Fayetteville Accessory Structure and Detached Garage Setback Requirements
In the City of Fayetteville, detached accessory structures and garages that are 10 feet or less in height must maintain a minimum side setback of 3 feet and a minimum rear setback of 5 feet. For any accessory structure greater than 10 feet in height, the City of Fayetteville requires the building to meet the standard side and rear setback requirements of its specific zoning district. All accessory structures, regardless of height, must adhere to the same front setback requirements as the principal building in that district [Section 164.02].
General Rules for Accessory Structures in Fayetteville
Under the Fayetteville Unified Development Code (UDC), an accessory structure is defined as a building on the same lot that is customarily incidental and subordinate to the principal structure, typically comprising 50% or less of the principal building's size [Section 151.01].
The following general conditions apply to the placement of these structures:
- Timing of Construction: An accessory structure cannot be erected on a Fayetteville property until the principal structure is under construction or already exists, unless the Planning Commission grants a conditional use permit [Section 164.02(A)(1)].
- Size Limitations: The total size of all accessory structures on a lot must not exceed 50% of the size of the principal structure. Requests for larger structures require a conditional use permit [Section 164.02(A)(5)].
- Build-to Zones: Accessory structures are exempt from "build-to zone" requirements that often apply to primary residences in urban districts [Section 164.02(A)(4)].
- Swimming Pools: In the City of Fayetteville, swimming pools are considered accessory uses and are strictly prohibited from being located within any required front setback [Section 164.02(B)].
Setback Requirements by Structure Height
The distance a detached garage or shed must be from the property line depends primarily on its height.
Structures 10 Feet in Height or Less
For smaller structures, the City of Fayetteville provides a uniform setback standard across most districts.
| Feature | Minimum Setback Requirement |
|---|---|
| Side Property Line | 3 feet |
| Rear Property Line | 5 feet |
| Front Property Line | Must match the district's principal structure setback |
Structures Greater Than 10 Feet in Height
If a detached garage or accessory building exceeds 10 feet in height, it must follow the "Bulk and Area" regulations for the specific zoning district in which the property is located [Section 164.02(A)(3)].
| Zoning District (City of Fayetteville) | Side Setback (Height > 10') | Rear Setback (Height > 10') |
|---|---|---|
| R-A (Residential-Agricultural) | 20 feet | 35 feet |
| RSF-.5 (Single-Family, 0.5 units/acre) | 20 feet | 35 feet |
| RSF-1 (Single-Family, 1 unit/acre) | 20 feet | 35 feet |
| RSF-2 (Single-Family, 2 units/acre) | 15 feet | 30 feet |
| RSF-4 (Single-Family, 4 units/acre) | 5 feet | 15 feet |
| RSF-7 (Single-Family, 7 units/acre) | 5 feet | 15 feet |
| RSF-8 (Single-Family, 8 units/acre) | 5 feet | 5 feet |
| RSF-18 (Single-Family, 18 units/acre) | 5 feet | 5 feet |
| RI-12 (Residential Intermediate) | 5 feet | 5 feet |
| RMF-6 (Multi-Family, 6 units/acre) | 5 feet | 25 feet |
| RMF-12 (Multi-Family, 12 units/acre) | 5 feet | 20 feet |
| RMF-18, -24, -40 (Multi-Family) | 5 feet | 20 feet |
Special Setback Conditions
Zero Lot Line Options
In the RI (Residential Intermediate) and all multi-family zoning districts, the City of Fayetteville may allow side setbacks to be varied for detached single-family homes to permit "zero lot line" development. In these cases, one side may have a 0-foot setback, provided the opposite side setback is at least 10 feet and a 5-foot maintenance easement is established [Section 164.11(A)].
Shared Accessory Structures
The City of Fayetteville allows for shared accessory structures (such as a garage used by two neighbors) to be constructed across a common property line. In these instances, side setbacks may be administratively waived to allow the structures to touch or straddle the line, provided a maintenance easement for the driveway is recorded [Section 164.02(A)(6)].
Sections Cited
- Section 151.01 - Definitions
- Section 161.03 - District R-A, Residential-Agricultural
- Section 161.04 - District RSF-.5, Residential Single-Family — One-Half (½) Unit Per Acre
- Section 161.05 - District RSF-1, Residential Single-Family — One (1) Unit Per Acre
- Section 161.06 - District RSF-2, Residential Single-Family — Two (2) Units Per Acre
- Section 161.07 - District RSF-4, Residential Single-Family — Four (4) Units Per Acre
- Section 161.08 - District RSF-7, Residential Single-Family — Seven (7) Units Per Acre
- Section 161.09 - District RSF-8, Residential Single-Family — Eight (8) Units Per Acre
- Section 161.10 - District RSF-18, Residential Single-Family — Eighteen (18) Units Per Acre
- Section 161.11 - District RI-12, Residential Intermediate, Twelve (12) Units Per Acre
- Section 161.13 - District RMF-6, Residential Multi-Family — Six (6) Units Per Acre
- Section 161.14 - District RMF-12, Residential Multi-Family — Twelve (12) Units Per Acre
- Section 164.02 - Accessory Structures and Uses
- Section 164.11 - Height or Setback Regulations; Exceptions and Home Protection Requirements