Zoning Districts Permitting Accessory Dwelling Units in Fayetteville
In the City of Fayetteville, Accessory Dwelling Units (ADUs) are permitted by right in nearly all residential, commercial, and mixed-use zoning districts under Use Unit 41. These units are limited to a maximum of 1,200 square feet of habitable space, require no additional off-street parking, and are automatically classified as Type 1 short-term rentals if used for lodging.
Permitted Zoning Districts
The Fayetteville Unified Development Code (UDC) explicitly lists "Unit 41: Accessory dwellings" as a permitted use in the following districts:
| District Category | Specific Fayetteville Zoning Districts |
|---|---|
| Agricultural | R-A (Residential-Agricultural) |
| Single-Family Residential | RSF-.5, RSF-1, RSF-2, RSF-4, RSF-7, RSF-8, RSF-18 |
| Intermediate Residential | RI-12, RI-U |
| Multi-Family Residential | RMF-6, RMF-12, RMF-18, RMF-24, RMF-40 |
| Neighborhood/Services | NC (Neighborhood Conservation), NS-L, NS-G |
| Commercial & Mixed-Use | C-1, C-2, R-O (Residential-Office), UT (Urban Thoroughfare) |
| Downtown Districts | DC (Downtown Core), MSC (Main Street Center), DG (Downtown General) |
[Section 161.03 through 161.37; Section 162.01]
Supplemental Development Standards for ADUs
The City of Fayetteville maintains specific standards for the construction and occupancy of ADUs to ensure they remain subordinate to the principal dwelling while expanding housing stock.
Size and Quantity
Under the Fayetteville Unified Development Code, a lot may have a maximum of two (2) accessory dwelling units, provided their combined square footage does not exceed 1,200 square feet. Unlike other accessory structures in Fayetteville, ADUs are not subject to the rule limiting accessory structures to 50% of the size of the principal structure [Section 151.01; Section 164.19].
General Requirements
| Standard | Requirement |
|---|---|
| Maximum Habitable Space | 1,200 square feet |
| Maximum Units per Lot | 2 units (combined 1,200 sq. ft. limit) |
| Additional Parking | None required |
| Maximum Occupancy | One (1) family |
| Building Height | Must comply with underlying zoning |
| Setbacks | Must comply with underlying zoning |
| Fire Code | Must comply with Arkansas Fire Prevention Code |
[Section 164.19]
Short-Term Rental Provisions
Accessory Dwelling Units in Fayetteville are specifically addressed within the city's short-term rental regulations. As defined by the Fayetteville Unified Development Code, ADUs are considered "Type 1" short-term rentals. This classification allows them to be rented for periods of less than thirty (30) consecutive days without being subject to the city-wide density caps that apply to Type 2 rentals (non-owner occupied units) [Section 163.18; Section 164.26].
Design and Privacy
To protect the privacy of neighboring properties, particularly in the Downtown General and Main Street Center districts, the Fayetteville Unified Development Code mandates that two-story ADUs must limit the placement of major access stairs, decks, and entry doors. Large windows on two-story units should be oriented toward the principal dwelling or an alley to minimize the impact on the privacy of adjacent side or rear yards [Section 164.19].
Sections Cited
- 151.01 - Definitions
- 161.03 through 161.37 - District Regulations (Individual District Permitted Use Tables)
- 162.01 - Use Units: Establishment/Listing
- 163.18 - Type 2 Short-Term Rentals in Residential Zoning Districts
- 164.02 - Accessory Structures and Uses
- 164.19 - Accessory Dwelling Units (ADU)
- 164.26 - Type 1 Short-Term Rentals Citywide and Type 2 Short-Term Rentals in Non-Residential and Mixed-Use Zoning Districts