Fayetteville City Zoning Code

This article establishes procedures through which the City seeks to ensure compliance with the provisions of this Ordinance and obtain corrections for Ordinance violations. It also sets forth the remedies and penalties that apply to violations of this Ordinance. The provisions of this article are intended to encourage the voluntary correction of violations, where possible.

Effective on: 11/18/2013

Compliance with all the procedures, standards, and other provisions of this Ordinance is required by all persons owning, developing, managing, using, or occupying land or structures in the City.

Effective on: 11/18/2013

The owner, tenant, or occupant of any land or structure, and an architect, engineer, builder, contractor, agent, or any other person who participates in, assists, directs, creates, or maintains a situation that constitutes a violation of this Ordinance may be held responsible for the violation and subject to the remedies and penalties set forth in this article.

Effective on: 11/18/2013

The City may use any combination of the following remedies and enforcement powers to administer and enforce this Ordinance.

1. Failure to Comply with Ordinance or Term or Condition of Approval Constitutes Ordinance Violation
   Any failure to comply with a standard, requirement, prohibition, or limitation imposed by this Ordinance, or the terms or conditions of any permit or other development approval or authorization granted in accordance with this Ordinance shall constitute a violation of this Ordinance punishable as provided in this article.
2. Permits or Permit Approvals Only Authorize Development Approved
   Permits or permit approvals issued by a decision-making board authorize only the use, arrangement, location, design, density or intensity, and development set forth in such permits or development approvals.

(Ord. No. S2021-023, § 1, 05/10/2021)

Effective on: 11/18/2013

It shall be a violation of this Ordinance to undertake any activity contrary to the provisions of this Ordinance, including but not limited to any of the following:

1. Develop land or a structure without first obtaining all appropriate permits or development approvals, and complying with their terms and conditions.
2. Occupy or use land or a structure without first obtaining all appropriate permits or development approvals, and complying with their terms and conditions.
3. Subdivide land without first obtaining all appropriate permits or development approvals required to engage in subdivision, and complying with their terms and conditions.
4. Excavate, grade, cut, clear, or undertake any land disturbing activity without first obtaining all appropriate permits and development approvals, and complying with their terms and conditions.
5. Remove existing Specimen trees from a site or parcel of land without first obtaining appropriate permits and development approvals, and complying with their terms and conditions.
6. Disturb any landscaped area or vegetation required by this Ordinance.
7. Install, create, erect, alter, or maintain any sign without first obtaining the appropriate permits or development approvals, and complying with their terms and conditions.
8. Fail to remove any sign installed, created, erected, or maintained in violation of this Ordinance, or for which the permit has expired.
9. Create, expand, replace, or change any nonconformity except in compliance with this Ordinance.
10. Reduce or diminish the requirements for development, design, or dimensional standards below the minimum required by this Ordinance.
11. Increase the intensity or density of development, except in accordance with the standards of this Ordinance.
12. Through any act or omission, fail to comply with any other provisions, procedures, or standards as required by this Ordinance.

Effective on: 11/18/2013

The City Manager shall be responsible for enforcing the provisions of this Ordinance in accordance with the North Carolina General Statutes.

Effective on: 11/18/2013

Whenever a violation of this Ordinance occurs, or is alleged to have occurred, any person may file a complaint. The complaint, state the basis for the complaint, and shall be filed with the City Manager, who shall properly record such complaint, investigate, and take appropriate action as provided by this Ordinance.

Effective on: 11/18/2013

On presenting proper credentials, the City Manager may enter upon land or inspect any structure to ensure compliance with the provisions of this Ordinance. These inspections shall be carried out during normal business hours unless the City Manager determines there is an emergency necessitating inspections at another time.

Effective on: 11/18/2013

1. Investigation of Complaint
   On receiving a written complaint, the City Manager shall investigate the complaint and determine whether a violation of this Ordinance exists.
2. Notice of Violations
   1. On finding that a violation of this Ordinance exists, whether from an investigation of a written complaint or otherwise, with the exception of signs placed or otherwise displayed in violation of this Ordinance on public property or in the public right-of-way, the City Manager shall provide written notification of the violation, by personal service or first class mail, followed by delivery confirmation if the first notice is returned within ten business days, to the owner of the property on which the violation exists and the person causing or maintaining the violation. Such notification shall:
      1. Describe the location and nature of the violation;
      2. State the actions necessary to abate the violation; and
      3. Order that the violation be corrected within a specified reasonable time period not to exceed 30 business days after receipt of the Notice of Violation.
   2. On finding that a sign has been placed or otherwise displayed in violation of this Ordinance on public property or in the public right-of-way, and in-lieu of immediate removal in accordance with Section 30-8.F.1.i, Removal of Signs from Street Right-of-Way, the City Manager may take the following actions:
      1. The person owning or otherwise responsible for placement of the sign shall be contacted by the most expedient means and advised of the violation.
      2. Such person owning or otherwise responsible for placement of the sign shall be instructed to remove the sign and any other owned signs that may be placed or otherwise displayed in violation of this Ordinance on public property or in the public right-of-way within the City. A reasonable amount of time shall be given for such sign removal.
   3. The final Notice of Violation (which may also be the initial notice of violation) shall state what course of action is intended if the violation is not corrected with the specified time limit. If the final Notice of Violation identifies the assessment of a civil penalty as a potential intended course of action, the Notice of Violation shall also serve as a warning citation.
   4. On receiving a written request for extension of the time limit for correction specified in the Notice of Violation, the City Manager may, for good cause shown, grant a single extension of the time limit for up to 30 business days.
   5. If the owner of the property cannot be located or determined, the City Manager shall post a copy of the notice on the building, structure, sign, or site that is the subject of the violation. In such a case, the time limit for correction of the violation shall be deemed to begin five days after the notice is posted.
3. Application of Remedies and Penalties
   On determining that the violator has failed to correct the violation by the time limit set forth in the final Notice of Violation, or any granted extension thereof, or has failed to timely appeal the Notice of Violation in accordance with Section 30-2.C.18, Appeal, the City Manager shall take appropriate action, as provided in Section 30-8.F, Remedies and Penalties, to correct and abate the violation and to ensure compliance with this Ordinance.
4. Emergency Enforcement Without Notice
   On determining that delay in abating the violation would pose a danger to the public health, safety, or welfare, the City Manager may seek immediate enforcement without prior written notice by invoking any of the remedies authorized in Section 30-8.F, Remedies and Penalties.
5. Repeat Violations
   In addressing repeat violations by the same offender over any two-year period, the City may commence the application of remedies or penalties at the stage in the process where the previous violation was resolved.

(Ord. S2017-002, § 1, 5/22/2017)

Effective on: 5/22/2017

1. Stop Work Order Issuance
   Whenever a building or structure is being constructed, demolished, renovated, altered, or repaired in violation of any applicable provision of this Ordinance, the City Manager may issue a Stop Work Order. The Stop Work Order shall be in writing, directed to the person doing the work, and shall state the specific work to be stopped, the specific reasons for cessation, and the action(s) necessary to lawfully resume work.
2. Revocation of Permit or Approval
   The City Manager may revoke any development permit or approval by written notification to the permit or approval holder when false statements or misrepresentations were made in securing the permit or approval, work is being or has been done in substantial departure from the approved application or plan, there has been a failure to comply with the requirements of this Ordinance, or a permit or approval has been mistakenly granted in violation of this Ordinance.
3. Injunction
   When a violation occurs, the City Manager may, either before or after the initiation of other authorized actions, apply to the appropriate court for a mandatory or prohibitory injunction ordering the offender to correct the unlawful condition or cease the unlawful use of the land in question.
4. Order of Abatement
   In addition to an injunction, the City may apply for and the court may enter an Order of Abatement as part of the judgment in the case. An Order of Abatement may direct any of the following actions:
   1. That buildings or other structures on the property be closed, demolished, or removed;
   2. That fixtures, furniture, or other moveable property be moved or removed entirely;
   3. That improvements, alterations, modifications, or repairs be made; or
   4. That any other action be taken as necessary to bring the property into compliance with this Ordinance.
5. Equitable Remedy
   The City may apply to a court of law for any appropriate equitable remedy to enforce the provisions of this Ordinance. The fact that other remedies are provided under general law or this Ordinance shall not be used by a violator as a defense to the City's application for equitable relief.
6. Execution of Court Decisions
   The City Manager may execute the Order of Abatement and will have a lien on the property in the nature of a mechanic's and material man's lien for the cost of executing the order.
7. Denial or Withholding of Permits
   The City Manager may deny or withhold authorization to use or develop any land, structure, or improvements until an alleged violation and associated civil penalty related to such land, use, or development is corrected.
8. Requirement for Replanting; Mitigation for Clearing in Violation
   1. Where landscaped areas or vegetation required by this Ordinance is destroyed or disturbed, the City Manager may require the violator to replant the site of the removed, destroyed, or disturbed vegetation within 60 days from the date of violation with vegetation meeting the landscaping standards of Article 30-5: Development Standards. Such a remedy may be required in addition to imposition of criminal or civil penalties for the violation.
   2. Failure to obtain or abide by the conditions of a Clear-Cutting Permit is a violation of this Ordinance and subject to the following remedies and penalties:
      1. Total caliper inches of non-specimen trees damaged or unlawfully removed shall be determined and multiplied by 20% to derive the required mitigation in caliper inches for replanting.
      2. Specimen trees shall incur a fine, calculated at two times the removal fee described in Section 30-5.B.6(e).
      3. Public trees shall incur a fine, based on the appraised value (as described in Section 30-5.B.5, Public Tree Protection Standards). If this value is not available, the fee for non-specimen trees will be calculated at $100 per caliper inch.
      4. Repeat violators will be subject to a doubling of the required mitigation described above in a, b, and/or c.
      5. Replacement trees shall be replanted within 60 days of the notice of mitigation, or as determined by the city manager.
      6. Replanting should occur on-site along the street frontages (known as the street yard buffer area) when possible. Alternative plantings for constrained sites and other locations will be allowed at the discretion of the city manager.
      7. Payment-in-lieu for all or a portion of the replanting mitigation, calculated at $100 per caliper inch, may be considered at the discretion of the City Manager.

         (Ordinance S2013-021, § 2, 10-28-2013)

9. Removal of Signs from Street Right-of-Way
   Where signs are placed in a public street right-of-way in violation of this Ordinance, the City Manager may remove and destroy or otherwise dispose of such signs without Notice of Violation.
10. Removal of Dangerous or Unsafe Signs and Conditions
    On determining that a sign or other condition is in violation of this Ordinance and is imminently unstable, in danger of falling, or otherwise unsafe so as to constitute an immediate danger to persons or property, the City Manager may issue a final Notice of Violation ordering the immediate repair, removal, or other correction of the dangerous or unsafe sign or condition. If the dangerous or unsafe sign or condition is not corrected within 24 hours, the City Manager may repair, remove, or otherwise correct the sign or condition and send the property owner notice demanding payment of removal and disposal costs within seven days after issuance of the notice. If the property owner fails to make the required payment, the amount becomes a lien on the property and shall be collected in the manner provided for the collection of delinquent taxes, in accordance with Section 160A-193 of the North Carolina General Statutes.

Effective on: 11/18/2013

A violation of this Chapter shall subject the violator to civil penalties in accordance with the Fee Schedule as approved by City Council. A violation of any provision of this Chapter related to unsafe buildings is also punishable as a misdemeanor with a fine greater than $50.00 but not more than $500.00, pursuant to N.C.G.S. 14-4. Each day’s continuing violation shall constitute a separate offense.

(Ord. No. S2023-003, § 23, 03/13/2023)

Effective on: 11/18/2013

1. General
   In addition to the other remedies cited in this Ordinance for the enforcement of its provisions, and pursuant to Section 160A-175 of the North Carolina General Statutes, the standards in this Ordinance may be enforced through the issuance of civil penalties.
2. Citation
   Violation of this Ordinance subjects the violator to a penalty. To impose a civil penalty, the City Manager shall first provide the violator a written citation, either by mail or personal service. The citation shall describe the violation, specify the amount of the civil penalty being imposed, and direct the violator to correct the violation or pay the civil penalty to the City within a stated time period. Unless otherwise specified, each day's continuing violation of any provision of this Ordinance shall be separate and distinct offense.
3. Amount of Civil Penalty
   The amounts of civil penalties for violations of this Ordinance shall be established by the City Council and included in the Administrative Manual.
4. Recovery of Civil Penalty
   If the violator fails to pay the civil penalty or correct the violation within the time limit stated in the citation, the City may recover the penalties in a civil action in the nature of debt.
5. Appeal of Civil Penalty
   A Civil Penalty may be appealed in accordance with the procedures and timetables established in Section 1-9 of the Fayetteville Code of Ordinances.

(Ord. No. S2011-008, § 3, 7-25-2011)

Effective on: 11/18/2013

The remedies and penalties provided for violations of this Ordinance, whether civil or criminal, shall be cumulative and in addition to any other remedy or penalty provided by law, and may be exercised in any order. Repeated or continued noncompliance may lead to criminal charges brought against the violator in Environmental Court.

Effective on: 11/18/2013