Fayetteville City Zoning Code

This Ordinance shall be officially known as the "Unified Development Ordinance of the City of Fayetteville, North Carolina" and may be referred to as "the Unified Development Ordinance" or "this Ordinance" or the "UDO."

Effective on: 11/18/2013

The purpose of this Ordinance is to protect the public health, safety, and general welfare of the citizens and landowners of Fayetteville, and to implement the policies and objectives of City-adopted plans addressing the City's growth and development. The intent of this Ordinance is more specifically to:

Foster convenient, compatible, and efficient relationships among land uses;

Better manage or lessen congestion in the streets;

Ensure the provision of adequate open space between uses for light, air, and fire safety;

Prevent the overcrowding of land and avoid undue concentrations of population; Preserve the character and quality of residential neighborhoods while providing increased housing choices;

Facilitate the adequate provision of transportation, utilities, parks, recreation, and other public facilities;

Maintain and enhance the character of various districts within the City through an emphasis on design quality;

Maintain and protect high quality aesthetic standards for development; Conserve the value of buildings and land;

Conserve the natural resources and environmental quality of the City and its environs; and

Protect development and residents from flooding and other natural hazards.

Effective on: 11/18/2013

It is the legislative intent of the City Council in adopting this Ordinance that all provisions shall regulate development in accordance with the existing and future needs of the City as established in this Ordinance and promote the public health, safety, and general welfare of the land owners and residents of the City. If any section, subsection, sentence, boundary, clause, or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and any section, subsection, sentence, boundary, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, boundaries, clauses, or phrases be declared invalid.

Effective on: 11/18/2013

This Ordinance consolidates the City's zoning and subdivision regulatory authority as authorized by the North Carolina General Statutes and is adopted pursuant to:

1. The authority granted to the City of Fayetteville by the General Assembly of the State of North Carolina;
2. The City Charter;
3. The North Carolina General Statutes Chapter 160D (Local Planning and Development Regulation);
4. All other relevant laws of the State of North Carolina; and
5. Any special legislation enacted for the City.

(Ord. No. S2021-023, § 3, 05/10/2021)

Effective on: 11/18/2013

Whenever any provision of this Ordinance refers to or cites a section of the North Carolina General Statutes and that section is later amended or superseded, this Ordinance shall be deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section.

Effective on: 11/18/2013

The provisions of this Ordinance shall apply to the development of all land within the corporate limits of the City of Fayetteville unless it is expressly exempted by a specific section or subsection of this Ordinance.

Effective on: 11/18/2013

Except as stated herein, the provisions of this Ordinance shall apply to:

1. a.
   Development by the City or its agencies or departments;
2. b.
   Development of buildings by State or County agencies or departments, public colleges or universities, or other political subdivisions of the state, in accordance with the standards in Section 160D-913 of the North Carolina General Statutes; and
3. c.
   To the full extent permitted by law, development owned or held in tenancy by the government of the United States, its agencies, departments, or corporate services.

(Ord. No. S2021-023, §, 05/10/2021)

Effective on: 11/18/2013

No land shall be developed without full compliance with the provisions of this Ordinance and all other applicable City, County, State, and Federal regulations.

Effective on: 11/18/2013

1. This Ordinance is intended to ensure that all development within the City's jurisdiction is consistent with the goals, objectives, policies, strategies, and actions of thos City-adopted plans addressing the City's growth and development, including, but not limited to, the Comprehensive Plan and other plans identified in Section 30-1.E.2 below. To the extent this Ordinance is or becomes inconsistent with the adopted plans, it should be amended to become or remain consistent with the adopted plans. Additionally, all amendments to this Ordinance's text or the Official Zoning Map should maintain and enhance consistency between this Ordinance and the adopted plans.
2. Pursuant to North Carolina Gen. Stats. 160D-605, when adopting or rejecting any amendment to the Official Zoning Map or to the text of this Ordinance, the City Council shall approve a brief statement describing whether its action is consistent or inconsist with the adopted Comprehensive Plan. Further, if a zoning map amendment is adopted and the action was deemed inconsistent with the Comprehensive Plan, the zoning amendment shall have the effect of also amending any future land-use map in the approved plan, and no additional request or application for a plan amendment shall be required. If the Comprehensive Plan is deemed amended by virture of adoption of a zoning amendment that is inconsistent with the plan, that amendment shall be noted in the plan. However, if the plan is one that requires review and approval subject to G.S. 113A-110, the plan amendment shall not be effective until that review and approval is completed.

(Ord. No. S2021-009, § 1, 05/10/2021)

Effective on: 11/18/2013

Pursuant to North Carolina Gen Stats. 160D-501, all Adopted Plans that are applicable shall be considered by the reviewing board and the City Council when considering proposed amendments to zoning regulations, as required by G.S. 160D-604 and G.S. 160D-605. The adoption or amendment of a plan is a legislative decision and shall follow the process mandated for zoning text amendments set by Section 30-2.C.2., Text Amendments, under North Carolina Gen. Stats. 160D-601. The City shall reasonably maintain a comprehensive plan.

1. Cumberland County Land Use Plan
   The 2010 Cumberland County Land Use Plan is a County-wide collaborative plan that serves as the basic policy guide for the administration of this Ordinance. The plan contains general and policy recommendations, plus goals, objectives, and specific land use recommendations for each of seven land use categories. The plan also addresses urban form and includes a map depicting where the various land use types are proposed to be located.
2. 2030 Joint Growth Vision Plan
   The 2030 Joint Growth Vision Plan for Cumberland County—including Fayetteville and the County's other municipalities—shall serve as an additional basic policy guide for the administration of this Ordinance. The plan contains vision statements, policies, and actions guiding the management of growth and development of the physical environment of the City and its surroundings. The vision statements, policies, and actions of the plan may be amended from time-to-time to meet changing requirements.
3. Functional Plans
   The City has adopted functional plans relating to the future development and provision of public infrastructure and services (e.g., comprehensive transportation plan, local streets plan, parks and recreation plan, emergency management plan), and will continue to do so. Such plans contain goals, objectives, policies, and actions related to the form and timing of the City's growth and development as well as to the location and design of public infrastructure.
4. Small Area Plans
   The City has developed and adopted plans focused on specific geographic areas and corridors within the City, and will continue to do so after the effective date of this Ordinance. Such plans include goals, objectives, policies, and actions related to, and that serve as a guide to, various aspects of development intensity and design.
5. Comprehensive Plan
   The 2040 Comprehensive Plan (Future Land Use Map & Plan) incorporates updated information and objectives from existing plans, together with new material collected from research and public input. The Future Land Use Map designates desirable land uses, along with character area descriptions and policy recommendations to guide implementation. As the Comprehensive Plan identifies the desired type and form of future land uses, along with specific policies and implementation strategies, the plan serves as the primary guiding document for future development.

(Ord. No. S2021-009, § 2, 05/10/2021)

Effective on: 11/18/2013

Development within the municipal influence areas associated with the City shall comply with the terms of the Municipal Influence Area Agreement between the City and Cumberland County.

Effective on: 11/18/2013

If a provision of this Ordinance is inconsistent with another provision of this Ordinance, or with a provision found in other adopted codes or ordinances of the City, the more restrictive provision shall govern unless the terms of the more restrictive provision specify otherwise. The more restrictive provision is the one that imposes greater restrictions or burdens, or with more stringent controls.

Effective on: 11/18/2013

The City shall not be responsible for monitoring or enforcing private covenants and restrictions.

Effective on: 11/18/2013

If a provision of this Ordinance is inconsistent with a provision found in the law or regulations of the State or Federal government, the more restrictive provision shall control, to the extent permitted by law.

Effective on: 11/18/2013

Nothing in this Ordinance is intended to repeal, supersede, annul, impair, or interfere with any existing private agreements or vested rights previously adopted or issued pursuant to all applicable laws, provided such agreements or rights are lawfully established and remain in effect.

Effective on: 11/18/2013

The Official Zoning Map designates the location and boundaries of the various base zoning and overlay zoning districts established in this Ordinance. It shall be the final authority as to the status of the current zoning district classification of land in the City, and shall be amended only in accordance with this Ordinance. The Official Zoning Map shall be certified by the City Manager. In accordance with Section 160A-22 of the North Carolina General Statutes, the City Clerk shall certify copies of the Official Zoning Map for use as evidence in a court of law.

The Official Zoning Map, all prior versions, and any state or federal agency maps incorporated by reference into the Official Zoning Map, shall be kept on file in the Planning and Zoning Division, in either hardcopy (paper) or digital format, and made available for public inspection during normal business hours.

(Ord. No. S2021-010, § 1, 05/10/2021)

Effective on: 11/18/2013

The Official Zoning Map and all the notations thereon are incorporated herein by reference and made part of this Ordinance.

(Ord. No. S2021-010, § 2, 05/10/2021)

Effective on: 11/18/2013

1. City Council Determination The City Council shall determine the zoning designation of lands added to the City's jurisdiction through annexation at the time such lands are added, based on the following factors:
   1. The land's designation on adopted plans addressing the City's growth and development;
   2. The land's current land use;
   3. The existence of a previously-approved site or subdivision plan;
   4. The character of adjacent lands;
   5. Current County zoning classifications;
   6. Landowner requests; and
   7. Other factors considered relevant at the time of the annexation.
2. Relationship to Voluntary Annexation Requests Where an area is proposed to be added to the City's jurisdiction through a landowner's petition for voluntary annexation, the landowner may submit an application for a Map Amendment (Rezoning) (see Section 30-2.C.1) requesting a specific base zoning district classification along with the annexation petition. In such a case, the public hearing for the Map Amendment (Rezoning) application may be held concurrently with any public hearing required for the annexation.
3. Relationship to Involuntary Annexation Where an area is proposed to be added to the City's jurisdiction through the involuntary annexation process, a landowner may submit an application for a Map Amendment (Rezoning) (see Section 30-2.C.1) requesting a specific base zoning district classification that is equal to or less intense than the existing County base zoning designation for consideration following annexation.

Effective on: 11/18/2013

The City Manager shall be responsible for interpretations of the Official Zoning Map in accordance with the standards in Section 30-2.C.17, Interpretation, and the following standards:

1. a.
   Boundaries shown as approximately following a utility line or a street, alley, railroad, or other public access way shall be interpreted as following the centerline of the right-of-way or easement for the utility line or access way.
2. b.
   Boundaries shown as approximately following a property line shall be interpreted as following the property line as it existed when the boundary was established. If a subsequent minor adjustment (such as from settlement of a boundary dispute or overlap) results in the property line moving ten feet or less, the zoning boundary shall be interpreted as moving with the property line.
3. c.
   Boundaries shown as approximately following a river, stream, canal, lake, or other watercourse shall be interpreted as following the centerline of the watercourse as it actually exists, and as moving with that centerline to the extent the watercourse moves as a result of natural processes (flooding, erosion, sedimentation, etc.).
4. d.
   Boundaries shown as approximately following established municipal corporate limits or other political boundaries shall be interpreted as following the corporate limits or boundary.
5. e.
   Boundaries shown parallel to or as extensions of features indicated in this subsection shall be interpreted as such.
6. f.
   If the specific location of a depicted boundary cannot be determined from notations on the Official Zoning Map or application of the above standards, it shall be determined by using the map's scale to determine the boundary's distance from other features shown on the map.

Figure 30-1.G.4: Zoning Line Interpretation

This diagram depicts how existing zoning is applied to new lands based upon the extension of existing features or zoning classifications.

7. g.
   Where the actual locations of existing physical or natural features vary from that shown on the Official Zoning Map, or in other circumstances not covered by this subsection, the City Manager shall have the authority to interpret the district boundaries (see Section 30-2.C.17, Interpretation). Appeals of the City Manager's decision shall be reviewed by the Zoning Commission in accordance with Section 30-2.C.18, Appeal.

(Ord. No. S2012-025, § 16, 11-13-2012; Ord. No S2015-018, § 1, 12-14-2015)

Effective on: 12/14/2015

Changes made in zoning district boundaries or other matters portrayed on the Official Zoning Map shall be made in accordance with the provisions of this Ordinance (Section 30-2.C.1, Map Amendment (Rezoning)). Changes shall be entered on the Official Zoning Map by the City Manager promptly after the amendment is approved by the City Council. Where the ordinance enacting a zoning district boundary change contains wording explaining or clarifying the location of the new boundary, the City Manager may enter on the Official Zoning Map notations reflecting the ordinance wording. The City Manager shall maintain copies of superseded versions of the Official Zoning Map for historical reference.

Effective on: 11/18/2013

On July 1, 2011, land zoned with a zoning district classification from the previous zoning regulations shall be translated or reclassified to one of the zoning district classifications in this Ordinance as set forth in Article 30-3: Zoning Districts. Table 30-1.G.6, Zoning District Transition Table, summarizes the translation or reclassification of the zoning districts used in the previous zoning regulations to the zoning districts used in this Ordinance. (For example, Table 30-1.G.6 shows that all lands classified as R15 in the previous zoning regulations (under the column titled "Former Zoning District") are classified SF-15 in this Ordinance (under the column titled "New Zoning District").)

(Ord. No. S2022-020, § 1, 09/26/2022)

Effective on: 11/18/2013

This Ordinance shall become effective on July 1, 2011, and repeals and replaces the Fayetteville Zoning Regulations and Subdivision Regulations, as originally adopted on March 15, 1961, and subsequently amended.

Effective on: 11/18/2013

Any violation of the previous zoning regulations or subdivision regulations shall continue to be a violation under this Ordinance and any other applicable ordinances, laws, or statutes. Violations of this Ordinance shall be subject to the penalties set forth in Article 30-8: Enforcement, and any other applicable ordinances, laws, or statutes, unless the development complies with the express terms of this Ordinance or the other ordinances, laws, or statutes.

Effective on: 11/18/2013

1. Any development application submitted and accepted as complete before July 1, 2011, but still pending final action as of that date, shall be reviewed and decided in accordance with the regulations in effect when the application was accepted. To the extent such an application is approved and proposes development that does not comply with this Ordinance, the subsequent development, although permitted, shall be nonconforming and subject to the provisions of Article 30-7: Nonconformities.
2. Completed applications shall be processed in good faith and shall comply with any time frames for review, approval, and completion as established in the regulations in effect at the time of application acceptance. If the application fails to comply with the required time frames, it shall expire and future development shall be subject to the requirements of this Ordinance.
3. An applicant with a pending application accepted before July 1, 2011 may opt to have the proposed development reviewed and decided under the standards of this Ordinance by withdrawing the pending application and submitting a new application in accordance with the standards of this Ordinance.

Effective on: 11/18/2013

Any development approvals granted before July 1, 2011 shall remain valid until their expiration date. Development with valid approvals or permits may be carried out in accordance with the terms and conditions of their approval and the development stan- dards in effect at the time of approval, provided the permit or approval is valid and has not expired. If the prior approval expires or is revoked (e.g., for failure to comply with the terms and conditions of approval), any subsequent development of the site shall be applied for in accordance with the procedures and standards of this Ordinance. To the extent a prior-approved application proposes development that does not comply with this Ordinance, the subsequent development, although permitted, shall be nonconforming and subject to the provisions of Article 30-7: Nonconformities.

Effective on: 11/18/2013

Lands subject to a conditional use zoning classification approved before the July 1, 2011 shall retain its conditional use zoning classification and continue to be subject to the approved site plan and conditions unless and until the lands are rezoned in accordance with Section 30-2.C.1, Map Amendment (Rezoning), Section 30-2.C.3, Planned Development, or Section 30-2.C.4, Conditional Rezoning.

Effective on: 11/18/2013

1. Lands designated as Planned Neighborhood Development (PND) and developed in accordance with an approved master plan before July 1, 2011 shall retain the PND designation and continue to be subject to the approved master plan and all associated conditions. Substantial changes to development subject to a master plan require an amendment to the Official Zoning Map in accordance with Section 30-2.C.1, Map Amendment (Rezoning), Section 30-2.C.3, Planned Development, or Section 30-2.C.4, Conditional Rezoning.
2. For the purposes of this subsection, "substantial changes" shall include, but not be limited to the following:
   1. New development on a vacant lot or site;
   2. Reconstruction or redevelopment of an abandoned structure;
   3. Addition or expansion of an existing building's floor area by ten percent or more;
   4. Expansion of an outdoor use area by 25 percent or more;
   5. A change in use that results in a new use with greater density or intensity;
   6. Reduction in the amount of open space associated with an approved PND; or
   7. Any development that results in additional traffic, noise, dust, heat, glare, odor, or light.

Effective on: 11/18/2013

If any use, structure, lot, or sign legally existed on July 1, 2011, but does not fully comply with the standards of this Ordinance, then that use, structure, lot, or sign shall be considered nonconforming under this Ordinance and shall be controlled by the provisions of Article 30-7: Nonconformities.

Effective on: 11/18/2013

Pursuant to North Carolina Gen Stats. 160D-108.1, the following applies to site-specific vesting plans:

1. Establishment of Vested Right. A vested right is established with respect to any property upon the valid approval, or conditional approval, of a site-specific vesting plan as provided in this Section. Such a vested right confers upon the landowner the right to undertake and complete the development and use of the property under the terms and conditions of the site-specific vesting plan, including any amendments thereto. At the time of approval of a site-specific vesting plan, the document that triggers the vesting shall be so identified.
2. Site-Specific Vesting Plan. A site-specific vesting plan consists of a plan submitted by the applicant in which the applicant requests vesting, describing with reasonable certainty on the plan the type and intensity of use for a specific parcel or parcels of property. The plan may be in the form of, but not be limited to, any of the following plans or approvals; a planned unit development plan, a subdivision plat, a preliminary or general development plan, a special use permit, or a conditional district zoning plan. The plan shall include the approximate boundaries of the site; significant topographical and other natural features affecting development of the site, the approximate location on the site of the proposed buildings, structures, and other improvements; the approximate dimensions, including height, of the proposed buildings and other structures; and the approximate locaton of all existing and proposed infrastructure on the site, including water, sewer, roads, and pedestrian walkways. A variance does not constitute a site-specific vesting plan, and approval of a site-specific vesting plan with the condition that a variance be obtained does not confer a vested right unless and until the necessary variance is obtained. If a sketch plan or other document fails to describe with reasonable certainty the type and intensity of use for a specified parcel or parcels of property, it may not constitute a site-specific vesting plan.
   1. Approval and Amendment of Site-Specific Vesting Plans. Pursuant to North Carolina Gen. Stats. 160D-108.1(c), if a site-specific-vesting plan is based on the approval of a development application, the City shall provide whatever notice and hearing is required for that underlying approval. A duration of the underlying approval that is less than two years does not affect the duration of the site-specific vesting plan. If the site-specific vesting plan is not based on such an approval, a legislative hearing with notice shall be held.
   2. Duration and Termination of Vested Right. A vested right for a site-specific vesting plan remains vested for a period of two years unless extended under the terms of North Carolina Gen. Stats. 160D-108.1(e).

(Ord. No. S2021-011, § 1, 05/10/2021)

Effective on: 11/18/2013

In accordance with Section 160D-108(d) of the North Carolina General Statutes, the issuance of a development permit, as defined in North Carolina Gen. Stats. 143-755(e)(2), establishes a vested right to development authorized by the development permit so long as the permit remains valid and unexpired. In accordance with Section 143-755 of the North Carolina General Statutes, in the event of an amendment to any applicable development regulation, between the time the permit application was submitted and the time a decision is made, the applicant may choose which adopted version of the rule or ordinance will apply to the permit and use of the building, structure, or land indicated on the permit application. Further, if the applicant chooses the version of the rule or ordinance applicable at the time of the permit application, the applicant shall not be required to await the outcome of the amendment prior to acting on the development permit.

(Ord. No. S2021-011, § 1, 05/10/2021)

Effective on: 11/18/2013

A vested right to development approval of a Minor Site Plan, Major Site Plan, Subdivision Plan, or Final Plat may be established in accordance with Section 30-2.C.19, Vested Rights Certificate.

(Ord. No. S2021-011, § 1, 05/10/2021)

Effective on: 11/18/2013

30-1.I.4 Multi-Phased Development

As provided in North Carolina Gen. Stats. 160D-108(f), a multi-phased development is vested for the entire development with the regulations then in place at the time a site plan approval is granted for the initial phase of the multi-phased development. A right which has been vested as provided for in this subsection remains vested for a period of seven years from the time a site plan approval is granted for the initial phase of the multi-phased development. As used in this Section, a multi-phased development is a development containing 25 acres or more that is both of the following:

1. Submitted for development permit approval to occur in more than one phase;
2. Subject to a master development plan with committed elements showing the type and intensity of use of each phase.

(Ord. No. S2021-011, § 1, 05/10/2021)

Effective on: 1/1/1901