas hereby
amends § 151.01 Definitions by repealing
the definition of "Dwelling, accessory
(zoning, supplemental zoning)" and
enacting a new definition as follows:
"Dwelling, accessory (zoning,
supplemental zoning). A separate,
complete housekeeping unit with a
separate entrance, kitchen, sleeping area,
and full bathroom facilities, which is an
attached or detached extension to a
single- or two-family structure."
Section 3: That the City Council of the
City of Fayetteville, Arkansas hereby
repeals subsection (Dx7)
(b) in §164.19 Accessory Dwelling Units
(ADU) and enacts a new (13)(7)(b) as
follows:
"(b) An attached accessory dwelling unit
may occupy a basement, first or second
story of a principal dwelling unit."
Section 4: That the City Council of the
City of Fayetteville, Arkansas hereby
repeals subsection (E) in
§164.19 Accessory Dwelling Units
(ADU) and enacts a replacement (E) as
follows:
"(E) Planning Commission Approval. An
applicant may request approval from the
Planning Commission of a variance to the
number of detached accessory dwellings
on a lot to a maximum of two (2) and the
requirements for size (square feet),
height, and materials for an accessory
dwelling unit, where unique
circumstances exist and the effect will not
adversely affect adjoining or neighboring
property owners. The applicant shall
provide notification to adjacent property
owners prior to the date of the meeting."
Section 5: That the City Council of the
City of Fayetteville, Arkansas hereby
repeals subsection (E)(7) in §164.22
Cluster Housing Development and enacts
a replacement (Ex7) as follows:
"(7) Accessory Dwelling Units.
Accessory dwelling units are permitted in
cluster housing developments by
conditional use. Where a cluster housing
development is permitted as a conditional
use, accessory dwelling units may be
requested within the same application.'
PASSED and APPROVED on 1/18/2022
Approved:
Lionetd Jordan, Mayor
Attest:
Kara Paxton, City Clerk Treasurer
Paid for byThe City Clerk -Treasurer of
the City of Fayetteville, AR. Amount
paid: S294 88.
75511927 Jan 30,2022