Fayetteville Accessory Dwelling Unit (ADU) Development Guide
Fayetteville permits the construction of up to two Accessory Dwelling Units (ADUs) per lot with a combined maximum habitable space of 1,200 square feet. These units do not require additional off-street parking beyond what is required for the principal residence and are permitted in nearly all residential and commercial zoning districts. All Fayetteville ADUs must function as a complete independent housekeeping unit featuring a separate entrance, kitchen, sleeping area, and full bathroom [Section 151.01].
Overview and Definition
In Fayetteville, an Accessory Dwelling Unit is defined as a separate, complete housekeeping unit that serves as an attached or detached extension to a single-family or two-family structure [Section 151.01]. The Fayetteville Unified Development Code classifies these under "Use Unit 41" [Section 162.01].
The Fayetteville Unified Development Code establishes that while typical accessory structures are limited to 50% of the size of the principal structure, Accessory Dwelling Units are explicitly exempt from this 50% size limit [Section 151.01].
Technical and Development Standards
The Fayetteville Unified Development Code sets forth specific technical requirements to ensure ADUs are compatible with the surrounding neighborhood and existing infrastructure.
Dimensional and Occupancy Requirements
| Standard | Requirement |
|---|---|
| Maximum Total Size | 1,200 square feet of habitable space |
| Maximum Number of Units | Two (2) per lot |
| Minimum Unit Width | 18 feet (required specifically in RI-U and other districts) |
| Additional Parking | Not required |
| Maximum Occupancy | One (1) family |
| Building Code Compliance | Arkansas Fire Prevention Code |
| Setbacks and Height | Must follow underlying zoning district requirements |
Underlying Zoning Compliance
An Accessory Dwelling Unit in Fayetteville must comply with the bulk, area, height, and setback requirements of the specific zoning district in which it is located [Section 164.19]. For example, if a Fayetteville zoning district has a three-story height limit, the ADU must also adhere to that limit. However, ADUs are exempt from the density limits (units per acre) typically applied to the underlying district [Section 164.19].
Location and Permitted Districts
Accessory Dwelling Units are broadly permitted throughout Fayetteville. They are listed as a "Permitted Use" in the following zoning districts [Sections 161.03 — 161.32]:
- Residential Districts: R-A, RSF-.5, RSF-1, RSF-2, RSF-4, RSF-7, RSF-8, RSF-18, RI-12, RI-U, RMF-6, RMF-12, RMF-18, RMF-24, RMF-40, and NC.
- Commercial and Mixed-Use Districts: NS-L, NS-G, R-O, C-1, C-2, C-3, CS, UT, DC, MSC, and DG.
Design and Privacy Requirements
Fayetteville planning staff evaluates ADU applications based on the protection of natural resources and the privacy of neighboring properties.
- Orientation: The location and orientation of the building should relate to natural landforms and protect significant trees and shrubs [Section 164.19].
- Privacy for Neighbors: Two-story Accessory Dwelling Units must be designed to limit major access stairs, decks, entry doors, and major windows on walls that face the principal dwelling or an adjacent alley [Section 164.19].
- Accessory Structures: If an ADU is requested that exceeds 50% of the size of the principal structure (notwithstanding the general exemption), it may require a Conditional Use Permit and a finding that the structure is compatible with the surrounding properties [Section 164.02].
Review and Approval Process
Fayetteville utilizes an Administrative Design Review for most ADU applications. The Zoning and Development Administrator may approve the unit if it meets all standards regarding size, parking, and building codes.
If a property owner seeks a variance from the maximum size or height requirements, they must apply for Planning Commission Approval. During this process, the applicant is required to provide notification to all adjacent property owners prior to the public meeting [Section 164.19].
Sections Cited
- 151.01 Definitions
- 161.03 — 161.32 District Regulations (R-A through NC)
- 162.01 Use Units
- 164.02 Accessory Structures and Uses
- 164.19 Accessory Dwelling Units (ADU)