Fayetteville City Zoning Code

*Editor’s note—Ord. No. S2025-013, § 1, adopted June 23, 2025, repealed Section L, in its entirety, which pertained to Signage. See also the Code Comparative Table.

1. Zoning Districts - Permitted in the following districts:
   1. MR-5 - Mixed Residential 5
   2. OI - Office & Institutional
   3. NC - Neighborhood Commercial
2. Dimensional Standards
   1. Total Acreage. Minimum total development size shall be no less than 10 acres.
   2. Density.
      1. Must meet that of the underlying Zoning District.
3. Building Orientation
   1. Separation. All buildings/units within a Multi-Unit Single-Family Detached Dwelling development must meet the following building location standards.
      1. Each building/unit front shall be located at least 55 feet from the centerline of the street fronting the dwelling or 25 feet from edge of pavement.
      2. Each building/unit shall have a distance separation of 10 feet between each structure.
   2. To Streets. All dwellings shall be oriented so that the primary entrance faces the private street or drive serving the community. In the case of corner lots, the primary entrance shall face the street from which the dwelling derives its street address.
      1. All dwelling units shall be accessed by a series of internal private drives.
   3. Fronting Open Space.
      1. At least 10 percent of all dwellings shall front upon or abut an open space dedicated area.
      2. As an alternative to subsection (a) above, a developer may propose access to open space facilities within or adjacent to a development via a right-of-way 20 feet wide that is reasonably accessible to all residents in a development.
4. Garage Standards
   1. Applicability. The standards in this section shall apply to new attached and detached street-facing and side-loaded garages and carports located within 50 feet of the street fronting a dwelling.
   2. Maximum Size.
      1. Detached garages and carports shall not exceed 30 percent of the dwelling's total floor area.
      2. A street-facing garage door(s) or carport opening shall not exceed 40 percent of the total front facade area of the dwelling.
5. Roof Projections. All roof vents, antennas, satellite dishes, and other roof penetrations and equipment (except chimneys) shall be located on the rear elevations to the maximum extent practicable, or be otherwise configured to have a minimal visual impact as seen from the street.
6. Accessory Structures. Accessory structures such as clubhouse, pools, mail kiosks, etc., are allowed as part of the overall development.
7. Internal streets. All streets internal to the development must meet the City's public or private street standards.

(Ord. No. S2022-004, § 1, 03/28/2022

Effective on: 1/1/1901

The purpose of this section is to ensure that development provides the off-street parking, loading, and circulation facilities needed to meet demands created by occupants, employees, visitors, customers, and patrons—and that these demands are met without adversely affecting local traffic patterns or adjacent land uses and neighborhoods. The standards in this section are intended to allow the flexibility needed to accommodate alternative solutions and achieve City policies of supporting the development and revitalization of a mixed-use downtown area, accommodating appropriate development, encouraging pedestrian-oriented development, avoiding excessive paved surface areas, promoting low impact development, and safeguarding natural and historic resources.

Effective on: 11/18/2013

1. a.
   General
   The off-street parking, loading, and circulation standards of this section shall apply to all development in the City.
2. b.
   Existing Development

   1. 1.
      Change in Use
      Any change in use within an existing development shall provide any additional loading and circulation facilities required to comply with the minimum loading and circulation standards applicable to the new use.
   2. 2.
      Expansion
      Any expansion or enlargement of an existing structure that will increase the number of units upon which the applicable parking standard is based (e.g., square feet, employees, dwelling units, seats) shall not be required to provide additional off-street parking. However, additional loading and circulation facilities shall still be provided as required, unless exempted. Any additional parking provided in the absence of any requirement must conform to all related parking standards of this ordinance.
   3. 3.
      Nonconforming Parking or Loading Facilities
      Any remodeling, expansion, or enlargement of an existing use or structure on a nonconforming site shall comply with the requirements of Section 30-7.F, Nonconforming Sites.
3. c.
   Parking and Loading in the DT-1 and DT-2 Districts

   1. 1.
      Exemption from Minimum Parking Requirements
      Development within the DT-1 and DT-2 districts is exempted from the minimum number of off-street parking spaces required in Table 30-5.A.4.b, Minimum Off-Street Parking Standards.
   2. 2.
      Maximum Off-Street Parking Requirements
      Development within the DT-1 and DT-2 districts is exempted from the maximum number of off-street parking spaces in Section 30-5.A.4.f, Maximum Number of Spaces Permitted provided that any spaces in excess of the maximum area are located within parking structures.
   3. 3.
      Exemption from Off-Street Loading Requirements
      Development within the DT-1 district is exempted from the minimum number of off-street loading spaces required in Table 30-5.A.10, Required Off-Street Loading Spaces.

(Ord. No. S2012-007, § 2, 4-23-2012; Ord. No. S2013-002, § 11, 2-11-2013; Ord. No. S2022-009, § 1, 05/23/2022; Ord. No. S2024-006, § 1, 05/28/2024)

Effective on: 11/18/2013

1. a.
   Use of Parking Area, Stacking Area, or Loading Space
   All vehicular parking areas, stacking areas, methods of vehicular ingress and egress, internal aisles, and loading spaces required by this section may be referred to as "vehicular use area" and shall be used only for their intended purposes. Any other use, including, but not limited to, vehicular storage, vehicle sales, vehicular repair work, vehicle service, or display of any kind, shall constitute a separate business use of the space.
2. b.
   Identified as to Purpose and Location
   Off-street parking areas of three or more spaces and off-street loading spaces shall include painted lines, wheel stops, or other methods of identifying individual parking and loading spaces and loading areas and distinguishing such spaces from aisles or other vehicular use areas.
3. c.
   Surfacing
   Except as provided for in Section 30-5.A.5, Parking Standards for Residential Development, and Section 30-5.A.8.i, Alternative Materials, all off-street parking, loading, and circulation areas shall be surfaced with asphalt, concrete, brick, stone, pavers, aligned concrete strips, or an equivalent material. These materials shall be maintained in a smooth, well-graded condition.
4. d.
   Arrangement

   1. 1.
      Convenient Access

      1. a.
         All off-street parking, loading, and circulation areas shall be arranged for the access and safety of pedestrians and vehicles.
      2. b.
         Off-street parking areas with three or more spaces shall be arranged so that no parking or maneuvering incidental to parking shall occur on a public street or sidewalk, and so that an automobile may be parked and un-parked without moving another automobile (except as provided in Section 30-5.A.8.g, Valet and Tandem Parking).
      3. c.
         Large developments providing over 200 spaces are subject to one or both off-street circulation standards found in Section 30-5.A.11.e, Primary Drive Aisles and 30-5.A.11.f, Pedestrian Pathways.
      4. d.
         Large non-residential development with a single ground plate area of over 75,000 gross square feet for one tenant or 150,000 gross square feet for multiple tenants must meet the parking and circulation standards in Section 30-5.J.8, Parking and Circulation, associated with "large retail" development.
   2. 2.
      Backing onto Streets Prohibited
      Except for parking areas serving single-family detached dwellings, townhomes, and two- to four-family dwellings, all off-street parking, loading, and circulation areas shall be arranged so that no vehicle is required to back from such areas directly onto a public street. Vehicular access ways and vehicular use areas on private lands are not considered public streets.
   3. 3.
      Easements
      No off-street parking, loading, or circulation area shall be located within an easement without the written consent of the person or agency that holds the easement, unless already provided for by an existing easement agreement.
5. e.
   Access and Curb Cuts
   Any construction of or modification to an access drive or curb cut shall require prior approval of the City Manager. This provision shall not apply to private drives that are consistent with 30-5.F.4.a.7, which requires that private streets be built to the same standard as public streets.
6. f.
   Parking Lot Cross-Access

   1. 1.
      General
      All development except single-family attached or detached dwellings and two- to four-family dwellings shall be designed to allow for cross-access to adjacent compatible development in accordance with the following standards:

      1. a.
         Limited to Two Parcels
         Cross-access ways shall be designed and located based on the standards of this section, but in no case shall a development be required to provide cross-access to more than two adjacent parcels.
      2. b.
         Future Stubs Required
         A connection for future parking lot cross-access shall be provided to all adjacent vacant land zoned MR-5 or within a Business or Planned Development zoning district. Development subject to these standards shall be designed to provide future cross-access in at least one location while remaining in compliance with all landscaping and stormwater standards.
      3. c.
         Minimum Width
         Cross-access ways shall allow for two-way traffic between parcels through the use of a single drive aisle with a minimum width of 20 feet, or through two one-way aisles, each with a minimum width of ten feet.

Figure 30-5.A.3.f: Parking Lot Cross Access

Parking lot cross access allows vehicles to move from one development to another without use of a street

1.   
   2. 2.
      Waiver

      1. a.
         The cross-access standard may be waived by the City Manager if the TRC recommends such waiver based on consideration of topography or natural features, vehicular safety factors, adequate access from comparable side streets, or similar factors.
      2. b.
         When cross-access is waived in accordance with this section, bicycle and pedestrian connections shall be provided between adjacent developments or uses, unless the provision is deemed unreasonable or impracticable.
   3. 3.
      Recording Required
      Where provided, a cross-access easement shall be recorded by the owner/developer prior to issuance of a Certificate of Occupancy (see Section 30-2.C.13).

7. g.
   Drainage
   All off-street parking, loading, and circulation areas shall be properly drained in accordance with the stormwater management standards in Chapter 23 of the Code of Ordinances, so as not to cause any nuisance on adjacent land.
8. h.
   Exterior Lighting
   When lighted, off-street parking, loading, and circulation areas shall be lighted so as to prevent glare or illumination exceeding maximum allowable levels on adjacent land (see Table 30-5.E.5, Maximum Illumination Levels), and unless exempted, shall comply with the standards of Section 30-5.E, Exterior Lighting.
9. i.
   Landscaping
   All off-street parking lots, stacking lanes, loading, and other circulation areas shall be landscaped to soften their visual impact on adjacent areas, and unless exempted, shall comply with the standards of Section 30-5.B.4.c, Vehicular Use Area Landscaping.
10. j.
    Curbs and Motor Vehicle Stops
    All off-street parking, loading, and circulation areas shall be designed to prevent vehicles from overhanging a right-of-way, sidewalk, walkway, or adjacent property.
11. k.
    Maintained in Good Repair

    1. 1.
       Maintained at All Times
       All off-street parking, loading, motor vehicle stops, and circulation areas shall be maintained in good repair and in safe condition at all times so as not to constitute a hazard to public safety or a visual or aesthetic nuisance to surrounding land.
    2. 2.
       Periodically Restored
       All off-street parking, loading, motor vehicle stops, and circulation areas shall be periodically painted or otherwise restored to maintain a clear identification of separate parking stalls or loading spaces.
12. l.
    Responsibility for Provision
    The responsibility for providing the off-street parking, loading, and circulation areas required by this section shall be that of whoever develops the land requiring parking and loading areas. Review for compliance with the standards of this section shall occur during review of an application for a Site Plan (see Section 30-2.C.5), Building Permit (see Section [@@9372]), or Temporary Use Permit (see Section 30-2.C.10), as appropriate.
13. m.
    Construction of Off-street Parking, Loading, and Circulation Areas
    All off-street parking, loading, and circulation areas shall be completed prior to the issuance of a Certificate of Occupancy (see Section 30-2.C.13) for the use or uses they serve. In the case of phased development, surface off-street parking, loading, and circulation areas should only be provided for the portions of the development for which a Site Plan (see Section 30-2.C.5) is approved.

(Ord. No. S2012-006, § 1, 4-23-2012; Ord. No. S2012-016, § 3.1, 9-10-2012; Ord. No. S2012-018, § 4.1,9-10-2012; Ord. No. S2013-002, § 11, 2-11-2013; Ord. No. S2019-020, 1, 04/23/2019; Ord. No. S2024-013, § 1, 05/28/2024; )

Effective on: 11/18/2013

1. a.
   Parking Plan Required
   A Parking Plan shall be submitted with every application for a Site Plan (see Section 30-2.C.5), Building Permit (see Section 30-2.C.12), or Temporary Use Permit (see Section 30-2.C.10) for any development that is required to provide more than three off-street parking spaces. The plan shall accurately designate the required parking spaces, access aisles, and driveways, and the relation of the off-street parking facilities to the uses or structures such facilities are designed to serve. The plan shall also indicate the minimum number of required spaces, maximum number of allowed spaces (if applicable), and include an Alternative Parking Plan, if requested (see Section 30-5.A.8, Alternative Parking Plan). No Parking Plan is required for the development of single-family residential dwellings.
2. b.
   Minimum Number of Spaces Required
   Unless otherwise expressly stated in this section, the minimum number of off-street parking spaces shall be provided in accordance with Table 30-5.A.4.B, Minimum Off-Street Parking Standards:

3. c.
   Off-Street Parking Standards for Selected Service and Industrial Uses
   Uses in Table 30-5.A.4.B that reference Table 30-5.A.4.C shall provide the minimum number of spaces established in Table 30-5.A.4.C, Off-Street Parking Standards for Selected Industrial Uses:

4. d.
   Uses with Variable Parking Demand Characteristics
   Uses that reference this subsection in Table 30-5.A.4.B, Minimum Off-Street Parking Standards, have widely varying parking and loading demand characteristics, making it difficult to establish a single off-street parking or loading standard. Upon receiving a development application for a use subject to this subsection, the City Manager shall apply the off-street parking, loading, and circulation standard specified for the listed use that is deemed most similar to the proposed use or establish minimum off-street parking standards on the basis of a parking and loading study prepared by the applicant. Such a study shall include estimates of parking demand based on recommendations of the Institute of Traffic Engineers (ITE) or other acceptable estimates as approved by the City Manager, and should include other reliable data collected from uses or combinations of uses that are the same as or comparable with the proposed use. Comparability will be determined by density, scale, bulk, area, type of activity, and location. The study shall document the source of data used to develop the recommendations.
5. e.
   Mixed-Uses
   Unless otherwise approved, lots containing more than one use shall provide parking spaces in an amount equal to the total of the standards for all individual uses. This provision shall not limit the ability to submit an Alternative Parking Plan (see Section 30-5.A.8) to reduce the minimum number of required off-street parking spaces in recognition of different operating hours or peak business periods.
6. f.
   Compact Spaces
   Off-street parking spaces provided in excess of the minimum number of required off-street parking spaces in Table 30-5.A.4.B, Minimum Off-Street Parking Standards, may be provided as compact car spaces, provided the following standards are met:

   1. 1.
      Minimum Dimensions
      Each compact car parking space shall have minimum dimensions of eight feet in width and 16 feet in length, with a total area of at least 128 square feet;
   2. 2.
      Location
      Compact car parking spaces shall be located no closer to the primary building entrance than any standard parking spaces; and
   3. 3.
      Designated
      All compact car spaces shall be designated by signage and pavement marking.
7. g.
   Placement

   Figure 30-5.A.4.i: Minimum Separation

   Separation between building walls and parking spaces allows room for pedestrian movement.

   1. 1.
      The location or placement of off-street parking areas on a development site shall be limited in accordance with the placement standards of Section 30-5.I, Commercial, Office, and Mixed-Use Design Standards, Section 30-5.J, Large Retail Design Standards, and Section 30-5.H, Multi-Family Design Standards, as appropriate.
   2. 2.
      Placement of off-street parking, loading, or circulation areas within an easement shall require the written consent of the easement holder.
8. h.
   Minimum Separation
   All parking areas shall be separated at least ten feet from building façades to allow room for sidewalks, landscaping, and other plantings between the building and the parking area. This separation may be eliminated to the rear of buildings in areas designed for service or unloading and loading of materials (see Figure 30-5.A.4.i).

(Ord. No. S2011-008, §§ 12.2c, 12.3, 7-25-2011; Ord. No. S2011-013, §§ 10, 11, 11-28-2011; Ord. No. S2012-007, § 2,4-23-2012; Ord. No. S2012-016, § 3.2, 9-10-2012; Ord. No. S2012-025, §§ 7, 16, 11-13-2012; Ord. No. S2013-006,§ 1, 2, 5-13-2013; Ord. No. S2014-014, §5, 8-11-2014; Ord. No. S2021-034, § 1, 10/25/2021; Ord. No. S2022-025, § 1, 09/26/2022; Ord. No. S2023-001D, §, 01/26/2023; Ord. No. S2023-006, § 1, 03/23/2023; Ord. No. S2024-011, § 1, 05/28/2024; )

Effective on: 8/11/2014

Off-street parking serving single-family detached, attached, or two- to four-family dwellings and located within front yard and/or corner side yard areas shall comply with the following standards:

1. a.
   Parking in Vehicular Use Area Required:
   Vehicles, whether parked or stored, shall be located in a vehicular use area. For the purposes of this subsection, "vehicles" shall include, but not be limited to, passenger vehicles, all trucks with a gross vehicle weight rating (GVWR) of 13,000 pounds or less, vans, golf carts, or other similar vehicles.
2. b.
   Maximum Area Available for Vehicular Use
   Vehicular use areas located within the first 40 feet of the front or corner side yard (as measured from the edge of the street right-of-way) shall be limited to the greater of 33 percent of the entire front and/or corner side yard area, or 750 square feet (see Figure 30-5.A.5, Maximum Vehicular Use Area), but not to exceed one-half the minimum required yard area. Nothing in this subsection shall be construed to limit the size of the vehicular use area located beyond the first 40 feet of a front or corner side yard area.
3. c.
   Limitation on Heavy Trucks, Trailers, or Major Recreational Equipment

   1. 1.
      In accordance with Section 30-4.D.3.t, Storage of Heavy Trucks, Trailers, or Major Recreational Equipment, parking of heavy trucks, commercial vehicles, or similar vehicles exceeding a gross vehicle weight rating of 13,000 pounds is prohibited in front and corner side yards.
   2. 2.
      Vehicles intended for personal transport with a gross vehicle weight rating of 13,000 pounds or less may be parked within the vehicular use area in front or corner side yards.

1.   
   (Ord. No. S2013-020, § 1, 10-28-2013; Ord. No. S2015-008, § 3, 8-10-2015)

Figure 30-5.A.5.b: Maximum Vehicular Use Area

4. d.
   Surfacing

   1. 1.
      Vehicular use areas shall be surfaced in accordance with the standards in Section 30-5.A.3.c, Surfacing, within 40 feet of the edges of all adjacent right-of-way, except that gravel, crushed stone, or similar material may be used. The City Manager may approve alternative surfacing in cases where topography, existing trees, or existing structures make compliance with the standards impossible or impractical.
   2. 2.
      When used, gravel or crushed stone shall be at least two inches deep throughout the vehicular use area, and the vehicular use area shall maintain a visibly discernible and definable edge composed of landscape timbers, metal edging, vegetation (such as low shrubs or decorative grasses), or a similar technique.
   3. 3.
      Vehicular use areas within utility easements disturbed by the PWC during installation or servicing of underground utilities shall be resurfaced with materials to match the existing surface after completion of utility work.
5. e.
   Inoperable Vehicle/Equipment Storage
   Storage of inoperable vehicles or equipment shall only take place within an enclosed structure.

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

Effective on: 8/10/2015

Development required to provide off-street parking spaces shall ensure that a portion of the total number of required off-street parking spaces shall be specifically designated, located, and reserved for use by persons with physical disabilities, in accordance with the standards in the Federal American with Disabilities Act.

Effective on: 11/18/2013

1. a.
   General
   Standard car parking spaces and parking lot aisles shall comply with the minimum dimensional standards established in Table 30-5.A.7, Dimensional Standards for Parking Spaces and Aisles, and Figure 30-5.A.7, Parking Stall Measurement.

2. b.
   Dimensional Adjustments
   Parking structures may be subject to dimensional adjustments based on utilization, but in no case shall the standard parking space width be less than eight feet. Reduction in design standards shall be subject to approval by the City Manager.

Figure 30-5.A.7: Parking Stall Measurement

Parking stall width and length is measured from the face of the curb, or the inside edge of the striping, as appropriate.

(Ord. No. S2011-008, § 1, 7-25-2011; Ord. No. S2011-013, § 1.2, 11-28-2011; Ord. No. S2012-001, § 5.3, 1-23-2012; Ord. No. S2012-025, § 16, 11-13-2012; Ord. No. S2018-017, 6-25-2018; Ord. No. S2019-022, 1, 04/23/2019)

Effective on: 11/18/2013

The City Manager is be authorized to approve an Alternative Parking Plan that proposes alternatives to providing the number of required off-street parking spaces required by Table 30-5.A.4.b, Minimum Off-Street Parking Standards, in accordance with the standards listed below. Nothing in this subsection shall limit the utilization of one or more of the following off-street parking alternatives by a single use.

1. a.
   Provision over the Maximum Allowed
   Requests to provide more than the maximum number of off-street parking spaces required by Section 30-5.A.4.f, Maximum Number of Spaces Permitted, shall comply with the following:

   1. 1.
      Parking Demand Study
      Requests for exceeding the maximum number of required off-street parking spaces shall be accompanied by a parking demand study demonstrating how the maximum number of parking spaces specified by Section 30-5.A.4.f, Maximum Number of Spaces Permitted, is insufficient for the proposed development. A build-to-suit agreement or firm tenant lease specifications or similar documentation may be considered in-lieu of a parking demand study.
2. b.
   Provision Under the Minimum Required
   Requests to provide fewer than the minimum number of off-street parking spaces required by Table 30-5.A.4.b, Minimum Off-Street Parking Standards, shall comply with the following:

   1. 1.
      Parking Demand Study
      Requests for reducing the minimum number of required off-street parking spaces shall be accompanied by a parking demand study demonstrating how the minimum number of parking spaces specified by Table 30-5.A.4.b, Minimum Off-Street Parking Standards, is excessive for the proposed development.
   2. 2.
      Minimum Amount Required
      The minimum number of off-street spaces allowed shall equal the minimum number of off-street parking spaces demonstrated as needed by the required parking demand study.
   3. 3.
      Site Plan Requirements for less than Minimum Amount Required
      In cases where less than the minimum number of spaces is provided, the Site Plan shall set aside land area strategically located for conversion to parking in the event there is a subsequent change in use. The additional set-aside shall enable the development of enough parking spaces to satisfy the minimum number of spaces required by this Ordinance for the use contemplated under the original development.
3. c.
   Shared Parking
   Requests for shared parking shall comply with all of the following standards:

   1. 1.
      Location

      1. a.
         Except for shared parking located within a parking structure or served by a parking shuttle, shared parking spaces shall be located within 400 linear feet of the primary entrance of all uses served.
      2. b.
         Shared parking located within a parking structure or served by a shuttle shall be located within 1,000 feet of the primary entrance of all uses served.
      3. c.
         Shared parking spaces shall not be separated from the use they serve by an arterial or collector street, unless the shared parking area or parking structure is served by an improved pedestrian crossing.
   2. 2.
      Pedestrian Access
      Adequate and safe pedestrian access shall be provided from and to the shared parking areas.
   3. 3.
      Directional Signage
      Directional signage that complies with the standards of this Ordinance shall be provided to direct the public to the shared parking spaces. It is preferable for the employees of an establishment to utilize these spaces.
   4. 4.
      Shared Parking Plan

      1. a.
         Justification
         Those requesting to use shared parking as a means of satisfying the off-street parking standards must submit a Shared Parking Plan as part of an Alternative Parking Plan that justifies the feasibility of shared parking. Justification shall include information on the size and type of the proposed development, the composition of tenants, the anticipated rate of parking turnover, and the anticipated peak parking and traffic loads for all uses that will be sharing off-street parking spaces.
      2. b.
         Recorded Agreement
         A Shared Parking Plan portion of an Alternative Parking Plan shall be enforced through written agreement among all owners of record. An attested copy of the agreement between the owners of record must be recorded with the Cumberland County Register of Deeds. Recordation of the agreement shall take place prior to issuance of a Certificate of Occupancy (see Section 30-2.C.13) for any use to be served by the shared parking areas.  A shared parking agreement may be revoked only if all required off-street parking spaces will be provided in accordance with the requirements of Table 30-5.A.4.b, Minimum Off-Street Parking Standards.
4. d.
   Off-Site Parking for Nonresidential Uses
   Generally, all off-street parking areas for any nonresidential use shall be provided on the same parcel of land as the use it serves. Off-street parking for nonresidential uses may be located on another parcel of land, if there are practical difficulties in locating the parking area on-site or the public safety or public convenience is better served by off-site parking. Off-site parking for nonresidential uses shall comply with the following standards:

   1. 1.
      Pedestrian Way Required
      Except within the Downtown (DT) district, a pedestrian way that complies with all applicable ADA requirements, and is not more than 600 feet in length, shall be provided from the off-site parking area to the use it serves. Pedestrian ways are not required within the Downtown (DT) district.
   2. 2.
      No Undue Hazard
      The off-site parking area shall be convenient to the use it serves without causing unreasonable:

      1. a.
         Hazard to pedestrians;
      2. b.
         Hazard to vehicular traffic;
      3. c.
         Traffic congestion;
      4. d.
         Interference with commercial activity or convenient access to other parking areas in the vicinity;
      5. e.
         Detriment to the appropriate use of business lands in the vicinity; or
      6. f.
         Detriment to any abutting residential neighborhood.
   3. 3.
      Recorded Agreement
      An attested copy of the agreement shall be recorded with the Cumberland County Register of Deeds. Recordation of the agreement shall take place prior to issuance of a Certificate of Occupancy (see Section 30-5.A.4.b, Minimum Off-Street Parking Standards.
5. e.
   Deferred Parking
   An applicant may submit a request to defer the construction of up to 30 percent of the number of parking spaces required in Table 30-5.A.4.b, Minimum Off-Street Parking Standards, if the request complies with the following standards:

   1. 1.
      Fewer Spaces Needed
      The applicant shall demonstrate that because of the location, nature, or mix of uses, there is a reasonable probability the number of parking spaces actually needed to serve the development is less than the minimum required by Table 30-5.A.4.b, Minimum Off-Street Parking Standards.
   2. 2.
      Reserve Parking Plan
      The request shall be accompanied by a Reserve Parking Plan identifying: (a) the amount of off-street parking being deferred, and (b) the location of the area to be reserved for future parking, if future parking is needed.
   3. 3.
      Parking Demand Study
      The applicant shall provide assurance that a Parking Demand Study evaluating the adequacy of the existing parking spaces in meeting the parking demand generated by the development will be submitted to the City Manager within 16 months after the initial Certificate of Occupancy (see Section 30-2.C.13) is issued for the development. If the study indicates that the existing parking is adequate, then construction of the remaining number of parking spaces shall not be required. If the study indicates a need for additional parking, it shall be provided consistent with the Reserve Parking Plan and the standards of this section.
   4. 4.
      Limitations on Reserve Areas
      Areas reserved for future parking shall be brought to the finished grade and shall not be used for buildings, storage, loading, or other purposes requiring buildings or permanent structures.
   5. 5.
      Landscaping Required
      Areas reserved for future parking shall be landscaped with an appropriate ground cover, and shall comply with all relevant landscaping standards of this Ordinance.
6. f.
   Parking Structures
   The off-street parking required by this section may be located in a parking structure, whether on the same or a different lot than the uses it serves, but in no instance shall credit be given for shared parking spaces in a parking structure farther than 1,000 feet from the primary entrance of uses served. Ground floor parking provided in a parking structure shall be screened, insofar as practicable, from surrounding uses and from public view as required by Section 30-5.B.4.c, Vehicular Use Area Landscaping. In addition, for uses located on the same lot as the structure, the standards required for shared parking shall apply. For uses located on a different lot as the structure, the standards required for off-site parking shall apply.
7. g.
   Valet and Tandem Parking
   An off-street parking program utilizing limited tandem parking may be allowed for uses listed under the commercial or industrial use classification in Table 30-5.A.4.b, Minimum Off-Street Parking Standards, in accordance with the following standards:

   1. 1.
      The development served shall provide 75 or more parking spaces;
   2. 2.
      No more than 30 percent of the total number of spaces shall be designated as tandem; and
   3. 3.
      A valet parking attendant must be on duty during hours of operation.
8. h.
   In-Lieu Fee

   1. 1.
      Limited to MU District
      Within the Mixed-Use (MU) district, off-street parking requirements for nonresidential uses may be satisfied, at the option of the City, by developer payment of a proportionate share in-lieu parking fee established by the City Manager that is consistent with, but does not exceed, costs the City will incur to provide for comparable off-street parking spaces for the development.
   2. 2.
      Procedure for Approval
      The payment of such proportionate share fees-in-lieu shall be reviewed and approved as part of the Site Plan (Section 30-2.C.5), or Final Plat (Section 30-2.C.6.e), as appropriate. Any applicant proposing to make such payment shall attach a letter to the City Manager requesting the payment of fees in-lieu of installing required parking spaces. Upon receipt of the application, the City Manager shall review the request and submit recommendations concerning the payment of fees in-lieu. In the event of a dispute between an applicant who wants to make payment in-lieu, and a recommendation by the City Manager, or finding by the TRC, that the parking standards in this Ordinance shall apply, the City Council shall make the final determination.
   3. 3.
      Time of Payment
      The fees in-lieu for parking shall be paid prior to recording the Final Plat, and if no Final Plat is required, prior to the issuance of a Building Permit (Section 30-2.C.12).
   4. 4.
      Proportionate Amount of Payment
      Where the proportionate payment of fees to the City is to be made in-lieu of installing parking as permitted by this subsection, the City Manager shall verify the cost estimate for installing the parking in accordance with the adopted fee schedule, as amended.
   5. 5.
      Use of Funds
      Fees-in-lieu received in accordance with this subsection shall be used only for the development of new off-street and on-street parking in the vicinity of the use proposing the fee-in-lieu that can be used for parking by that development.
9. i.
   Alternative Materials

   Figure 30-5.A.8: Alternative Materials

   “Grasscrete” is one type of alternative parking material that can help address stormwater quality issues.

   The use of pervious or semi-pervious parking area surfacing materials—including, but not limited to, grass, mulch, "grass-crete," or recycled materials such as glass, rubber, used asphalt, brick, block and concrete—may be approved for the required vehicular surface area on a site, provided such areas are properly maintained. Where possible, such materials should be used in areas proximate to and in combination with on-site stormwater control devices (see Figure 30-5.A.8, Alternative Materials).

(Ord. No. S2012-007, § 2, 4-23-2012; Ord. No. S2012-017, § 3, 9-10-2012; Ord. No. S2019-023, 1, 04/23/2019; Ord. No. S2019-024, 1, 04/23/2019; Ord. No. S2019-025, 1, 04/23/2019; Ord. No. S2023-010, § 1, 03/23/2023)

Effective on: 11/18/2013

Within the Neighborhood Commercial (NC), Limited Commercial (LC), Mixed-Use  (MU), and  Downtown  (DT) zoning  districts,  residential development with 30 or more  dwelling units and nonresidential development with 5,000 or more square feet of gross floor area shall provide individual or shared bicycle parking facilities in accordance with the following standards.  Nonresidential uses  of up to 20,000  square feet in size  may  share bicycle parking facilities in accordance with this section.

1. General Standards
   1. Bicycle parking facilities shall be conveniently located, but in no case shall such facilities be located more than 150 feet from the primary building entrance.
   2. Bicycle parking spaces shall be provided at the rate of one bicycle parking space per every 30 residential dwelling units and/or  every 5,000 square feet of nonresidential floor area.
   3. Bicycle facilities  shall  include  a  rack  or other  device  to enable bicycles  to be secured.
2. Shared Bicycle Parking
   Nonresidential uses  of  20,000  square feet  in size  or less  may  share bicycle  parking spaces provided:
   1. Each  use  provides or is served by improved  pedestrian access from the bicycle parking facility to the primary building entrance; and
   2. The shared bicycle parking facility and  improved  pedestrian access is depicted on a Site Plan.

Effective on: 11/18/2013

1. a.
   Number of Required Off-Street Loading Spaces
   On-site loading spaces shall be provided in accordance with Table 30-5.A.10, Required Off-Street Loading Spaces, depending on the use or its gross floor area. The developer shall determine if the use requires a greater number of spaces than those required by this section. The intent of these standards is to prevent commercial loading and unloading activities from occurring on public or private streets or blocking other vehicular circulation.

2. b.
   Standards

   1. 1.
      Minimum Dimensions
      Each  loading space required  by this subsection shall be at least  12 feet wide by 25 feet long (or deep), with at least 14 feet of overhead clearance. Each off-street loading  space shall  have  adequate, unobstructed means for the  ingress and egress of vehicles (see Figure 30-5.A.10,  Loading Spaces).

Figure 30-5.A.10:  Loading Spaces

Loading zones shall be striped, landscaped, and located to the side or rear of a building, wherever possible.

1.   
   2. 2.
      Berths or Loading Docks
      Except  in the  DT district,  buildings  required  to provide  three  or more  loading spaces or buildings with nonresidential uses on three or more floors shall provide a loading dock adjacent to a loading space.
   3. 3.
      Location
      Where  possible, loading areas shall be located to the rear of the use  they serve. In addition,  the  loading  area shall  be  located adjacent to the  building's  loading doors, in an area that promotes their practical  use.
   4. 4.
      Delineation of Loading Spaces
      All loading spaces shall be delineated by signage and striping and labeling of the pavement.
   5. 5.
      Access to a Street
      Every  loading  space shall  be  provided  with safe  and  convenient access to a street, but in no case shall the loading space extend into the required  aisle of the parking lot.
   6. 6.
      Paving
      The ground  surface of loading  spaces shall be paved with a durable, dust  free, and  hard  material,  such  as surface and  seal  treatment,  bituminous hot  mix, Portland cement, concrete, or some comparable material.  Such  paving shall be maintained for safe  and convenient use  at all times.
   7. 7.
      Landscaping
      Loading  spaces shall  be  screened around the  perimeter in accordance with Section  30-5.B.4.e, Screening.
   8. 8.
      Exterior Lighting
      Exterior  lighting for loading  areas shall  comply  with the  standards in Section 30-5.E,  Exterior Lighting.

(Ord. No. S2012-016, § 3.3, 9-10-2012; Ord. No. S2012-025, §§ 4, 5, 16, 11-13-2012; Ord. No. S2019-026, 1, 04/23/2019; Ord. No. S2021-035, § 1, 10/25/2021)

Effective on: 11/18/2013

1. a.
   Fire Lanes
   Where streets or right-of-way provide insufficient access for fire fighting, unobstructed fire lanes with a minimum  width complying  with the  current  adopted version  of the  North Carolina  State Fire Code  shall be provided  adjacent to a structure's primary entrance in accordance with  the  City's  fire  code.   In  no  instance shall  this  standard waive  the requirement for primary drive aisles constructed in accordance with Section  30-5.A.11.e, Primary Drive Aisles, when these drive aisles are required  by this Ordinance.
2. b.
   Stacking Spaces for Drive-through and Related Uses
   In addition  to meeting the  off-street  parking  standards in Table  30-5.A.4.b,  Minimum Off-Street  Parking  Standards, uses with drive-through facilities and  other  auto-oriented uses where  vehicles queue up to access a service shall provide the minimum number of stacking/standing spaces  established in Table 30-5.A.11.a,  Required Stacking/Standing Spaces, and Figure 30-5.A.11.b, Stacking  Spaces:

Figure 30-5.A.11.b:  Stacking  Spaces

3. c.
   Stacking Lanes for Parking Lot Entrances
   Nonresidential uses shall provide stacking lanes between the edge of the street right-of-way and entrances into off-street parking areas in accordance with the minimum stacking lane distance established in Table 30-5.A.11.C, Stacking Lanes for Parking Lots, and Figure 30-5.A.11.c. Except in the Downtown (DT) district or if the site has two or more driveways.

Figure 30-5.A.11.c:  Parking Lot Entrances

Stacking spaced along a parking lot entrance helps prevent vehicle conflicts and increases safety.

4. d.
   Medians in Driveway Entrances
   Medians may be provided  within driveway entrances provided:

   1. 1.
      The median is surrounded by valley or other mountable curbing;
   2. 2.
      Planted material within the  median is limited to understory trees, shrubs, and ground cover; and
   3. 3.
      The minimum aisle width is maintained for each travel and turning lane.  The minimum width shall comply with the current adopted version of the North Carolina State Fire Code.
5. e.
   Primary Drive Aisles
   Primary drive aisles within off-street surface parking lots with 500 or more spaces shall be designed to appear as an extension of the public street network extending from the public right-of-way along the full length of the primary façades of structures being served by the drive (see Figure 30-5.A.11.e, Primary Drive Aisles), and shall meet the following standards:

   1. 1.
      Primary drive aisles shall have  a maximum  cross section of 38 feet to serve two travel lanes and  accommodate parallel  parking  spaces along  both sides of the drive aisle in areas not needed for turning movements;

Figure 30-5.A.11.e: Primary Drive Aisles

Primary drive aisles can be configured to appear as an extension of the City street network to promote greater pedestrian orientation and a higher quality of design.

1.   
   2. 2.
      Primary drive aisles shall be striped  to designate parallel parking spaces, where appropriate, but in no case shall parallel parking spaces be designated within 60 feet of the primary building entrance(s);
   3. 3.
      Sidewalks meeting  or  exceeding  the  City's construction standards  shall  be provided  adjacent to the building's front façade; and
   4. 4.
      Street trees shall  be  provided  along  both  sides of  the  primary  drive  aisle  in accordance with Section 30-5.B.4.a, Street Trees, although understory trees may be used adjacent to the building façade within 40 feet of building entrances.

(Ord. No. S2011-013, § 1.8, 11-28-2011; Ord. No. S2012-016, § 3.4, 9-10-2012; Ord. No. S2012-018, § 4.2, 9-10-2012; Ord. No. S2012-025, § 16, 11-13-2012; Ord. No. S2013-026, § 1, 11-18-2013; Ord. No. S2014-020, § 3a, 11-24-2014;Ord. No. S2019-027, 1, 04/23/2019; Ord. No. S2019-031, 1, 04/23/2019; Ord. No. S2019-057, § 1, 11/25/2019; Ord. No. S2025-017, § 1, 06/23/2025)

Effective on: 6/23/2025

It is the purpose of this section to promote and protect the public health, safety, and general welfare by establishing minimum requirements for the provision and maintenance of functionally adequate, attractive screening and buffering of structures, parking areas, driveways, and other facilities and land uses, while providing standards for the protection of existing and new trees and vegetation and their root zones. The intent of this section is to promote this purpose by:

1. Recognizing the importance of trees to the visual and natural environments in the City;
2. Protecting and retaining existing tree canopy and specimen trees during and after development;
3. Ensuring and encouraging the planting, maintenance, restoration and survival of trees, shrubs, and other plants;
4. Contributing to the protection of community residents and visitors from personal injury and property damage, and the protection of the City from property damage, caused or threatened by the improper planting, maintenance or removal of trees, shrubs or other plants;
5. Mitigating against erosion and sedimentation;
6. Reducing stormwater runoff and the costs associated therewith;
7. Encouraging low impact development techniques like bio-retention and other best management practices for dealing with stormwater;
8. Preserving and protecting the water table and surface waters;
9. Restoring soils and land denuded as a result of construction and/or grading;
10. Increasing the tree canopy to provide shade and moderate the effect of urban heat islands;
11. Providing incentives for greater use of sustainable development practices like green roofs, use of native plant materials, and techniques to reduce the need for irrigation;
12. Protecting and enhancing property values and aesthetic qualities;
13. Providing additional improvements to air quality through the carbon dioxide uptake process provided by trees and landscaping; and
14. Providing visual screening, where appropriate.

(Ord. No. S2012-016, § 4.0, 9-10-2012)

*Editor’s note—Ord. No. S2012-016, § 4.0, adopted September 10, 2012, amended Section B, in its entirety, to read as herein set out in sections 1—8. Prior to inclusion of said ordinance, Section B pertained to similar subject matter. See also the Code Comparative Table.

Effective on: 11/18/2013

1. a.
   General
   Except where expressly exempted, these standards shall apply to all development in the City except as described in Section 30-7.F for properties two acres or less.
2. b.
   Review for Compliance
   Review for compliance with the standards of this section shall occur during review of an application for a Clear-Cutting Permit (Section 30-2.C.9), Site Plan (Section 30-2.C.5), Planned Development (Section 30-2.C.3), Subdivision Plan (Section 30-2.C.6.d), Building Permit (Section [@@9372]), or Temporary Use Permit (Section 30-2.C.10), as appropriate. Failure to comply with the standards in this section is a violation of this Ordinance, subject to the remedies and penalties in this section and Article 30-8: Enforcement.

(Ord. No. S2012-016, § 4.0, 9-10-2012; Ord. No. S2020-004, § 1, 06/22/2020; Ord. No. S2023-009, § 1, 03/23/2023)

Effective on: 6/22/2020

1. a.
   PreApplication Meeting and Tree Protection Plan
   It is important to identify any characteristics of a site that make it special. Added value to the resulting design may be achieved by identifying and considering these attributes prior to the advancement of the development plans.
   Wooded sites provide distinct aesthetic, economic and environmental significance and value as a natural resource of the City. Existing vegetation plays a critical role in maintaining aesthetics, water quality, minimizing erosion and downstream flooding, and increasing quality of life as well as reducing site development cost to replant and restore a portion of what was unknowingly removed. Critical to the satisfaction of this portion of the UDO is the identification of existing trees as a resource feature.

   1. 1.
      Prior to plan development and submittal, the applicant shall meet with the City and provide the City with a graphic depiction on an aerial map illustrating the existing tree canopy and potential areas for preservation of existing healthy trees with good form. Knowing the location and size of significant trees on the development site facilitates a common understanding of what options and incentives are available to preserve trees and improve the appearance of the proposed development while meeting the development goals of the applicant.
   2. 2.
      The applicant shall also provide information on the location and species of any trees having a DBH of 30 inches or greater which may currently exist on the site. Potential opportunities for tree preservation will be discussed. Tree preservation is to be determined in conjunction with the City's input.
   3. 3.
      Once determined, the applicant shall indicate the location of the tree protection zones on the development plans. Tree protection areas based on the trees' critical root zones shall be noted and drawn to scale on demolition, grading and erosion control, and landscaping plans. The general type, size and nature of the existing trees to be saved and credited toward landscaping requirements shall be included as a table, as well as being graphically illustrated (see Section 30-5.B.6, Tree Preservation and Section 30-5.B.8, Tree Preservation During Construction).
   4. 4.
      Tree save areas must be described by metes and bounds on the recorded plat, individual recorded deeds, and all property association documents for land held in common.
2. b.
   Landscape Plan

   1. 1.
      To ensure compliance with the standards of this section, a landscape plan demonstrating how landscaping will be planted on a development site shall be included as a part of any development application.
   2. 2.
      In the event of phased development, a landscape plan shall be required for each distinct phase of the development, and shall depict landscaping associated with the particular phase of development.
   3. 3.
      The landscape plan should be prepared by a professional, knowledgeable about plant material and design. Please refer to the City's landscaping guidelines for additional guidance on what is to be included on the landscape plan.
3. c.
   Coordination with Stormwater Requirements
   When required stormwater management facilities are enhanced as a site amenity they may qualify as a portion of the required open space. Determination of credit shall be at the discretion of the city manager in accordance with the provisions of Section 30-5.C.3.b.6.
4. d.
   Coordination with Site Lighting
   Coordination is required so that site lighting is located an appropriate distance from trees to minimize future conflict (see Section 30-5.E.5.d).
5. e.
   Planting Standards

   1. 1.
      Existing Vegetation
      Existing healthy, well-formed canopy and/or understory trees as well as healthy shrubs may be credited toward the requirements of this section, provided the vegetation meets or exceeds the minimum size standards and is protected before and during development of the site and maintained thereafter in a healthy growing condition (see Section 30-5.B.7, Tree Preservation Incentives).

      1. a.
         The property owner must include in a tree survey (see Section 30-5.B.6.d, Tree Survey) all existing trees four-inch caliper or greater proposed to be saved to satisfy a portion of the planting requirements. A tree survey is otherwise not required.
      2. b.
         Only healthy trees free of invasive species that have been protected during the entire development period, beginning prior to the commencement of site work and continuing through to issuance of the certificate of occupancy in accordance with approved tree protection requirements may satisfy these planting requirements.
      3. c.
         Preserved vegetation is to be maintained thereafter in a healthy growing condition free of invasive plant species.
      4. d.
         If the minimum protection standards are not met, or if trees are observed by the City to be injured or threatened, the vegetation may be deemed ineligible for meeting these requirements.
      5. e.
         Where existing vegetation is used in buffer yards, supplemental plantings may be required, if the existing vegetation does not provide the same effect that a planted buffer would after five years of normal growth.
   2. 2.
      New Plantings
      The City shall maintain and make available, a list of recommended plant material hardy to the Fayetteville area and a plant list maintained by PWC for materials suitable for planting under power lines. Plant material not on the list may be approved by the City and the utility provider on a case-by-case basis. In the absence of a list for the City, the list published by the North Carolina Cooperative Extension Service shall serve as the list of recommended trees. Plantings shall comply with the following standards (see Figure 30-5.B.3.e.2, Minimum Planting Standards for New Plantings, below):

      Figure 30-5.B.3.e.2: Minimum Planting Standards for New Plantings

      New plantings, and existing vegetation proposed for credit towards the landscape requirements, must comply with the minimum.

      1. a.
         Deciduous canopy trees shall be a minimum of two inches in caliper at the time of planting, as determined in the American Standard for Nursery Stock, ANSI Z60.1-2004, as amended, and shall be a minimum of eight feet in height above ground level at the time of planting.
      2. b.
         Understory or ornamental trees shall have a caliper of one and-one-half inches at time of planting, as determined in the American Standard for Nursery Stock, ANSI Z60.1-2004, as amended, and shall be a minimum of eight feet in height above ground level at the time of planting.
      3. c.
         Evergreen trees, except Longleaf Pines, shall be a minimum of six feet in height at the time of planting. Longleaf Pines shall be a minimum of three feet in height at time of planting.
      4. d.
         At least 50 percent of the shrubs shall be a minimum five-gallon container size at time of planting. Deciduous shrubs, which are upright in nature shall be a minimum of 24 inches in height at the time of planting, and evergreen shrubs shall be a minimum of 18 inches in height at the time of planting.
      5. e.
         In cases where application of the requirements in this subsection result in a fraction in the number of shrubs to be provided, the minimum number of shrubs or trees to be provided shall be rounded upwards to the next highest whole number.
      6. f.
         All landscape plant materials shall conform to the latest version of the American Standard of Nursery Stock (ANSI Z60.1, as amended). Plant material shall be of specimen quality or better, true to name and type of species or variety.
      7. g.
         The use of native, drought tolerant vegetation is encouraged to reduce dependency upon irrigation. Fifty percent of all new trees planted shall be native.
      8. h.
         To curtail the spread of disease or insect infestation in a plant species, and to add interest to the landscape, species variety shall be in proportion to the number of trees and shrubs planted. Nothing in this subsection shall be construed so as to prevent the utilization of a larger number of different species than specified in Table 30-5.B.3.e.2.h, Species Variety, below:

1.   
   1.   
      9. i.
         All planting materials shall correspond to the City's approved species list, unless alternative materials are proposed as part of an Alternative Landscape Plan (Section 30-5.B.4.f).

1.   
   3. 3.
      Minimum Planting Area
      Based on arboricultural research, a canopy tree requires an absolute minimum soil volume of 400 to 600 cubic feet for it to be able to approach its normal size at maturity. This equates to 274 square feet of area (measured from back of curb to back of curb), with amended soils 18 to 24 inches in depth. An understory tree may be planted in 180 square feet of area. Any planting area bounded by an impervious surface shall be at least ten feet wide when planted with canopy trees, or seven feet wide when planted with understory trees.
   4. 4.
      Suitable Backfill
      All gravel, concrete and construction debris shall be removed from planting areas to a depth of 18 to 24 inches. Prior to backfill, areas shall be checked to ensure that they drain properly. Areas shall be backfilled with amended soil or topsoil meeting the requirements included in the City's landscaping guidelines, prior to planting.
   5. 5.
      Stabilization

      1. a.
         All landscape planting areas shall be stabilized and maintained with ground covers, mulches, or other approved materials to prevent soil erosion and allow rainwater infiltration.
      2. b.
         Groundcover located within three feet of a building base shall comply with applicable State of North Carolina Fire Codes.
   6. 6.
      Berms
      All berms shall comply with the following design standards:

      1. a.
         The slope of all berms shall not exceed a three-to-one (3:1) ratio (horizontal to vertical), shall have a top width at least one-half the berm height, and a maximum height of eight feet above the toe of the berm.
      2. b.
         All berms, regardless of size, shall be stabilized with a ground cover or other suitable vegetation.
      3. c.
         Berms proposed to be placed along street right-of-way shall be designed and constructed to provide adequate sight distances at intersections and along the street.
      4. d.
         Berms shall not be located within the critical root zone of any existing healthy vegetation designated to be preserved.
   7. 7.
      Limitations on Landscaping Placement

      1. a.
         Within Easements

         1. 1.
            No trees shall be planted within water and sewer easements. Nothing except groundcover and approved shrubs (maximum height of 42") shall be planted or installed within any underground or overhead utility, drainage, or gas easement, without the prior written consent of the utility provider, the City, or as provided for by the applicable easement agreement. Minimum clear separation distances required by the current adopted version of the North Carolina Fire Code shall be maintained for any fire protection system. Access to manholes, meter boxes, and similar features shall be maintained.
         2. 2.
            Where required landscaping material is damaged or removed due to utility activity within an easement, the landowner shall be responsible for replanting all damaged or removed vegetation necessary to ensure required landscaping meets the standards in this Article.
      2. b.
         Near Functional Fire Protection
         Nothing except groundcover shall be planted or installed within three feet of a fire protection system without the prior written consent of the City. Under no circumstances shall plantings violate the State of North Carolina Fire Code.
      3. c.
         Utility-Owned Facilities

         1. 1.
            Nothing except groundcover shall be planted or installed within five feet of an underground meter, without the prior written consent of the utility owner.
         2. 2.
            Nothing except groundcover and approved shrubs shall be planted or installed within ten feet of water and sewer main lines, without the prior written consent of the utility owner.
      4. d.
         Beneath Overhead Utilities
         Canopy trees shall not be planted beneath or adjacent to above ground and/or overhead facilities. Understory trees or other landscaping may be planted beneath or adjacent to above ground and/or overhead utilities with prior consent from the utility owner, easement holder, or as provided for by the applicable easement agreement.
      5. e.
         Change of Use and Expansion
         Any additions or expansions shall meet the requirements of Section 30-7.F, Nonconforming Sites.
      6. f.
         Sight Distance Triangle Protection
         Landscaping shall not obstruct the view of motorists using any street, private driveway, parking aisles, or the approach to any street intersection so as to constitute a traffic hazard and shall be in compliance with the sight triangle visibility standards located in Section 30-5.F.4.c.
   8. 8.
      Time for Installation of Required Landscaping

      1. a.
         Time Limit
         All required landscaping (including mulching and seeding) shall be installed in accordance with the required planting standards set forth in this section prior to issuance of a Certificate of Occupancy unless the City Manager grants an extension to this time limit in accordance with Section 30-5.B.3.e.8.b, Extensions, below.
      2. b.
         Extensions

         1. 1.
            The City Manager may, for good cause shown, grant one or more extensions of up to 90 days each from the date a Certificate of Occupancy is issued to install required landscaping. Circumstances that may warrant an extension include, but are not limited to, the following:

            1. A.
               Unusual environmental conditions, such as drought, ice, or oversaturated soil (deep mud);
            2. B.
               It is not yet the appropriate planting season for the approved plant species;
            3. C.
               Credible evidence that the approved plant species or required plant sizes are not commercially available and cannot be substituted within a reasonable time despite an applicant's diligent effort to secure the required materials; or
            4. D.
               Completion of utility work occurring in a proposed landscaped area is incomplete or delayed.
         2. 2.
            No extension to the time limit shall be granted unless a performance guarantee in accordance with the requirements in Section 30-6.C, Performance and Maintenance Guarantees, is in place to ensure that all required landscaping installation will be completed at a predetermined later date.
      3. c.
         Multi-Phase Development
         Multi-phase development shall only be required to provide the landscaping directly associated with development in the active phase(s).
   9. 9.
      Maintenance of Landscaping Materials
      The owner shall be responsible for the maintenance of all landscape areas not in the public right-of-way. Such areas shall be maintained in accordance with the approved Landscape Plan or Alternative Landscape Plan and shall present a healthy and orderly appearance free from refuse and debris. All plant life shown on an approved Landscape Plan or Alternative Landscape Plan shall be replaced in compliance with the minimum standards of this section, if it dies, is seriously damaged, or removed. This section is not intended to prevent normal, routine maintenance.

      1. a.
         Damage Due to Natural Occurrence
         In the event that any vegetation or physical element functioning to meet the standards of this section is severely damaged due to an unusual weather occurrence or natural catastrophe, or other natural occurrence such as damage by wild or domestic animals, the owner or developer may be required to replant if the landscaping standards are not being met. The owner shall have one growing season to replace or replant. The City Manager shall consider the type and location of the landscape buffer or required vegetation area as well as the propensity for natural revegetation in making a determination on the extent of replanting requirements.
      2. b.
         Protection During Operations
         The owner or developer shall take actions to protect trees and landscaping from unnecessary damage during all facility and site maintenance operations. Plants shall be maintained in a way that does not obstruct sight distances at roadway and drive intersections, obstruct traffic signs or devices, or interfere with the use of sidewalks or pedestrian trails.
      3. c.
         Prohibition Against Severe Tree Pruning
         All required trees (whether canopy or understory) shall be maintained in their characteristic natural shape, and shall not be severely pruned, sheared, topped, or shaped as shrubs. Trees (including, but not limited to Crape Myrtles) that have been severely pruned, sheared, topped, shaped as shrubs, such that they no longer serve the intended buffering or screening function, shall be considered as damaged vegetation in need of replacement in accordance with Section 30-5.B.3.e.9.a, Damage Due to Natural Occurrence, and shall be replaced within one growing season.
      4. d.
         Removal of Invasive Species
         Regular maintenance shall include regular removal of invasive plant species. For purposes of this section, invasive plant species are considered removed if they are no longer living in the tree canopy. Subsequent property owners are required to maintain this condition for compliance with the chapter.
      5. e.
         Natural Death
         The natural death of existing vegetation within any required landscape area does not necessarily constitute a violation and does not require re-vegetation to replace the plant material unless the required landscape area no longer complies with the standards of this section. In no instance shall this provision be construed to prevent re-planting if, in the opinion of the City Manager, the required performance standard of the landscaping is not being met.
   10. 10.
       Monitoring of Compliance with Landscaping Standards

       1. a.
          Inspections Prior to Certificate of Occupancy
          The City Manager shall inspect the site prior to the issuance of a Certificate of Occupancy for the development and such Certificate shall not be issued if the landscaping required under this section is not living or healthy, is not installed in accordance with the approved Landscape Plan or Alternative Landscape Plan and the standards in this section, or is not subject to an extension granted in accordance with Section 30-5.B.3.e.8.b, Extensions.

(Ord. No. S2012-016, § 4.0, 9-10-2012; Ord. No. S2012-017, § 4, 9-10-2012; Ord. No. S2013-015, §§ 3.1—3.6, 7-22-2013; Ord. No. S2014-004, § 1, 1-13-2014; Ord. No. S2019-028, 1, 04/23/2019; Ord. No. S2019-032, 1, 04/23/2019)

Effective on: 11/18/2013

1. a.
   Street Trees
   Street trees shall be required to serve all development in the City in accordance with the following:

   1. 1.
      Where Required
      Except where exempted in (b) below, street trees shall be required along both sides of all streets.
   2. 2.
      Exemptions
      Street trees shall not be required for:

      1. a.
         Agricultural uses in the AR district, except when agricultural land is subdivided for new residential development; or
      2. b.
         Single-family lots, provided each lot includes one or more canopy trees between the dwelling and the right-of-way. Spacing shall be in accordance with Section 30-5.B.4.a.5, Maximum On Center Spacing, below. Existing healthy, well-formed trees located within 20 feet of the back of curb may be credited toward the requirement of this section, provided the trees meet the requirements of Section 30-5.B.7.a, Tree Preservation Credits and are adequately protected during construction (see Section 30-5.B.8, Tree Protection During Construction).
   3. 3.
      Location

      1. a.
         Except where authorized by an Alternative Landscape Plan (see Section 30-5.B.4.f), or indicated in the Engineering and Infrastructure Department's approved cross section diagrams for utility installations, all street trees shall be planted between the back of the curb and the sidewalk.
      2. b.
         In cases where street trees cannot be planted between the curb and the sidewalk, applicants shall contact the City Engineering and Infrastructure Department for utility installation cross sections which depict approved street tree locations in the public right-of-way.
      3. c.
         Street trees shall be located to avoid utilities (both overhead and underground), in accordance with the utility's requirements for clearance, unless specific written consent from the utility owner is provided.
   4. 4.
      Configuration

      1. a.
         Street trees shall be canopy trees except beneath overhead utilities or other projections into the public right-of-way, where understory trees shall be used instead.
      2. b.
         In locations directly under overhead utility lines, two understory trees may be substituted for each required canopy tree.
      3. c.
         Within the DT-1 district, other urban areas, or redevelopment areas, street trees may be located within reduced planting strips or tree pits with irrigation and drainage systems or as part of an adopted streetscape master plan. Tree pits may be located adjacent to the back of the curb.
      4. d.
         All trees planted along NCDOT right-of-way shall conform to NCDOT guidelines.
   5. 5.
      Maximum On-Center Spacing

      1. a.
         Understory trees shall be spaced between 15 to 25 feet on center, depending upon the species size at maturity.
      2. b.
         Canopy trees shall be spaced between 25 to 40 feet on center, depending upon the species size at maturity.
      3. c.
         Wherever possible, small and medium trees shall be placed between large trees to accommodate the canopy growth of large trees over time.
      4. d.
         Alternative layout may be considered through the Alternative Landscape Plan procedure in Section 30-5.B.4.f.
2. b.
   Site and Building Landscaping
   Site and building landscaping material is intended to soften the visual impact of the building base and provide for the even dispersal of trees and other plantings across a development site.

   1. 1.
      Standards
      Except for substations and lift stations, single-family detached dwellings and properties in the Downtown (DT) district, site and building landscaping shall be required for all development, and shall be supplied in the amounts identified in Table 30-5.B.4.b, Required Site Landscaping Plantings, below, and Figure 30-5.B.4.b, Site and Building Landscaping Placement. Site landscaping shall meet the minimum size standards for new planting specified in Section 30-5.B.3.e, Planting Standards.

1.   
   2. 2.
      Location
      Required shrubs shall be planted around the building perimeter, with emphasis placed on building bases visible from the public right-of-way. Required shrubs may be planted within a five-foot planting strip adjacent to the building or up to 15 feet from the building provided there is a sidewalk located between the planting area and the building wall. Fifty percent of the required shrubbery may be dispersed around the site. The linear perimeter footage is exclusive of docks, bays and pedestrian entrances up to 50 percent of the total perimeter linear footage.

Figure 30-5.B.4.b: Site and Building Landscaping Placement

Site landscaping includes foundation plantings and trees dispersed across a development site.

3. c.
   Vehicular Use Area Landscaping
   All vehicular use areas shall include landscaping, both within the interior of the vehicular use area and around its perimeter (see Figure 30-5.B.4.c, Vehicular Use Area Landscaping), as a means of mitigating the parking area's microclimate and visual impacts.

   1. 1.
      Purpose and Intent
      It is the intent of this section to visually modify the appearance and break the blight created by large expanses of vehicular use areas; filter and reduce the glare of reflected sunlight from parked automobiles onto adjacent properties and the public street right-of-way; separate the public from the ill effects of fumes and dust; and provide shade, noise attenuation, and filtering of the air of particulate and gaseous pollutants.
   2. 2.
      Applicability
      These standards shall apply to all development in the City with on-site vehicular use areas, except single-family detached, and duplex, triplex or quadraplex dwellings on a single lot.
   3. 3.
      Interior Vehicular Use Area Landscaping Standards

      All parking areas with 12 or more spaces shall provide and maintain landscaping areas within the interior of the parking lot in accordance with the standards in this subsection. These standards shall not apply to parking structures or automotive sales or display lots.

Figure 30-5.B.4.c: Vehicular Use Area Landscaping

1.   
   1.   
      1. a.
         Landscaped planting areas shall be distributed throughout the parking area for the purpose of heat abatement.
      2. b.
         All rows of interior parking shall be terminated by a tree planted within a landscape island. Perimeter parking detailed in subparagraph c. does not require a landscape tree.
      3. c.
         One tree shall be required for every 12 parking spaces. All vehicular parking spaces must have at least one canopy tree within 60 feet of each parking space, or one understory tree within 30 feet. Trees planted within perimeter vehicular use landscaping strips may be used to satisfy this requirement.
      4. d.
         At least 50 percent of all trees required by this section shall be canopy trees.
      5. e.
         Each planting area shall contain sufficient area and backfill soil to accommodate the root growth of the plant material used as discussed in the General Requirements in Section 30-5.B.3.e.3.
      6. f.
         When a pedestrian pathway median (see Section 30-5.A.11.f, Pedestrian Pathways) is widened to accommodate trees and the minimum planting area referenced in Section 30-5.B.3.e.3 is observed, the adjacent tree islands that would otherwise be required every 12 parking spaces (see Section 30-5.B.4.c.3.c, above), may be eliminated in this area. Other requirements of this section still apply.
      7. g.
         All planting areas shall be protected from vehicle damage by the installation of curbing, wheel stops, or other comparable methods. The size of the planting area, size of plant material at maturity, and placement of plant material shall allow for a two-and-one-half-foot bumper overhang from the face of the curb when wheel stops are not used. This standard shall not prohibit the use of planting areas as stormwater management devices.
      8. h.
         For expansion or renovation projects where the application of these requirements is infeasible or unworkable, the applicant may propose an alternative landscape plan as outlined in Section 30-5.B.4.f, Alternative Landscape Plan.

(Ord. No. S2013-026, § 1, 11-18-2013)

1.   
   4. 4.
      Perimeter Vehicular Use Area Landscaping Strips
      Vehicular use areas shall be separated and screened from all adjoining properties by a landscape strip.

      1. a.
         Continuous Visual Screen in Non-Residential Areas
         Commercial (non-residential) vehicular use areas shall be separated from adjoining commercial properties with a minimum five foot wide landscape strip. When head-in parking adjacent to the property line includes wheel stops, the minimum width of the landscape strip is reduced to three feet. The landscape strip shall be planted with a continuous visual screen of evergreen shrubs along the property line, with a minimum height of 24 inches at the time of planting. Required sight clearances at driveways and near intersections shall not be subject to this requirement. When a parking lot will be consolidated with an adjacent parcel, the landscaping strip may be eliminated (see Section 30-5.B.4c.4.c, below).
      2. b.
         Adjacent to Off-Street Surface Parking on Other Lots
         Parking lots should be consolidated and circulation systematized when possible with more creative and effective landscaping, pedestrian circulation, and lighting, rather than having a series of smaller-sized parking lots divided by arbitrary lots lines with landscaped buffers. To this end, the vehicular use area landscape strip may be eliminated when the proposed parking lot will be combined with an existing or future adjoining parking lot. A recorded Cross Parking Agreement between the cooperating parties is required to provide non-exclusive access (for vehicles and pedestrians) to driveways, maneuvering areas, parking areas, and so on.
      3. c.
         Credit Towards Property Perimeter Landscape Buffer Requirements
         Perimeter landscape strips associated with a vehicular use area may be credited towards perimeter buffer standards (see Section 30-5.B.4.d, below), provided the minimum applicable buffer standards are met, and provided the vehicular use area perimeter landscaping is within the area to be occupied by the property perimeter landscape buffer.
      4. d.
         Parking Lot Entrance Aisles and Stacking Lanes
         Driveways into parking areas shall include a landscape strip at least ten feet wide along each side of the driveway. At a minimum, the driveway landscape strip shall include one canopy tree for every 25 to 40 linear feet of drive or one understory tree for every 15 to 25 linear feet of drive. A minimum of one shrub shall be planted for every five linear feet of driveway entrance. Plant material may be grouped as an entrance feature rather than planted as a linear border.
   5. 5.
      Street Yard Buffer

      1. a.
         Purpose and Intent
         The purpose of the street yard buffer is to enhance the streetscape and public environment by abating glare and moderating temperatures of impervious areas; filtering air of fumes and dust; providing shade; attenuating noise; and reducing the visual impact of large expanses of pavement through the provision of a visually modifying screen of plants. The intent is to provide at a minimum an opaque buffer at the ground level up to three feet, with open views available through and between taller plant material. Existing vegetation should be used to satisfy these planting requirements where possible.
      2. b.
         Applicability
         A street yard buffer shall be required for all vehicular use areas that are established within 50 feet of any street right-of-way (including controlled access highways) unless separated by an intervening building. When buildings are moved up to the street, the street yard requirement is eliminated.
      3. c.
         Minimum Requirements
         The depth of the street yard varies, based upon the size of the adjacent parking lot as described below:

1. 1. 4. d.
         Alternative Option for Constrained Sites - Garden Walls
         Masonry garden walls may be constructed on constrained sites in lieu of the vegetated street yard buffer (described above in Table 30-5.B.4.c.5.c) as determined by the city manager. DOT approval may also be required. The garden wall option is particularly well-suited in the Downtown and Hospital Overlay Districts as well for redevelopment sites. Such walls shall comply with the design standards established below.

Figure 30-5.B.4.c.5.d: Garden Wall Example

Masonry garden walls may be constructed on constrained sites in lieu of the vegetated street yard buffer described in Table 30-5.B.4.c.5.c.

4. d.
   Property Perimeter Landscape Buffers

   1. 1.
      Purpose and Intent
      Perimeter landscape buffers are intended to mitigate potential negative effects of contiguous uses in differing zoning districts by protecting and preserving the appearance, character and value of property within the City. The objective is to exclude visual contact, create spatial separation and to minimize any adverse impacts on adjacent properties. Where topographical changes, the size and shape of existing lots of record, or other spatial considerations exist which would make adherence to the basic requirement either impossible or ineffective in meeting the purpose of the buffer yard, alternate buffer yard plans will be considered or may be required.
   2. 2.
      Applicability
      All development shall provide a property perimeter landscape buffer at the edge of the development to separate it from differently-zoned adjacent property in accordance with Table 30-5.B.4.d.4, Buffer Types, and Table 30-5.B.4.d.5, Buffer Type Application.
   3. 3.
      Use of Existing Trees
      Existing healthy, well-formed trees located at the property perimeter shall remain undisturbed (except for the removal of dead wood and invasive vines) and may be credited toward the requirement of this section, in accordance with Section 30-5.B.7.a, Tree Preservation Credits. Additional trees and shrubs may be required to bring the natural buffer up to the full perimeter buffer requirements.
   4. 4.
      Types of Buffers
      Table 30-5.B.4.D.4, Property Perimeter Buffer Types, describes different buffering options in terms of their function, opacity, width, and planting requirements. Where a particular buffer type is required in Table 30-5.B.4.D.5, Buffer Type Applications, the requirement may be met with the combination of minimum buffer width and minimum screening requirements specified under either Option 1 or Option 2. Trees and shrubs within a 25-foot wide buffer shall be spread in a staggered, off-set pattern to establish a full and opaque buffer. Where an option utilizing a berm or fence is selected, the berm or fence shall comply with the standards of Section 30-5.B.3.e.6, Berms, or Section 30-5.D, Fences and Walls, as appropriate. All exposed areas of soil within the buffer area must be covered with mulch, groundcover vegetation, or grass.

Table 30-5.B.4.d.4: Property Perimeter Buffer Types
BUFFER TYPE AND CONFIGURATION	DESCRIPTION	MINIMUM SCREENING REQUIREMENTS WITHIN PERIMETER BUFFER
		OPTION 1: MINIMUM FEET [1][2]	OPTION 2: MINIMUM WIDTH 10 FEET [1][2]
TYPE A: BASIC
	This perimeter buffer functions as a basic edge demarcating individual properties with a slight visual obstruction from the ground to a height of ten feet.	Three canopy trees + three understory trees per 100 linear feet	One canopy tree + five understory trees + 15 shrubs per 100 linear feet
TYPE B: AESTHETIC
	This perimeter buffer functions as an intermittent visual obstruction from the ground to a height of at least 20 feet and creates the impression eliminating visual contact between uses.	Four canopy trees + five understory trees + 15 shrubs per 100 linear feet	One canopy tree + seven understory trees + 35 shrubs per 100 linear feet
TYPE C: SEMI-OPAQUE
	This perimeter buffer functions as a semi-opaque screen from the ground to at least a height of six feet.	Six canopy trees + seven understory trees + 25 shrubs per 100 linear feet	One 4-foot-high berm or one 4-foot-high solid fence + two canopy trees + eight understory trees + 10 shrubs per 100 linear feet
TYPE D: OPAQUE
	This perimeter buffer functions as an opaque screen from the ground to a height of at least six feet. This type of buffer prevents visual contact between uses and creates a strong impression of total separation.	Nine canopy trees + ten understory trees + 55 shrubs per 100 linear feet	One 6-foot-high solid fence + six canopy trees + 25 shrubs per 100 linear feet
NOTES: [1] Any required perimeter buffer width can be reduced to five feet with the provision of a solid masonry wall six feet in height, along with ten shrubs per every 100 linear feet located outside the wall. [2] Perimeter buffer widths (but not vegetation amounts) may be reduced in accordance with Section 30-5.B.4.f, Alternative Landscape Plan.

Table 30-5.B.4.d.4: Property Perimeter Buffer Types
BUFFER TYPE AND CONFIGURATION	DESCRIPTION	MINIMUM SCREENING REQUIREMENTS WITHIN PERIMETER BUFFER
		OPTION 1: MINIMUM FEET [1][2]	OPTION 2: MINIMUM WIDTH 10 FEET [1][2]
TYPE A: BASIC
	This perimeter buffer functions as a basic edge demarcating individual properties with a slight visual obstruction from the ground to a height of ten feet.	Three canopy trees + three understory trees per 100 linear feet	One canopy tree + five understory trees + 15 shrubs per 100 linear feet
TYPE B: AESTHETIC
	This perimeter buffer functions as an intermittent visual obstruction from the ground to a height of at least 20 feet and creates the impression eliminating visual contact between uses.	Four canopy trees + five understory trees + 15 shrubs per 100 linear feet	One canopy tree + seven understory trees + 35 shrubs per 100 linear feet
TYPE C: SEMI-OPAQUE
	This perimeter buffer functions as a semi-opaque screen from the ground to at least a height of six feet.	Six canopy trees + seven understory trees + 25 shrubs per 100 linear feet	One 4-foot-high berm or one 4-foot-high solid fence + two canopy trees + eight understory trees + 10 shrubs per 100 linear feet
TYPE D: OPAQUE
	This perimeter buffer functions as an opaque screen from the ground to a height of at least six feet. This type of buffer prevents visual contact between uses and creates a strong impression of total separation.	Nine canopy trees + ten understory trees + 55 shrubs per 100 linear feet	One 6-foot-high solid fence + six canopy trees + 25 shrubs per 100 linear feet
NOTES: [1] Any required perimeter buffer width can be reduced to five feet with the provision of a solid masonry wall six feet in height, along with ten shrubs per every 100 linear feet located outside the wall. [2] Perimeter buffer widths (but not vegetation amounts) may be reduced in accordance with Section 30-5.B.4.f, Alternative Landscape Plan.

Table 30-5.B.4.d.4: Property Perimeter Buffer Types
BUFFER TYPE AND CONFIGURATION	DESCRIPTION	MINIMUM SCREENING REQUIREMENTS WITHIN PERIMETER BUFFER
		OPTION 1: MINIMUM FEET [1][2]	OPTION 2: MINIMUM WIDTH 10 FEET [1][2]
TYPE A: BASIC
	This perimeter buffer functions as a basic edge demarcating individual properties with a slight visual obstruction from the ground to a height of ten feet.	Three canopy trees + three understory trees per 100 linear feet	One canopy tree + five understory trees + 15 shrubs per 100 linear feet
TYPE B: AESTHETIC
	This perimeter buffer functions as an intermittent visual obstruction from the ground to a height of at least 20 feet and creates the impression eliminating visual contact between uses.	Four canopy trees + five understory trees + 15 shrubs per 100 linear feet	One canopy tree + seven understory trees + 35 shrubs per 100 linear feet
TYPE C: SEMI-OPAQUE
	This perimeter buffer functions as a semi-opaque screen from the ground to at least a height of six feet.	Six canopy trees + seven understory trees + 25 shrubs per 100 linear feet	One 4-foot-high berm or one 4-foot-high solid fence + two canopy trees + eight understory trees + 10 shrubs per 100 linear feet
TYPE D: OPAQUE
	This perimeter buffer functions as an opaque screen from the ground to a height of at least six feet. This type of buffer prevents visual contact between uses and creates a strong impression of total separation.	Nine canopy trees + ten understory trees + 55 shrubs per 100 linear feet	One 6-foot-high solid fence + six canopy trees + 25 shrubs per 100 linear feet
NOTES: [1] Any required perimeter buffer width can be reduced to five feet with the provision of a solid masonry wall six feet in height, along with ten shrubs per every 100 linear feet located outside the wall. [2] Perimeter buffer widths (but not vegetation amounts) may be reduced in accordance with Section 30-5.B.4.f, Alternative Landscape Plan.

Table 30-5.B.4.d.4: Property Perimeter Buffer Types
BUFFER TYPE AND CONFIGURATION	DESCRIPTION	MINIMUM SCREENING REQUIREMENTS WITHIN PERIMETER BUFFER
		OPTION 1: MINIMUM FEET [1][2]	OPTION 2: MINIMUM WIDTH 10 FEET [1][2]
TYPE A: BASIC
	This perimeter buffer functions as a basic edge demarcating individual properties with a slight visual obstruction from the ground to a height of ten feet.	Three canopy trees + three understory trees per 100 linear feet	One canopy tree + five understory trees + 15 shrubs per 100 linear feet
TYPE B: AESTHETIC
	This perimeter buffer functions as an intermittent visual obstruction from the ground to a height of at least 20 feet and creates the impression eliminating visual contact between uses.	Four canopy trees + five understory trees + 15 shrubs per 100 linear feet	One canopy tree + seven understory trees + 35 shrubs per 100 linear feet
TYPE C: SEMI-OPAQUE
	This perimeter buffer functions as a semi-opaque screen from the ground to at least a height of six feet.	Six canopy trees + seven understory trees + 25 shrubs per 100 linear feet	One 4-foot-high berm or one 4-foot-high solid fence + two canopy trees + eight understory trees + 10 shrubs per 100 linear feet
TYPE D: OPAQUE
	This perimeter buffer functions as an opaque screen from the ground to a height of at least six feet. This type of buffer prevents visual contact between uses and creates a strong impression of total separation.	Nine canopy trees + ten understory trees + 55 shrubs per 100 linear feet	One 6-foot-high solid fence + six canopy trees + 25 shrubs per 100 linear feet
NOTES: [1] Any required perimeter buffer width can be reduced to five feet with the provision of a solid masonry wall six feet in height, along with ten shrubs per every 100 linear feet located outside the wall. [2] Perimeter buffer widths (but not vegetation amounts) may be reduced in accordance with Section 30-5.B.4.f, Alternative Landscape Plan.

1.   
   5. 5.
      Buffer Type Application
      Table 30-5.B.4.d.5, Buffer Type Application, below, specifies the type of perimeter landscape buffer that new development shall provide between it and adjacent property, based on the zoning district of the development site and that of the adjacent property. The buffer type is indicated by a letter corresponding to one of the four buffer types depicted in Table 30-5.B.4.d.4, Property Perimeter Buffer Types.

1.   
   6. 6.
      Responsibility for Buffer Installation

      1. a.
         Vacant Parcels
         Where a developing parcel is adjacent to a vacant parcel and a perimeter buffer is required in accordance with this section, the developing parcel may reduce the planting schedule indicated in Table 30-5.B.4.d.4, Property Perimeter Buffer Types, by one-half.
      2. b.
         Existing Land Uses
         Where a developing parcel is adjacent to an existing use and a perimeter buffer is required in accordance with this section, the developing parcel shall provide the full perimeter buffer required adjacent to the existing use in accordance with Table 30-5.B.4.d.4, Property Perimeter Buffer Types, and Table 30-5.B.4.d.5, Buffer Type Application, unless a portion or all of a perimeter buffer that complies with the standards of this section already exists between the lots. Where part of a perimeter buffer exists, but the buffer does not fully comply with the standards of this section, the developing parcel may reduce the planting schedule indicated in Table 30-5.B.4.d.4, Property Perimeter Buffer Types, by one-half.
   7. 7.
      Location of Buffers
      Perimeter buffers required by this section shall be located along the outer perimeter of the parcel(s) under development and shall extend to the parcel boundary line. In the case of parcel boundary lines along a public right-of-way, solid fencing in excess of 36 inches, if provided, shall not encroach beyond the building setback line unless part of an approved Alternative Landscape Plan. A perimeter buffer may be located along shared access easements between parcels in nonresidential developments. If a utility or drainage easement is needed along a property line where a buffer is required, the buffer will be repositioned to align with the outer edge of the easement, rather than the property line, in order to accommodate both purposes without conflict. No trees are to be planted within a drainage or utility easement except as allowed on a case by case basis by the appropriate authority.
   8. 8.
      Development within Required Buffers

      1. a.
         Unless permitted in this section, the required buffer shall not contain any development, impervious surfaces, or site features that do not function to meet the standards of this section or that require removal of existing vegetation.
      2. b.
         Sidewalks and trails may be placed in perimeter buffers if all required landscaping is provided and damage to existing vegetation is minimized according to Section 30-5.B.8, Tree Protection During Construction.
      3. c.
         Overhead and underground utilities may cross a perimeter buffer.
      4. d.
         If required landscaping material is damaged or removed due to utility activity, the landowner shall be responsible for replanting all damaged or removed vegetation necessary to ensure the buffer meets the standards in this Article, unless otherwise provided for by the subject easement agreement.

5. e.
   Screening

   1. 1.
      General Requirements
      Screening shall be required to conceal specific areas of high visual or auditory impact or hazardous areas from both on-site and off-site views (see Figure 30-5.B.4.e, Screening Methods). Such areas shall be screened at all times, unless otherwise specified, regardless of adjacent uses, districts, or other proximate landscaping material.
   2. 2.
      Items to Be Screened
      The following areas shall be screened from off-site views in accordance with this section:

      1. a.
         Large waste receptacles (dumpsters) and refuse collection points (including cardboard recycling containers);
      2. b.
         Loading and service areas;
      3. c.
         Outdoor storage areas (including storage tanks);
      4. d.
         To the extent feasible given access requirements, ground-based utility equipment in excess of 12 cubic feet; and
      5. e.
         Ground level mechanical units, from public streets only.

Figure 30-5.B.4.e: Screening Methods

Vegetation can serve as an effective visual screen for service areas.

1.   
   3. 3.
      Screening Methods
      The following items are permitted for use as screening materials. Alternative screening materials that are not listed may be used if it is determined they are comparable to these screening materials.

      1. a.
         Vegetative materials that meet the minimum vegetative screening requirements for a Type D buffer (see Table 30-5.B.4.d.4, Property Perimeter Buffer Types) and the size standards of Section 30-5.B.3.e.2, New Plantings;
      2. b.
         An earthen berm that is at least two feet in height, covered with grass, or planted with ground cover landscaping materials consistent with the function of and requirements for a Type D buffer (see Table 30-5.B.4.d.4, Property Perimeter Buffer Types)—provided, however, that a berm shall not be used in the DT district or if it will replace existing trees of six inches in caliper or more;
      3. c.
         A solid fence constructed of treated or rot-resistant wood (such as cypress or redwood), or a plastic or vinyl fence, of a minimum height necessary to fully-screen the object being screened; or
      4. d.
         A masonry wall that is the minimum height necessary to fully-screen the object being screened, and that is constructed of brick, textured concrete masonry units, or stuccoed block.
      5. e.
         Use of chain link fencing with wooden or plastic slats does not qualify as a screen.

6. f.
   Alternative Landscape Plan

   1. 1.
      General
      Alternative Landscape Plans, materials, or methods may be justified due to natural conditions, such as streams, natural rock formations, topography, and physical conditions related to the site. Lot configuration and utility easements may justify an alternative landscape plan, as well as impractical situations that would result from application of Section 30-5.B, Landscaping and Tree Protection Standards, or when replacing a tree accidentally damaged in accordance with Section 30-5.B.8, Tree Protection During Construction.
   2. 2.
      Preparation
      The alternative landscape plan should be prepared by someone who is knowledgeable about plant material.
   3. 3.
      Allowable Deviations
      With input from the TRC or the City Arborist, the city manager shall approve an Alternative Landscape Plan if it meets the purpose and intent of the landscaping standards in this section. Allowable deviations from the standards of this section include, but are not limited to the following:

      1. a.
         Reduced Planting Rates due to Public Facilities
         An adjustment to planting locations or reduction of up to 20 percent in the type or total number of plant material may be allowed at underground and/or above ground facilities operated and maintained by a utility, unless specific written consent is provided by that utility. An adjustment or reduction may also be allowed where public easements or right-of-way, are located upon or in close proximity to the parcel.
      2. b.
         Reduction in Standards due to Nature of Parcel
         A reduction in the count, spacing, or species diversity standards by up to 20 percent may be allowed where the reduction is desirable in terms of protection of existing natural resources, better consistency with the goals of the comprehensive plan, or a site design that exceeds the quality of what would otherwise result under a strict application of the standards in this Article.
      3. c.
         Redevelopment of Nonconforming Sites
         The installation of required landscaping during redevelopment of existing nonconforming sites shall occur in accordance with Section 30-7.F, Nonconforming Sites.
      4. d.
         Location of Street Trees

         1. 1.
            Deviations in the placement, on-center spacing, or tree type (understory vs. canopy) are allowable from the standards in Section 30-5.B.4.a, Street Trees, when the deviation is consistent with existing street tree placement along the same or adjacent block faces.
         2. 2.
            An applicant may request, or the City may require payment-in-lieu of street trees in cases where a development's frontage is subject to an approved streetscape plan.

(Ord. No. S2012-016, § 4.0, 9-10-2012; Ord. No. S2012-024, § 14, 11-13-2012; Ord. No. S2012-025, § 16, 11-13-2012; Ord. No. S2013-002, §§ 8, 11, 2-11-2013; Ord. No. S2013-007, § 1, 5-13-2013; Ord. No. S2013-015, §§ 3.7, 3.8, 7-22-2013; Ord. No. S2014-021, § 2, 11-24-2014; Ord. No. S2019-029, 1, 04/23/2019; Ord. No. S2019-030, 1, 04/23/2019; Ord. No. S2019-033, 1, 04/23/2019; Ord. No. S2019-034, 1, 04/23/2019; Ord. No. S2019-035, 1, 04/23/2019; Ord. No. S2019-036, 1, 04/23/2019; Ord. No. S2022-009, §§ 2-5, 05/23/2022; Ord. No. S2022-026, § 1, 09/26/2022; Ord. No. S2026-017, § 1, 05/26/2026)

Effective on: 5/26/2026

1. Purpose
   1. The purpose of this section is to recognize the valuable asset the City has in the trees planted by public entities over the years and to encourage the protection of trees along streets and on City grounds within the City limits, because they are a continuing asset to the sound development of the City.
   2. To accomplish this purpose, this section:
      1. Establishes standard procedures and practices for the treatment of trees on public property, when conditions require that they be pruned or removed, and of trees on private property, when City crews are required to correct or abate certain conditions set out in this section;
      2. Defines those situations in which trees growing on private property may constitute a public nuisance; and
      3. Encourages the planting of trees on public property in conformity with these standards.
   3. This section is not intended to be punitive or to cause hardship to any person who uses care and diligence to protect public trees.
2. Applicability
   This section pertains to all trees that exist on public lands and within public right-of-way.
3. Exemptions
   Installation and maintenance activities conducted by utility providers within utility easements, public lands, or public right-of-way shall be exempt from the standards in this section when in conflict with service and/or easement maintenance requirements.
4. Tree Board
   1. Creation and Establishment;
      There is hereby created and established a City Tree Board. The Joint Appearance Commission members appointed by City Council shall hereby be designated as the City's Tree Board.
   2. Duties and Responsibilities
      1. It shall be the responsibility of the Tree Board to assist in the study, development and preparation of a written plan for the care, replacement, maintenance, and removal or disposition of trees and shrubs in parks, along streets and in other public areas.
      2. The Tree Board, when requested by the City Council, shall consider, investigate, make findings, report and recommend upon any special matter or question coming within the scope of its work.
      3. The City Arborist shall be used as advisor when difficulties arise.
5. Public Tree Care
   1. The City Manager or PWC shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the right-of-way or bounds of all streets, alleys, lanes, squares, and public grounds, or any that extend into the right-of-way, if it endangers the safety of the public, or if it harbors disease or insects in order to preserve or enhance the beauty of such public places.
   2. Pruning of trees shall be in conformance with ANSI (American National Standards Institute) pruning standards as published by the International Society of Arboriculture (ISA).
   3. The City Manager or PWC may remove or cause to be removed by the appropriate agency/contractor, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements, or is seriously affected with any injurious insect or disease.
6. Permit Required
   No person shall plant or remove a street tree or other public tree without first obtaining a permit from the City Manager. An encroachment agreement may also be needed for NCDOT maintained roads. No permit shall be required by any public service or City employee during such work in the pursuit of their public service endeavors.
7. Tree Topping
   It shall be unlawful for any person, firm, or City department to top any street tree, park tree, or other tree on public property. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstruction where other pruning practices are impractical may be excepted from this section at the determination of the Tree Board.
8. Clearances over Streets and Walkways
   The City Manager or PWC may, in the interest of public health and safety, prune any tree that overhangs into any street or right-of-way within the City, so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of eight feet above the surface of the walkways, a clear space of 13½ feet above the surface of streets, and a clear space of at least 17 feet above highways. The City and the PWC will notify, in writing or in person, any property owner whose trees will be pruned, no later than 24 hours prior to pruning. Pruning of trees shall be to the standards set forth in by the City Arborist and this Article.
9. Abuse of Public Trees
   No person shall intentionally damage, cut, carve, transplant, or remove any tree, attach any rope, wire, nails, advertisements, posters, or other contrivance to any public tree, allow any gaseous liquid, or solid substance which is harmful to such trees to contact with them, or set fire or permit any fire to burn when such fire or the heat thereof will injure any portion of any public tree covered under this section.
10. Protection of Public Trees
    All public trees shall be protected during construction in accordance with the following.
    1. A tree on any street or other publicly owned property whose crown is within five feet of any excavation or construction of any building, structure, or street work, shall be guarded with a substantial fence, frame, or box. The construction tree guard shall be not less than four feet high and eight feet square, or at a distance in feet from the trunk equal to the diameter of the trunk at breast height (DBH) in inches, whichever is greater. All building material, dirt, or other debris shall be kept outside the construction tree guard.
    2. No person shall change natural drainage, excavate any ditches, tunnels, trenches, or lay any drive within a radius of ten feet from any public tree without first obtaining a written permit from the City Manager.
    3. Land-disturbing activities within five feet of a public tree shall incorporate protection for tree root areas in accordance with best practices accepted by the City Manager.
11. Dead or Diseased Trees
    The City may remove or cause to be removed any dead or diseased tree within the City limits that is declared by the City Arborist to be a public health nuisance pursuant to North Carolina General Statute Section 160A-193. The City will notify in writing the owner of such trees, and removal shall be in accordance with Section 30-8.E.4.b, Notice of Violation. If the owner does not abate the public health nuisance within a reasonable time,the City Manager may proceed without notice to abate the unlawful conduct and charge the actual cost of abatement, which shall be a lien upon the property in accordance with Section 160A-193.
12. Removal of Stumps
    All stumps of public trees within the public right-of-way shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground.
13. Interference with Tree Maintenance
    It shall be unlawful for any person to prevent, delay, or interfere with any of the City's representatives or agents, while engaging in and about the planting, cultivating, mulching, pruning, spraying, or removing of any tree within the community forest, as authorized by this section.
14. Permission and Insurance Required
    It shall be unlawful for any person or firm to engage in the business or occupation of pruning, treating, or removing any publicly-owned treet without first obtaining permission from the City. Permission shall not be required for any PWC, public service, or City employee. The person or firm shall first file evidence of possession of liability insurance in the minimum amounts of $1,000,000.00 for bodily injury or death, and $100,000.00 property damage indemnifying the City or any person injured or damaged resulting from the pursuit of such endeavors as described in this article.
15. Appeal
    The Zoning Commission shall have the right to review the conduct, acts, and decisions of the Tree Board. Any person may appeal within 30 days from any ruling or order of the Tree Board to the Zoning Commission who may hear the matter and make a final decision in accordance with Section 30-2.C.18, Appeal.
16. Enforcement of Violations
    The City Manager is hereby authorized to enforce the provisions of this section, and issue appropriate citations in accordance with Article 30-8: Enforcement.
17. Notice of Violation
    If any person shall violate the provisions of this section, it shall be the duty of the City Manager to give notice of violation to the property owner or to any person in possession of the subject property, in accordance with Article 30-8: Enforcement. The notice shall set forth that an unlawful condition exists thereupon, specify a reasonable time period within which the violation must be abated, and where if the same is not abated, that the owner will be subject to a civil penalty or other enforcement action.
18. Service of Notice
    The notice required by Section 30-8.E.4.b, Notice of Violation, shall be served upon the owner of the property either personally or by first class mail, followed by delivery confirmation if the first notice is returned within two weeks of the date of mailing. Any such notice may be served by any authorized representative of the Development Services Department or by any authorized police officer of the City.
19. Civil Penalty
    1. Civil penalties for violations of this Ordinance may be applied in accordance with Section 30-8.F, Remedies and Penalties.
    2. If, as the result of the violation of any provision of this Ordinance, the injury, mutilation or death of a tree, shrub or other plant located on public property is caused, the cost of repair or replacement, based on the appraised dollar value of such tree, shrub or other plant shall be borne by the party in violation. The value of trees and shrubs shall be determined in accordance with the latest revision of Guide for Plant Appraisal, as published by the International Society of Arboriculture.
20. Emergencies
    In case of emergencies, such as windstorms, ice storms, floods, hurricanes, major interruptions of utility service or other disasters, any requirement of this section, which would hamper private or public work to restore order to the City, shall be waived during the emergency work so as to prevent injury or damage to the public. Within a reasonable time after the emergency, the City Manager shall be notified of the location and nature of any emergency maintenance affecting public trees. This shall not be interpreted to be a general waiver of the intent of this section.

(Ord. No. S2012-016, § 4.0, 9-10-2012; Ord. No. S2015-018, § 1, 12-14-2015; Ord. No. S2019-013, 1, 04/23/2019)

Effective on: 12/14/2015

1. Purpose and Intent
   The purpose and intent of this section is to:
   1. Recognize the importance of the existing tree canopy and natural features such as native tree groves and stands of hardwood trees;
   2. Recognize the importance of existing trees to the visual and natural environments in the City; and
   3. Protect and retain significant tree masses and specimen trees during and after development;
   4. Establish the criteria for removal of a healthy specimen tree; and
   5. Set out the required mitigation for removal of a healthy specimen tree.
2. Applicability
   1. General
      All development in the City, except that exempted in accordance with Section 30-5.B.6.b.2, Exemptions (below), shall be required to protect trees in accordance with this section.
   2. Exemptions
      The following development shall be exempt from these standards:
      1. Land within the Downtown (DT) district;
      2. Existing single-family detached residential dwellings except for trees planted to fulfill the street tree requirements of Section 30-5.B.4.a; and
      3. Installation and maintenance activities conducted by utility providers within utility easements, public lands, or public right-of-way.
3. Review for Compliance
   Review for compliance with the standards of  this section shall occur as part of  an application for a Clear-Cutting Permit (Section 30-2.C.9), Site Plan (Section 30-2.C.5), Planned Development (Section 30-2.C.3), or Subdivision Plan (Section 30-2.C.6), as appropriate.
4. Tree Survey
   Generally a tree survey is only required to illustrate the location, species, caliper, and condition of existing trees on the development site which the developer is proposing to save and for which he/she shall receive landscaping or open space credit (see Section 30-5.B.7, Tree Preservation Incentives and Section 30-5.C.4, Bonuses and Incentives); however, a tree survey is required for the purposes of documenting any tree having a caliper of 30 inches or greater. This information is used by the city manager in determining the exact location and extent of the required tree protection zone.
5. Specimen Trees Defined; Provisions for Removal
   1. Specimen trees defined.
      Any healthy tree with a caliper measurement meeting or exceeding 30 inches shall be considered to be a specimen tree unless exempted under Section 30-5.B.7.a.2.
   2. Provisions for removal.
      Removal of specimen trees, while strongly discouraged, may sometimes be necessary due to the location of a tree or trees on a site or the size of the site. Applicants desiring to remove specimen tree(s) shall present compelling site design arguments for such removal, such as lot size, building placement, driveway and other vehicular use area layout, and similar considerations or constraints to justify removal. Applicants shall familiarize themselves with the incentives for preserving specimen trees in Section 30-5.C.4, Bonuses and Incentives. If justified by site design considerations or constraints and the incentives for preservation are deemed insufficient by the applicant, specimen trees may be removed upon payment of $50.00 per caliper inch of the removed tree(s) into the City's tree fund.
6. Champion  Big Trees
   No tree listed in the North Carolina Big Trees List, the American Forest Association's Champion Tree list or any tree that would measure 80 percent of the points of a tree on the North Carolina Big Trees List shall be pruned or removed without prior permission from the City Arborist.

(Ord. No. S2012-016, § 4.0, 9-10-2012; Ord. No. S2013-015, §§ 3.9—3.12, 7-22-2013; Ord. No. S2019-051, § 1, 09/23/2019)

Effective on: 11/18/2013

1. Tree Preservation Credits
   The preservation of specimen trees and other existing trees within the site and at the property perimeter is strongly encouraged. As an incentive to encourage the preservation of as many trees as practical on a development site, credit towards the minimum landscaping requirements may be applied to all existing trees in good health and condition which are retained as long as the intent and applicable standards of this section are fully met. Credits shall be granted in accordance with the following standards:
   1. Qualifying Attributes
      Preserved vegetation must be in good health and condition, and must be protected as described in Section 30-5.B.8, Tree Protection During Construction.
   2. Exempted Trees
      The following trees, regardless of their size, shall be exempted from the requirements in this section.
      1. Southern Yellow Pine (to exclude Longleaf Pine);
      2. Bradford Pear;
      3. Mulberry; and
      4. Silver Maple.

1. 3. Tree Death
      If a preserved tree dies within 24 months of the completion of the landscape project, it must be replaced with the total number of trees which were credited to the existing tree, and the size of the new tree must comply with the size requirements for new trees as established in this section.

2. Credit Toward Open Space
   If specimen trees or groves of three or more trees over four-inch caliper are preserved and protected during development of the site (beyond those credited toward landscaping requirements), credit may be applied toward the required open space acreage by calculating the area of the critical root zone circumference and multiplying that square footage by three, deriving a 300 percent credit. (See also Section 30-5.C.4, Bonuses and Incentives.)
3. Reduction in the Minimum  Number of Required Parking Spaces
   Up to a five percent reduction in the number of off-street parking spaces required on a development site shall be allowed if the reduction in the amount of required pavement will preserve the root zones of existing healthy specimen trees. The amount of reduction can be determined only after taking into consideration any unique site conditions and the impact of the reduction on parking needs for the use, and must be agreed upon by both the applicant and the City Manager. Alternative paving materials (see Section 30-5.A.8.i, Alternative Materials) may be required by the City Manager in cases where required parking areas encroach upon critical root zones.

(Ord. No. S2012-016, § 4.0, 9-10-2012; Ord. No. S2013-002, § 11, 2-11-2013; Ord. No. S2013-015, §§ 3.13—3.15, 7-22-2013; Ord. No. S2019-006, 1, 04/23/2019)

Effective on: 11/18/2013

1. a.
   Responsibility for Compliance
   No grading or other land-disturbing activity shall occur on a site with existing trees, until protective barriers are installed by the owner or his/her representative, except in cases where no trees are being preserved. All protective barriers must be maintained throughout site and building construction. Failure to comply with the standards in this section is a violation of this Ordinance, subject to the remedies and penalties in this section and Article 30-8: Enforcement.
2. b.
   Critical  Root Zone
   Critical to the tree's survival is protection of the critical root zone. The critical root zone is the minimum area beneath a tree that must be left undisturbed in order to preserve a sufficient root mass to give a tree a reasonable chance of survival. The critical root zone is generally 18 to 24 inches deep and typically represented by a concentric circle centering on the tree trunk with a radius of at least one foot for every inch of trunk diameter taken at four and one-half feet above grade (DBH). Approximately 50 percent of a tree's root system is in the top 12 inches of soil with 90—95 percent of the root system within the top three feet. For example, a ten-inch diameter tree requires a protective barrier with a minimum ten-foot radius. Proposed buildings shall not be located within ten feet of the critical root zone of any existing tree proposed to be preserved.

Figure  30-5.B.8.b:  Critical  Root  Zone and  Minimum Tree Protection Fencing

3. c.
   Tree Protection Fencing
   Without protection, trees will be damaged and killed by construction activity; however, such damage is not immediately evident. The protective fencing indicates the areas that are off limits to any land disturbing activity, and storage of equipment, building material, soil, and other debris.

   1. 1.
      When and Where Required
      All trees designated for preservation must be protected by barrier before demolition, grading, or any other land disturbing activity begins. Protective barriers shall be installed when the critical root zone of any trees to be preserved are within 50 feet of any proposed grading or construction activity.
   2. 2.
      Illustrated on Plans
      Tree protection areas based on the trees' critical root zones shall be noted and drawn to scale on demolition plans, grading and erosion control plans, and landscaping plans. Demolition plans shall include a detail of the tree barrier fencing to be erected and a note that site clearing is not to commence until tree protection barriers are in place and have been inspected by the City. Construction areas shall be located outside of tree protection areas, as noted by limit of construction barriers. Any proposed change of  grade within a required tree protection zone must be avoided, but when absolutely necessary, shall be clearly conveyed on the plans. Any anticipated disturbance to the tree protection zone must be approved prior to construction, otherwise the tree will not qualify as preserved and penalties will ensue. Additionally, all tree save areas must be described by metes and bounds on the recorded plat, individual recorded deeds, and all property association documents for land held in common.
   3. 3.
      Type of Fencing and Noticing
      All fencing required by this section shall be a minimum of four feet high, visible, and of durable construction with signage indicating "Keep Out." Protective barriers shall consist of either:

      1. a.
         A fence which is at least four feet high and constructed in a post and rail configuration, using two by four rails; or
      2. b.
         A fence with two by four posts placed a maximum distance of ten feet apart covered with four foot orange polyethylene laminar safety fencing.
   4. 4.
      Inspection
      All tree protection measures may be subject to inspection. Failure to have tree protection measures in place prior to the start of demolition and land clearing activity is a violation of this Article. Protective tree barriers shall be maintained until after the final site inspection.
4. d.
   Encroachments into Tree Protection Zones
   No credit will be allowed for any tree proposed to be retained, if there is any encroachment within the tree protection zone, except as noted herein. For the purpose of this section, an encroachment is defined as any change in the natural grade, construction of impervious surfaces, trenching or excavation, storage of equipment, chemicals, materials or earth and the temporary or permanent parking or circulation of vehicles or equipment. Encroachments into tree protection zones shall occur only when no other alternative exists. If such an encroachment is anticipated, a written request must be made to the City Manager for allowance of encroachment. Request must detail preventative measures to be taken.

   1. 1.
      Soil Compaction
      Where compaction might occur due to construction traffic or materials delivery through a tree protection zone, the area must first be mulched with a minimum four-inch layer of wood chips. Equipment or materials storage shall not be allowed within a tree save area.
   2. 2.
      Fill
      No fill shall be placed within a tree protection zone without appropriate horticultural measures to allow air and water to reach the roots.
   3. 3.
      Paving Limitations
      Construction of sidewalks or permeable parking or driveway access points may encroach into tree protection zones, so long as such areas are approved by the City Manager and the following conditions are met:

      1. a.
         No more than ten percent of the protected ground area (including any additional landscape planting area) may be covered by sidewalks, up to 20 percent of this area may be covered by permeable parking areas or driveway access points or a combination of sidewalks and permeable parking or driveway access areas;
      2. b.
         Sidewalks shall be raised to avoid root damage; private sidewalks may be constructed with asphalt if a concrete or brick sidewalk would damage the tree's roots; and
      3. c.
         Permeable paving shall provide water and gaseous exchange to the tree roots, and the existing grade shall not be lowered or raised, except that the finished paved surface may be an average of six inches above the existing grade.

(Ord. No. S2012-016, § 4.0, 9-10-2012)

Effective on: 11/18/2013

The purpose of this section is to:

1. Establish the standards under which residential, nonresidential, and mixed-use development shall dedicate a portion of the development area as open space;
2. Describe the procedure for determining the composition of open space dedication. Innovative combinations of land dedication and actual development of public recreation facilities may be proposed for consideration; and
3. Set out the minimum ownership and maintenance standards for open space dedication.

(Ord. No. S2012-017, § 5.2, 9-10-2012; Ord. No. S2013-015, § 4.2, 7-22-2013)

Effective on: 11/18/2013

1. The provisions of this section shall apply to development of all land in the City subject to a Subdivision Plan (Section 30-2.C.6), Planned Development (Section 30-2.C.3), Site Plan (Section 30-2.C.5), or Building Permit (Section [@@9372]), as appropriate except that conservation subdivisions are exempt from these open space standards, but remain subject to the conservation area standards of Section 30-6.D, Conservation Subdivisions. Additionally, development in the Downtown (DT) district and new residential development of three or fewer dwelling units shall be exempt from these standards. The term development shall include redevelopment sites subject to the provisions in Article 30-7, Nonconformities.
2. All development in the City subject to these standards shall provide open space dedication in accordance with Table 30-5.C.3, Required Open Space Dedication.
3. The exact composition of the open space dedication will vary from site to site based upon the proposed use and context of the parcel.

(Ord. No. S2012-017, § 5.3, 9-10-2012; Ord. No. S2013-015, § 4.3, 7-22-2013)

*Editor’s note—Ord. No. S2012-017, § 5.1, adopted September 10, 2012, amended the title of Section C to read as herein set out. Prior to inclusion of said ordinance, Section C was titled, "Open Space Set-Asides." See also the Code Comparative Table.

Effective on: 11/18/2013

All areas proposed for dedication as open space shall meet the following standards:

1. a.
   Amount of Open Space Required
   Development shall provide at least the minimum amounts of open space identified in Table 30-5.C.3, Required Open Space Dedication, below:

(Ord. S2013-023, 10/28/2013)

2. b.
   Nature of Open Space to be Dedicated

   1. 1.
      Trees Required
      Open space areas shall be planted with a minimum of 24 trees per acre unless otherwise specified or as approved by city manager (exceptions may include sports fields, areas with urban amenities, etc.) Composition of the Open Space may include a variety of features and facilities as described below:
   2. 2.
      Usability of Dedicated Land
      At least 50 percent of the dedicated land is to be usable for active or passive recreational facilities and shall be planned and improved with those facilities which support such use. Development plans shall include details of these facilities.
      
      Facilities may include, but are not limited to, tennis courts, swimming pools, clubhouses, athletic fields, basketball courts, play grounds, open play areas, community gardens, roof gardens, green roofs, sidewalks, multi-use trails, picnic facilities, and urban amenities such as plazas and fountains. If in question, the usability of the dedicated land shall be at the determination of the city manager.

Figure 30-5.C.3.b.2: Open Space Configuration

Wherever possible, open space dedications should continue or expand existing open space resources.

1.   
   3. 3.
      Size and Location

      1. a.
         The open space dedication should generally be concentrated in a single tract of land that encompasses the open space and its associated improvement, if any, regardless of whether the development is occurring in phases or sections. Exceptions may be provided at the discretion of the city manager based upon a determination that multiple or smaller tracts better serve the development or the interests of the City.
      2. b.
         Residential open space should generally be centrally located and within ¼ mile of 80 percent of the lots or units. The city manager may require that trail easements or open space be dedicated on the periphery of the development in order to allow enlargement of future trail facilities or public parks when deemed to be in the best interest of the City's current and/or long-range parks and recreation plans (see Figure 30-5.C.3.b.2, Open Space Configuration).

1.   
   4. 4.
      Access
      Access shall be free, easy, and convenient to and from the open space area.

      1. a.

         In residential areas, the access shall be provided by means of streets and sidewalks, walkways, or trail, with access right-of-way being a minimum width of 20 feet shown on the Site Plan or Subdivision Plan.

      2. b.

         All publicly dedicated open space areas shall have access by way of a public street. Dedicated areas that do not have frontage on a public street but are adjacent to existing or proposed public open space with access are exempt from this requirement, but may be required to provide pedestrian/bicycle access from the adjacent neighborhood.

   5. 5.

      Conservation Features

      Figure 30-5.C.3.b.7: Stormwater Amenities

      Stormwater management devices configured as a site amenity may be credited towards open space requirements.

      Conservation features such as the following may be counted toward the open space requirement:

      1. a.
         The 100-year floodplain;
      2. b.
         Wetlands under the jurisdiction of the Army Corps of Engineers or the State of North Carolina;
      3. c.

         Non-jurisdictional wetlands not under the jurisdiction of the Army Corps of Engineers or the State of North Carolina;

      4. d.

         Wildlife corridors or habitat utilized by endangered or threatened species;

      5. e.

         Tree protection zones associated with the preservation of significant trees;

      6. f.

         Natural fields and meadows;

      7. g.
         Prime agricultural lands that remain in agricultural use;
      8. h.
         Scenic corridors and views;
      9. i.
         Historic, archeological, and cultural resources; and/or
      10. j.
          Areas that could serve to extend existing public facilities, such as greenways, trails, parks or recreation areas.
   6. 6.
      Open Water Areas
      No more than 50 percent of the total open space dedication may be comprised of open water (lakes, natural ponds, streams, rivers, etc.).
   7. 7.
      Stormwater Management Devices

      1. a.
         Up to 100 percent of land area occupied by stormwater management devices (including retention ponds, fully vegetated detention basins, and other bio-retention devices, but not pervious pavement or underground storage devices) may be counted toward the total open space dedication requirement in accordance with Section 30-5.C.4, Bonuses and Incentives.
      2. b.
         A living green roof may be installed and maintained to satisfy all or a portion of the open space dedication. The owner may be required to submit an annual inspection and maintenance report as outlined in the City's landscaping guidelines.

3. c.
   Not Counted as Open Space
   The following areas shall not be counted as open space dedication:

   1. 1.
      Remnants of land having no significance to the design of the site;
   2. 2.
      Private yards not subject to an open space or conservation easement;
   3. 3.

      Public street rights-of-way or private street easements, including sidewalks located within those rights-of-way or easements. Exceptions may be provided at the discretion of the city manager for rights-of-way accommodating multi-use trails;

   4. 4.
      Parking areas and driveways;
   5. 5.

      Land covered by structures not designated for recreational use; and

   6. 6.
      Designated outdoor storage areas.
4. d.
   Provision in Multi-Phase Developments
   Multi-phase development shall preserve open space in phases, so that the first phase of development does not contain 100 percent of the open space acreage allotted for the entire development, but does contain, at a minimum, its pro rata share of the total acreage. One hundred percent may be provided in the initial phase if the open space is central to the overall Site Plan and configured such that all phases will have reasonable access to the open space facilities.
5. e.
   Maintenance of Open Space Dedicated Areas
   The owner of the land shall be responsible for maintenance of all open space dedicated areas. Failure to maintain open space areas or other community facilities in accordance with the approved Final Plat (Section 30-2.C.6.e) or Site Plan (Section 30-2.C.5) shall be a violation of this Ordinance subject to the remedies and penalties in Article 30-8: Enforcement.

(Ord. No. S2012-007, § 4, 4-23-2012; Ord. No. S2012-017, § 5.4, 9-10-2012; Ord. No. S2012-024, § 15, 11-13-2012; Ord. No. S2013-015, § 4.4, 7-22-2013; Ord. No. S2019-058, § 1, 11/25/2019; Ord. No. S2019-059, §§ 1, 2, 11/25/2019)

Effective on: 11/18/2013

The amount of land required to be designated for open space dedication may be reduced by use of any of the following bonuses and incentives:

1. Saving specimen trees - 300 percent bonus for critical root zone circumference.
2. Saving groves of three or more existing trees over four-inch in caliper - up to 300 percent bonus for critical root zone circumference depending on tree form and health.
3. Stormwater BMPs count 100 percent if designed as amenity and include trees around pond; minimum tree planting is 36 trees per acre and 3:1 maximum slope.
4. Stormwater BMPs count 50 percent if designed as amenity or planted with trees around pond; minimum tree planting is 36 trees per acre and 3:1 maximum slope.
5. Undisturbed uplands adjacent to streams and wetlands count 200 percent if a minimum of 30 feet in width; such areas shall be augmented as necessary to a minimum of 36 trees per acre.
6. Required property perimeter buffer areas count 100 percent if 30 feet or more in width.
7. Open space developed with urban amenities count 200 percent; NOTE: For the purpose of this section, "urban amenities" are pedestrian-oriented site features such as sidewalk cafes, outdoor waiting areas, courtyards, plazas, etc.
8. Fifty percent reduction in open space on nonresidential or mixed-use developments with the primary building (with floor area ratio greater than 0.15) located proximate to the street or corner right-of-way and when parking located to side or rear.
9. If public parks or public recreational facilities are constructed consistent with a plan acceptable to the City within the development, the open space acreage may be reduced in proportion to the value of the improvements made by the applicant, as determined by the city manager.
10. If the land proposed for designation as open space adjoins or is otherwise immediately accessible and connected to public open space, the acreage may be reduced by up to a maximum of 25 percent of the total.
11. If substantial active recreational facilities (e.g., a pool and clubhouse) are provided to serve the residents of the development, the open space acreage may be reduced in proportion to the value of the improvements made by the applicant up to a maximum of 50 percent of the total required acreage as determined by the city manager.

(Ord. No. S2012-017, § 5.5, 9-10-2012; Ord. No. S2013-015, § 4.5, 7-22-2013; Ord. No. S2021-037, §§ 1, 2, 10/25/2021)

Effective on: 11/18/2013

A density bonus over and above the density otherwise allowed may be approved by the City Manager provided that the petitioner increase the percentage of the total project area to be dedicated to common open space. This bonus may be granted only if specifically requested by the petitioner. Any such bonus shall consist of a one percent increase in allowable density for every one percent of land area devoted to common open space in addition to the ten percent required herein. The increase in density shall be achieved through administrative adjustment to lot area and lot width to allow clustering. In no event shall the bonus exceed 20 percent of the otherwise allowable density.

(Ord. No. S2012-017, § 5.5, 9-10-2012)

Effective on: 11/18/2013

The city manager shall review all proposals concerning open space dedication with consideration given for relevant park plans adopted by the City and shall decide whether a payment-in-lieu of dedication or whether one of the following ownership options for dedicated acreage is acceptable:

1. Ownership Options
   The open space dedication shall be clearly conveyed on the Site Plan, or the Final Plat, through recorded easement or separate tract, as appropriate.
   1. Retained on Private Lots
      All required open space dedicated areas to be retained under private ownership on an individual building lot shall be maintained through the use of a recorded easement prohibiting future development of the open space except in accordance with this section. Exceptions may be provided at the discretion of the city manager, depending upon the type and acreage of the designated open space.
      Such open space dedication shall be clearly marked on the Site Plan, or the Subdivision Plan and Final Plat, as appropriate. Exceptions may be provided at the discretion of the city manager based upon a determination that multiple or smaller tracts better serve the development or the interests of the City.
   2. Homeowners or Property  Owners Association
      Developments having over 20 lots, shall designate open space dedicated areas as a separate tract on the Subdivision Plan and Final Recorded Plat, to be held in joint or common ownership, through a recognized homeowners or property owners association, established in accordance with the following:
      1. The landowner shall submit documents for the creation of the homeowners or property owners association to the City for review and approval, including the association's bylaws, all documents governing ownership, maintenance, and use restrictions for the open space dedication, and a legal description of open space dedication areas.
      2. The landowner shall agree that the association shall be established by the landowner or applicant and shall be operating (with financial subsidization by the owner or applicant, if necessary) before issuance of the first Building Permit.
      3. Membership in the association shall be automatic (mandatory) for all purchasers of land, dwelling units, or structures in the development, and their successors in title.
      4. The association shall be responsible for liability insurance and local taxes on common open space owned by it. Any fees levied by the association that remain unpaid will become a lien on the individual property in accordance with procedures established under the dedication or organization document. The covenants and easements shall also prohibit future development of any common open space, for other than open space or recreational purposes, and shall provide for continued maintenance of any common open space and recreational facilities.
   3. Nonprofit Organization
      The landowners may convey open space to a nonprofit organization such as a land trust or land conservancy for management and maintenance if the City is provided adequate assurance the dedication will be properly managed and maintained.
   4. Public Dedication  and Conveyance
      The landowners may convey open space dedication to the City for public use, maintenance and management. This option requires the consent of  the city manager to accept the open space area for public use.
2. Timing
   The process to dedicate open space acreage or pay a fee-in-lieu for a portion of the open space requirements must be completed prior to the issuance of the Final Site Plan or Subdivision Plan approval. All open space improvements and facilities must be completed no later than the date on which certificates of occupancy are issued for the first 50 percent of the total number of dwelling units to be constructed within the project area.
3. Voluntary Payment-In-Lieu
   1. Procedure for Approval
      1. The payment of such fees in-lieu shall be reviewed and approved as part of the Site Plan (Section 30-2.C.5), or Final Plat (Section 30-2.C.6.e), as appropriate. Any developer desiring to make such in-lieu fee payment shall attach a formal written request to the city manager.
      2. Upon receipt of the application, the city manager shall review the request and decide if it is in the best interest of the community to require dedication of open space or accept a payment-inlieu based on the standards in Section 30-5.C.3, Open Space Standards.
      3. Appeals of the decision of the city manager or the Technical Review Committee on the provision of open space dedication shall be decided by the City Council in accordance with Section 30-2.C.18, Appeal.
   2. Amount  of Payment
      1. The payment-in-lieu shall be calculated based upon the square footage of land required for dedication, consistent with the requirements of Table 30-5.C.3, Required Open Space Dedication. The land value factor contained in the fee schedule adopted annually by the City Council will be applied to the land area required for dedication to arrive at the payment-in-lieu amount.
      2. For developments and subdivisions containing more than 20 residential units, the payment-in-lieu option may only be used for up to 50 percent of the open space requirements in order to ensure that these larger projects provide on-site open space for their residents.
   3. Use of Funds
      Funds collected shall be maintained in a separate account and shall be used only for the acquisition or development of open space, greenway, trails, park, and recreation areas and/or to implement features of the Parks and Recreation Master Plan of the City of Fayetteville. Where practical, the collected fees for each project shall be designated for specific parks and recreation acquisitions and/or enhancements by the City Manager.

(Ord. No. S2012-017, § 5.6, 9-10-2012; Ord. No. S2013-015, § 4.6, 7-22-2013)

Note—Formerly § 30-5.C.3.f.

Effective on: 11/18/2013

The purpose and intent of this section is to regulate the location, height, and appearance of fences and walls to maintain visual harmony within neighborhoods and throughout the City, protect adjacent properties from the indiscriminate placement and unsightliness of fences and walls, and ensure the safety, security, and privacy of properties.

Effective on: 11/18/2013

1. The provisions of this section shall apply to all construction, substantial reconstruction, or replacement of  fences  or walls  not  required  for support of  a  principal  or accessory structure, or any other linear barrier intended to delineate different portions  of a lot; however, garden walls as described in Section 30-5.B.4.c.5.d are exempt from these requirements.
2. Temporary fences for construction sites  or a similar purpose are  exempted from these standards, but shall comply with the requirements of the State Building Code adopted by the City, and the standards of Section  30-4.E,  Temporary Use Standards.
3. Bona fide farming and related agricultural uses for properties within the State’s present-use program must meet the standards of Section 30-5.D along any property line or public right of way but are allowed barbed wire and electric fencing typical of farm operations, up to five feet in height, when such fencing is placed inside a perimeter fence.
4. In  the  event   of  any  inconsistency between  the  provisions  of  this  section and  any screening standard in Section  30-5.B.4.e, Screening, the screening standards shall govern.

(Ord. No. S2012-016, § 12.0, 9-10-2012; Ord. No. S2014-004, § 8, 1-13-2014; Ord. No. S2014-021, § 1a, 11-24-2014.)

Effective on: 11/18/2013

1. a.
   General

   1. 1.
      Fences or walls shall be located outside of the public right-of-way, and  may not exceed 30 inches in height if located within a required  sight triangle.
   2. 2.
      Fences and walls are permitted on the property line between two or more parcels of land held in private ownership.
   3. 3.
      Fences and walls may be located within any required  yard.
2. b.
   In Easements or Around Fire Protection Facilities
   Fences which cannot easily be removed, or that prevent access, shall be prohibited within utility easements or around fire protection facilities, and the City shall not be responsible for damage to, or the repair  or replacement of, fences that must  be removed to access such   easements or  facilities.  Any  fencing  shall  also  meet   the  minimum  separation distance required  by the current  adopted version  of the North Carolina  Fire Code.
3. c.
   Blocking Natural Drainage Flow
   No fence or wall shall be installed so as to block or divert a natural  drainage flow on to or off  of  any  other  land  unless subject to  an  approved stormwater management  plan. Nothing in this section shall be construed to prevent the installation of temporary fencing to protect  existing trees, limit sedimentation, or control erosion.
4. d.
   Within  Buffers

   1. 1.
      Fences and walls shall be installed  so as not to disturb or damage existing vegetation or plant material installed to meet the requirements of this code,  to the maximum extent  practicable. If removed, plant material installed to meet the requirements of this Code shall be replaced.  The perimeter fencing or wall for a single  development shall be of a uniform style that complies with the standards of this section.
   2. 2.
      Fences or walls used to meet buffer requirements and placed so that the required plant material is interior to the fences or walls shall be solid with a minimum of three horizontal elements and two vertical elements if made of wood or a minimum of two vertical and horizontal elements if of masonry construction.  Alternately, a professionally installed “green wall” may be used provided the vegetation is placed to allow maintenance and full wall coverage by the vegetation is achieved within 24 months after installation (also see Section 30-5.B.4.c.5.d Garden Walls).  Figure 30-5.D.3.d shows examples of these fences and walls.  Chain link with slats or screens, shadow box or other partially open fences are not allowed.

Figure 30-5.D.3.d:  Examples of Detailing Required for Perimeter Buffer Fences

5. e.
   Around Gated Communities
   Fencing or walls inconsistent with the standards herein necessary to establish a gated single-family community may only be permitted subject to a Special Use Permit  (see Section  30-2.C.7).
6. f.
   [RESERVED FOR FUTURE USE]
7. g.
   Fences Around Swimming Pools
   All fences/walls/barriers for in-ground and above-ground swimming pools shall be in accordance with the requirements of the State Building Code.

(Ord. No. S2014-021, § 1b, 11-24-2014; Ord. No. S2019-004, 1, 04/23/2019)

Effective on: 11/24/2014

1. a.
   General
   Fences and walls shall meet the standards in Table 30-5.D.4, Maximum Fence and Wall Height and Minimum Setback, except as provided in Section 30-5.D.5 Exemptions:

2. b.
   Exemption for Safety
   Major utilities, wireless  communication towers, government facilities,  non-residential uses located within the Light Industrial (LI) & Heavy Industrial (HI) Districts, and  other  public safety uses shall be allowed to increase maximum fence heights to eight feet in front, side, and rear yards,  unless further increased through an approved Security Plan (see Section 30-5.D.5  Exemptions).

(Ord. No. S2012-016, § 5.1, 9-10-2012; Ord. No. S2013-002, § 3, 2-11-2013; Ord. No. S2014-021, § 1c, 11-24-2014; Ord. S2015-008, § 2, 8-10-2015; Ord. No. S2019-019, 1, 04/23/2019; Ord. No. S2020-009, § 1, 09/28/2020; Ord. No. S2026-021, § 1, 06/22/2026)

Effective on: 6/22/2026

1. a.
   Security Plan:
   An owner or tenant or a representative of an agency responsible to or for a government facility, park  and  open  area, public safety,  or other  use  where  sensitive, dangerous, or military-related  activities take place  may submit a site Security  Plan to the City for consideration. A Security Plan may propose fences or walls taller than those permitted by this subsection, the use of barbed or concertina wire atop a fence or wall, or "K-4" fencing. The  City Manager shall  approve or approve with conditions, the  Security  Plan  and  its proposed exemption of fences or walls from the standards of this subsection, upon finding that:

   1. 1.
      The condition,  location,  or use  of the land, or the history of activity in the area, indicates the land or any materials stored or used on it are in significantly greater danger of  theft  or damage than  surrounding land,  or represent a  significant hazard to public safety  without a taller fence or the use  of barbed or concertina wire atop a fence or wall; and
   2. 2.
      The proposed taller fences or wall or use  of barbed or concertina wire will not have  a  significant  adverse effect  on  the  security,  functioning,  appearance,  or value of adjacent lands  or the surrounding area as a whole.
2. b.
   Monitored Electrified Fences:
   The construction and use  of monitored  electrified fences shall be permitted in the LI and HI industrial  districts  and  may  be  approved through  a  Special Use  Permit  for electric security  around permitted outdoor  storage or warehouse-type activity in the CC district provided  the following standards are met:

   1. 1.
      Electrification
      The energizer for electric fences must be driven by a commercial storage battery not to exceed 12 V DC. Additionally, the electric  charge produced by the fence upon contact shall not exceed the energizer characteristics set forth in paragraph 22.108  and  depicted in Figure  102 of the International Electro  Technical  Commission  (IEC) Standard No. 60335-2-76.
   2. 2.
      Perimeter fence or wall
      No electric fence shall be installed or used unless it is completely surrounded by a nonelectrical fence or wall that is not less than six feet in height. When wrought iron or similar open-style metal fence is utilized, nonelectrified fencing in the front yard setback may be increased to six feet in height when installed in conjunction with an approved electrified fence. Otherwise, the nonelectrical fence or wall shall not exceed the maximum height allowed in the underlying zoning district. In no case shall the electrical fence be taller than two feet higher than the nonelectrical fence.
   3. 3.
      Location
      Electric  fences  shall  be  restricted in location  to the  same areas where other fences are  allowed  in the  underlying zoning district.
   4. 4.
      Warning signs
      Electric fences shall be clearly identified with warning  signs  that are  spaced 60 feet apart.  Such  signs  shall not exceed one square foot in area.
   5. 5.
      Accessibility
      If required  by the Fire Department, a Knox box shall be required  and installed to support emergency access to properties contained within electric fences.
   6. 6.
      Monitoring
      Electric fences shall be equipped with a monitoring alarm system activated simultaneously with the electrification  of the fence.
   7. 7.
      Hold harmless/indemnification agreement
      The owner of the electric fence and/or  the owner of the property  on which such fence is located shall provide the City with a hold harmless/indemnification agreement in a form satisfactory to the City Attorney prior to installation  of the electric fence.
   8. 8.
      When  allowed as a Special Use  in the CC district, a monitored  electrified fence shall be limited to enclosing permitted outdoor  storage areas or warehouse type uses or upon determination of site-specific characteristics, such  as compatibility with adjacent uses, preponderance of criminal activity, site design issues such as isolated location  or easy access to building entry,  or criminally-targeted uses involving indoor  storage of  chemicals, pharmaceuticals, and  similar materials that require  the specialized protection of an electric fence. All other standards in this section shall be met.

(Ord. No. S2012-023, § 1, 10-8-2012; Ord. No. S2023-012, §§ 1, 2, 03/23/2023)

Effective on: 11/18/2013

Fences or walls forming a perimeter around multiple buildings in a development and located within 15 feet of a street or public right-of-way shall:

1. a.
   Be of a uniform style;
2. b.
   Be  constructed of  brick,  stone, concrete, covered with stucco or similar  finish,  vinyl, vertical wooden board,  wrought iron, aluminum,  or other customary material;
3. c.
   Be located at least  ten feet outside the public right-of-way;
4. d.
   Include breaks, offsets,  access points, decorative columns, or other design details  in the wall plane  at least  every  100  feet  as illustrated  in Figure  30-5.D.6,  Required Fencing Offsets;  and
5. e.
   Comply with the requirements of Section  30-5.B.4.e, Screening.

Figure 30-5.D.6: Required Fencing Offsets

Off-sets and other features help enhance the appearance of fences or walls adjacent to public streets.

(Ord. No. S2012-016, § 12.0, 9-10-2012; Ord. No. S2014-021, § 1d, 11-24-2014)

Effective on: 11/18/2013

Fences and walls shall not exceed a maximum height of 30 inches when located within required sight triangles or areas needed for visibility.

Effective on: 11/18/2013

1. Barbed Wire, Concertina Wire, and Aboveground Electrified Fences
   In all zoning districts, fences using barbed or concertina wire and aboveground electrified fences shall be prohibited unless allowed consistent with standards in Section 30-5.D.5 or through  an  approved Security  Plan  (see Section  30-5.D.5,  Exemptions). Underground electric fences designed for control of domestic animals are allowed.
2. Debris, Junk, Rolled Plastic, Sheet Metal,  Plywood, or Other Waste Materials
   Fences or walls  made of  debris,  junk, rolled  plastic,  sheet metal,  plywood,  or waste materials are  prohibited  in all zoning  districts unless such  materials have  been recycled and  reprocessed, for marketing to the general public, as building materials designed to resemble new  building materials (e.g.,  picket  fencing  made from recycled plastic  and fiber).

(Ord. No. S2012-023, § 2, 10-8-2012)

Effective on: 11/18/2013

1. a.
   Customary Materials
   Fences and walls shall be constructed of any combination of treated wood posts and planks, rot-resistant wood (such as cypress or redwood), wrought iron, decorative metal materials, chain link, brick, stone, masonry materials, or products designed to resemble these materials. Where wood, masonry, or other opaque materials are specified for particular types of screening or buffering fences or walls, all other fence materials are prohibited.
2. b.
   Finished Side to Outside
   Wherever a fence or wall is installed, if one side of the fence or wall appears more "finished" than the other (e.g., one side has visible support framing and the other does not), then the more "finished" side of the fence shall face the perimeter of the lot rather than the interior of the lot.  Where practical difficulties exist with regard to future maintenance of the fence and/or aesthetic issues are minimal, such as when a fence on one property is installed in close proximity to an existing fence on another property or if the fence being installed is a significant distance away from any adjoining property or properties, the city manager may waive or modify this requirement and may impose conditions for such waiver or modification.

   Figure 30-5.D.9.b: Fence Appearance

   In cases where a fence is visible from a public street, supports or internal bracing should face the interior of the site.

3. c.
   Compatibility of Materials along a Single Lot Side
   All fencing or wall segments located along a single lot side shall be composed of a uniform style and colors compatible with other parts of the fence and with the associated buildings.
4. d.
   Landscape Screening

   1. 1.
      As a means of softening the appearance of fencing and walls visible from public streets, all fences and walls exceeding four feet in height, if located within 15 feet of a public right-of-way, shall be supplemented with landscape screening in accordance with the following standards.

      1. a.
         Landscaping Required

         1. 1.
            Landscaping consistent with the 10 foot street yard depth standards noted in Table 30-5.B.4.c.5, Street Yard Buffer Requirements, shall be installed between the fence or wall and the public right-of-way. 
         2. 2.
            Where fences are installed that are less than 25 percent opaque above 48 inches, the required trees may be reduced by one-half.
         3. 3.
            Exemption:  For single-family and two- to four-family dwellings, front yard fences of any length and corner side yard fences less than 100 feet in length that otherwise meet the other requirements contained in this Section 30-5.D are exempt from this landscaping requirement.  If longer than 100 feet, fences must be landscaped or use the detailing required for buffer fences on the outside.
      2. b.
         Substitution of Understory Trees
         One understory or ornamental tree may be substituted for every three evergreen shrubs provided that the tree meets the size standards of Section 30-5.B.3.e, Planting Standards.
      3. c.
         Integration with Other Required Landscaping
         Required landscape screening for fences or walls may be integrated into the landscaping required for vehicular use area screening or perimeter buffers, provided the standards in each section are maintained.
      4. d.
         Setback from Right-of-Way
         Fences and walls subject to the standards of this subsection shall be located no closer than five feet from the edge of the public right-of-way to ensure adequate room for required landscape screening.
   2. 2.
      Fences and walls located along interior side lot lines shall be exempt from these landscape screening requirements.
5. e.
   Maintenance Required
   All fences and walls and associated landscaping shall be maintained in good repair and in a safe and attractive condition, including but not limited to, the replacement of missing, decayed, or broken structural and decorative elements. All fences and walls shall receive regular structural maintenance to prevent and address sagging and weathering of surfaces visible from the public right-of-way. Any deteriorated, damaged, or decayed fence materials shall be promptly repaired, and any fence or wall post or section that leans more than ten degrees from vertical shall be promptly repaired to correct that condition.

(Ord. No. S2012-016, § 5.2, 9-10-2012; Ord. No. S2012-025, § 16, 11-13-2012; Ord. No. S2014-021, § 1e-1f, 11-24-2014)

Effective on: 11/18/2013

Retaining walls in excess of eight feet in height shall be faced with natural or artificial stone, brick, form-liner art or patterns, or vegetation in order to avoid a stark appearance. Foreground landscaping or attached vegetative screening of retaining walls or retaining wall sections over six feet in height and closer than 35 feet to a public or private street shall also be required in accordance with the following standards. Foreground landscaping or attached vegetative screening in accordance with the following standards shall also be required for any retaining walls or retaining wall sections over 12 feet in height regardless of location relative to a public or private street. Attached vegetative screening shall consist of stainless steel or other approved vine supports structurally integrated into the wall to support vine planting from the approved species list for such applications. Foreground landscaping or attached vegetative screening may be considered part of any required buffer, as applicable. Retaining walls 12 feet or less in height shall be exempted from the foreground landscaping or attached vegetative screening requirements if faced with natural or artificial stone.

Figure 30-5.D.10: Example of Vegetative Screening

Terracing of retaining walls is allowed and encouraged, provided that no single retaining wall shall exceed 20 feet in height and each successive wall shall be set back at least five feet from the face of the lower wall. The application of foreground landscaping or attached vegetative screening shall be based on the cumulative height of the terraced walls except that a one level reduction in required landscaping from the following table shall be allowed.

(Ord. No. S2014-021, §1g, 11-24-2014.)

Effective on: 11/24/2014

Nonconforming fences and walls existing on November 1, 2014 may be maintained in accordance with subsection 30-5.D.9.e. above.   Such nonconforming fences and walls, if damaged or destroyed beyond fifty percent (50%) of their value, shall be brought into compliance with the provisions of this Section unless, in the determination of the city manager, the affected property owner(s) would be inequitably affected, such as damage to a portion of a fence or wall erected along the edge of several lots where compliance with height, setback, design or landscaping standards would subject the owner(s) to significant impacts not shared by similarly-situated or neighboring properties, such as loss of usable lot area.

Effective on: 11/24/2014

The purpose of this section is to regulate light trespass to ensure the safety of motorists and pedestrians, to minimize any health and environmental impacts from high levels of artificial light at night, and to ensure lighting does not adversely affect land uses on adjacent properties or uses dependent upon dark skies. More specifically, this section is intended to:

1. Regulate lighting to assure that excessive light spillage and glare are not directed at adjacent properties, neighboring areas, and motorists;
2. Ensure that all site lighting is designed and installed to maintain adequate lighting levels on site while limiting negative lighting impacts on adjacent lands and upward reflection or visibility that reduces dark sky conditions; and
3. Provide security for persons and land.

Effective on: 11/18/2013

1. General
   The provisions of this section shall apply to all development in the City unless exempted in accordance with Section 30-5.E.3, Exemptions.
2. Time of Compliance
   A lighting  plan  shall  be  submitted with an  application   for  a  Site  Plan  (see  Section 30-2.C.5),  Subdivision Plan  (see Section   30-2.C.6.d), Building  Permit  (see  Section [@@9372]), or Temporary Permit (see Section  30-2.C.10), as appropriate.

Effective on: 11/18/2013

The following is exempted from the exterior lighting standards of this section:

1. Existing athletic field lighting (but shall comply with Section 30-5.E.8);
2. City-owned, -operated, or -maintained street lights located within a street right-of-way or other easement granted to the City; and
3. Lighting and fixtures approved as part of a Certificate of Appropriateness (see Section 30-2.C.8).

Effective on: 11/18/2013

1. Hours of Illumination
   Public and institutional uses, commercial uses, and industrial uses (see Table 30-4.A, Use Table) that are  adjacent to existing residential development or vacant land in residential districts shall turn off all exterior lighting—except lighting necessary for security  or emergency purposes—by 10:00 p.m. or within one hour of closing, whichever occurs first. For the purposes of this subsection, lighting "necessary for security or emergency purposes" shall be construed to mean the minimum amount  of exterior lighting necessary to  illuminate  possible points of entry or exit into a  structure, to  illuminate  exterior walkways,  or to illuminate  outdoor  storage areas. Such  lighting may  be  activated by motion sensor devices.
2. Illumination Direction
   In all districts, lighting shall be directed downward. In addition, upwardly-directed  lighting shall  not  be  used to illuminate  structures, except for lighting for the  American  flag or low-wattage architectural lighting approved during Site Plan review.

Effective on: 11/18/2013

All exterior lighting shall meet the following standards:

1. a.
   Maximum Lighting Height

   1. 1.
      Except for athletic fields or performance areas, the height of outdoor lighting, whether mounted on poles, walls, or by other means, shall be no greater than 20 feet in residential districts and OI, NC, MU, and DT districts, and no greater than 30 feet in UC, MAC, LC, CC, BP and industrial districts.
   2. 2.
      Wherever possible, illumination of outdoor seating areas, building entrances, and walkways shall be accomplished by use of ground mounted fixtures not more than eight feet in height.
2. b.
   Shielding

   1. 1.
      Exterior
      Light fixtures in excess of 40 watts or 600 lumens shall use full cut-off lenses or hoods to prevent glare or spillover from the project site onto adjacent lands and streets.
   2. 2.
      Canopies
      No light source in a canopy structure shall extend downward further than the lowest edge of the canopy ceiling.
   3. 3.
      Awnings
      Awnings or canopies used for building accents over doors, windows, etc., shall not be internally illuminated (i.e., from underneath or behind the awning) unless the awning material is entirely opaque (see Figure 30-5.E.5.b, Awning Illumination).

Figure 30-5.E.5.b.3: Awning Illumination

Awnings may not be internally illuminated, unless the awning material is entirely opaque.

3. c.
   Maximum Illumination Levels
   All outdoor lighting and indoor lighting visible from outside shall be designed and located so that the maximum illumination measured in foot-candles at ground level at a property line shall not exceed the standards in Table 30-5.E.5, Maximum Illumination Levels. Cut-off lighting shall be designed to direct light downward (e.g., shoe box style).

Figure 30-5.E.5.c: Maximum Illumination Levels

Exterior lighting should be configured to avoid significant light trespass on adjacent lands.

4. d.
   Coordination with Tree  Locations
   Site lighting must be designed to consider proposed tree locations. The location and size of parking lot islands is based on requirements in Section  30-5.B.4.c, Vehicular Use Area Landscaping. Site lighting must be located no closer than 15 feet from the trunk of a canopy tree and five feet from the trunk of an understory tree.

(Ord. No. S2012-016, § 6.0, 9-10-2012; Ord. No. S2012-024, § 21, 11-13-2012; Ord. No. S2012-025, § 16, 11-13-2012; Ord. No. S2019-037, 1, 04/23/2019; Ord. No. S2026-018, § 1, 05/26/2026)

Effective on: 5/26/2026

Wall packs on buildings may be used at entrances to a building to light unsafe areas. They are not intended to draw attention to the building or provide general building or site lighting. Wall packs on the exterior of the building shall be fully shielded (e.g., true cut-off type bulb or light source not visible from off-site) to direct the light vertically downward and be of low wattage (preferably 100 watts or lower). Wall pack light sources visible from any location off the site are prohibited.

Effective on: 11/18/2013

Government facilities, parks and open areas, public safety, and other uses (see Table 30-4.A, Use Table) where sensitive or dangerous materials are stored may submit to the City Manager a Security Plan proposing exterior lighting that deviates from the standards in this subsection. The City Manager shall approve, or approve with conditions, the Security Plan and its proposed deviation from the standards of this subsection, upon finding that:

1. The proposed deviation from the standards is necessary for the adequate protection of the public;
2. The condition, location, or use of the land, or the history of activity in the area, indicates the land or any materials stored or used on it are in significantly greater danger of theft or damage, or members of the public are at greater risk for harm than on surrounding land; and
3. The proposed deviation from the standards is the minimum required, and will not have a significant adverse effect on neighboring lands.

Effective on: 11/18/2013

Lighting of athletic fields and performance areas shall comply with the following standards:

1. Glare Control Package
   All lighting fixtures shall be equipped with an existing glare control package (e.g., louvers, shields, or similar devices) and aimed  so that their beams are directed and fall within the primary playing or performance area.
2. Hours of Operation
   The hours of operation for the lighting system for any game or event  shall not continue more than 30 minutes after the end of the game or event.

Effective on: 11/18/2013

Editor's Note--Ord. No. S2025-018, 06/23/2025 repealed § 30-5.E.9. Formerly, such section pertained to Sign Lighting.

Effective on: 6/23/2025

The purpose for this section is to establish the community form standards for development in the City. More specifically, this section is intended to:

1. Support street development as an integral component of community design;
2. Provide safe, efficient, and convenient vehicular, bicycle, and pedestrian access and circulation patterns within and between developments;
3. Incorporate design features to enhance the visual quality of the streetscape;
4. Foster a pedestrian-friendly distribution of land uses and street network;
5. Assure safe access to and from streets by emergency vehicles; and
6. Reduce interference with through traffic by other vehicles, bicycles, or pedestrians entering, leaving, and crossing streets.

(Ord. No. S2012-016, § 7.1, 9-10-2012)

Effective on: 11/18/2013

1. Unless exempted in accordance with Section 30-5.F.3, Exemptions, or except where otherwise expressly stated, the standards in this section apply to all development on lots in the City, as well as to all street right-of-way.
2. Compliance with these standards, to the maximum extent practicable, shall also apply to redevelopment of an existing structure, building, or use when it is expanded, enlarged, or otherwise increased in intensity in an amount equivalent to or beyond 50 percent.
3. In the event of conflict or overlap with the standards in this section and the standards in Article 30-6: Subdivisions, the standards in Article 30-6 shall control.

Effective on: 11/18/2013

1. Development limited to a single lot shall be exempted from the following standards in this section except as may be required based on a traffic impact analysis or related analysis consistent with Section 30-5.M:
   1. Section 30-5.F.4, Streets;
   2. Section 30-5.F.5, Block Design; and
   3. Section 30-5.F.6, Development Entry Points;
2. Lots within the Conservation (CD) district are exempted from the requirements in this section.

(Ord. No. S2013-014, § 6a, 7-22-2013)

Effective on: 11/18/2013

Streets in the City shall comply with the standards for public infrastructure in Article 30-6: Subdivisions, and the following:

1. a.
   Street Design

   1. 1.
      Conformity to Existing Maps or Plans
      The street layout shall conform to the arrangement, width, and location of proposed streets on any officially adopted highway or transportation plan or map. In areas where such plans were not completed, the streets shall be designed and located in accordance with:

      1. a.
         Existing and proposed streets;
      2. b.
         Existing topography;
      3. c.
         Natural features such as streams and stands of mature hardwood trees;
      4. d.
         Public convenience and safety;
      5. e.
         The proposed use of land to be served by streets; and
      6. f.
         NCDOT Official Transportation Plan requirements for right-of-way reservation and/or dedication.
   2. 2.
      Tracts or Sites Over Five Acres in Size
      Development, to the maximum extent practicable, shall be arranged so as to allow for the opening of future streets and, and where relevant, logical resubdivision.
   3. 3.
      New Street Grades
      Street grades for new streets, to the maximum extent practicable, shall be established to avoid excessive removal of vegetation or mass grading.
   4. 4.
      Continuation of Adjacent Streets
      Proposed street layouts shall be coordinated with the existing street system in surrounding areas. Existing streets shall, to the maximum extent practicable, be extended to provide access to adjacent subdivisions and to provide for additional points of ingress and egress.
   5. 5.
      Connection with State Streets
      Permits authorizing connection to any existing street or roadway shall be submitted to the City prior to any construction on the street or roadway.
   6. 6.
      Design Speed
      Streets located within: the DT-1 district; the DT-2 district, except for Grove, Rowan, Ramsey, and Green Streets; and local streets within residential neighborhoods shall be designed with a maximum design speed of 25 miles per hour.
   7. 7.
      Private Streets
      Except for the ability to locate vehicular gates in accordance with Section 30-5.F.4.a.10, Vehicular Gates, private streets shall be built to the same standard as public streets, in accordance with the following:

      1. a.
         In General

         1. 1.
            Private streets will be permitted to serve as access within developments with individual dwelling unit ownership; however, reservation of corridors for thoroughfares and utilities may be required if such are indicated on official plans as adopted by the City Council. Private streets may be used in residential development to provide for security and privacy.
         2. 2.
            The common area that comprises private streets shall be sized with a width consistent with City's right-of-way standards for the traffic service classification the street is designed for. Private street areas shall be a part of the common area and shall be owned and maintained by the homeowners' association. Setbacks required for the zoning district in which the development is located shall be measured from the margin of the common area that is the proxy for a private street right-of-way or street easement.
         3. 3.
            Private streets shall be shown on a Final Plat as private right-of-way.
         4. 4.
            In residential development, a right-of-way shall be designated and shown as a private street on the Final Plat.
      2. b.
         Maintenance
         All subdivisions and residential development with private streets in which land is intended to be sold shall establish a homeowners' association for maintenance of such streets. The homeowners' documents shall provide for adequate enforcement and funding to insure maintenance, and the documents shall be approved as to form by the City Attorney as part of the development permit approval procedure. In development retained under single ownership where units or lots will be for rental purposes only, maintenance of private streets shall be provided by the owner (along with open space or other facilities for the purpose of common use).
      3. c.
         Access to Government Agency
         In any development where private streets are provided, a Final Plat shall be prepared for City approval and recorded with the Cumberland County Register of Deeds, which identifies all private streets. The Final Plat shall include a note indicating that any governmental agency, personnel, or equipment shall be granted perpetual access over any private streets, to accomplish or fulfill any service or function for which the agency is responsible. In addition, any agency or organization designated by a governmental agency to perform a designated function shall also retain the same access granted to any governmental agency. It shall be indicated on the Final Plat that any agency exercising its access rights shall have the same rights and only such liabilities as it would have on any public lands, right-of-way, or easements.
      4. d.
         Certification of Construction
         Upon completion of construction of private streets and related facilities, including drainage systems, the developer shall provide for an inspection of all such facilities by a registered professional designated for such approvals, who shall provide in writing a statement that all private streets and related facilities are constructed in accordance with the requirement of this section and the approved plans. Such statement shall be affixed with the seal of the registered professional and be submitted to the City Manager and approved prior to the recording of a Final Plat. Certification of water and sewer systems shall also be sealed by a registered engineer.
      5. e.
         Signage
         Any traffic control devices may differ in material, but not in size, shape, color, or any other way from the requirements of uniform devices in the Manual of Uniform Traffic Control Devices as defined in North Carolina General Statutes Section 136-30(d).
      6. f.
         Disclosures

         1. 1.
            Every Subdivision Plan approved as provided for in this subsection for residential development containing private streets shall contain the following statement:
            
            "Street right-of-way shown on this plat are for private use, have not been accepted for maintenance by the Fayetteville City Council, and are to be maintained by _____________(in the case where a homeowners' association owns the streets, homeowners' association shall be typed in the blank; in the case where lots are deeded to the center of the private street, the term "lot owner" shall be typed in the blank)."
         2. 2.
            Every Final Plat including private streets shall contain the following statement:
            
            "Every deed conveying a lot shown on the plat approved under the provisions of this chapter shall contain the following statement: "The street upon which the property described herein abuts is a private street, the cost of maintenance which shall be borne by either the grantee herein or a homeowners' association as set forth in any restrictive covenants applicable to this conveyance and recorded in Book _____________, Page _____________, of the Cumberland County Registry, which shall be a covenant to run with the land."
         3. 3.
            Any declaration of conditions and/or restrictive covenants required to be recorded by this section shall contain provisions setting forth the ownership, and responsibility for maintenance of any private streets within the property subject to such declaration of conditions and restrictive covenants.
   8. 8.
      On-Street Parking

      1. a.
         Streets within the DT-1 or DT-2 district shall, to the maximum extent practicable, incorporate on-street parking,
      2. b.
         Except for alleys, arterials, and collectors, all streets in other districts served by curb and gutter in the City are encouraged to provide on-street parking on at least one side.
      3. c.
         Except where approved by the City in advance, all on-street parking shall be parallel to the curb.
   9. 9.
      Underground Utilities

All utility providers (e.g., cable, telephone, gas, electric, water and sewer, etc.) installing service lines for their respective utilities in the public right-of-way are required to adhere to the standards and procedures of the City Engineering and Infrastructure Department for design, coordination and communication. The intent is to maximize the potential for co-location in trenches and to standardize the design of utilities.

10. 10.
    Vehicular Gates

    1. a.
       For the purposes of preserving access to public and private lands by citizens, utility companies, and emergency service providers, vehicular gates, barriers, or other devices intended to obstruct vehicular traffic along a public street right-of-way shall be prohibited.
    2. b.
       Vehicular gates are allowed on private streets provided the gate is equipped with City-approved devices that allow emergency services to gain access to the street and meets all requirements set forth in the current adopted version of the North Carolina Fire Code.
11. 11.
    Minimum Street Width
    Street widths shall be minimized to the maximum extent practicable, but in all instances shall comply with applicable City standards in Table 30-6.A.4.a, Street Right-of-Way Widths.
12. 12.
    Sight Distance Triangles

    1. a.
       No object (including signs) shall interfere with visibility within the sight distance triangle of an intersection of streets (assuming eye level of 40 inches or less from a distance of 20 feet from the edge of the pavement).
    2. b.
       Sight triangles of 20 feet by 20 feet as measured from the intersection of right-of-way lines shall be preserved at all intersections (see Figure 30-5.F.4.a.12, Sight Distance Triangles).
    3. c.
       Additional sight triangles of ten feet by 70 feet shall be provided for access onto thoroughfare streets.
    4. d.
       Sight distance triangles shall be noted on the Subdivision Plan and Final Plats, as appropriate.

Editor's Note 6/28/2017:  Corrected numbering of this section required inserting Sections 30-5.F.4.b and 30-5.F.4.c and reserving them for future use to avoid incorrect references in numerous parts of the Code. 

b.  Reserved for future use.

c.  Reserved for future use.

Figure 30-5.F.4.a.12: Sight Distance Triangles

Buildings, fences, walls, vegetation, and other elements may not obstruct sight distances at street intersections.

4. d.
   Cul-de-Sac and Street Stubs

   1. 1.
      Street Stubs shall be allowed only on a temporary basis to serve a phase or portion of a subdivision. Street stubs longer than 150 linear feet shall include a paved hammerhead turnaround or cul-de-sac that meets the city's minimum standards and shall be located within the dedicated right-of-way or easement. In the event that a final plat (See Section 30-2.C.6.e, Final Plat) for the phase or portion of a subdivision served by a temporary street stub is submitted for approval or recording, the Final Plan shall include a notation that the street is temporary, and that additional modifications to the street will occur when the adjacent area is developed. Final Plat submissions must also fulfill the requirements as set forth in Section 30-6.B.6, Final Plat and all other applicable sections.
   2. 2.
      Except where allowed as part of a Special Use Permit (see Section 30-2.C.7, Special Use Permit), cul-de-sac streets shall not extend for more than 800 feet as measured from the center of the cul-de-sac turn around to the nearest right-of way boundary of the adjoining street right-of-way intersection.
   3. 3.
      Culs-de-sac in single-family residential areas shall include a paved turn-around having a minimum radius of 37 feet from the center to the back of curb. Within multi-family residential areas or commercial areas a minimum radius of 45 feet shall be provided.
   4. 4.
      In no case shall a cul-de-sac serve more than 25 lots in a development.
5. e.
   Alleys

   1. 1.
      Alleys meeting the City's minimum standards shall be provided along the rear property lines of lots intended for new detached residential, attached residential, and condominium dwellings when such lots:

      1. a.
         Are part of a block face with an average lot width of 50 feet or less; or
      2. b.
         Front a collector or arterial street (regardless of the average lot width).
   2. Zero lot line development of five or fewer dwellings in neighborhoods where alleys do not exist are exempted from the requirements of this subsection.

1.   
   2. 2.
      Lots served by alleys in accordance with this subsection shall access garages or off-street parking areas from the alley, as opposed to a street.
   3. 3.
      Lots served by alleys in accordance with this subsection shall not have driveways in front or corner side yard areas.
   4. 4.
      Alleys shall not be dead-end streets, and shall only intersect with streets.
   5. 5.
      Alleys shall not include pavement widths of less than 14 feet or more than 16 feet.
   6. 6.
      Alleys with a pavement width exceeding 14 feet shall:

      1. a.
         Include a curb cut, driveway apron, and sidewalk crossing at the intersection with a street configured to appear as a driveway; or
      2. b.
         Be screened by primary or accessory structures or trees located to minimize views down the alley corridor from adjacent streets.

6. f.
   Internal Street Connectivity

   1. 1.
      Minimum Connectivity Index Score Required
      Except in the AR and DT-1 or DT-2 districts, all development shall achieve an internal street connectivity score in accordance with Table 30-5.F.4.f, Minimum Street Connectivity Index:

Figure 30-5.F.4.f.2: Street Connectivity Index

New internal streets should connect with each other and external streets as necessary to meet the minimum index score.

1.   
   2. 2.
      Connectivity Index Score Calculation

      1. a.
         The connectivity index for a development is calculated by dividing its links by its nodes. Figure 30-5.F.4.f.2, Street Connectivity Index, provides an example of how to calculate the connectivity index. Nodes (stars) exist at street intersections and cul-de-sac heads within the development. Links (circles) are stretches of road that connect nodes. Street stub-outs are considered as links, but temporary dead-end streets internal to a development or alleys are not counted as links. One link beyond every node that exists in the development and provides access to the street system outside the development shall be included in the index calculation. In the diagram, there are 36 links (circles) and 21 nodes (stars); therefore the connectivity index is 1.71 (36/21 = 1.71).
      2. b.
         Mid-block pedestrian access, required in accordance with Section 30-5.F.5.c, Mid-Block Access, will also be considered as a connection for the purposes of calculating the connectivity index.
   3. 3.
      Reduction in Minimum Index Score
      The minimum connectivity index score may be reduced if the owner/developer demonstrates it is impossible to achieve due to topographic conditions, natural features, existing road configurations, or adjacent existing development patterns.
   4. 4.
      Pedestrian Connections Required

      Figure 30-5.F.4.f.4: Pedestrian Connections

      Connecting cul-de-sac heads with the greater sidewalk/trail network increases pedestrian connectivity.

      1. a.
         A right-of-way 20 feet wide for pedestrian/ bicycle access between a cul-de-sac head or street turnaround and the sidewalk system of the closest adjacent street or pedestrian pathway (as shown in Figure 30-5.F.4.f.4, Pedestrian Connections) shall be required whenever the city manager determines a proposed cul-de-sac or street turnaround:

         1. 1.
            Is in close proximity with significant pedestrian generators or destinations such as schools, parks, trails, employment centers, or similar features; or
         2. 2.
            Creates an unreasonable impediment to pedestrian circulation.
      2. b.
         This pedestrian connection shall count as a connection for the purpose of calculating the connectivity index.
      3. c.
         A pedestrian/bicycle access shall not be required between a new subdivision and a street within an adjacent residential subdivision platted more than 12 months prior thereto.

7. g.
   External Street Connectivity

   1. 1.
      Purpose
      These external street connectivity standards are proposed to ensure the establishment and continuation of a logical, interconnected street network in the City.
   2. 2.
      General Requirements

      1. a.
         The arrangement of streets in a development shall provide for the alignment and continuation of existing or proposed streets into adjoining lands.
      2. b.
         When required by the Technical Review Committee, street rights-of-way shall be extended to or along adjoining property boundaries such that a roadway connection or street stub shall be provided for development where practicable and feasible in each direction (north, south, east, and west) for development which abuts vacant lands.
   3. 3.
      Review Criteria
      The Technical Review Committee shall base its decision regarding the type, location, and configuration of required new street connections on the following criteria:

      1. a.
         The Site Plan or Subdivision Plan's consistency with subdivision access standards in Table 30-5.F.6;
      2. b.
         The impact on travel distance and response time for emergency service providers resulting from new street connections;
      3. c.
         The need for and potential to disperse traffic and reduce congestion at intersections from new street connections;
      4. d.
         The ability to reduce travel time for residents from the inclusion of new street connections;
      5. e.
         The potential of a new street connection to reduce negative impacts on air quality (by reducing vehicles miles travelled or driving time);
      6. f.
         The potential impact on existing development patterns, compatibility, or safety from new street connections; and
      7. g.
         The potential impact on natural areas or natural features from new street connections.
   4. In no instance shall a new street connection result in a reclassification of an existing street to a new street classification higher than a collector street, nor shall a new street connection be approved if it results in a reduction in existing level of service by two categories or more for any existing street or intersection serving the new development.

1.   
   4. 4.
      Notification of Connected Streets

      1. a.
         At all locations where streets terminate with no street connection, but a future connection is planned or accommodated, a sign shall be installed at the location with the words "FUTURE ROAD CONNECTION" to inform property owners.
      2. b.
         The Final Plat (see Section 30-2.C.6.e, Final Plat) shall identify all stub streets and include a notation that all street stubs are intended for connection with future streets on adjoining undeveloped property. (Also see Section 30-6.A.4.a Public Streets and Alleys.)

8. h.
   Traffic Calming Measures

   Figure 30-5.F.4.h: Traffic Calming Measures

   Traffic calming devices are features that can be included within the right-of-way to slow traffic, and provide safer crossing for pedestrians. From top: bike entry path, elevated crosswalk, chicane, roundabout.

   1. 1.
      Minimal street widths, short block lengths, on-street parking, controlled intersections, roundabouts, and other traffic calming measures are encouraged on all local, and sub-collector streets, provided they do not interfere with emergency vehicle access.
   2. 2.
      In cases where residential development is organized around a grid street network, measures to interrupt or terminate long, linear street segments of over 800 linear feet shall be employed, to the maximum extent practicable. Such measures shall include, but shall not be limited to:

      1. a.
         Stop signs at street intersections;
      2. b.
         Round-abouts, or traffic circles;
      3. c.
         Curvilinear street segments to slow traffic and interrupt monotonous streetscapes;
      4. d.
         Roadway striping to limit vehicular cartway widths or accommodate bike lanes; and
      5. e.
         Speed tables or elevated pedestrian street crossings.
   3. 3.
      Sidewalk bulb-outs are discouraged on streets less than 28 feet wide, but are encouraged on wider streets as a traffic calming device and to reduce crossing distance for pedestrians, where practicable.