Fayetteville City Zoning Code

No use or structure shall be established on a nonconforming lot of record except in accordance with the standards in this section.

Nonconform signs shall be regulated in accordance with NCGS 160D-912 for nonconforming billboards and NCGS 160D-912.1 for all other nonconforming permanent signage.

(Ord. No. S2025-020, § 1, 06/23/2025)

Effective on: 6/23/2025

Interior or exterior remodel, expansion of uses or structures, or a change in use on a lot or site that does not comply with the landscaping, perimeter buffer, screening, and open space requirements of this Article shall comply with the following standards:

(Ord. No. S2013-015, § 7.1, 7-22-2013; Ord. No. S2024-007, § 1, 05/28/2024)

In the provisions established by this Ordinance, there exist uses of land, structures, lots of record, and signs that were lawfully established before this Ordinance was adopted or amended, that now do not conform to its terms and requirements. The purpose and intent of this article is to regulate and limit the continued existence of those uses, structures, lots of record, and signs that do not conform to the provisions of this Ordinance, or any subsequent amendments.

Effective on: 11/18/2013

Nonconformities are allowed to continue, and are encouraged to receive routine maintenance in accordance with the requirements of this article, as a means of preserving safety and appearance.

Effective on: 11/18/2013

In all cases, the burden of establishing that a nonconformity lawfully exists shall be the responsibility of the owner of the land on which the alleged nonconformity is located.

Effective on: 11/18/2013

Minor repairs and normal maintenance that are required to keep nonconforming uses, structures, lots of record, and signs in a safe condition are permitted, provided the minor repair or maintenance does not extend, expand, or enlarge the nonconforming aspect. For the purposes of this section, "minor repair or normal maintenance" shall mean:

1. Maintenance of Safe Condition
   Repairs that are necessary to maintain a nonconforming use, structure, lot of record, or sign in a safe condition; and
2. Maintenance of Land for Safety
   Maintenance of land areas to protect against health hazards and promote the safety of surrounding uses.

Effective on: 11/18/2013

No change of title, possession, or right to possession of property involved shall be construed to prevent the continuance of a nonconforming use.

Effective on: 11/18/2013

Nonconforming uses are declared generally incompatible with the permitted uses in the district in which they are located and with the provisions of this Ordinance. Nonconforming uses shall be subject to the standards in this subsection.

Effective on: 11/18/2013

1. General
   A nonconforming use shall not be changed to any other nonconforming use. Once a nonconforming use has ceased to operate or been discontinued for a period of one year or longer, it shall only be replaced with a conforming use.
2. Within Industrial or Commercial Districts
   1. Nonconforming residential, office, or personal services uses within an industrial or commercial base zoning district may be continued or replaced by another nonconforming residential, office, or personal service use, provided:
      1. The density or intensity of the proposed use does not exceed that associated with the use being replaced,
      2. The lot and building comply with the dimensional standards of the MR-5 district; and
      3. The value of any reconstruction or renovation associated with the use change does not exceed one-third of the structure's replacement value prior to the reconstruction or renovation. (In cases where the reconstruction or renovation value exceeds one-third of the structure's replacement value, then the use and structure must conform to the requirements of the district where located.)

Effective on: 11/18/2013

Except in accordance with this subsection, a nonconforming use shall not be enlarged, expanded in area, or intensified. An existing nonconforming use may be enlarged into any portion of the structure where it is located provided the area proposed for expansion was designed and intended for such use prior to the date the use became a nonconformity. Such expansion may only be authorized through the review and approval of a Special Use Permit (see Section 30-2.C.7, Special Use Permit).

Effective on: 11/18/2013

Nonconforming Class B or C manufactured homes may be replaced by a Class A manufactured home, or another nonconforming Class B or Class C manufactured home, provided:

1. The lot proposed to contain a manufactured home is within the MHO district (see Section 30-2.C.1, Map Amendment (Rezoning)); and
2. The replacement nonconforming Class B or Class C manufactured home has a larger habitable floor area or newer construction date than the nonconforming manufactured home being replaced.

(Ord. No. S2021-019, § 1, 05/10/2021 )

Effective on: 11/18/2013

A nonconforming use shall not be re-established after discontinuance for a period of 365 consecutive calendar days or more. Efforts to renovate or repair the use are not considered a vacancy, abandonment, or discontinuance, provided all appropriate development approvals are obtained, and provided the renovation or repair is completed within 365 days from commencement or repair or renovation, and the use is re-established within 30 days from the time the renovation or repairs are completed. Failure to complete the repairs or renovation within 365 days or re-establish the use within 30 days following repairs or renovation shall constitute discontinuance, and a nonconforming use shall not be re-established.

Effective on: 11/18/2013

1. Nonconforming open-air uses made nonconforming by an amendment of this Ordinance or extension of the area in which this Ordinance is applicable shall be discontinued within three years after the date of such amendment or extension.
2. Uses to be discontinued under this section shall include nonconforming outdoor sales areas, certain parking lots not contiguous to the primary use or consistent with 30-5.A.8(d), and storage yards or similar uses not consistent with the standards for such uses in Article 30-4, Use Standards.
3. In cases where the building associated with an open-air use is removed or destroyed, the nonconforming open-air use shall cease and all subsequent uses shall be in conformity with the provisions of this Ordinance.

Effective on: 11/18/2013

Once a nonconforming principal use is discontinued, all associated accessory uses shall cease operations within 30 days.

Effective on: 11/18/2013

1. Destruction or Damage Beyond 50 Percent of Value
   1. In the event a structure housing any nonconforming use is damaged or destroyed, by any means, to an extent more than 50 percent of its replacement value at the time of damage or destruction, it shall only be restored in a manner that conforms with the provisions of this Ordinance except as provided in subsection (3) below.
   2. New construction (including the establishment of off-street parking, landscaping, signs, and other site features) shall be in accordance with the requirements of this Ordinance.
   3. A lawfully nonconforming multifamily residential structure located in a residential zoning district, if damaged or destroyed, by any means, to an extent more than 50 percent of its replacement value at the time of damage or destruction, shall be eligible for reconstruction to its prior level of density if a Building Permit for such restoration is obtained within six months of the casualty damage, and repair is actually begun within 12 months after the date of such damage or destruction and is diligently pursued to completion provided all other requirements of Article 30-5 are met. The City Manager may extend these time periods, allowing up to a cumulative total of 36 months for completion of construction for due cause.
   4. Such structures may be reconstructed to their previous form and location under the following circumstances, as applicable:

• A single multifamily structure has been damaged or destroyed.
• The structures are duplex, triplex or quadruplex multifamily types.
• The structures contain five or more units, are part of a larger complex of similar structures and not more than 50 percent of the total number of principal structures within the complex have been damaged or destroyed to an extent more than 50 percent of their replacement value.
• Conforming buffers are established prior to issuance of the Building Permit(s).

2. Damage of 50 Percent or Less of Value
   1. In the event a structure housing a nonconforming use is damaged or destroyed, by any means, to an extent of 50 percent or less of its replacement value at the time of damage or destruction, it may be re-built to its previous form if a Building Permit for such repair or restoration is obtained within 180 days of the casualty damage, and repair or restoration is actually begun within one year after the date of such partial damage or destruction and is diligently pursued to completion.
   2. In no event shall repair or restoration increase, expand, or enlarge the degree of nonconformity.

(Ord. No. S2011-014, § 7.1, 11-28-2011)

Effective on: 11/18/2013

A nonconforming principal structure containing a conforming use may only continue in accordance with the provisions of this subsection. Nonconforming structures housing nonconforming uses may only continue in accordance with the standards in Section 30-7.B, Nonconforming Uses.

Effective on: 11/18/2013

1. General
   Normal repair and maintenance may be performed to allow the continued use of nonconforming structures.
2. Within the NPO District
   1. Use of nonconforming structures within the NPO district shall not be continued or resumed after discontinuance for a period of 365 consecutive calendar days or more unless the structure is altered to conform to the requirements of this Ordinance.
   2. Efforts to renovate or repair the use are not considered a vacancy, abandonment, or discontinuance, provided all appropriate development approvals are obtained, and provided the renovation or repair is completed within 365 days from commencement or repair or renovation, and the use is re-established within 30 days from the time the renovation or repairs are completed. Failure to complete the repairs or renovation within 365 days or re-establish a use within 30 days following repairs or renovation shall constitute discontinuance, and use of the nonconforming structure shall not re-commence.

Effective on: 11/18/2013

A nonconforming structure shall not be enlarged or expanded in any way that increases the nonconformity. (For example, a structure that has a five-foot side yard setback where the Ordinance requires a ten-foot side yard setback cannot be enlarged so as to further encroach into the side yard setback.) Expansion of the structure in a way that complies with applicable dimensional standards or that decreases the degree of nonconformity is permitted.

Effective on: 11/18/2013

A nonconforming structure shall not be moved, in whole or in part, to another location on or off the parcel of land on which it is located, unless upon relocation it conforms to the requirements of this Ordinance.

Effective on: 11/18/2013

1. Destruction or Damage Beyond 50 Percent of Value
   1. In the event a nonconforming structure is damaged or destroyed, by any means, to an extent more than 50 percent of its replacement value cost at the time of damage or destruction, it shall only be restored in a manner that conforms with the provisions of this Ordinance. If the structure is located in a local historic district or is a local historic landmark, it can only be reconstructed in accordance with the Fayetteville Historic Preservation Guidelines.
   2. New construction (including the establishment of off-street parking, landscaping, signage, and other site features) shall be in accordance with the requirements of this Ordinance.
2. Damage of 50 Percent or Less of Value
   1. Except within the NPO district, in the event a nonconforming structure (or portion of a structure) is damaged or destroyed, by any means, to an extent of 50 percent or less of its replacement value at the time of damage or destruction, it may be re-built to its previous form if a Building Permit for such repair or restoration is obtained within 180 days of the casualty damage, and repair or restoration is actually begun within one year after the date of such partial damage or destruction and is diligently pursued to completion.
   2. Nonconforming structures within the NPO district shall not be rebuilt.
   3. In no event shall repair or restoration increase the nonconformity.

Effective on: 11/18/2013

1. Conforming structures legally established on a nonconforming lot prior to the effective date of this Ordinance (or any amendment thereto) may be continued, enlarged, extended, reconstructed, or structurally altered in any way that is in conformance with the standards of this Ordinance.
2. Nonconforming structures legally established on a nonconforming lot prior the effective date of this Ordinance (or any amendment thereto) may be continued, enlarged, or redeveloped only in accordance with the standards in Section 30-7.C, Nonconforming Structures.

Effective on: 11/18/2013

1. All other dimensional standards met
   Notwithstanding limitations imposed by other provisions of this Article, where the lot of record fails to comply with the district's dimensional standards for area or width, a single primary use and customary accessory structures allowed by right in the base zoning district may be developed on any single lot of record existing prior to July 1, 2011, provided that development on the lot of record shall comply with the other district dimensional standards.
2. Reduction in another dimension standard
   When the site conditions and lot non-conformity combine to require a reduction in other dimensional standards, side or rear setback standards may be reduced in proportion to the percent of nonconformity of the lot, up to 20 percent, if approved during a Minor Site Plan Review (see Section 30-2.C.5.b.2). Other or greater dimensional reductions must be requested through the variance process (Section 30-2.C.14).
3. Combination with another lot
   In the event that a vacant nonconforming lot is located adjacent to a lot under common ownership, and the adjacent lot has sufficient size to allow for a lot line adjustment (see Section 30-2.C.6.f, Subdivision Exemption) as a means of bringing the vacant lot closer into conformity with the requirements of the zoning district where it is located, then such lot line adjustment shall be required as a condition of approval for development on the vacant nonconforming lot.

(Ord. No. S2013-002, § 2b, 2-11-2013)

Effective on: 11/18/2013

If a legally-established single-family attached or detached dwelling is destroyed by casualty on a nonconforming lot in a residential zoning district that was part of a subdivision or division of land evidenced by plat or deed, or both, recorded prior to July 1, 2011, an identical replacement use may be reconstructed within the same footprint as the use destroyed by casualty, even though the lot does not meet the minimum lot area or lot width requirements.

Effective on: 11/18/2013

Governmental acquisition of a portion of a lot for a public purpose that results in a reduction in lot width or lot area below that required by the base zoning district where located shall not render the lot nonconforming.

Effective on: 11/18/2013

A nonconforming lot may be increased in area, width, or both, through a lot line adjustment in accordance with the requirements of Section 30-2.C.6.f, Subdivision Exemption, provided the lot line adjustment does not increase the lot's nonconformity.

Effective on: 11/18/2013

If a Building Permit is required for interior or exterior remodeling of the building or structure, the remodeling or redevelopment shall require correction of existing on-site landscaping, perimeter buffer, screening, and open space standards in accordance with this section.

1. a.
   Landscaping, Perimeter Buffers, Open Space, and Screening

   1. 1.
      25 Percent or Less of Structure Value
      Remodeling in any continuous 12-month period that costs 25 percent or less of the current fair market or assessed value of the structure (at the option of the applicant) shall not require any correction to nonconforming site aspects.
   2. 2.
      More Than 25 Percent but Less Than 75 Percent of Structure Value
      Remodeling in any continuous 12-month period that costs more than 25 percent but less than 75 percent of the current fair market or assessed value of the structure (at the option of the applicant) shall require that a corresponding percentage of the landscaping, perimeter buffer, screening, and open space standards of this Ordinance be installed or upgraded on the site, until the site achieves 100 percent compliance. 
   3. 3.
      75 Percent or More of Structure Value
      Remodeling projects that cost 75 percent or more of the current fair market value of the structure shall require 100 percent compliance with the landscaping, perimeter buffer, screening, and open space standards of this Article.
2. b.
   Physically Constrained Properties- Comply to Maximum Extent Practicable

   1. 1.
      Lands that are physically constrained (due to limited size, topography, or other environmental considerations) from complying with these provisions shall comply to the maximum extent practicable, as determined by the City Manager. In determining the priorities for remediation, the entire site, its context and its operational characteristics will be considered, with the first objective being public safety and buffering issues, followed by achieving a balance regarding landscaping or other site nonconformities.
   2. 2.
      For purposes of determining when a correction is required, the cost of the remodeling shall be as shown on the approved Building Permit application. Fair market value shall be based on a market appraisal performed by a certified appraiser, at the applicant's expense. Assessed value shall be based upon Cumberland County Tax Assessor information.
3. c.
   Interior and Exterior Remodeling of Buildings on Sites Two Acres or Less.

   1. 1.
      If a Building Permit is required for interior or exterior remodeling of the building or structure with a remodeling cost of more than 25 percent of the current fair market or assessed value of the structure (at the option of the applicant), the remodeling or redevelopment shall require that nonresidential property provide a six-foot in height solid fence or wall where the property abuts single-family residentially zoned property.
   2. 2.
      For exterior remodeling as described in Section 30-7.F.1.c.1, above, the following additional requirements shall apply. For sites one (1) acre and less in size, properties shall also provide two (2) of the following if not already existing, for sites larger than one (1) acre but not more than two (2) acres, properties shall also provide three (3) of the following if not already existing:

      1. a.
         Where non-residential property abuts a residential property, a six-foot wide planting buffer along the residential property line shall be provided. Within the planting buffer there shall be a continuous row of evergreen shrubs (Leland Cyprus, wax myrtle or similar) planted no less than six feet apart and at a height of no less than three feet at the time of planting. The shrubs shall obtain a minimum height of six feet at maturity.
      2. b.
         For every 25 feet of road frontage, excluding driveway entrances, an understory tree shall be planted within 25 feet of the right-of-way;
      3. c.
         For every five feet of building frontage facing the right-of-way, a shrub shall be planted within 10 feet of the street-facing building facade. Planters used to meet this requirement shall be constructed of durable all-weather material such as fiberglass, metal, stone, or cementitious material.
      4. d.
         A landscape island no less than 162 square feet shall be installed at the end of each row of parking spaces within 50 feet of a public right-of-way. The landscape island shall be planted with one understory tree or ten shrubs.
      5. e.
         Where the property abuts the right-of-way, a continuous row of shrubs shall be planted along the entire length of the property abutting the right-of-way excluding drive-way entrances. The plantings shall maintain a minimum height of two and a half feet.
   3. 3.
      Lands that are physically constrained (due to limited size, topography, or other environmental considerations) from complying with these provisions shall comply to the maximum extent practicable, as determined by the City Manager. In determining the priorities for remediation, the entire site, its context, and its operational characteristics will be considered, with the first objective being public safety and buffering issues.

(Ord. No. S2012-017, §§ 10.1, 10.2, 9-10-2012; Ord. No. S2013-002, §§ 1a, 1b, 2-11-2013; Ord. No. S2013-015, § 7.2, 7-22-2013; Ord. No. S2024-007, § 1, 05/28/2024)

Effective on: 5/28/2024

Additions and expansions to structures on nonconforming sites shall require correction of existing on-site nonconforming landscaping, perimeter buffer, screening, and signage standards in accordance with this section.

1. a.
    Landscaping, Perimeter Buffers, Open Space, and Screening.

   1. 1.
      Expansion of 50 Percent or Less of Gross Square Footage Over Five Years.
      Expansions in any continuous five-year period, which result in a 50 percent or less increase in the gross square footage of the existing structure (measured at the beginning of the five-year period), require that a corresponding percentage of the landscaping, perimeter buffer, screening, and open space standards of this Ordinance be installed or upgraded on the site, until the site achieves 100 percent compliance. (For example, if the addition is 25 percent of the area of the existing structure and the site contains only 50 percent of the required landscaping, 25 percent of the required landscaping for the entire site must be provided, thereby bringing the landscaping on the site to 75 percent of the total required.) Existing landscaping on the site shall be retained or replaced but shall not count toward the required percentage of new landscaping.
   2. 2.
      Expansion of Greater Than 50 Percent of Gross Square Footage Over Five Years
      Expansions over any continuous five-year period, which result in a greater than 50 percent increase of the gross square footage of the existing structure (measured at the beginning of the five-year period), require the entire property to meet all of the landscaping, perimeter buffer, screening, and open space standards of this Article.
2. b.
   Physically Constrained Properties - Comply to Maximum Extent Practicable.
   Lands that are physically constrained (due to limited size, topography, or other environmental considerations) from complying with these provisions shall comply consistent with Section 30-7.F.1(b)(1) above.
3. c.
   Additions and Expansions on Sites Two Acres or less.

   1. 1.
      If a Building Permit is required for an addition or expansion of the building or structure, the remodeling or redevelopment shall require that non-residential property provide a six-foot in height solid fence or wall where the property abuts single-family residentially zoned property. For sites one (1) acre and less in size, properties shall also provide two (2) of the following if not already existing, for sites larger than one (1) acre but not more than two (2) acres, properties shall also provide three (3) of the following if not already existing:

      1. a.
         Where non-residential property abuts a residential property, a six-foot wide planting buffer along the residential property line shall be provided. Within the planting buffer there shall be a continuous row of evergreen shrubs (Leland Cyprus, wax myrtle or similar) planted no less than six-feet apart and at a height of no less than three feet at the time of planting. The shrubs shall obtain a minimum height of six feet at maturity.
      2. b.
         For every 25 feet of road frontage, excluding driveway entrances, an understory tree shall be planted within 25 feet of the right-of-way;
      3. c.
         For every five feet of building frontage facing the right-of-way, a shrub shall be planted within 10 feet of the street facing building facade. Planters used to meet this requirement shall be constructed of durable all-weather material such as fiberglass, metal, stone, or cementitious material.
      4. d.
         A landscape island no less than 162 square feet shall be installed at the end of each row of parking spaces within 50 feet of a public right-of-way. The landscape island shall be planted with one understory tree or ten shrubs.
      5. e.
         Where the property abuts the right-of-way, a continuous row of shrubs shall be planted along the entire length of the property abutting the right-of-way, excluding drive-way entrances. The plantings shall maintain a minimum height of two and a half feet.
   2. 2.
      Lands that are physically constrained (due to limited size, topography, or other environmental considerations) from complying with these provisions shall comply to the maximum extent practicable, as determined by the City Manager. In determining the priorities for remediation, the entire site, its context, and its operational characteristics will be considered, with the first objective being public safety and buffering issues.
4. d.
   Addition of Area Only
   When only outdoor operations/storage/display areas are being added or increased on a site, the percentage increase in outdoor operations area shall require a corresponding percentage increase in perimeter buffers and screening. Perimeter buffer and screening augmentation shall be located so as to achieve the performance objectives in Section 30-5.B, Landscaping and Tree Protection, with priority given to screening the impacts of outdoor operations.

(Ord. No. S2012-017, § 10.3, 9-10-2012; Ord. No. S2013-002, § 1c, 2-11-2013; Ord. No. S2013-015, § 7.3, 7-22-2013; Ord. No. S2020-005, § 1, 06/22/2020; Ord. No. S2021-032, § 2, 10/25/2021; Ord. No. S2024-007, § 1, 05/28/2024)

Effective on: 5/28/2024

1. a.
   Any change in use shall require the entire property to meet all of the landscaping, perimeter buffer, screening, and standards of this Article with the exception of Physically Constrained Properties or sites two acres or less.

   1. 1.
      Any change in use on a Physically Constrained Property or a site of two acres or less shall require that the nonresidential property provide a six-foot-high solid fence or wall where property abuts single-family residentially zoned property.
   2. 2.
      For sites one (1) acre and less in size, properties shall also provide two (2) of the following if not already existing, for sites larger than one (1) acre but not more than two (2) acres, properties shall also provide three (3) of the following if not already existing:

      1. a.
         Where non-residential property abuts a residential property, a six-foot-wide planting buffer along the residential property line shall be provided. Within the planting buffer there shall be continuous row of evergreen shrubs (Leland Cyprus, wax myrtle or similar) planted no less than six feet apart and at a height of no less than three feet at the time of planting. The shrubs shall obtain a minimum height of six feet at maturity.
      2. b.
         For every 25 feet of road frontage, excluding driveway entrances, an understory tree shall be planted within 25 feet of the right-of-way;
      3. c.
         For every five feet of building frontage facing the right-of-way, a shrub shall be planted within 10 feet of the street facing building facade. Planters used to meet this requirement shall be constructed of durable all-weather material such as fiberglass, metal, stone, or cementitious material.
      4. d.
         A landscape island no less than 162 square feet shall be installed at the end of each row of parking spaces within 50 feet of a public right-of-way. The landscape island shall be planted with one understory tree or ten shrubs.
      5. e.
         Where the property abuts the right-of-way, a continuous row of shrubs shall be planted along the entire length of the property abutting the right-of-way excluding drive-way entrances. The plantings shall maintain a minimum height of two and a half feet.
   3. 3.
      Lands that are physically constrained (due to limited size, topography, or other environmental considerations) from complying with these provisions shall comply to the maximum extent practicable, as determined by the City Manager. In determining the priorities for remediation, the entire site, its context, and its operational characteristics will be considered, with the first objective being public safety and buffering issues.

(Ord. No. S2012-017, § 10.4, 10.2, 9-10-2012; Ord. No. S2013-002, § 1d, 2-11-2013; Ord. No. S2013-015, § 7.4, 7-22-2013; Ord. No. S2020-005, § 1, 06/22/2020; Ord. No. S2021-032, § 3, 10/25/2021; Ord. No. S2024-007, § 1, 05/28/2024)

Effective on: 5/28/2024