Fayetteville Swimming Pool Zoning and Setback Regulations
In the City of Fayetteville, swimming pools are prohibited from being located within any required front setback of a property [Section 164.02]. Furthermore, no pool—whether in-ground or above-ground—may be constructed within a public utility easement or within designated Streamside Protection Zones [Section 166.12 and Section 168.12].
Primary Placement and Setback Requirements
The City of Fayetteville Unified Development Code (UDC) classifies swimming pools as recreational structures. The most critical placement regulation is that a swimming pool cannot occupy the space designated as the "required front setback" for the specific zoning district in which the property is located [Section 164.02].
Because the "required front setback" varies by district, residents of the City of Fayetteville must identify their specific zoning classification to determine the area where pool installation is prohibited.
Prohibited Installation Areas by District
The following table outlines the minimum front setbacks for common residential districts in the City of Fayetteville. Swimming pools are strictly prohibited within these distances from the front property line:
| Zoning District Classification | Required Front Setback / Build-to Zone |
|---|---|
| R-A (Residential Agricultural) | 35 feet |
| RSF-.5 (Single-Family, 0.5 units/acre) | 35 feet |
| RSF-1 (Single-Family, 1 unit/acre) | 35 feet |
| RSF-2 (Single-Family, 2 units/acre) | 30 feet |
| RSF-4, RSF-7, RSF-8 (Single-Family) | 15 feet |
| RSF-18 (Single-Family, 18 units/acre) | 25 feet (Build-to zone) |
| RI-12, RI-U (Residential Intermediate) | 25 feet (Build-to zone) |
| RMF (Multi-Family) Districts | 25 feet (Build-to zone) |
| P-1 (Institutional) | 15 feet |
[Sections 161.03 through 161.32]
Easement and Environmental Restrictions
Public Utility Easements
The City of Fayetteville strictly prohibits the construction of any portion of a pool, including both in-ground and above-ground types, within a public utility easement [Section 166.12]. This regulation ensures that municipal utility providers maintain unobstructed access to infrastructure for maintenance and repairs.
Streamside Protection Zones
The City of Fayetteville has established Streamside Protection Zones to preserve the integrity of local waterways. The establishment of new in-ground swimming pools is prohibited within both "Zone 1: Waterside Zone" and "Zone 2: Management Zone" [Section 168.12].
- Zone 1 (Waterside Zone): Typically extends 25 feet landward from the top of the bank.
- Zone 2 (Management Zone): Typically extends an additional 25 feet landward from the edge of the Waterside Zone.
Accessory Structure Limitations
Under the City of Fayetteville UDC, swimming pools are considered accessory to the principal residential use. While specific placement is governed by the front setback rule, the code generally limits the size of accessory structures to 50% or less of the size of the principal structure. However, an applicant may request a conditional use permit from the Planning Commission if they wish to exceed this 50% size threshold [Section 164.02].
Sections Cited
- Section 151.01 - Definitions
- Section 161.03 through 161.32 - District Standards (Setbacks)
- Section 164.02 - Accessory Structures and Uses
- Section 166.12 - Structures Not Allowed Within Public Easements
- Section 168.12 - Streamside Protection Zones