Fayetteville City Zoning Code

Land within the City is generally classified by this Ordinance to be within one of a number of base zoning districts. Land may be reclassified to one of a number of comparable conditional zoning districts in accordance with Section 30-2.C.4, Conditional Rezoning, or to one of several planned development zoning districts in accordance with Section 30-2.C.3, Planned Development. Land within any base, conditional, or planned development zoning district may also be classified into one or more overlay zoning districts, in which case regulations governing development in the overlay district shall apply in addition to the regulations governing development in the underlying base zoning district, conditional zoning district, or planned development zoning district.

Effective on: 11/18/2013

No land within the City shall be developed except in accordance with the zoning district regulations of this article and all other regulations of this Ordinance, including but not limited to, Article 4: Use Standards, Article 5: Development Standards, and Article 6: Subdivisions.

Effective on: 11/18/2013

When an existing Right-of-Way or new Right-of-Way (ROW) essential to public service levels (such as a widened roadway or high tension transmission line) precludes compliance with maximum district setback standards, the City Manager may authorize development to begin at the nearest reasonable building line.

(Ord. No. S2012-025, § 14, 11-13-2012)

Effective on: 11/18/2013

Table 30-3.B.1, Base Zoning Districts Established, sets out the base zoning districts established by this Ordinance. Base zoning districts are grouped into Special, Residential, and Business districts.

1. a.
   Classification of Base Zoning Districts
   Land shall be classified or reclassified into a base zoning district only in accordance with the procedures and requirements set forth in Section 30-2.C.1, Map Amendment (Rezoning).
2. b.
   Relationship to Overlay Zoning Districts
   Regulations governing development in an overlay zoning district shall apply in addition to the regulations governing development in the underlying base zoning district. If the standards governing a base zoning district expressly conflict with those governing an overlay zoning district, the standards governing the overlay zoning district shall control.
3. c.
   Organization of Base Zoning District Regulations
   Sections 30-3.C through 30-3.E set out the general purposes of each group of base zoning districts and contain subsections that set out the specific purpose, bulk, and dimensional standards for each individual base zoning district. These subsections have a common structure consisting of a purpose statement, applicable dimensional standards, a photograph showing a hypothetical preferred building form for the district, a graphic depiction of hypothetical street layout and lot patterns, and a hypothetical graphic depiction of the district's bulk and dimensional standards as applied to typical lot patterns and building forms. The building form photographs and lot pattern diagrams are for illustrative purposes only, and may not be consistent with all the dimensional requirements. In these cases, the dimensional requirements text of this Ordinance shall control. Article 30-4: Use Standards, includes Table 30-4.A, Use Table, a summary use table specifying permitted, special, and allowable uses for each of the base zoning districts and references any standards specific to individual uses.

(Ord. No. S2012-024, § 2, 11-13-2012; Ord. No. S2022-021, § 1, 09/26/2022; Ord. No. S2022-022, § 1, 09/26/2022; Ord. No. S2026-011, § 1, 05/26/2026)

Effective on: 5/26/2026

In addition to traditional development, this Ordinance also allows zero lot line development in the agricultural, residential and business districts to provide flexibility in lot layout for greater development efficiency and density and/or in addressing site constraints.  The zero lot line standards are allowed in the districts identified in Section 30-3.B.2.a, Applicability and subject to meeting certain conditions. Zero lot line development is subject to review and approval of a Major Site Plan (see Section 30-2.C.5). Zero lot line development is subject to all applicable use standards (Article 30-4), subdivision requirements (Article 30-6), and applicable design and development standards (Article 30-5).

1. a.
   Applicability

   1. 1.
      Districts
      Zero lot line development is allowed in the agricultural, residential and business (AR, SF-15, SF-10, SF-6, MR-5, MAC, OI, NC, LC, CC, MU, and BP, LI and HI) zoning districts subject to specific conditions noted below.
2. b.
   Procedure

   1. 1.
      Major Site Plan Required
      All applications for zero lot line development shall be reviewed as a Major Site Plan in accordance with the procedures and requirements in Section 30-2.C.5, Site Plan.
   2. 2.
      Simultaneous Review
      The review of the application for a Major Site Plan, Special Use Permit, Conditional Zoning or Neighborhood Compatibility Permit (if required), and Alternative Plans (landscaping or parking, as may be applicable), or Administrative Adjustment, if requested, shall be conducted simultaneously, to the maximum extent possible.
3. c.
   Standards

   1. 1.
      Density
      Zero lot line development shall comply with the maximum allowable gross density and maximum height requirements in the base zoning district where proposed, and the following standards:
   2. 2.
      Required Setbacks
      Except as otherwise provided in this subsection, lots and yard setbacks internal to a zero lot line development may deviate from the minimum yard and lot area requirements, but perimeter lots must meet the front and corner side setbacks of the underlying zoning district.  However, setbacks associated with an overlay district or any applicable setbacks from natural resources shall apply to all lots within a zero lot line development.
   3. 3.
      Compliance with Design Standards
      All zero lot line development regardless of size (number of units) shall comply with all applicable development standards in Article 30-5: Development Standards, including the Single-Family, Multi-Family, Commercial, Office, and Mixed-Use, Large Retail, and Transitional Standards in Article 30-5: Development Standards, as applicable. 
   4. 4.
      Conditions for residential development:

      1. a.
         Orientation: Except as provided below, all dwellings on the exterior of a ZLL development that adjoin an existing street shall be oriented so that the front façade faces the adjoining street.   In the case of corner lots, the front façade shall face the street from which the dwelling derives its street address.  A dwelling may be designed to have more than one “front façade.”
         Exception (requires a Neighborhood Compatibility Permit for developments on a tract or site smaller than three acres): When rear or side yards face the adjoining existing street(s), a Type ‘A’ Property Perimeter Buffer (see Table 30-5.B.4.D.4.) shall be provided along the affected street(s).  Any fences or walls installed shall be interior to this buffer and shall comply with the design standards of Article 30-5 for fences and walls.  Gates or openings in such fences and walls may be provided for access purposes, including maintenance.   Such buffers shall be shown on any final plans, plats or deeds, as applicable.
      2. b.
         Parking:  Vehicle Use Areas on perimeter lots in single-family districts and small multifamily projects shall not exceed 50 percent of the area between the street right-of-way and the front façade of the structure(s).
      3. c.
         Neighborhood Context: When a ZLL development is proposed on a tract or site smaller than three acres along a street where the median platted lot size of the lots adjoining the street in the block in which the development is proposed is 200% or more than the minimum lot size of the underlying zoning district(s), a Neighborhood Compatibility Permit shall be required.   
      4. d.
         Tiered Development:  When a ZLL development is proposed with principal structures located behind other principal structures that front on adjoining streets and such principal structures are not “shielded” by the frontage structures for 25% or more than the length of the frontage, excluding the width of drives or streets, a Neighborhood Compatibility Permit is required on a tract or site smaller than three acres, except when the affected street or streets are four lanes or more in width.  See Figure 30-3.B.2 below. 

Figure 30-3.B.2
Shielded – No NCP Required	Not Shielded – NCP Required

(Ord. No. S2012-008, § 8, 4-23-2012; Ord. No. S2012-024, § 3, 11-13-2012; Ord. No. S2012-025, §§ 8, 16, 11-13-2012, Ord. No. S2014-006, § 2, 1-27-2014; Ord. No. S2026-013, § 1, 05/26/2026; Ord. No. S2026-026, § 1, 06/22/2026)

Effective on: 6/22/2026

The special base zoning districts established in this section are intended to address special areas where typical urban growth and development does not or should not occur, whether because the areas contain important natural resources or natural hazards (Conservation District), rural character and productive natural resources (Agricultural- Residential District), or a military installation (Military Base District).

Effective on: 11/18/2013

Figure 30-3.C.2.a: CD Typical Lot Pattern	Figure 30-3.C.2.b: CD Typical Building Form

Figure 30-3.C.2.c: CD Typical Building/Lot Configuration

Effective on: 11/18/2013

Figure 30-3.C.3.a: AR Typical Lot Pattern	Figure 30-3.C.3.b: AR Typical Building Form

Figure 30-3.C.3.c: Hypothetical Conservation Subdivision Configuration

Figure 30-3.C.3.d: AR Typical Building/Lot Configuration

(Ord. No. S2011-014, § 1.1, 11-28-2011; Ord. No. S2014-004, § 9, 1-13-2014; Ord. No. S2018-015, 6-25-2018)

Effective on: 11/18/2013

Effective on: 11/18/2013

The residential base zoning districts established in this section are intended to provide a comfortable, healthy, safe, and pleasant environment in which to live and recreate. More specifically, they are intended to:

1. Provide appropriately located lands for residential development that are consistent with the goals, objectives, and policies of the 2030 Joint Growth Vision Plan, the Cumberland County Land Use Plan, functional plans, and applicable small area plans.
2. Ensure adequate light, air, privacy, and recreational and open space areas for each dwelling, and protect residents from the negative effects of noise, excessive population density, traffic congestion, flooding, and other significant adverse environmental impacts;
3. Protect residential areas from fires, explosions, toxic fumes and substances, and other public safety hazards;
4. Provide for residential housing choice, affordability, and diversity with varying housing densities, types, and designs, including accessory dwelling units;
5. Provide for safe and efficient vehicular access and circulation and promote bicycle, pedestrian, and transit-friendly neighborhoods;
6. Provide for public services and facilities needed to serve residential areas and accommodate public and semi-public land uses that complement residential development or require a residential environment while protecting residential areas from incompatible nonresidential development;
7. Create neighborhoods and preserve existing community character while accommodating new development and redevelopment consistent with the City's goals and objectives; and
8. Preserve the unique character and historic resources of the traditional neighborhoods and the community.

Effective on: 11/18/2013

Figure 30-3.D.2.a: SF-15 Typical Lot Pattern	Figure 30-3.D.2.b: SF-15 Typical Building Form

Figure 30-3.D.2.c: SF-15 Typical Building/Lot Configuration

(Ord. No. S2011-014, § 1.2, 11-28-2011; Ord. No. S2012-001, Pt. 3, § 3.1, 1-23-2012; Ord. No. S2012-008, § 4, 4-23-2012; Ord. No. S2012-025, § 9, 11-13-2012; Ord. No. S2014-015, § 5, 8-11-2014; Ord. No. S2014-005, § 3, 1-27-2014; Ord. No. S2014-015, § 5, 8-11-2014; Ord. No. S2015-008, § 4, 8-10-2015; Ord. No. S2021-038, § 1, 10/25/2021; Ord. No. S2023-015, § 1, 03/23/2023)

Effective on: 8/10/2015

Figure 30-3.D.3.a: SF-10 Typical Lot Pattern	Figure 30-3.D.3.b: SF-10 Typical Building Form

Figure 30-3.D.3.c: SF-10 Typical Building/Lot Configuration

(Ord. No. S2011-014, § 1.2, 11-28-2011; Ord. No. S2012-001, Pt. 3, § 3.1, 1-23-2012; Ord. No. S2012-025, § 9, 11-13-2012; Ord. No. S2014-015, § 5, 8-11-2014; Ord. No. S2014-005, § 3, 1-27-2014; Ord. No. S2014-015, § 5, 8-11-2014; Ord. No. S2015-008, § 4, 8-10-2015; Ord. No. S2021-038, § 2, 10/25/2021; Ord. No. S2023-016, § 1, 03/23/2023)

Effective on: 8/10/2015

Figure 30-3.D.4.a: SF-6 Typical Lot Pattern	Figure 30-3.D.4.b: SF-6 Typical Building Form

Figure 30-3.D.4.c: SF-6 Typical Building/Lot Configuration

(Ord. No. S2011-008, § 6, 7-25-2011; Ord. No. S2011-014, § 1.2, 11-28-2011; Ord. No. S2012-001, Pt. 3, § 3.1, 1-23-2012; Ord. No. S2012-008, § 4, 4-23-2012; Ord. No. S2014-015, § 5, 8-11-2014; Ord. No. S2014-005, § 3, 1-27-2014; Ord. No. S2014-015, § 5, 8-11-2014; Ord. No. S2015-008, § 4, 8-10-2015; Ord. No. S2021-038, § 3, 10/25/2021; Ord. No. S2023-018B, § 1, 03/23/2023)

Effective on: 8/10/2015

Figure 30-3.D.5.a: MR-5 Typical Lot Pattern	Figure 30-3.D.5.b: MR-5 Typical Building Form

Figure 30-3.D.5.c: MR-5  Typical Building/Lot Configuration

(Ord. No. S2011-014, § 1.2, 11-28-2011; Ord. No. S2012-001, Pt. 3, § 3.1, 1-23-2012; Ord. No. S2012-018, § 1.0, 9-10-2012; Ord. No. S2014-002, § 6a, 1-13-2014; Ord. No. S2014-005, § 3, 1-27-2014; Ord. No. S2014-015, § 5, 8-11-2014; Ord. No. S2015-008, § 4, 8-10-2015; Ord. No. S2019-018, 1, 04/23/2019; Ord. No. S2021-041, § 1, 10/25/2021; Ord. No. S2026-025, § 1, 06/22/2026)

Effective on: 6/22/2026

Figure 30-3.D.6.a: MH Typical Lot Pattern	Figure 30-3.D.6.b: MH Typical Building Form

Figure 30-3.D.6.c: MH Typical Building/Lot Configuration

Effective on: 11/18/2013

The business base zoning districts are established for the general purpose of ensuring there are lands in the City that provide a wide range of office, retail, service, industrial, and related uses to meet household and business needs, and more specifically to:

1. Provide appropriately located lands for the full range of business uses needed by the City's residents, businesses, and workers, consistent with the goals, objectives, and policies of the 2030 Joint Growth Vision Plan, the Cumberland County Land Use Plan, functional plans, and applicable small area plans;
2. Strengthen the City's economic base, and provide employment opportunities close to home for residents of the City and surrounding communities;
3. Create suitable environments for various types of business uses, and protect them from the adverse effects of incompatible uses;
4. Create suitable environments for various types of mixed use development, where business, office, retail, and residential uses are designed and integrated in compatible ways;
5. Support the military and governmental activities taking place in the vicinity;
6. Preserve the unique character and historic resources of the downtown; and
7. Minimize the impact of business development on residential districts and uses.

Effective on: 11/18/2013

Figure 30-3.E.2.a: OI Typical Lot Pattern	Figure 30-3.E.2.b: OI Typical Building Form

Figure 30-3.E.2.c: OI  Typical Building/Lot Configuration

(Ord. No. S2011-008, § 6, 7-25-2011; Ord. No. S2011-014, § 1.3, 11-28-2011; Ord. No. S2012-001, Pt. 3, § 3.3, 1-23-2012; Ord. No. S2012-018, § 2.1, 9-10-2012; Ord. No. S2014-002, § 6b, 1-13-2014; Ord. No. S2014-015, § 5, 8-11-2014; Ord. No. S2026-022, § 1, 06/22/2026)

Effective on: 6/22/2026

Figure 30-3.E.3.a: NC Typical Lot Pattern	Figure 30-3.E.3.b: NC Typical Building Form

Figure 30-3.E.3.c: NC  Typical Building/Lot Configuration

(Ord. No. S2011-013, §§ 8.1, 8.2, 11-28-2011Ord. No. S2012-001, Pt. 3, § 3.3, 1-23-2012; Ord. No. S2012-018, § 2.2, 9-10-2012; Ord. No. S2012-025, §§ 1, 16, 11-13-2012; Ord. No. S2014-003, § 1a, 1-13-2014; Ord. No. S2014-015, § 5, 8-11-2014; Ord. No. S2017-005, § 1, 6-26-201; Ord. No. S2026-023, § 1, 06/22/2026)

Effective on: 6/22/2026

Figure 30-3.E.4.a: LC Typical Lot Pattern	Figure 30-3.E.4.b: LC Typical Building Form

Figure 30-3.E.4.c: LC  Typical Building/Lot Configuration

(Ord. No. S2011-008, §§ 6, 14.1, 7-25-2011; Ord. No. S2011-014, § 1.3, 11-28-2011; Ord. No. S2012- 001, Pt. 3, § 3.3, 1-23-2012; Ord. No. S2012-018, § 2.3, 9-10-2012; Ord. No. S2014-003, § 1b, 1-13-2014; Ord. No. S2014-015, § 5, 8-11-2014.)

Effective on: 11/18/2013

Figure 30-3.E.5.a: CC Typical Lot Pattern	Figure 30-3.E.5.b: CC Typical Building Form

Figure 30-3.E.5.c: CC  Typical Building/Lot Configuration

(Ord. No. S2011-008, §§ 6, 14.2, 7-25-2011; Ord. No. S2011-014, §§ 1.3, 1.4, 11-28-2011; Ord. No. S2012-001, Pt. 3, § 3.3, 1-23-2012; Ord. No. S2012-018, § 2.4, 9-10-2012; Ord. S2014-003, § 1c, 1-13-2014; Ord. No. S2014-015, § 5, 8-11-2014; Ord. No. S2021-040, § 1, 10/25/2021)

Effective on: 11/18/2013

Figure 30-3.E.6.a: MU Typical Lot Pattern (Reserved)	Figure 30-3.E.6.b: MU Typical Building Form

Figure 30-3.E.6.c: MU Typical Building/Lot Configuration

(Ord. No. S2011-008, § 6, 7-25-2011; Ord. No. S2011-014, § 1.3, 11-28-2011; Ord. No. S2012-001, Pt. 3, § 3.3, 1-23-2012; Ord. No. S2012-018, § 2.5, 9-10-2012; Ord. No. S2012-025, § 16, 11-13-2012; Ord. S2014-003, § 1d, 1-13-2014; Ord. No. S2014-015, § 5, 8-11-2014)

Effective on: 8/11/2014

1. Purpose
   The Business Park (BP) District is established and intended to accommodate large-scale "campus" type development containing "core" uses that include light and heavy industrial, research and development, corporate headquarters, office-warehouse, assembly, business incubation, and vocational and training school uses, along with supportive uses that include general office, visitor accommodation, restaurant and retail uses. The district is subject to standards intended to minimize overdevelopment of supportive uses relative to core uses, as well as to minimize adverse impacts on surrounding uses.
2. Dimensional and Design Standards for BP District

(Ord. No. S2012-024, § 1, 11-13-2012)

Effective on: 11/18/2013

Figure30-3.E.8.a: LI Typical Lot Pattern	Figure 30-3.E.8.b: LI Typical Building Form

Figure 30-3.E.8.c: LI  Typical Building/Lot Configuration

(Ord. No. S2011-014, § 1.3, 11-28-2011; Ord. No. S2012-001, Pt. 3, § 3.2, 1-23-2012; Ord. No. S2014-002, § 6c, 1-13-2014; Ord. No. S2019-007, 1, 04/23/2019)

Effective on: 11/18/2013

Figure30-3.E.9.a: HI Typical Lot Pattern	Figure 30-3.E.9.b: HI Typical Building Form

Figure 30-3.E.9.c: HI Typical Building/Lot Configuration

(Ord. No. S2011-014, § 1.3, 11-28-2011; Ord. No. S2012-001, Pt. 3, § 3.2, 1-23-2012)

Effective on: 11/18/2013

(Ord. No. S2022-007, § 2, 05/23/2022)

Effective on: 1/1/1901

(Ord. No. S2022-007, § 3, 05/23/2022; Ord. No. S2023-011, § 1, 03/23/2023; Ord. No. S2026-024, § 1, 06/22/2026)

Effective on: 6/22/2026

(Ord. No. S2022-015, § 1, 09/26/2022)

Effective on: 1/1/1901

(Ord. No. S2026-012, § 1, 05/26/2026) 

Effective on: 5/26/2026

Table 30-3.F.1, Conditional Zoning Districts Established, sets out the conditional zoning districts established by this Ordinance. There is a conditional zoning district paralleling each base zoning district set forth in Table 30-3.F.1, Base Zoning Districts Established.  

(Ord. No. S2012-024, § 4, 11-13-2012; Ord. No. S2026-014, § 1, 05/26/2026)

Effective on: 5/26/2026

The rezoning of land to a conditional zoning district is intended to provide a landowner and the City an alternative to rezoning the land to a standard base zoning district, where the base zoning district allows certain uses and development that may be appropriate but also allows uses and development that may not conform to City plans or would have adverse impacts on public facilities or surrounding lands. Reclassification of land to a conditional zoning district allows a landowner to propose, and the City Council to consider, additional conditions or restrictions on the range of allowable uses, use standards, development intensities, development standards, and other regulations applicable in the parallel base zoning district. This enables the City to tailor a zoning classification to accommodate desirable development while avoiding or addressing anticipated problems that may arise from development otherwise allowed by the base zoning district.

Effective on: 11/18/2013

Land shall be classified into a conditional zoning district only in accordance with the procedures and requirements set forth in Section 30-2.C.4, Conditional Rezoning.

Effective on: 11/18/2013

Development in a conditional zoning district shall be subject to all the use and development standards and requirements that apply to development in the parallel base zoning district, plus the conditions imposed as part of the Conditional Rezoning approval, which may not be less restrictive than the regulations for the parallel base zoning district.

Effective on: 11/18/2013

Regulations governing development in an overlay zoning district shall apply in addition to the regulations governing development in the underlying conditional zoning district. If the standards governing a conditional zoning district expressly conflict with those governing an overlay zoning district, the standards governing the overlay district shall control.

Effective on: 11/18/2013

No application for conditional rezoning (see Section 30-2.C.4) may split an existing site or lot of record into a conditional zoning district and a base zoning district. Nothing in this subsection shall limit a conditional rezoning that splits a lot or site into two or more different conditional zoning district designations.

Effective on: 11/18/2013

1. Establishment of Planned Development Zoning Districts
   Table 30-3.G, Planned Development Zoning Districts Established, sets out the planned development zoning districts established by this Ordinance.

2. General Planned Development District Purposes
   The Planned Development (PD) districts are established and intended to encourage innovative land planning and site design concepts that support a high quality of life and achieve a high quality of development, environmental sensitivity, energy efficiency, and other City goals and objectives by:
   1. Reducing or diminishing the inflexibility or uniform design that sometimes results from strict application of zoning and development standards designed primarily for individual lots;
   2. Allowing greater freedom in selecting the means of providing access, open space, and design amenities;
   3. Allowing greater freedom in providing a well-integrated mix of residential and nonresidential land uses in the same development, including a mix of housing types, lot sizes, and densities;
   4. Providing for efficient use of land resulting in smaller networks of utilities and streets and thereby lowering development and housing costs;
   5. Promoting quality design and environmentally sensitive development that respects surrounding established land use character and respects and takes advantage of a site's natural and man-made features, such as trees, streams, hillsides, floodplains, and historic features; and
   6. Establishing a zoning district that corresponds to Cumberland County's Density Development Conditional Use District within the City's Municipal Influence Areas.
3. Classification of Planned Development Zoning Districts
   Land shall be classified into a planned development zoning district only in accordance with the procedures and requirements set forth in Section 30-2.C.3, Planned Development, and this section.
4. Relationship to PND District
   Lands designated as Planned Neighborhood District (PND) on July 1, 2011 are subject to the standards and conditions included within the previously-adopted master plans and other requirements related to their approval. These developments may proceed subject to their original approvals in accordance with Section 30-1.H, Transitional Provisions. In the event the PND expires, or a modification to the district is proposed, an applicant may seek to establish a PD district in accordance with this section and Section 30-2.C.3, Planned Development.
5. Organization of Planned Development Zoning District Regulations
   Section 30-3.G.2, General Standards for All Planned Development Districts, sets out general standards applicable to all types of Planned Development districts. Sections 30-3.G.3 to 30-3.G.5 set out the purpose statements and standards for each of the three specific types of Planned Development district. These subsections have a common structure consisting of a purpose statement and applicable development standards. Some PD districts also include additional district-specific standards. Article 30-4, Use Standards, includes a summary use table specifying the allowable uses for each of the PD districts (see Table 30-4.A, Use Table) subject to an approved master plan. Uses that do not include an "MP" under a particular PD district column in Table 30-4.A are prohibited within that PD district.

Effective on: 11/18/2013

Before approving a PD zoning district classification, the City Council shall find that the application for the PD zoning district classification, as well as the Master Plan and the Terms and Conditions document included as part of the application, comply with the following standards:

1. Planned Development Master Plan
   The Master Plan shall:
   1. Include a statement of planning objectives for the district;
   2. Identify the natural features and defining characteristics of the site such as site's natural amenities, significant trees (both individually and in mass), vegetation, and topography;
   3. Identify the general location of individual development areas, identified by land use(s) and/or development density or intensity;
   4. Identify for the entire PD district and each development area the acreage, types and mix of land uses, number of residential units (by use type), nonresidential floor area (by use type), residential density, and nonresidential intensity;
   5. Identify the general location, amount, and type (whether designated for active or passive recreation) of open space;
   6. Identify the location of environmentally sensitive lands, wildlife habitat, and stream corridors;
   7. Identify the on-site transportation circulation system, including the general location of all public and private streets, existing or projected transit corridors, pedestrian and bicycle pathways, and how they will connect with existing and planned City systems;
   8. Identify the general location of on-site potable water and wastewater facilities, and how they will connect to City systems;
   9. Identify the general location of on-site stormwater management facilities, and how they will connect to City systems; and
   10. Identify the general location of all other on-site public facilities serving the development, including but not limited to schools, and facilities for fire protection, police protection, EMS, and solid waste management.
2. Consistency with City Plans
   The PD zoning district designation, the Master Plan, and the Terms and Conditions document shall be consistent with the 2030 Joint Growth Vision Plan, the 2010 Cumberland County Land Use Plan, and any applicable functional plans and small area plans adopted by the City.
3. Compatibility with Surrounding Areas
   Development along the perimeter of a PD district shall be compatible with adjacent existing or proposed development. Where there are issues of compatibility, the Master Plan shall provide for transition areas at the edges of the PD district that provide for appropriate buffering and/or ensure a complementary character of uses. Determination of complementary character shall be based on densities/intensities, lot size and dimensions, building height, building mass and scale, hours of operation, exterior lighting, siting of service areas, or other aspects identified by the City Council.
4. Development Phasing Plan
   If development in the PD district is proposed to be phased, the Master Plan shall include a development phasing plan that identifies the general sequence or phases in which the district is proposed to be developed, including how residential and nonresidential development will be timed, how infrastructure (public and private) and open space will be provided and timed, and how development will be coordinated with the City's capital improvements program.
5. Conversion Schedule
   The Master Plan may include a conversion schedule that identifies the extent to which one type of residential use may be converted to another type of residential use or one type of nonresidential use may be converted to another type of nonresidential use (i.e., residential to residential, or nonresidential to nonresidential). These conversions may occur within development areas and between development areas, as long as they occur within the same development phase, as identified by the approved development phasing plan, and are consistent with established extents of conversion set down in the conversion schedule.
6. On-Site Public Facilities
   1. Design and Construction
      The Master Plan shall establish the responsibility of the developer/landowner to design and construct or install required and proposed on-site public facilities in compliance with applicable City, State, and Federal regulations.
   2. Dedication
      The Master Plan shall establish the responsibility of the developer/landowner to dedicate to the public the right-of-way and easements necessary for the construction or installation of required and proposed on-site public facilities in compliance with applicable City, State, and Federal regulations.
   3. Modifications to Street Standards
      In approving a Master Plan, the City Council may approve modifications or reductions of City street design standards—including those for right-of-way widths, pavement widths, required materials, and turning radii—on finding that:
      1. The Master Plan provides for adequate separation of vehicular, pedestrian, and bicycle traffic;
      2. Access for emergency service vehicles is not substantially impaired;
      3. Adequate off-street parking is provided for the uses proposed; and
      4. Adequate space for public utilities is provided within the street right-of- way 
7. Planned Development Terms and Conditions
   The Terms and Conditions document shall incorporate by reference or include, but not be limited to:
   1. Conditions related to approval of the application for the PD zoning district classification;
   2. The Master Plan, including any density/intensity standards, dimensional standards, and development standards established in the Master Plan;
   3. Conditions related to the approval of the Master Plan, including any conditions related to the form and design of development shown in the Master Plan;
   4. Provisions addressing how multimodal transportation, potable water, wastewater, stormwater management, open space, and other public facilities will be provided to accommodate the proposed development;
   5. Provisions related to environmental protection and monitoring; and
   6. Any other provisions the City Council determines are relevant and necessary to the development of the PD in accordance with applicable standards and regulations.
8. Uses
   The uses allowed in a PD district are identified in Table 30-4.A, Use Table, as allowed subject to a planned development master plan. Allowed uses shall be established in the master plan and are subject to any use regulations applicable to the PD district. Allowed uses shall be consistent with City plans, the purpose of the particular type of PD district, and subject to any additional limitations or requirements set forth in Sections 30-3.G.3—30-3.G.5 for the particular type of PD district.
9. Densities/Intensities
   The densities for residential development and the intensities for nonresidential development applicable in each development area of a PD district shall be as established in the Master Plan, and shall be consistent with City plans and the purpose of the particular type of PD district.
10. Dimensional Standards
    The dimensional standards applicable in each development area of a PD district shall be as established in the Master Plan, and shall be consistent with the purpose of the particular type of PD district. The Master Plan shall include at least the following types of dimensional standards:
    1. Minimum lot area;
    2. Minimum lot width;
    3. Minimum and maximum setbacks;
    4. Maximum lot coverage;
    5. Maximum building height;
    6. Maximum individual building size;
    7. Floor area ratio; and
    8. Minimum setbacks from adjoining residential development or residential zoning districts.
11. Development Standards
    All development in a PD district shall comply with the development standards of Article 30-5: Development Standards, or any modifications of those standards established in the Master Plan. Modifications proposed in a Master Plan shall be consistent with City plans, the objective of the particular type of development standard, the purpose of the particular PD district, and any additional limitations or requirements set forth in Sections 30-3.G.3—30-3.G.5 for the particular type of PD district.
12. Amendments to Approved Master Plan
    Amendments or modifications to a Master Plan shall be considered in accordance with the standards in Sections 30-2.C.3.i and j.

(Ord. No. S2012-017, §§ 1, 2, 9-10-2012; Ord. No. S2013-015, § 2.0, 7-22-2013)

Effective on: 11/18/2013

Effective on: 11/18/2013

Effective on: 11/18/2013

1. a.
   Additional District-Specific Standards for the PD-TN District

   1. 1.
      Center and Subcenters
      A PD-TN District shall be designed with a neighborhood center, and may also be served by one or more sub-centers. A neighborhood center or sub-center shall consist of formal open space (such as a square, commons, green, or active recreation area) that is adjacent to nonresidential or civic uses (such as a school, religious institution, or other government building), and served by one or more prominent street intersections.
   2. 2.
      Walking Distance

      Figure 30-3.G.5: Walking Distance

      At least 80 percent of the dwelling units in a PD-TN should be within a five-minute walk (approximately 1,250 feet) of the neighborhood center.

      
      At least 80 percent of all residential dwelling units in a PD-TN should be within a five minute walk (approximately 1,250 feet) of the neighborhood center or a sub-center (see Figure 30-3.G.5).
   3. 3.
      Use Mixing

      1. a.
         A PD-TN District shall be structured to provide a mix of uses, like residential, retail, employment, civic, and recreational uses. The integration of residential and nonresidential uses allows residents to meet more of their daily needs within the development. In addition, provision of a variety of housing options is required to allow greater diversity of residents within the neighborhood.
      2. b.
         Civic uses are encouraged, but not required, as part of the district's nonresidential uses.
      3. c.
         Mixing of residential and nonresidential uses within a single project or structure is encouraged within integrated or vertical mixed-use projects, in which uses are located on different floors of a single structure.
   4. 4.
      Open Space Design

      1. a.
         Open space in a PD-TN District should be designed in a hierarchy of formal and informal spaces and used to enhance community activity, identity, and civic pride. Formal open spaces consist of squares, greens, common areas, or other park-like settings where residents of the neighborhood may gather. Such areas are bounded by streets and/or buildings, and are typically located in or near the geographic center of the neighborhood. Informal open spaces are typically located throughout the development, and take the form of meandering walking paths, greenways, pocket parks, passive recreation areas, and areas set aside for vegetation retention.
      2. b.
         Some portion of the open space provided within a PD-TN shall be located to serve as a central open space or gathering area for the development.
   5. 5.
      Building Configuration

      1. a.
         Public Buildings and Uses
         Public buildings and uses, including Government Facilities, Community Service uses, and Educational Facilities, serve as focal points and landmarks for the community within a PD-TN district and should be located on prominent sites, such as terminal vistas at the end of streets and on prominent street corners. The Master Plan shall designate the general location of publicly or privately owned civic lots for civic buildings and uses, including public monuments or gateways into an ensuing space, as the terminus of street vistas for all major internal streets. In addition, public buildings and uses shall be located fronting on or adjacent to a square, plaza, or village green whenever possible.
      2. b.
         Location and Relationship between Buildings
         In a PD-TN district, buildings should be used to define the street edge and the distinction between the public domain of the street and the private space of individual lots. To this end, buildings should have a fairly consistent, narrow setback alignment along the street frontage.
      3. c.
         Relationship betweenBuilding Types
         Buildings in a PD-TN district should be built on a human scale and designed with a common, harmonious architectural vocabulary and landscaping to lend an intimate and personal feel to the streetscape. The intent should not be to create a uniform appearance, but rather a distinct sense of place.

(Ord. No. S2012-025, § 16, 11-13-2012)

Effective on: 11/18/2013

1. Purpose
   Overlay zoning districts are superimposed over portions of one or more underlying base zoning districts, conditional zoning districts, or planned development districts with the intent of supplementing generally applicable development regulations with additional development regulations that address special area-specific conditions, features, or plans while maintaining the character and purposes of the underlying zoning district.
2. Establishment of Overlay Zoning Districts
   Table 30-3.H.1.B, Overlay Zoning Districts Established, sets out the overlay zoning districts established by this Ordinance. Except where specifically provided in this Ordinance, variances from the overlay zoning district standards shall not be granted.

3. Classification of Overlay Zoning Districts
   Land shall be classified or reclassified into an overlay zoning district only in accordance with the procedures and requirements set forth in Section 30-2.C.1, Map Amendment (Rezoning).
4. Relationship to Other Zoning Districts
   1. Overlay District Controls
      Regulations governing development in an overlay zoning district shall apply in addition to the regulations governing development in the underlying base zoning district, conditional zoning district, or planned development district. If the standards governing an overlay zoning district expressly conflict with those governing a base zoning district, conditional zoning district, or planned development district, the standards governing the overlay district shall control. Where land is classified into multiple overlay zoning districts and the standards governing one overlay zoning district expressly conflict with those governing another overlay district, the more restrictive standard shall apply.
   2. Structures undergoing design review
      Structures subject to design review pursuant to this Article by any official design review board established in this Article which are found to comply with the applicable design guidelines by the applicable design review board shall be exempt from the dimensional standards of the underlying zoning district, the general development standards, and the signage requirements established in this Article to the extent that those requirements conflict with the applicable design guidelines. Such exemptions shall be explicitly noted in the action by the design review board.

(Ord. No.S2012-025, § 16, 11-13-2012; Ord. No.S2013-002, § 4, 2-11-2013; Ord. No.S2014-011, § 5, 8-11-2014; Ord. No.S2014-017, § 3, 10-27-2014; Ord. No.S2014-018, § 4, 10-27-2014; Ord. No. S2016-004, § 2, 5-23, 2016)

Effective on: 10/27/2014

1. a.
   Purpose
   The purpose of this district is to uphold the public health, safety, and welfare of the community in the vicinity of the Cape Fear Valley Hospital. It aims to foster harmony between residential and non-residential land uses, advocating for development that is not only compatible and of high quality but also specifically designed to support the expansion of the Cape Fear Falley Hospital and associated land uses. This approach is stategically geared to enhance the prosperity and well-being of the surrounding community. Specifically, the requirements of the overlay are intended to:

   1. 1.
      Protect surrounding neighborhoods from being adversely affected by inappropriate or poor quality development;
   2. 2.
      Allow for compact development, while providing adequate room for parking, landscaping and buffering;
   3. 3.
      Create more attractive, pedestrian-friendly developments, less dominated by the automobile; and
   4. 4.
      Minimize traffic impacts through limitations on certain land uses, access management, traffic calming, street improvements, intersection improvements and other means.
2. b.
   Applicability and Permits Required

   1. 1.
      The provisions of this section shall apply to all new nonresidential development within the Hospital Area Overlay District (HAO) and any addition, remodeling, relocation or construction of nonresidential property requiring a zoning permit or a Building Permit.
   2. 2.
      No Building Permit may be issued until the City Manager determines that the proposal complies with all the standards of this overlay, as well as those of the underlying base zoning district.
   3. 3.
      A Special Use Permit (see Section 30-2.C.7) shall also be required for nonresidential development within 100 feet of a lot occupied by a single-family dwelling; except, that the following shall be exempt from the SUP requirement: (1) redevelopment (as defined in Section 30-9); or (2) complete demolition and reconstruction of a building on the same parcel.
   4. 4.
      In the case of conflict between these standards and other design standards of this Ordinance, the design standards of this overlay shall control.
   5. 5.
      The boundary of the Hospital Area Overlay (HAO) District is hereby established as shown on the map included on the Introduction page of Appendix 7.4 of the Hospital Area Plan as subsequently amended November 24, 2014, by zoning case P14-40F to remove the commercially developed area at the northern end of Walter Read Road, and said amended map is incorporated by reference into this Ordinance. A copy of this amended map is on file in the office of the City Clerk.
3. c.
   Permitted Land Uses and General Requirements
   All uses permitted in the underlying base zoning districts shall continue as a permitted use within the overlay district except as noted in paragraph (d) below. All area, yard, height regulations, and additional requirements for underlying base zoning districts shall continue to apply except as otherwise noted in this section.
4. d.
   Certain Streets Reserved for Offices and Single-Family Dwellings Only

   1. 1.
      Street Segments
      While the OI district in this Ordinance allows for uses other than offices, the following street segments within the Overlay area zoned OI shall be reserved for the uses listed in (2) below:

      1. a.
         Boone Trail, West, from the existing nonresidential zoning near Owen Drive and Bordeaux Shopping Center to the intersection of Boone Trail and Fargo Drive.
      2. b.
         Owen Drive and Terry Circle, from one lot north of Player Avenue to the south entrance of Terry Circle; and
      3. c.
         The south side of  Village Drive, from Conover Drive westward to Roxie Avenue;
   2. 2.
      Allowable Uses
      Only the following uses shall be allowed along the street segments identified in (1) above:

      1. a.
         Office, Sales.
      2. b.
         Office, Professional Services; and
      3. c.
         Office, Business Services;
      4. d.
         Medical Treatment Facility;
      5. e.
         Medical or Dental Lab;
      6. f.
         Medical or Dental Clinic;
   3. 3.
      Prohibited Uses
      Other uses typically permitted in the OI district are prohibited in the identified street segments so as to protect nearby residential neighborhoods from encroachment by incompatible uses. The intent of this range of uses is to (a) allow existing residents to continue to live in and enjoy their homes, (b) provide for and encourage office and medical uses supportive of the economy of this sector of the City, and (c) provide for an appropriate transitional use between the hospital and nearby neighborhoods. The specific locations reserved for these uses are identified below and on the zoning map.
5. e.
   Numerical Performance Standards

   1. 1.
      Minimum Lot Size
      The minimum lot size shall be 20,000 square feet. A reduction in the minimum lot size of up to ten percent may be approved through an Administrative Adjustment (Section 30-2.C.16, provided this reduction meets the purpose and other standards of the overlay.
   2. 2.
      [Reserved.]
   3. 3.
      Front Yard "Build To" Line
      The front facade of the principal building shall be located ten feet or less from the street right-of-way. A greater setback of up to 15 feet from the right-of-way edge may be approved in accordance with an Administrative Adjustment (see Section 30-2.C.16).
6. f.
   Building Heights and Roof Forms

   1. 1.
      Any non-residential building located within 50 feet of a lot line shared with an existing single-family zoning district shall not exceed two stories or 35 feet in height, and shall have a pitched roof form (see Figure 30-3.H.2.f).
   2. 2.
      Any nonresidential building located between 50 and 100 feet of a lot line shared with an existing single-family zoning district shall not exceed three stories or 45 feet in height, and shall have a pitched roof form.
   3. 3.
      Any nonresidential building located over 100 feet from a lot line shared with an existing single-family zoning district may be four or more stories in height, and may have a flat or pitched roof form.
   4. 4.
      Buildings may have sections stepped in height so long as each section is built in compliance with the height/distance standards set forth under paragraphs (1), (2), and (3) above.

      Figure 30-3.H.2.f: Roof  Forms Adjacent to HAO District

7. g.
   Parking

   1. 1.
      Number of Parking Spaces

      1. a.
         Office Uses
         All office uses shall maintain three off-street parking spaces for every 1,000 square feet of floor area. This requirement shall supersede the parking requirements for offices specified in Table 30-5.A.4.b or other sections of this Ordinance.
      2. b.
         All Other Nonresidential Uses
         All other nonresidential uses, other than offices, including health care facilities, shall comply with the off-street parking requirements of Table 30-5.A.4.B, Minimum Off-Street Parking Standards.
   2. 2.
      Location of Parking
      New buildings shall have off-street parking spaces located behind the rear building face of the principal building on the lot. Up to 25 percent of parking spaces may be located to the side of the building behind the front building façade.

      Figure 30-3.H.2.g: HAO Parking Lot Cross Access

   3. 3.
      Parking Lot Cross-Access
      Cross-access between adjoining lots shall be provided in accordance with Figure 30-3.H.2.g, and Section 30-5.A.3.f. Parking Lot Cross-Access.
8. h.
   Landscaping Requirements

   1. 1.
      General
      Ten percent of the total site area must be planted with something other than grass. Required planting materials shall correspond to the city's approved species list, unless alternative materials are proposed as part of an Alternative Landscape Plan (see Section 30-5.B.4.f).
   2. 2.
      Street Trees
      There shall be an approved street tree located along both front and side streets, in accordance with Section 30-5.B.4.a, Street Trees.
   3. 3.
      Parking Lot Trees
      No parking space shall be separated from the trunk of a canopy tree by more than 60 feet.
   4. 4.
      Parking Lot Perimeter Landscape Screen
      The edge of all areas containing parking spaces shall be planted with a continuous evergreen landscape screen with a minimum height of 24 inches above grade at time of planting.
9. i.
   Buffering Requirements

   1. 1.
      Residential Buffer
      Where a property line abuts another property zoned or used residentially, there shall be a ten foot wide Type D perimeter landscape buffer along that property line, in accordance with Figure 30-3.H.2.i.1, and the following:

      1. a.
         Fence or Wall
         The finished side of the fence or wall must face the residential lands and be a minimum of six feet in height.
      2. b.
         Vegetation
         Approved vegetation must include evergreen plant material that will provide a completely opaque buffer greater than or equal to 25 feet in height within five years of building occupancy.
      3. c.
         Encroachments
         No buildings or parking areas may encroach into the buffer. Permitted encroachments (like walls or fences) are allowed as specified under Permitted Encroachments into Required Setbacks (see Section 30-9.B.1.f.2).

         Figure 30-3.H.2.i.1: Perimeter Buffer Along Residentially-Zoned Lands

10. j.
    Sidewalks
    Upon development activity reviewed under the requirements of this overlay, a sidewalk no less than five feet in width shall be provided along the street frontages of all nonresidentially zoned lands within the HAO district.

(Ord. No. S2011-014, § 2, 11-28-2011; Ord. No. S2012-016, §§ 2.1—2.3, 9-10-2012; Ord. No. S2014-020, § 2, 11/24/2014; Ord. No. Ord. No. S2020-011, § 4, 11/23/2020; Ord. No. S2023-017, § 1, 03/23/2023; Ord. No. S2024-014, § 1, 06/24/2024; Ord. No. S2024-015, § 1, 06/24/2024)

Effective on: 6/24/2024

1. a.
   Purpose
   In recognition that the historic heritage of the City is one of its most valued and important assets, the Local Historic Overlay (LHO) district is established and intended to safeguard that heritage by identifying, recognizing, preserving, maintaining, protecting, and enhancing old, historic, and architecturally valuable structures, properties, districts, or neighborhoods that serve as important elements and visible reminders of the social, cultural, economic, political, or architectural history of the City, County, State, or nation. More specifically, the Local Historic Overlay District is intended to:

   1. 1.
      Foster civic pride;
   2. 2.
      Preserve the City's heritage;
   3. 3.
      Preserve the character and desirable historic, architectural, and aesthetic features of the City;
   4. 4.
      Stabilize and enhance the value of properties that are within historic districts or designated as historic landmarks, as well as the areas surrounding them;
   5. 5.
      Protect and enhance the attractiveness of the City to residents, tourists, and visitors, thereby supporting and stimulating business and industry;
   6. 6.
      Protect and enrich the quality of life for City residents;
   7. 7.
      Foster wider public knowledge and appreciation of structures, properties, districts, or neighborhoods that provide a unique and valuable perspective on the social, cultural, economic traditions and ways of life of past generations;
   8. 8.
      Foster architectural creativity by preserving physical examples of outstanding architectural designs and techniques of the past; and
   9. 9.
      Encourage new structures and developments that will be harmonious with and complement the character of existing structures, properties, and districts designated in accordance with this section.
2. b.
   Procedures and Standards for HLO District Classification
   Except as modified by subsections (1) and (2) below, classification or reclassification of land into the LHO District shall occur in accordance with the procedures and requirements of Section 30-2.C.1, Map Amendment (Rezoning).

   1. 1.
      Procedure

      1. a.
         Pre-Application Requirements
         The following actions shall occur before the Map Amendment (Rezoning) application is submitted:

         1. 1.
            In the case of a proposal to apply the LHO District classification to a geographic areas, the Historic Resources Commission shall undertake an inventory of properties of historical, prehistorical, architectural, and cultural significance within the City and submit the inventory and description of the proposed boundaries of the area to be classified to the North Carolina Office of Archives and History;
         2. 2.
            The Historic Resources Commission shall make or cause to be made an investigation and report describing the historic, prehistorical, architectural, educational, or cultural significance of the buildings, structures, sites, or surroundings proposed to be included in the LHO district as well as a description of the proposed boundaries of the area to be classified;
         3. 3.
            The City shall forward the investigative report to the North Carolina Department of Natural and Cultural Resources, acting through the State Historic Preservation Officer or his designee, which shall be given 30 calendar days from receipt of the report to review the report and submit a written analysis and recommendations to the City Council; and
         4. 4.
            Upon receiving a written analysis and recommendations on the report from the State Historic Preservation Office, or expiration of the 30-day review period set forth in sub-section 3. above, the City Council may chooses to refer the report (and boundary description to the City Manager to initiate a Map Amendment (Rezoning) application to classify the proposed area into the LHO District.
   2. 2.
      Standards
      In addition to the review standards in Section 30-2.C.1.g, Map Amendment (Rezoning) Standards, no property shall be recommended for expansion of a LHO District or designation as a new LHO District unless it is deemed and found by the Historic Preservation Commission to be of special significance in terms of its historical, prehistorical, architectural, or cultural importance, and possesses integrity of design, setting, workmanship, materials, feeling, and/or association.
3. c.
   Certificate of Appropriateness Required
   After land is classified as a LHO District, no exterior portion of any building or other structure, including masonry walls, fences, light fixtures, steps and pavement, or other appurtenant features, nor aboveground utility structure, nor any type of outdoor advertising sign on the property shall be erected, altered, restored, moved, or demolished without approval and issuance of a Certificate of Appropriateness in accordance with Section 30-2.C.8, Certificate of Appropriateness.
4. d.
   Review Guidelines

   1. 1.
      Except as provided in Section 30-3.H.3.d.2 below, the report entitled Design Standards for Fayetteville's Historic Districts and Local Landmarks, as adopted and subsequently amended by the Historic Resources Commission and the City Council, is hereby adopted and incorporated by reference as part of this Ordinance to serve as guidance in reviewing applications for Certificates of Appropriateness:
   2. 2.
      The current edition of the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings shall be the sole guidance used in reviewing applications for Certificates of Appropriateness submitted by the State of North Carolina.
5. e.
   Prevention of Demolition by Neglect

   1. 1.
      Responsibility to Maintain Property
      The owner or other person having legal possession, custody, or control of a property classified as in a LHO District shall maintain the exterior and structural features of the property and not allow the occurrence of conditions of neglect that constitute or substantially contribute to deterioration threatening the structural integrity of structures or architectural details important to the property's historic, prehistoric, architectural, or cultural character. Failure to do meet this responsibility shall be a violation of this Ordinance. Conditions that, if substantial or serious enough, could constitute a condition of neglect include, but are not limited to, the following:

      1. a.
         Deterioration of exterior walls, foundations, or other vertical support that causes leaning, sagging, splitting, listing, or buckling;
      2. b.
         Deterioration of flooring or floor supports, roofs, or other horizontal members that causes leaning, sagging, splitting, listing, or buckling;
      3. c.
         Deterioration of external chimneys that causes leaning, sagging, splitting, listing, or buckling;
      4. d.
         Deterioration or crumbling of exterior plasters or mortars;
      5. e.
         Ineffective waterproofing of exterior walls, roofs, and foundations, including broken windows or doors;
      6. f.
         Defective protection or lack of weather protection for exterior wall and roof coverings, including lack of paint, or weathering due to lack of paint or other protective covering;
      7. g.
         Rotting, holes, and other forms of decay;
      8. h.
         Deterioration of exterior stairs, porches, handrails, window and door frames, cornices, wall facings, and architectural details that causes delamination, instability, loss of shape and form, or crumbling;
      9. i.
         Heaving, subsidence, or cracking of sidewalks, steps, or pathways;
      10. j.
          Deterioration of fences, gates, and accessory structures;
      11. k.
          Deterioration that has a detrimental effect upon the special character of the district as a whole or the unique attributes and character of the historic landmark; and
      12. l.
          Deterioration of any exterior feature so as to create or permit the creation of any hazardous or unsafe conditions to life, health, or other property.
   2. 2.
      Enforcement
      Enforcement of violations of the requirement to not allow conditions of neglect shall be in accordance with Article 30-8: Enforcement, except that the Historic Resources Commission is expressly authorized to file complaints with the City Manager about deteriorating properties in LHO Districts in accordance with Section 30-8.E.2, Complaints Regarding Violations, and the following procedures shall apply instead of those in Section 30-8.E.4:

      1. a.
         On finding that a condition of neglect has been allowed to occur, the City Manager shall provide written notification of violation, by personal service or certified mail, return receipt requested, to the owner of the property or other persons having legal possession, custody, or control of the property. Such notification shall:

         1. 1.
            Describe the location and nature of the conditions of neglect;
         2. 2.
            State the actions necessary to abate the conditions of neglect; and
         3. 3.
            Order that the conditions of neglect be corrected or an administrative hearing be requested within a stated period of time not to exceed 30 days after receipt of the Notice of Violation.
      2. b.
         If the violator requests an administrative hearing within the specified time period, the City Manager shall schedule a hearing with the violator not less than ten days nor more than 30 days after receiving the request, and shall provide written notice of the time and place of the hearing to the violator.
      3. c.
         The purpose of the hearing is to discuss the conditions of neglect and how they might be corrected, and to determine whether the violator wishes to petition the Historic Resources Commission to consider a claim of undue economic hardship in accordance with Section 30-3.H.3.e.3 below.
      4. d.
         At the conclusion of the hearing, the City Manager shall make a final determination of whether conditions of neglect exist and, if finding that conditions of neglect exists in violation of this Ordinance, shall order the violator to undertake actions to correct the violation within a stated period of time. If the violator petitions for consideration of a claim of undue economic hardship, the City Manager's order shall be stayed until after the Historic Resources Commission has reached a decision on the claim.
   3. 3.
      Safeguards from Undue Economic Hardship

      1. a.
         Petition for Consideration of Claim

         1. 1.
            The violator may petition the Historic Resources Commission to consider a claim that compliance with the order to correct the violation would create undue economic hardship by submitting a written petition to the City Manager within seven days after the hearing.
         2. 2.
            The City Manager shall forward the petition to the Historic Resources Commission to hear and review at its next available regular meeting, and provide notice of the time and place of the meeting to the petitioner.
      2. b.
         Evidence of Hardship
         The petitioner shall bear the burden of presenting sufficient evidence to allow the Historic Resources Commission to determine that undue economic hardship exists. Such evidence shall include at least the following:

         1. 1.
            For All Properties:

            1. A.
               Nature of property ownership (individual, business, or nonprofit) or other legal possession, custody, or control;
            2. B.
               A description of the structures involved;
            3. C.
               Petitioner's financial resources;
            4. D.
               Cost of required repairs or other corrective measures;
            5. E.
               Assessed value of the land and improvements;
            6. F.
               Real estate taxes for the previous two years;
            7. G.
               Amount paid for the property;
            8. H.
               Date of purchase;
            9. I.
               Party from whom purchased, including a description of the relationship between the owner and the person from whom the property was purchased, or other means of acquisition of title, such as by gift or inheritance;
            10. J.
                Annual debt service, if any, for previous two years; and
            11. K.
                Any listing of the property for sale or rent, price asked, and offers received, if any.
         2. 2.
            For Income-Producing Properties:

            1. A.
               If the property is income-producing, the annual gross income from the property for the previous two years;
            2. B.
               Itemized operating and maintenance expenses for the previous two years, including proof that adequate and competent management procedures were followed; and
            3. C.
               Annual cash flow, if any, for the previous two years.
6. f.
   Temporary Boarding Up of Windows and Doors
   No windows or doors of a deteriorating structure classified as in a HLO District shall be boarded up or barricaded unless authorized for only a short period of time by a Certificate of Appropriateness approved in accordance with Section 30-2.C.8, Certificate of Appropriateness, as a means of protecting the structure against further deterioration pending replacement of the boarded-up or barricaded windows or doors. Any temporary boarding up or barricading of a window or door that will remain in place for more than one month shall be painted as specified by the Certificate of Appropriateness.

Ord. No. S2025-002, § 1, 02/24/2025

Effective on: 2/24/2025

1. Purpose
   The Manufactured Home Overlay (MHO) district is established and intended to accommodate the placement of manufactured homes in the City in accordance with City- adopted plans, local housing needs, and appearance and dimensional standards designed to protect property values, preserve the character and integrity of the community and individual neighborhoods within the community, and promote the public health, safety, and welfare of area residents.
2. Applicability
   1. The Manufactured Home Overlay (MHO) District shall be applied only to lands where:
      1. The underlying zoning allows single-family detached dwellings (see Table 30-4.A.2, Use Table);
      2. Characteristics of the area are not conducive to construction of new site-built homes; and
      3. Manufactured homes designed in accordance with applicable appearance and dimensional standards are compatible with the characteristics of the surrounding neighborhood.
   2. In accordance with Section 160D-905 of the North Carolina General Statutes, the MHO district may not be applied to an individual lot or scattered lots, but shall be applied to a defined area in which additional requirements or standards are placed on manufactured homes.
3. District Standards
   1. Uses
      Irrespective of whether manufactured homes are allowed in the underlying zoning district, a Class A manufactured home on an individual lot shall be a permitted use in the MHO district.
   2. Other Standards
      Manufactured homes in the MHO district shall comply with the use-specific standards in Section 30-4.C.2.a.3, Manufactured Home, Class A.

(Ord. No. S2021-023, § 3, 05/10/2021)

Effective on: 11/18/2013

1. Purpose
   The Noise-Accident Potential Overlay (NPO) zoning district is established and intended to reduce the concentration of people exposed to the higher than average noise levels and potential for aircraft accidents associated with proximity to airports and military installations.
2. Applicability
   Irrespective of what standards the underlying zoning district applies, land within the Noise-Accident Potential Overlay (NPO) district shall be subject to the standards of this subsection.
3. District Standards
   1. Because of accident hazard potential, residential use in this zone should not be allowed without strong demonstration of need to utilize this area for residential use. If allowed, it should be limited to the minimum necessary area, and not exceed one dwelling unit per five acres. Additional consideration should be given to modify the NLR levels based on peak noise levels. Such criteria, however, will not eliminate outdoor environmental noise levels.
   2. Clubhouses and other structures for gatherings should not be allowed. Passive recreation uses that do not congregate people are allowed.
   3. The indicated noise reduction level (20, 25, 30 or 35) applies to those portions of structures where the public is received.
   4. Uses are compatible if they do not result in a gathering of individuals in an area that would result in an average density of greater than 25 persons per acre per hour during a 24-hour period, not to exceed 50 persons per acre at any time.

Effective on: 11/18/2013

1. a.
   Purpose
   The purpose of this district is to protect the public health, safety, and welfare in the vicinity of the Fayetteville Regional Airport by minimizing exposure to and giving public notice of probable high noise levels and accident hazards generated by the airport operations and to encourage future development that is compatible with the continued operation of the airport and the economic well being of the City.
2. b.
   Applicability

   1. 1.
      The provision of this section shall apply to all new development within the Airport Overlay District (APO) and any addition, remodeling, relocation or construction of property requiring a Building Permit. These provisions shall also apply to all trees located within the boundary of APO.
   2. 2.
      Where the provisions of this section conflict with the remaining provisions of this Ordinance and any other provision of the City Code of Ordinances, or other Federal, State, or local regulation, the more restrictive regulation shall apply.
   3. 3.
      The boundary of the APO is established as a layer on the Official Zoning Map in digital format and is hereby adopted and incorporated into these provisions.
3. c.
   District Standards
   The land uses allowed under the terms of this Ordinance shall continue to be allowed in the same manner as established by this Ordinance; however, upon the consideration of any petition for the rezoning of property within the APO, the City Manager, the Zoning Commission, and the City Council shall give considerable weight to the following factors when formulating their recommendations or decisions:

   1. 1.
      Uses
      All allowed uses within the district being requested should be compatible with the continued operation of the airport and consistent with the 2023 Off-Airport Land Use Plan, or subsequent amendments to the plan.
   2. 2.
      Incompatible Uses in Other Districts
      Any district that allows a use incompatible with the airport operations should not be favorably considered without a favorable recommendation from the Fayetteville Airport Director to include such uses as high concentration of residential units, buildings having large assembly of people, smoke or other substances that would impair aircraft visibility or interfere with its operation, light emissions that interfere with pilot vision, electrical interference, tall smokestacks or telecommunication towers and uses that attract birds and water fowl.

      1. a.
         Manufactured homes shall not be permitted to be located on any property abutting Airport Road, between Gillespie Street and the Fayetteville Airport.
      2. b.
         In addition, any existing manufacture homes located on parcels that abut Airport Road, between Gillespie Street and the Fayetteville Airport, once removed, shall not be replaced.
      3. c.
         The abutting parcels shall form an area known as the Airport Entrance Corridor and be established as a layer on the Official Zoning Map of the City of Fayetteville, North Carolina. If the parcels abutting Airport Road, as identified in this section, are expanded or reduced through subdivision, the layer boundaries on the Official Zoning Map shall be amended accordingly in compliance with this section.
   3. 3.
      Structures
      Structures shall not be erected, altered, or maintained and no tree shall be allowed to grow to a height in excess of the applicable height limits established and regulated by the Federal Aviation Administration (FAA), and prior to application for any Building Permit the developer shall provide the City a copy of the FAA's acknowledgement of receipt of FAA Form 7460-1, Notice of Proposed Construction or Alteration, as required by Part 77 of the Federal Aviation Regulations (14 C.F.R. Part 77). In the event, the FAA's acknowledgement indicates the proposed development would provide an obstruction and/or a hazard to air navigation, the developer must provide either written consent from the Airport Director as related to the proposed development or seek a Variance under the provisions of this Ordinance. Notwithstanding the provisions of this section, height limitations shall not apply to any structure or any vegetation that is 35 feet or less in height, except when such tree or structure, because of terrain, land contour, or topographic features, would extend above the height limits of the FAA. The FAA height limitations generally include the following:

      1. a.
         Approach Zone
         Height limitations for approach zones shall be determined by measuring outward and upward at a 50:1 slope for Runway 4/22 and slope of 50:1 for Runway 10/28. This measurement is commenced from the end of and at the same elevation as the end of the respective runway centerline to the prescribed horizontal distance.
      2. b.
         Transitional Zone
         Height limitations for the transitional zone shall be determined by measuring outward and upward at a 7:1 slope from the sides of and at the same elevation as the Approach Surface, and extending to the point of intersection with a horizontal surface or conical surface.
      3. c.
         Conical Zone
         Height limitations in the conical zone are established by measuring from the periphery of the horizontal zone and at 150 feet above elevation outward and upward at a 20:1 slope to a height of 350 feet above airport elevation.
      4. d.
         Horizontal Zone
         Height limitations in the horizontal zone are established at 150 feet above airport elevation (190 MSL).
   4. 4.
      Notice Required
      Any Site Plan, Subdivision Plan or Final Plat for land located within the APO that is submitted for review and approval under the terms of this Ordinance shall contain the following notice: "Property shown on this plan/plat is within the City of Fayetteville Airport Overlay District"
   5. 5.
      Lighting
      Any allowed use, subdivision, or other development located within the APO shall not include outdoor lighting or illumination arranged and/or operated in such a manner as to be misleading or pose a danger to aircraft operations and in no case shall lighting be in contradiction to the provisions of this Ordinance.
   6. 6.
      Penetrating Structures or Vegetation
      The owner of any existing structure or vegetation that is currently penetrating any referenced surface within the APO shall permit the installation, operation, and maintenance thereon of whatever markers and lights deemed necessary by the Federal Aviation Administration or by the Fayetteville Airport Director to indicate to the operators of aircraft in the vicinity of the airport the presence of an airport obstruction. These markers and lights shall be installed, operated, and maintained at the expense of the Fayetteville Regional Airport.
   7. 7.
      Nonconforming Structures or Vegetation

      1. a.
         The regulations prescribed in this section shall not be construed to require the removal, lowering, or other change or alteration of any existing structure that is found to be nonconforming to the provisions of this section as of the effective date of this Ordinance, or otherwise interfere with the continuance of an existing use.
      2. b.
         Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which valid permits have been issued prior to the effective date of this Ordinance, and is diligently exercised.
      3. c.
         The provision of this subsection do not apply to any tree, which may be trimmed in the event the tree is found to be encroaching into the airspace zones established in subsection (6) above.
      4. d.
         Whenever it is determined that a nonconforming tree or structure has been abandoned or more than 50 percent torn down, physically deteriorated, or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations.

(Ord. No. S2023-021, § 1, 05/22/2023)

Effective on: 11/18/2013

[Placeholder]

Effective on: 11/18/2013

[Placeholder]

Effective on: 11/18/2013

1. Purpose
   The Neighborhood Conservation Overlay (NCO) District is established and intended to protect and preserve the unique design features and character of established neighborhoods throughout the City, and to promote new construction that is compatible with the existing neighborhood character. The Neighborhood Conservation Overlay District is a flexible tool that may be applied to multiple neighborhoods, each of which will have its own unique architectural, natural, cultural, and historic attributes.
2. Establishment of Individual Neighborhood Conservation Districts
   The City Council may establish individual Neighborhood Conservation Overlay Districts in accordance with this section and Section 30-2.C.1, Map Amendment (Rezoning), after approving an area plan for the neighborhood specifying the development context in the district. Each district shall comply with the standards in Section 30-3.H.9.d, General Development Standards for All NCO Districts. In establishing a new NCO District, the City Council may also establish a unique set of development standards applicable to all development in the particular district (see Section 30-3.H.9.e, District-Specific Development Standards).
3. Minimum Standards for Designation of an NCO District
   The City Council may approve an application for designation of a NCO District only if:
   1. At least 65 percent of the land area within the proposed NCO district, not including street and other right-of-way, is developed;
   2. Development patterns in the district demonstrate an on-going effort to maintain or rehabilitate the character and physical features of existing buildings in the district;
   3. There is existing or potential pressure for new development or redevelopment within the district;
   4. The area must possess one or more of the following distinctive features that create a cohesive identifiable setting, character or association:
      1. Scale, size, type of construction, or distinctive building materials;
      2. Lot layouts, setbacks, street layouts, alleys or sidewalks;
      3. Special natural or streetscape characteristics, such as creek beds, parks, gardens or street landscaping;
      4. Land use patterns, including mixed or unique uses or activities; or
      5. Abuts or links designated historic districts and/or landmarks.
   5. The development standards proposed to be applied to the district will encourage the retention of the general character and appearance of existing development in the district.
4. General Development Standards for All NCO Districts
   1. Compliance with Underlying Zoning District Standards
      These standards supplement and might supersede the applicable standards found in the underlying base zoning district, conditional zoning district, or planned development district.
   2. Compliance with Approved Design and Development Standards
      When an NCO district is established, no permit for any new construction or expansion of an existing structure resulting in an increase in building footprint area of 25 percent or more may be issued until the City Manager determines that the proposal complies with all design standards established for the NCO district where the land is located.
   3. Conflict with Other Standards
      In the case of conflict between the NCO district standards and any other standards of this Ordinance, the NCO district development standards shall control.
5. District-Specific Development Standards
   Each area designated as a Neighborhood Conservation Overlay District shall identify, with specificity, the standards to be applied to all new construction and expansion of existing structures. Aspects of development that these standards may address, include, but are not be limited to:
   1. Lot size;
   2. Location of proposed buildings or additions;
   3. Setbacks or required yards;
   4. Building height;
   5. Building size (for principal and accessory structures);
   6. Building orientation;
   7. Exterior building materials and colors;
   8. Building roof line and pitch;
   9. Building foundation treatment;
   10. Landscaping and screening;
   11. Impervious surface coverage;
   12. Paving requirements or limitations;
   13. Exterior lighting;
   14. Required features on a front façade;
   15. Uses;
   16. Views of or from specific locations;
   17. Riparian areas, wetland areas, or drainage patterns; and
   18. Demolition of structures.
6. Specific Neighborhood Conservation Overlay District [Placeholder]

Effective on: 11/18/2013

1. Purpose

The Cape Fear River Overlay is hereby created to celebrate, conserve, promote, and manage those areas on both sides of the Cape Fear River within the corporate limits. These standards will ensure that new development is compatible with and enhances the unique river resources called for in the Cape Fear River Plan. It is the intent of these standards to promote economic revitalization throughout the river area while providing for an opportunity for enjoyment of the river by a maximum number of citizens, neighbors, and guests.

The goals of the Cape Fear River Overlay are to:

1. Promote the protection and improvement of the Cape Fear River as a natural resource and a water supply source;
2. Allow a compatible mixture of river oriented land uses (residential, recreational, office/institutional, commercial, manufacturing, industrial, open space, and agricultural) through the establishment of specific development standards;
3. Promote responsible development that will result in minimal stormwater runoff, soil erosion, river bank destabilization, and flood damage;
4. Promote the preservation of a vegetative buffer corridor between the top of the river bank and new development to protect property from flooding and to enhance water quality, while promoting aesthetics;
5. Promote the protection of existing natural areas, wetlands, and habitats, especially bluffs along the river;
6. Encourage the conservation, protection, and promotion of the overlay’s natural, cultural, and historic resources to enhance its value as a significant amenity to Fayetteville’s citizens, neighbors and tourists;
7. Encourage the creation of identifiable neighborhoods within the overlay and the enhancement of areas of historical significance;
8. Promote improvements to existing infrastructure;
9. Promote the river as a gateway to the city by encouraging the improvement of physical connections to Downtown, Campbellton Landing, and the Cape Fear Botanical Gardens; and
10. Promote recreational access to the Cape Fear River.

2. Applicability and Permits Required
   1. The provisions of this section shall apply to all new development within the Cape Fear River Overlay (CFRO) and its defined character areas as may be established in this overlay, excepting individual single or two-family uses.  Further, the provisions of this section shall apply to any addition, remodeling, relocation or construction of property requiring a zoning permit or a Building Permit, excepting existing single or two-family development.
   2. No Building Permit may be issued until the City Manager determines that the proposal complies with all the standards of this overlay, as well as those of the underlying base zoning district.
   3. In the case of conflict between these standards and other standards of this Ordinance, the standards of this overlay shall control.
   4. The boundary of the Cape Fear River Overlay District shall be established through an amendment to the Official Zoning map and the mapped boundaries shall be incorporated by reference into this Ordinance.  An official copy of this map is on file in the office of the City Clerk.  The boundary includes the definition of a subdistrict referred to as the River Village, also shown on the referenced map.

3. Allowable Land Uses and General Requirements
   1. Standards:  All area, yard, height regulations, and additional requirements for underlying base zoning districts shall continue to apply except as otherwise noted in this section.
   2. Setbacks in the River Village:  Setbacks in the River Village may be reduced during the Technical Review Committee (TRC) plan review approval process.   
   3. Permitted Uses:  All uses permitted in the underlying base zoning districts shall continue as a permitted use within the overlay district except as specified below.
   4. Prohibited Uses:  In addition to those identified in Table 30-4.A.2, the following uses are prohibited in the Cape Fear River Overlay District:

Adult entertainment

Asphalt plants

Businesses manufacturing or storing materials listed as H1 hazardous materials as identified in the current version of the North Carolina State Building Code

Chemical storage facilities

Detention centers, jails, and related correctional facilities

Gas manufacturing

Hazardous waste management facilities

Manufacture or storage of ammunition, dynamite, or other high explosives

Mining

Outdoor storage as a principle use

Salvage yards

Slaughter houses 

4. River Setback Buffer
   1. The buffer of protection for the Cape Fear River shall be a minimum of 100 feet from the top of the bank in order to protect the scenic view of natural features from the waterway and the aesthetic character of the river corridor from the land adjoining the river; protect the stability of the riverbank; and to help protect the water quality by filtering the nonpoint runoff entering the river.
   2. The river setback buffer shall be required of those properties abutting the Cape Fear River banks for all new development on these lots. The river setback buffer is to be measured from the top of the bank at the time of site plan approval. Existing continuous tree stands should be preserved to stabilize the river bank. Selective pruning or removal of diseased trees and shrubs and invasive vegetation in the river buffer is permissible, provided that a live root system stays intact to provide for bank stabilization, erosion control, and improved water quality. Dead and diseased vegetation may be removed.

Only trails and facilities which are directly related to River access or consistent with the purposes of the CD Conservation district shall be permitted within the buffer with the exception of new uses compliant with the River Village District described in the Cape Fear River Plan.

(Ord. No. S2016-004, §1, 5-23-2016)

Effective on: 5/23/2016

1. a.
   Purpose

The primary purpose of this overlay district is to ensure that development within the district boundary is compatible with the objective of promoting the Crown Coliseum Complex and establishing the image as a contemporary, vibrant retail area that is harmonious with the complex events. By ensuring that new construction and re-development is oriented to serving the users of the coliseum complex, particularly the traveling public, the economic well-being of the entire county will be maximized. 

2. b.
   Applicability and Permits Required

Except as noted in this subsection, the provisions of this section shall apply to the proposed development and re-development of properties within the Coliseum Tourism Overlay District, including any addition, remodeling, relocation or construction requiring a zoning or building permit. In the event there is a conflict between the requirements of other provisions of Chapter 30 and this overlay district, the overlay provisions shall prevail.

The boundary of the CTO is established as a layer on the Official Zoning Map, City of Fayetteville, North Carolina in digital format and is hereby adopted and made a part of the provisions of this section as if the map itself were contained herein - see Appendix for informational sketch maps. This overlay excludes the Dogwood Acres Subdivision. Further, any existing single-family detached structure legally conforming with the standards of the underlying zoning district as of date of adoption of this ordinance shall be exempted from the overlay standard.

3. c.
   Permitted Land Uses and General Requirements

   1. 1.
      ​Definitions: For the purposes of this overlay, the following definitions shall apply:​​

      1. a.
         Hotel: An establishment which provides compensated lodging on a short-term basis with access to units from interior lobbies or hallways, and provides numerous amenities intended to increase guests' lodging satisfaction.
      2. b.
         Motel: An establishment that provides short-term and long-term lodging for compensation, usually with less guest amenities than a hotel, has independent exterior entrances/exits to each unit from the off-street parking area and is typically one or two stories.
   2. 2.
      Principal Uses

To ensure the primary objective of the district is attained and, not including officially sanctioned government events, land uses within the district are limited to the following:

[1] Some commercial uses require additional separation or buffer standards or may require special use permit approval when located adjacent to or across a local street or alley from single-family residential development, in accordance with Section 30-5.K.3 Transitional Standards.

3. 3.
   Accessory Uses

To ensure the primary objective of the district is attained and, not including officially sanctioned government events, land uses within the district are limited to the following:

4. d.
   Numerical Performance Standards

The height, lot and yard setback provisions shall meet the standards of the underlying base zoning district and, where applicable, the transition standards in Section 30-5.K.

5. e.
   Signs

   1. 1.
      Signs shall meet the standards of City Code 30-5.L except in LC and CC districts, all ground and wall signs shall meet the size standards of Cumberland County's C1(P) zoning district (zoning standards, Section 1306-B.2), which are listed below. Also, an alternative signage plan may be proposed for private development of over 10 acres and for institutional and public uses regardless of size (City Code 30-5.L.10.(g)).

      1. a.
         One freestanding sign not exceeding 100 square feet in area is allowed for sites with a maximum of five occupants. Sites with more than five occupants may have an additional 10 square feet maximum area for each occupant over five, with a total maximum freestanding sign area not to exceed 200 square feet in area. 
      2. b.
         Attached signs shall not exceed two square feet in area for each front foot of structure the occupant occupies.
      3. c.
         Attached signs may be placed on any side of the building.
   2. 2.

      Billboards shall meet the standards of City Code 30-5.L.8.b.6. In addition, billboards shall be allowed only along the right-of-way of full-control or limited-control access roadways and prohibited within 1,000 feet of either side of the right-of-way of the following:

      1. a.

         U.S. Highway 301 (South Eastern Boulevard/Gillespie Street) from NC Highway 87 (Martin Luther King Jr. Freeway) south to SR 2286 (Seven Mountain Drive); and

      2. b.

         Reserved for future use.

6. f.

   ​​Utilities

   All utilities shall be located underground except where specifically prohibited by the utility provider.
7. g.
   Development Standards
   Except as specifically provided for in this Overlay, all development shall meet the standards in City Code Article 30-5 Design Standards.  These standards provide for parking, landscaping, buffers, tree protection and open space, fencing, lighting, community form, and other standards as may be relevant, including the potential for alternative landscaping or parking plans.  However, interconnectivity between parcels within the overlay district is mandatory and shall be included on the site plan indicating the location and width of the proposed interconnecting drive areas along with all driveways to the street right-of-way.  Additionally, preservation of healthy existing trees is encouraged.  Protection of specimen trees, or mitigation to allow their removal, is required. Healthy, well-formed existing trees may be used to meet certain landscaping requirements.  
8. h.
   Nonconformities
   To ensure the primary objective of the district is attained, strict implementation of the below provisions regulating nonconformities within the district, with the exception of legal single family detached residences conforming prior to the adoption of this amendment, is paramount.  For purposes of this section, permissible repair is defined as those repairs, not replacement, that are limited to routine or ordinary maintenance and which would not result in the extension of the normal life of the structure.  Impermissible replacement is defined as maintenance, construction or re-construction of a nonconforming structure or part thereof or structure housing a nonconforming use within the district that is damaged by fire, storm or other causes including natural deterioration to an extent exceeding 40 percent of the structure’s reproducible value or its bulk (including foundations)

   1. 1.
      All nonconforming uses not carried on within a structure, except those which are specifically allowed as an accessory, ancillary or incidental to an allowed use subject to the provisions of this section, shall be discontinued within one calendar year from the effective date of this ordinance, regardless whether or not the nonconforming use status applies to structure(s) and premises in combination with the nonconforming outdoor use – any subsequent use of the land and structures placed thereon shall conform to the provisions of this section.
   2. 2.
      A nonconforming use may not be changed or expanded, or resumed if the nonconforming use has ceased for a period of 180 calendar days within the district. 
   3. 3.
      Any structure that is nonconforming due to noncompliance with dimensional requirements, but which houses an allowed use within the district may continue provided that its nonconformity is not increased, except where specifically approved by the Zoning Commission, and provided that prior to any upgrades to any nonconforming structure housing an allowed use beyond permissible repairs, the minimum landscaping and pedestrian improvements are implemented on the site.
   4. 4.
      Owners of properties within the district shall not allow for the impermissible replacement of any nonconforming structure located inside the district unless specifically approved by the City Council.
   5. 5.
      Existing, legal nonconforming uses may be expanded through the Special Use Permit process in accordance with Article 30-2.C.7 Special Use Permit.  

​​(Ord. No. S2014-011,  § 1, 8-11-2014; Ord. No. S2015-018, § 8, 12-14-2015; Ord. No. S2019-040, 1, 08/26/2019; Ord. No. S2023-013, § 1, 03/23/2023; Ord. No. S2025-014, § 1, 06/23/2025)

Effective on: 6/23/2025

1. General description. The Regional Activity Center Overlay District is created to promote the continued vitality of areas of the City that demonstrate a common, economically significant contribution to the community by ensuring continued  compatibility between existing and future uses in terms of type, scale, and character and by promoting compatibility with other uses proximate to the designated Regional Activity Center.
2. Types of Regional Activity Centers.  Each Regional Activity Center is uniquely defined based upon its specific economic contribution to the community. For example, Regional Activity Center that is defined by a concentration of retail and restaurant uses would be designated in such a manner to support those uses as the dominant categories of land use within the activity center. Likewise, a Regional Activity Center based around a large medical use would include a land use focus supportive of the medical use.
3. Application.  Prior to designating an area as a Regional Activity Center Overlay District, an analysis shall be prepared to identify the defining land uses that make up the district, to identify land uses which are compatible with or incompatible with the defining land uses, and to identify development characteristics, including scale of development and site design features, that complement or threaten the defining land uses.  In establishing a Regional Activity Center Overlay District, City Council may establish limitations on permitted uses and special uses allowed in the underlying zoning district or districts within the Regional Activity Center. City Council may also establish standards with regard to development characteristics that support the defining uses of the Regional Activity Center, such as setbacks, location and amount of parking, access to and buffering of land uses proximate to the Regional Activity Center Overlay District, and similar standards intended to ensure that the Regional Activity Center is maintained as a discrete contributor to the city’s economic mission. Such use limitations and development standards shall be clearly set forth in the ordinance adopting the Regional Activity Center Overlay District.
4. Designation of Specific Overlays.  Each specific Regional Activity Center Overlay shall be entered as a numbered subset of this enabling section and the overlay designated on the Official Zoning Map as RACO-[#].

(Ord. No. S2014-018, § 1, 10-27-2014)

Effective on: 10/27/2014

1. a.
   Purpose
   The purpose of this Suburban Activity Center Overlay (SACO) District is to facilitate infill development and redevelopment in key areas along arterial road corridors. The resulting concentrated mixture of uses in a walkable development pattern is intended to achieve a critical mass of predominantly mixed-use development to:

   1. 1.
      create centers of activity;
   2. 2.
      enhance the viability of existing businesses;
   3. 3.
      promote reinvestment and redevelopment;
   4. 4.
      implement adopted plans;
   5. 5.
      serve as a catalyst for future compatible development and redevelopment in the vicinity of the node;
   6. 6.
      ensure reasonable access from flanking development to retail and neighborhood services; and
   7. 7.
      increase the efficiency and utilization of transportation facilities and services.

2. b.
   Applicability
   A district may be established along any arterial road corridor, provided it is no larger than 125 acres in area (equivalent to a ¼ mile radius around the center of the node) and no closer than approximately two miles from another SACO District, unless otherwise specified in an adopted corridor plan.
   
   Within the SACO District, all development standards of Section 30-5 apply, unless specifically exempted herein or addressed by a different standard (for example, sidewalk width).
   
   Establishment of the overlay district may be initiated by the City or by owners of property in the specified area, in accordance with Sec. 30-2.C.1 Map Amendments.  The standards would apply to development that involves the construction of new buildings or the expansion of an existing building equal to or greater than fifty percent of the gross floor area of the original structure.
3. c.
   Allowable Uses
   The following uses shall be allowed as permitted or special uses (S) within the SACO district.  Some uses may be subject to additional requirements as noted below; such requirements may be modified by a positive recommendation from the TRC and approval by the City Manager for good cause, usually in the context of a larger development.  Ground floor uses shall not include residential, health care facility, or industrial uses except in outparcels.

4. d.
   District Standards
   Figures 30-3.H.13.d.1 through 4 illustrate some of the dimensional and form standards of this section.

   1. 1.
      General Development Form and Orientation - SACO districts shall be designed with new access ways which create a traditional urban “block” pattern with no “block “ dimension less than 400 feet in length or exceeding 800 feet in length unless specifically authorized by the city manager or his designee. On at least two sides of each “block”, a minimum of 75% of the linear frontage shall be occupied with structures and/or public open space meeting the specific standards established below. The other sides of each  “block” may be occupied with outparcels and/or parking; parking areas shall be screened from the street as described below. The intent of this section is to ensure that an urban development pattern is established and maintained on at least two sides of each “block”.

Figure 30-3.H.13.d.1:  Arterial Street with Building Frontage

Figure 30-3.H.13.d.2:  Primary Internal Access Way

Figure 30-3.H.13.d.3:  Secondary Internal Access Way

Figure 30-3.H.13.d.4:  "Block" with Major Access Points Illustrated

1.   
   2. 2.
      Specific Development Form and Orientation Standards.  Except as specifically modified or waived in this section, the dimensional and design standards of Article 30-5 shall be met in the development of a SACO district.

      1. a.
         Principal SACO development (a minimum of two sides of each block):

         1. 1.
            Façade orientation and design.  Facades shall be oriented to the adjoining street or access way and shall comply with the design standards of Article 30-5I or Article 30-5.J.  Any façade in view from a public space, street, or access way shall include at least three of the same design features as the front facade. Other facades  shall contain at least two of the three façade features of the front façade.
         2. 2.
            Access way design.  Access ways shall be designed to appear as an extension of the public street network and are encouraged to include parallel or angle parking with landscaped bulb-outs at the terminus of each parking area and at corners.  Marked crosswalks shall be provided at each corner and may be provided at mid-block locations.  Street trees shall be provided approximately every 35 feet in approved tree pits with silva cells to accommodate tree roots.   Low impact development may be part of the access way design as approved by the city manager.  Utility placement is not to conflict with street trees.  Sidewalks of at least 12 feet in width shall be provided on both sides of each street or access way where there are primary or secondary building frontages and a minimum of five feet elsewhere. 
         3. 3.
            Setbacks.

            1. a.
               Front. Structures shall be set back a minimum of 12 feet and a maximum of 20 feet from the edge of curb, except courtyards not to exceed 50% of the depth and width of each structure may be provided.  Courtyards shall contain landscaping and street furniture designed to complement the pedestrian environment.
            2. b.
               Side. None, except 35 feet from adjoining residentially-zoned property, and except for additional required setbacks for taller structures as provided in subsection v below.
            3. c.
               Rear.  None, except 35 feet from adjoining residentially-zoned property, and except for additional required setbacks for taller structures as provided in subsection v below.
         4. 4.
            Streetyard, bufferyard and landscaping.  Street trees shall be provided as required under “Street Design”, above. Site and building landscaping (Article 30-5.B.4(b)) is waived for principal SACO development. Out parcels are not exempted from this requirement. Vehicular use landscaping (Article 30-5.B.4(c)) and property perimeter landscape buffers (Article 30-5.B.4(d) shall be provided.
         5. 5.
            Height.  Generally, a minimum of two stories and a maximum of four stories.  The city manager may allow one-story development for big-box anchor structures, theaters and grocery stores.  The city manager may allow mixed-use/residential and tourist accommodation structures up to eight stories provided such structures are located a minimum of 75 feet from adjoining residentially-zoned property.
         6. 6.
            Density.  A maximum of 45 dwelling units per acre unless a greater density is approved at the time the SACO district is mapped. 
         7. 7.
            Parking and other vehicular use areas.  Shall be provided in accordance with Article 30-5, except, in order to accommodate a flexible mix of uses, the developer may provide a minimum of one space per 300 square feet of gross floor area and shall not exceed a maximum of one space per 250 square feet of gross floor area.  Parking lots shall be consolidated and circulation systematized to avoid smaller sized parking lots divided by arbitrary lot lines with landscape buffers.
         8. 8.
            Curbcuts.  No more than one per each side of a “block”, located a minimum of 200 feet from any corner or crosswalk except as specifically authorized by the city manager or his designee.
         9. 9.
            Open Space/Parkland.  Open space / parkland shall be as approved in the master plan.  See Article 30-5.C for guidance. 
      2. b.
         Outparcel development:
         Development of outparcels shall comply with the applicable dimensional requirements of the underlying zoning district and the applicable development standards of Article 30-5.
      3. c.
         Transitional Standards:
         Transitional standards in Article 30-5.K shall not apply to the SACO district.
      4. d.
         Parking lots:
         All parking areas shall comply with the applicable development standards of Article 30-5.
      5. e.
         Parking Structures:
         Structured parking facilities shall be designed to encourage and complement pedestrian-scale interest and activity, and shall be designed so that motorized vehicles parked on all levels of the facility inside are screened from public view from the street and/or from adjacent residentially-zoned property. Decorative elements such as grillwork or louvers may be utilized to accomplish this objective.

         1. 1.
            Openings at the street level are limited to vehicular entrances, pedestrian access to the structure, and ventilation openings. All such openings shall be decorative and be an integral part of the overall building design.
         2. 2.
            Liner uses are encouraged. 
         3. 3.
            Parking structures shall meet the requirements of the city manager for controlled gate locations.
         4. 4.
            Parking structures shall be subject to the setback and streetscape requirements of the SACO District where such structures are part of the principal SACO development.

(Ord. No. S2014-017, § 1, 10-27-2014; Ord. No. S2023-018A, § 1, 03/23/2023)

Effective on: 10/27/2014