Fayetteville City Zoning Code

Use-specific standards are the requirements applied to individual use types regardless of the zoning district in which they are located or the review procedure by which they are approved. This section is intended to identify the use-specific standards for all principal uses identified in Table 30-4.A, Use Table, as subject to "additional requirements." These standards may be modified by other applicable requirements in this Ordinance.

These standards are not subject to a variance request. However, with the following exceptions or as explicitly stated in other sections of this ordinance, the separation standards may be reduced upon approval of a special use permit finding that the reduction in the separation standard does not increase negative impacts on surrounding uses. and that there are specific characteristics that help minimize any negative impacts, such as natural or man-made features that create visual or physical separation between the uses.  Consistent with standards for the procedure in Article 30-2.C.7 Administration – Special Use Permit, conditions may be attached to further minimize or prevent negative impacts, including limitations on hours of operation, maximum size,  or range of activities. Uses which cannot use the special use process to seek reduction in separation standards are:

1. Adult entertainment
2. Bar, nightclub, cocktail lounge except that a bar, nightclub, cocktail lounge in the DT Downtown district or MU Mixed Use District can request a reduced separation standard from any child care center, religious institution, or educational facility through the special use process.  A brewpub is exempted from the separation requirements although issues of concentration of such uses may be considered during any associated special use or conditional zoning review.

In the event that a special use permit or administrative adjustment is issued to reduce separation requirements between certain uses, any use legally existing at the time the special use permit or adjustment is issued shall not be precluded from expanding on property that is currently being used for the use that requires the separation. For example, if a special use permit is issued to allow a religious institution to be established within 500 linear feet of a bar, the bar use is not prohibited from expanding on property being used for the bar use at the time the separation reduction special use permit is issued, nor in the event the bar use is damaged or destroyed beyond 50% of its appraised value shall the adjusted separation be a factor in whether the use may be rebuilt. 

(Ord. S2014-002, § 4, 1-13-2014; Ord. No. S2015-004, §2, 3-23-2015; Ord. No. S2016-003A, § 1, 4-25-2016; Ord. No. S2017-009, § 3A, 6-26-2017.)

1. General
   1. Table 30-4.A, Use Table, lists land uses and indicates whether they are allowed by right, allowed as a special use, allowed in a planned development zoning district, or prohibited in each base zoning district and planned development district. The use table also includes references to any additional requirements or regulations applicable to the specific use type.
   2. The status of a use in a conditional zoning district shall be the same as in the parallel base zoning district unless such status is modified by conditions imposed as part of the Conditional Rezoning designating the conditional zoning district.
2. Organization of Uses
   The use table organizes allowable uses by use classifications, use categories, and use types. The use table and Section 30-4.B, Use Classifications, Categories, and Use Types, together provide a systematic basis for identifying and consolidating or distinguishing unidentified land uses to determine whether a particular land use is allowable in a particular zoning district and in addressing future land uses.
   1. Use Classifications
      The use classifications identify broad general classifications of land use and include residential uses, institutional uses, agricultural uses, commercial uses, and industrial uses. Use classifications are further broken down into a series of general "use categories" and specific "use types."
   2. Use Categories
      The use categories describe the major sub-groups of the respective use classifications and are based on common functional, product, or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions. For example, the Residential Use Classification is divided into the Household Living and Group Living use categories. Use categories are further broken down into a series of individual use types.
   3. Use Types
      The specific use types are included in the respective use category. They identify the specific principal uses that are considered to fall within characteristics identified in the use category. For example, live/work dwellings, single-family detached dwellings, duplex dwellings, attached residential, multi-family dwellings, and manufactured homes are use types in the Household Living Use Category.
3. Permitted Uses
   A "P" in a cell of the use table indicates that the corresponding use category or use type is allowed by right in the corresponding base zoning district or parallel conditional zoning district, subject to compliance with the use-specific standards referenced in the final column of the use table (and conditions imposed as part of a Conditional Rezoning, if applicable). An "MP" is used in the columns for the planned development districts, and specifies the allowable use types in a particular planned development district provided the use type is set out in an approved master plan. Permitted uses are subject to all other applicable regulations of this Ordinance, including those set forth in Article 5: Development Standards, and Article 6: Subdivisions.
4. Special Uses
   An "S" in a cell of the use table indicates that the corresponding use category or use type is allowed in the corresponding base zoning district or parallel conditional zoning district, only upon approval of a Special Use Permit in accordance with Section 30-2.C.7, Special Use Permit, any use-specific standards referenced in the final column of the use table, and any conditions imposed as part of a Conditional Rezoning (if applicable). Uses subject to a Special Use Permit are subject to all other applicable regulations of this Ordinance, including those set forth in Article 30-5: Development Standards, and Article 30-6: Subdivisions.
5. Allowed Uses Subject to a Planned Development District Classification
   An "MP" in a cell indicates that a use category or use type is allowed by right in a planned development district, subject to compliance with the use-specific regulations set forth in the final column of the table and provided the use is set out as a possible use type in an approved planned development master plan. Allowed uses are subject to other applicable regulations in this Ordinance, including those set forth in Section 30-3.G, Planned Development Zoning Districts. Use types that are blank are not allowable in a particular planned development district, and shall not be included in a master plan.
6. Prohibited Uses
   A cell with a slash "/" sign or that is blank in the use table indicates that the use type is prohibited in the corresponding zoning district.
7. Use-Specific Standards
   When a particular use category or use type is permitted in a zoning district, there may be additional regulations that are applicable to a specific use. The existence of these use-specific standards is noted through a section reference in the last column of the use table titled "Additional Requirements." References refer to Section 30-4.C, Use-Specific Standards. These standards shall apply to a particular use regardless of the base zoning district where it is proposed unless otherwise specified.
8. Use Restricted or Prohibited by Overlay Zoning District
   Regardless of whether the use table identifies a particular use type as a permitted use, allowed use, or special use in a zoning district, or references additional requirements for the use type, the use type may be restricted or prohibited, or subject to more restrictive additional requirements, in accordance with applicable overlay district provisions in Section 30-3.H, Overlay Zoning Districts.
9. Unlisted Uses
   The City Manager shall determine whether or not an unlisted use is part of an existing use category or use type defined in Section 30-4.B, Use Classifications, Categories, and Types, or is substantially similar to an already defined use type, using the standards in Section 30-4.B.1.d, Interpretation of Unlisted Uses. Uses that are not part of or substantially similar to an existing use type are prohibited.
10. Review of Uses near Fort Bragg/Pope Airfield
    Within five miles of Fort Bragg and Pope Airfield any use over 200 feet in height proposed to be constructed or reconstructed, altered or expanded in ways that would aggravate or intensify a violation of requirements of G.S. 143.151.70 to 77 must first be endorsed by the State Building Code Council, following review and endorsement procedures specified in the referenced General Statutes sections.

(Ord. No. S2011-008, § 11.1, 7-25-2011; Ord. No. S2014-002, § 1, 1-13-2014; Ord. No. S2014-004, § 7, 1-13-2014)

Effective on: 11/18/2013