Fayetteville City Zoning Code

The following rules shall apply for construing or interpreting the terms and provisions of this Ordinance.

Table 30-9.C, Abbreviations, includes the abbreviations and their corresponding terms as used in this Ordinance.

(Ord. No. S2012-016, § 11.1, 9-10-2012; Ord. No. S2012-024, § 18, 11-13-2012; Ord. No. S2022-011, § 1, 05/23/2022; Ord. No. S2026-019, § 1, 05/26/2026)

Effective on: 5/26/2026

The following words, terms, and phrases, when used in this Ordinance, shall have the meaning ascribed to them in this section.

All provisions, terms, phrases, and expressions contained in this Ordinance shall be interpreted in accordance with the general purposes set forth in Section 30-1.C, General Purpose and Intent, and the specific purpose statements set forth throughout this Ordinance. When a specific section of these regulations gives a different meaning than the general definition provided in this Article 30-9: Definitions, the specific section's meaning and application of the term shall control.

Effective on: 11/18/2013

In the event of a conflict or inconsistency between the text of this Ordinance and any heading, caption, figure, illustration, table, or map, the text shall control. Graphics and other illustrations are provided for informational purposes only and should not be relied upon as a complete and accurate description of all applicable regulations or requirements.

Effective on: 11/18/2013

Unless otherwise specifically indicated, lists of items or examples that use terms like "for example," "including," and "such as," or similar language are intended to provide examples and are not exhaustive lists of all possibilities.

Effective on: 11/18/2013

The time in which an act is to be done shall be computed by excluding the first day and including the last day. If a deadline or required date of action falls on a Saturday, Sunday, or holiday observed by the City, the deadline or required date of action shall be the next day that is not a Saturday, Sunday, or holiday observed by the City. References to days are calendar days unless otherwise stated.

Effective on: 11/18/2013

Whenever reference is made to a resolution, ordinance, statute, regulation, or document, it shall be construed as a reference to the most recent edition of such regulation, resolution, ordinance, statute, regulation, or document, unless otherwise specifically stated.

Effective on: 11/18/2013

Any act authorized by this Ordinance to be carried out by a specific official of the City may be carried out by a professional-level designee of such official.

Effective on: 11/18/2013

Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases that may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

Effective on: 11/18/2013

All public officials, bodies, and agencies to which references are made are those of the City of Fayetteville, unless otherwise indicated.

Effective on: 11/18/2013

The words "shall," "must," and "will" are mandatory in nature, establishing an obligation or duty to comply with the particular provision. The words "may" and "should" are permissive in nature.

Effective on: 11/18/2013

Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows:

1. "And" indicates that all connected items, conditions, provisions or events apply; and
2. "Or" indicates that one or more of the connected items, conditions, provisions or events apply.

Effective on: 11/18/2013

Words used in the present tense include the future tense. Words used in the singular number include the plural number and the plural number includes the singular number, unless the context of the particular usage clearly indicates otherwise. Words used in the masculine gender include the feminine gender, and vice versa.

Effective on: 11/18/2013

If a term used in this Ordinance is not defined in this article, the City Manager shall have the authority to provide a definition through the Interpretation procedure (see Section 30-2.C.17, Interpretation) based upon the definitions used in accepted sources, including but not limited to A Planners Dictionary, A Glossary of Zoning, Development, and Planning Terms, and A Survey of Zoning Definitions, published by the American Planning Association.

Effective on: 11/18/2013

1. a.
   Purpose
   The purpose of this section is to clarify the rules of measurement and exemptions that apply to all principal and accessory uses allowed in this Ordinance. These standards may be modified by other applicable sections of this Ordinance.
2. b.
   Distance Measurements, Generally
   Unless otherwise expressly stated, distances specified in this Ordinance are to be measured as the length of an imaginary straight line joining those points.
3. c.
   Lot Measurements

   1. 1.
      Lot Area
      The area of a lot includes the total horizontal surface area within the lot's boundaries.
   2. 2.
      Lot Width
      Lot width is the distance between the side lot lines measured along the front building setback line. In cases where a structure is "condominiumized", or the interior floor area of a structure is owned by different owners, the zoning district lot width requirement the shall apply only to the parent tract or development site, not the individual ownership units.
4. d.
   Gross Residential Density Measurement

   1. 1.
      Gross residential density (the number of dwelling units per gross acre of land) is determined by dividing the number of dwelling units by the total area of land within the boundaries of a parcel of land, including existing streets, dedicated right-of-way, and open space set-asides, except as otherwise provided in this Article.
      
      When the different uses on a large parcel are in separate areas, as in a PUD Planned Development and a higher density is allowed for "mixed use" in that district, the higher density rate may be used but only the acreage attributable to the residential use shall be used to calculate gross residential density. When the different uses are functionally integrated, either horizontally or vertically, both the higher rate and the entire acreage may be used to calculate gross residential density.
   2. 2.
      In cases where a site's acreage allows a gross density that exceeds a whole number by 0.6 or more, the total density may be rounded upwards to the next whole number, thus allowing an additional dwelling unit to be located on a site.
5. e.
   Lot Coverage
   Lot coverage (the portion of a site covered by principal and accessory buildings) is determined by calculating the percentage of the total area of land within the boundaries of a lot covered by the sum of the surface areas covered by each principal and accessory building on the lot, measured from their exterior walls at ground level.

Figure 30-9.B.1.e: Lot Coverage

6. f.
   Setbacks and Yards

   1. 1.
      Measurements
      Setbacks refer to the unobstructed, unoccupied open area between the furthermost projection of a structure and the property line of the lot on which the structure is located. Setbacks shall be unobstructed from the ground to the sky except as otherwise expressly allowed in Subsection 30-9.B.1.f.2, Allowable Encroachments into Required Setbacks.
   2. 2.
      Permitted Encroachments into Required Setbacks

      1. a.
         The following features may be located within required setbacks to the extent indicated (see Figure 30-9.B.1.f.2, Allowable Encroachments):

         1. 1.
            Sidewalks and landscaping (including retaining walls);
         2. 2.
            Accessory uses and structures as allowed in Section 30-4.D, Accessory Uses and Structures; and
         3. 3.
            Fences and walls as allowed in Section 30-5.D, Fences and Walls.

Figure 30-9.B.1.f.2:  Allowable Encroachments

1.   
   1.   
      2. b.
         Appurtenances are permitted to encroach into a required front or rear yard setback up to six feet and within side yards up to five feet from the property line provided a minimum of ten feet between buildings is maintained. Such appurtenances include, but are lot limited to, uncovered ramps for the handicapped, porch stoops, steps, eaves, gutters, sills, belt courses, buttresses, cornices, ornamental features, canopies, and marquees.

1.   
   3. 3.
      Yards Required for Buildings
      A yard or other open area required about a building shall not be included as part of a yard or other open space for another building.
   4. 4.
      Front Yard Setback

      1. a.
         Front Yard Setback and Streets
         The yard fronting a street towards which the front of the primary structure faces shall be considered to be a front yard and shall meet the minimum front yard setback. If it is not clear which street a structure faces, consideration shall be given to which side of a structure includes the primary entrance and (for existing structures) which street provides the structure's street address (see Figure 30-9.B.1.f.4, Yard/Setback Types).
      2. b.
         Measurement
         The front yard setback shall extend the full width of the lot and shall be measured from the street right-of-way line.

Figure 30-9.B.1.f.4: Yard/Setback Types

1.   
   1.   
      3. c.
         Double Frontage Lot
         A double frontage lot shall provide a front yard setback on both streets. The remaining yards shall meet the side yard setback requirements.
      4. d.
         Corner Lot
         A corner lot shall provide a front yard setback on the street towards which the front of the principal structure faces. The remaining yards shall meet the corner side yard setback requirements.
      5. e.
         Cul-de-Sac or Curved-Street Lot
         For a cul-de-sac lot or a lot abutting a curved street, the front yard setback shall follow the curve of the front property line.

1.   
   5. 5.
      Side Yard Setback
      The side yard setback shall extend from the required front yard setback line to the required rear yard setback line and shall be measured from the side lot line. If no front or rear yard setback is required, the setback shall extend the full depth of the lot.
   6. 6.
      Rear Yard Setback
      The rear yard setback shall extend the full width of the lot and shall be measured from the rear lot line.
   7. 7.
      Corner Side Setback
      The corner side setback on a corner lot shall be measured from the edge of the right-of-way of the street towards which the front of the primary structure does not face.

7. g.
   Building Height

   1. 1.
      Building height shall be the vertical distance measured from the lowest finished grade (following grading, excavation, or other land-disturbing activity) at the front corner of a building to the highest point of the roof surface of a flat roof, to the deck line of a mansard roof, or to the mean height level between eaves and the ridge of a gable, hip, cone, gambrel, or shed roof, as depicted in Figure 30-9.B.1.f.8, Building Height Measurement.

Figure 30-9.B.1.g: Building Height Measurement

1.   
   2. 2.
      In cases where a lot is smaller than 40,000 square feet, and has significant topographical variation, the City Manager may measure height at the rear corner of a building upon a finding that such adjustment is necessary to maintain consistency with the goals of the comprehensive plan and the intent of this Ordinance.
2.   
    

8. h.
   Other Height Measures and Exceptions

   1. 1.
      The maximum height of structures may be reduced pursuant to Section 30-5.K, Transitional Standards.
   2. 2.
      Height limits for telecommunications towers and radio and television transmission towers are established by Section 30-4.C.3.i, Telecommunications Towers.
   3. 3.
      Height limits shall not apply to chimneys, church spires, belfries, cupolas, domes, flag poles, monuments, water towers, rooftop dish antennas, or similar appurtenances, provided:

      1. a.
         The appurtenance does not interfere with Federal Aviation Regulations, Part 77, Objects Affecting Navigable Airspace;
      2. b.
         The appurtenance does not extend more than 25 feet above the maximum permitted building height, except as allowed herein;
      3. c.
         The appurtenance does not exceed a maximum height of 200 feet above grade;
      4. d.
         The appurtenance is not constructed for the purpose of providing additional floor area in the building; and
      5. e.
         The appurtenance complies with the screening requirements for mechanical equipment and appurtenances in Article 30-5.B.1.g: Screening.
   4. 4.
      Other Height Measures and Exceptions
      Where the measure of other vertical elements such as light poles has not been defined, the default shall be from the ground to the top of that element unless there are significant topographic changes immediately around the proposed location (within approximately 30’) in which case the height may be reduced by as much as one-half the difference in elevations. The intent is to avoid such measures as from the peak of a narrow berm or an artificially created peak relative to the surrounding area.

(Ord. No. S2012-025, § 6, 11-13-2012; Ord. No. S2014-015, § 3, 8-11-2014)

Effective on: 8/11/2014

1. Fractions
   When computation of the number of required parking spaces results in a fraction, the result shall be rounded upward to the next highest whole number.
2. Different Use Areas
   Except as otherwise provided for in this section, parking shall be calculated separately for each area in a building or on a site that is devoted to a different use, including all accessory uses.
3. Combinations of Uses
   If the City Manager determines that a proposed use represents a combination of uses listed in Table 30-5.A.4.B, Minimum Off-Street Parking Standards, the minimum and maximum parking space standards shall be the sum of those that would apply if the uses were developed separately, unless the City Manager determines that a lower standard would be adequate because of differences in peak operating hours.
4. Parking Based on Seating
   Where the minimum number of off-street parking spaces required in Table 30-5.A.4.B, Minimum Off-Street Parking Standards, is based on the number of seats, all computations shall be based on the design capacity of the areas used for seating.
5. Parking Based on Floor Area
   Except as otherwise provided in this section, where the minimum number of off-street parking spaces required in Table 30-5.A.4.B, Minimum Off-Street Parking Standards, is based on square feet of gross floor area.
6. Parking Based on Employees or Students
   Except as otherwise provided in this section, where the minimum number of off-street parking spaces required in Table 30-5.A.4.B, Minimum Off-Street Parking Standards, is based on the number of employees or students, all computations shall be based on the largest number of persons working on any single shift (for employees) or maximum enrollment (for students), whichever is applicable.
7. On-Street Parking
   Except as otherwise provided in this Ordinance, on-street parking on public or private streets, driveways, or drives shall not be used to satisfy the off-street parking standards of this section.
8. Driveways Used to Satisfy Requirements
   For single-family attached and detached dwellings and two- to four-family dwellings, driveways may be used to satisfy minimum off-street parking standards, provided sufficient space is available to satisfy the standards of Table 30-5.A.4.B, Minimum Off-Street Parking Standards, and Section 30-5.A.5, Parking Standards for Single-Family Development.
9. Determination by City Manager
   The minimum number of parking spaces required for uses not specifically listed in Table 30-5.A.4.B, Minimum Off-Street Parking Standards, shall be determined by the City Manager based on the standards for the closest comparable use or by reference to standard parking resources published by the National Parking Association or the American Planning Association. Alternatively, the City Manager may require the applicant to submit a parking demand study that justifies estimates of parking demand based on the recommendations of the Institute of Traffic Engineers (ITE), and includes relevant data collected from uses or combinations of uses that are the same or comparable to the proposed use in terms of density, scale, bulk, area, type of activity, and location.

Effective on: 11/18/2013

When not otherwise specified in the standards of this ordinance, a required separation between uses shall be calculated by measuring from the nearest wall of the proposed use (or corner of the lot if no building is established) to the nearest wall of the other use.

(Ord. No. S2011-008, § 4, 7-25-2011)

Effective on: 11/18/2013

Abutting

The condition of two adjoining lots having a common property line or boundary including cases where two or more lots adjoin a corner, but not including cases where adjoining lots are separated by a street or alley.

Effective on: 11/18/2013

Accessory Dwelling Unit

A secondary dwelling unit established in conjunction with and clearly subordinate to a principal dwelling unit, whether part of the same structure as the principal dwelling unit, or as a detached structure on the same lot.

Effective on: 11/18/2013

Accessory Structure

A structure that is subordinate in use to a principal structure or permitted use.

Effective on: 11/18/2013

Accessory Use

A use that is customarily incidental, appropriate, and subordinate to the principal use of land or buildings and located on the same lot

Effective on: 11/18/2013

Active Recreation Uses

Uses or structures intended for specific active recreational uses such as play grounds, ball fields, tennis courts and other similar uses typically located in open space set-aside areas.

Effective on: 11/18/2013

Adaptive Reuse

Conversion of an existing building built from one use to another use, typically to address some aspect of physical or functional obsolescence.

(Ord. No. S2014-010, § 1, 6-9-2014)

Effective on: 6/9/2014

Addition

Any walled and roofed expansion to the perimeter of a building that is connected by a common load-bearing wall other than a firewall. Any walled and roofed addition that is connected by a firewall or is separated by an independent perimeter load-bearing wall shall be considered "new construction".

Effective on: 11/18/2013

Adjacent

A lot or parcel of land that shares all or part of a common lot line or boundary with another lot or parcel of land or that is directly across a public street or right-of-way.

Effective on: 11/18/2013

Administrative Adjustment

A permit reviewed and approved, approved with conditions, or denied by the City Manager in accordance with Section 30-2.C.16, Administrative Adjustments.

Effective on: 11/18/2013

Administrative Manual

A document maintained by the City Manager that serves as a user's guide to this Ordinance. The administrative manual contains copies of application forms, fees, schedule and contact information, as well as interpretations of the intent behind standards in this Ordinance.

Effective on: 11/18/2013

Administrative Zoning Permit

Administrative zoning permits are intended to ensure compliance for setbacks, types of uses, height, parking requirements, design, and similar concerns related to specific activities that are specifically regulated by this Ordinance. Administrative zoning permits are not to be confused with other types of zoning-related documents (such as special use and neighborhood compatibility permits) which require legislative approval from the Planning Commission and/or City Council. 

(Ord. No. S2018-007, § 1, 3-26-2018)

Effective on: 3/26/2018

Adult Day Care Center

A program operated in a structure other than a single-family dwelling that provides group care and supervision on a less than 24-hour basis, and in a place other than their usual place of abode, to adults 18 years or older who may be physically or mentally disabled, and which is certified or approved to operate by the State of North Carolina.

Effective on: 11/18/2013

Adult Entertainment

An establishment which by law excludes minors by virtue of the fact that a substantial portion of its business is sexually explicit. Adult entertainment includes any place defined as an "adult establishment" or "sexually oriented establishment" by Section 14-202.10 of the North Carolina General Statutes. Such uses include, but are not limited to, adult arcades, adult book stores, adult video stores, adult theaters (drive-in, picture and min-picture), adult cabarets, massage parlors, or adult entertainment establishments.

Effective on: 11/18/2013

Adverse Impact

A significant negative impact to land, water, associated resources or public facilities resulting from development. The negative impact includes increased risk of flooding; degradation of water quality; increased sedimentation; reduced groundwater recharge; negative impacts on aquatic organisms; negative impacts on wildlife and other resources; inadequate capacity for traffic, potable water, wastewater, police, fire, and EMS services and threatened public health.

Effective on: 11/18/2013

Affected Party

The owners of land adjoining the land subject to an application and any other person who could suffer an adverse effect to a property interest from the proposed development or any other "affected party" as established by the State of North Carolina.

Effective on: 11/18/2013

Aggrieved Party

A person, with a legally recognized interest (i.e., fee simple ownership) and standing to appeal, that is injuriously affected by a decision from any decision-making board of the City, including any officer or agent of the City.

Effective on: 11/18/2013

Agricultural Support and Services

See Section 30-4.B.2.b, Agricultural Support and Services.

Effective on: 11/18/2013

Agriculture

Uses characterized by general active and on-going agricultural activities, including agronomy, animal husbandry, aquaculture, biotechnical agriculture, forestry, fisheries, honey production, horticulture, silviculture (including the harvesting of timber), and similar uses. Agriculture does not include a grocery store or the retail or wholesale sale of products related to the production of agricultural products. Agriculture does not include preparatory functions such as grading or creation of planting beds through stockpiling of dirt or other means when such preparations do not result in an active and on-going agricultural activity within 30 days. Accessory uses may include offices, storage areas and repair facilities related to agriculture uses.

Effective on: 11/18/2013

Aircraft Parts, Sales, and Maintenance

The use of land for the display and sale of, or general repair, rebuilding, or reconditioning of any contrivance now known or hereafter invented for use in or designed for navigation of or flight in air.

Effective on: 11/18/2013

Airport

Any area of land or water designed and set aside for the landing and take-off of aircraft, including all necessary facilities for the housing and maintenance of aircraft.

Effective on: 11/18/2013

Alley

See "Street, Alley".

Effective on: 11/18/2013

Alteration

Any change or expansion in the size, configuration, or location of a structure; or any change or expansion in the use of a structure or lot, from a previously approved or legally existing size, configuration, location, or use.

Effective on: 11/18/2013

Alternative Parking Plan

A plan or other proposal to utilize one or more of the alternative parking provisions in Section 30-5.A.8, Alternative Parking Plans, as a means of providing more off-street parking spaces than typically allowed or fewer spaces than required.

Effective on: 11/18/2013

Amortization

The process through which nonconformities are required to come into compliance with applicable regulations. As an example, a provision requiring nonconforming signs, as determined in Section 30-7.E, Nonconforming Signs, to either become conforming or be removed within a set period of time, otherwise known as the amortization period.

Effective on: 11/18/2013

Amphitheater

See "Arena".

Effective on: 11/18/2013

Animal Grooming

Any place or establishment, public or private, where animals are bathed, clipped, or combed for the purpose of enhancing their aesthetic value and/or health and for which a fee is charged.

Effective on: 11/18/2013

Animal Shelter

A facility that is owned, operated, or maintained by a public board, an established humane society, or other private or nonprofit organization used to house and care for stray, homeless, abandoned, or neglected animals.

Effective on: 11/18/2013

Antenna

A device used to transmit and/or receive radio or electromagnetic waves between land based or orbiting uses.

Effective on: 11/18/2013

Appeal

An appeal of an administrative decision-maker's interpretation or decision reviewed and approved, approved with conditions, or denied by the board designated to hear the appeal (generally the Zoning Commission) in accordance with Section 30-2.C.18, Appeal.

Effective on: 12/14/2015

Applicant

The owner of land, or the authorized representative of the landowner, applying for a development approval or permit.

Effective on: 11/18/2013

Application

The completed form or forms and all accompanying documents, exhibits, and fees required of an applicant by the appropriate City department, board, or commission as part of the review for a development permit or approval.

Effective on: 11/18/2013

Approach Surface Zones

An inclined plane located directly above the approach area to the Fayetteville Regional Airport. The dimensions of the approach area are measured horizontally. The approach areas for each particular runway are symmetrically located with respect to the extended runway center lines and have lengths and widths as indicated on the Airport Airspace Plan contained within the 2005 Fayetteville Regional Airport Master Plan, Sheet Number 6, or any subsequent amendment upon official adoption to the Airport Master Plan. The Airport Airspace Plan also shows the slopes of the respective approach surface zones.

Effective on: 11/18/2013

Arboretum

A place where trees, shrubs, or other woody plants are grown, exhibited or labeled for scientific, educational, or passive recreational purposes, not including the harvest of plants or their produce.

Effective on: 11/18/2013

Arborist, Certified

A person who is licensed (combination of either a professional certification or International Society of Arboriculture Certified Arborist) to perform arboricultural work in the City.

Effective on: 11/18/2013

Architectural Lighting

Exterior lighting that is designed to highlight structures, plantings, or significant architectural features in a direct or indirect fashion.

Effective on: 11/18/2013

Arena

A building or structure designed or intended for use for spectator sports, entertainment events, expositions, and other public gatherings. Such uses may or may not include lighting facilities for illuminating the field or stage area, concessions, parking facilities, and maintenance areas.

Effective on: 11/18/2013

Art Gallery

An establishment engaged in the sale, loan, or display of art books, paintings, sculpture, or other works of art.

Effective on: 11/18/2013

As-Built Plans

A set of engineering or site drawings that delineate the specific permitted development as actually constructed.

Effective on: 11/18/2013

Assessed Value

The monetary price that a parcel of land, portion of land, improvement on land, or other commodity is assigned by the Cumberland County Property Appraiser's office for the purposes of taxation.

Effective on: 11/18/2013

Assisted Living Facility

A building, section or distinct part of a building, private home, boarding home, home for the aged, or other residential facility, whether operated for profit or not, which undertakes through its ownership or management to provide housing, meals, health care assistance, and one or more personal services for a period exceeding 24 hours to one or more adults who are not relatives of the owner or proprietor. Accessory uses may include dining rooms and infirmary facilities for intermediate or skilled nursing care solely for the use of the occupants residing in the principal facility.

Effective on: 11/18/2013

Avigation Easement

An easement, recorded with the Cumberland County Register of Deeds, intended to protect property owners and residents of properties in close proximity to the Fayetteville Regional Airport and by providing for the free and unobstructed passage of aircraft in and through the air space above said properties thus providing for the safe, convenient and reasonable operation of the airport.

Effective on: 11/18/2013

Auditorium

A building or structure designed or intended for use for spectator sports, entertainment events, expositions, and other public gatherings, all occurring inside a structure typically limited to a capacity of 500 or fewer seats.

Effective on: 11/18/2013

Authorized Agent

A person with express written consent to act upon another person's behalf.

Effective on: 11/18/2013

Automated Teller Machine (ATM)

An automated mechanized consumer banking device operated by a financial institution for the convenience of its customers, whether inside or outside of a financial institution, or located in a structure unrelated to the financial institution operating it. Such uses may not serve as the principal use of a parcel of land or site.

Effective on: 11/18/2013

Auto-Oriented Business

An auto-oriented business is one that utilizes drive through access and services such as drug stores, fast food, financial institutions as well as tire and oil change facilities and gas stations. As such, a substantial portion of clients of these business arrive by automobile.

Effective on: 11/18/2013

Automotive Painting/Body Shop

Repair of automobiles, vehicles, or trailers, including bodywork, framework, welding, and major painting service.

Effective on: 11/18/2013

Automotive Parts and Installation

The on-site sale and subsequent installation of various automobile parts and accessories, including but not limited to tires, mufflers, brakes, batteries, audio systems, and lubricants such as engine oil. Such uses do not include the sale of gasoline or other fuels.

Effective on: 11/18/2013

Automotive Sales or Rentals

Premises on which new or used passenger automobiles, trailers, recreational vehicles, or light trucks in operating condition are displayed for sale, lease, or rental.

Effective on: 11/18/2013

Automotive Repair and Servicing

General repair, rebuilding, or reconditioning of engines, motor vehicles, or trailers, not including bodywork, framework, welding, and major painting service.

Effective on: 11/18/2013

Automotive Wrecker Service

An establishment operated for the purpose of temporary storage on-site of no more than nine wrecked or inoperable vehicles for a period no longer than 90 days. If an establishment has ten or more inoperable vehicles located on-site, stores inoperable vehicles for more than 90 days, stacks vehicles, or portions of the vehicles are dismantled or removed for sale, it shall be considered a salvage and junkyard.

Effective on: 11/18/2013

Awning

A shelter projecting from and supported by the exterior wall of a building constructed of non-rigid materials on a supporting framework.

Effective on: 11/18/2013

Axis

The centerline of a structure that divides the structure into two halves.

Effective on: 11/18/2013

Bakery

An establishment primarily engaged in the retail sale of baked goods for consumption on or off site. The baked products may be prepared either on or offsite.

Effective on: 11/18/2013

Bar or Cocktail Lounge

An establishment having as its principal or predominant use the serving of beer, wine, or liquor for consumption on the premises, and which sets a minimum age requirement for entrance, consistent with state law. The primary source of revenue for such use is derived from alcohol sales, and the secondary source from the serving of food. Such uses may also provide on-site entertainment in the form of live performances, dancing, billiards, or other entertainment activities. Performances related to the display of specified anatomical areas (as defined by Section 14-202.10 of the North Carolina General Statutes ) are classified as Adult Entertainment uses.

Effective on: 11/18/2013

Bed and Breakfast Inn

A private residence, generally a single-family residence, engaged in renting one or more dwelling rooms on a daily basis to tourists, vacationers, and business people, where provision of meals is limited to breakfast for guests only.

Effective on: 11/18/2013

Bedroom

A fully enclosed interior room as labeled on the building plan and permit application, which has, as a minimum, a doorway and a window, and which complies with the applicable state Code(s).

Effective on: 1/1/1901

Berm

An elongated earthen mound typically designed or constructed on a site to separate, screen, or buffer adjacent uses.

Effective on: 11/18/2013

Block

A parcel of land entirely surrounded by streets or by any combination of streets, parks or railroad right-of-way.

Effective on: 11/18/2013

Block Face

The lands abutting on one side of a street and lying between the two nearest intersecting or intercepting streets, railroad right-of-way, watercourse, or un-subdivided land.

Effective on: 11/18/2013

Blood/Tissue Collection Facility

A facility where blood or related materials are either withdrawn or collected from patients or assembled after being withdrawn or collected elsewhere from patients for subsequent delivery to a clinical laboratory for examination. A collection facility is maintained at a separate physical location not on the grounds or premises of the main licensed laboratory or institution which performs the testing.

Effective on: 11/18/2013

Board of Adjustment

A quasi-judicial board appointed by the City Council.  This board was merged with the Zoning Commission by Council ordinance S2015-018 adopted 12/14/2015.

Effective on: 12/14/2015

Boat and Marine Rental and Sales

Premises on which new or used boats and other marine vessels are displayed for sale, lease, or rental.

Effective on: 11/18/2013

Body Piercing

Any method of piercing of the human skin of one person by another person with the intention of inserting any object including but not limited to jewelry. The term body piercing shall also include any process of marking or disfiguring the skin or other tissue of any person by branding or scarification but shall not include the piercing of the ear by an ear-piercing gun designed solely for that purpose; or physician-authorized surgical procedures. This definition of body piercing includes that process commonly referred to as implantation.

Effective on: 11/18/2013

Bonding

The process whereby a subdivider, owner, or developer of land posts a performance guarantee, in a form to be determined by the City Attorney's office that is available for use by the City to install and/or repair required public or private improvements agreed to as part of the Site Plan or Subdivision, or other permit approval if the subdivider, owner, or developer fails to install or repair such facilities.

Effective on: 11/18/2013

Borrow Pit

Any place or premises where dirt, soil, sand, gravel, or other material is removed below the grade of surrounding land, for any purpose other than that necessary and incidental to site grading or building construction.

Effective on: 11/18/2013

Botanical Garden

A garden having documented collections of living plants for the purposes of scientific research, conservation, display, or education.

Effective on: 11/18/2013

Breakpoint Technology

The engineering design of a monopole wherein a specified point on the monopole is designed to have stresses concentrated so that the point is at least five percent more susceptible to failure than any other point along the monopole so that in the event of a structural failure of the monopole, the failure will occur at the breakpoint rather than at the base plate, anchor bolts, or any other point on the monopole.

Effective on: 11/18/2013

Brewery

A facility that produces at least 15,000 barrels (17,600 hectoliters) of beer per year with 75 percent or more of its beer sold off-site. Breweries may include retail and food service as an accessory use and a tasting room if permitted under State law. Also see "Brewpub" and "Microbrewery".

(Ord. No. 2017-009, § 1, 6/26/2017)

Effective on: 6/26/2017

Brewpub 

See "Restaurant, brewpub"

Effective on: 8/24/2015

Buffer, Perimeter

Vegetative material and structures (i.e., walls, fences) that are used to separate uses from each other as required by this Ordinance, including but not limited to the Type A Basic, Type B Aesthetic, Type C Semi-opaque, and Type D Opaque described in Section 30-5.B.4.d, Property Perimeter Lanscape.

Effective on: 11/18/2013

Building

Any structure used or intended for supporting or sheltering any use or occupancy.

Effective on: 11/18/2013

Building Façade

See "Façade."

Effective on: 11/18/2013

Building Footprint

The area of a lot or parcel of land included within the surrounding exterior walls and/or outermost projection of the roof of a building or portion of a building, exclusive of courtyards.

Effective on: 11/18/2013

Building, Heating, Plumbing, or Electrical Contractor

Offices for building, heating, plumbing, or electrical contractors, and related storage facilities.

Effective on: 11/18/2013

Building Permit

A permit reviewed and approved, approved with conditions, or denied by the City Manager in accordance with Section [@@9372], Building Permit.

Effective on: 11/18/2013

Building Setback Line

A line located at the termination of a required yard.

Effective on: 11/18/2013

Building Wall

The entire surface area, including windows and floors, of an exterior wall of a building.

Effective on: 11/18/2013

Bulb-Out

A rounded portion of a sidewalk that extends out into a street to provide safe haven for pedestrians seeking to cross the street.

Effective on: 11/18/2013

Caliper

A horticultural method of measuring the diameter of a tree trunk for the purpose of determining size. The caliper of the trunk is measured six inches above the ground for trees up to and including four inches in diameter, 12 inches above the ground for trees greater than four inches and up to ten inches in diameter, and diameter at breast height (four and one-half feet) for trees ten inches or greater in diameter. Trees with multiple trunks should be treated as multiple trees and the DBH for each trunk added to aggregate diameter measurement.

Effective on: 11/18/2013

Campground

An outdoor facility designed for overnight accommodation of persons in tents, rustic cabins, and shelters for recreation, education, naturalist, or vacation purposes. Office, retail, and other commercial uses commonly established in such facilities and related parking structures shall be allowed as accessory appurtenances.

Effective on: 11/18/2013

Canopy

A permanent structure other than an awning made of cloth, metal or other material attached or unattached to a building for the purpose of providing shelter to patrons or automobiles, or as a decorative feature on a building wall. A canopy is not a completely enclosed structure.

Effective on: 11/18/2013

Canopy Tree

A tree that has an expected height at maturity greater than 30 feet and which produces significant shade because it has a crown that is oval, round, vase-shaped, or umbrella-shaped.

Effective on: 11/18/2013

Caretaker’s Quarters

An accessory dwelling unit located on the premises of another principal use for the occupancy of a caretaker, security guard, or other person charged with oversight and/or protection of the principal use.

Effective on: 11/18/2013

Car Port

A roofed structure not more than 75 percent enclosed by walls and attached to or adjacent to the principal structure that is provided for the purpose of sheltering one or more motor vehicles.

Effective on: 11/18/2013

Car Wash Auto Detailing

An establishment providing the exterior washing of vehicles where vehicles are manually driven or pulled by a conveyor through a system of rollers and/or brushes. Interior cleaning and/or drying may be conducted manually by vehicle operator or on-site attendants. Automatic car wash establishments are further defined under the two following categories:

1. Full service: An establishment featuring a conveyor system to move vehicles through the wash cycle. This type of car wash may include sales of gasoline, oil and other vehicle related merchandise. On-site attendants are required. Building size is limited by lot size, parking requirements, building and landscape setbacks or other site characteristics.
2. Self service: An establishment featuring a car wash system where vehicles are manually driven through a wash cycle, or washed manually using a wand or other hose. Incidental interior cleaning and exterior drying are performed by vehicle operator. This type of car wash does not have an on-site attendant and there is no gasoline, oil or other merchandise for sale.

Effective on: 11/18/2013

Casualty Damage

Damage to a use, lot, or structure from an event that is sudden, unexpected, and unusual, such as a hurricane, earthquake, fire, flood, theft, or similar event.

Effective on: 11/18/2013

Cemetery, Columbarium, Mausoleum

Uses intended for the burial of the dead and dedicated for cemetery purposes. This Use Type may include a funeral home or mortuary or a mausoleum or columbarium (a structure or vault lined with recesses for cinerary urns), but does not include a crematory.

Effective on: 11/18/2013

Certificate of Appropriateness

A permit reviewed and approved, approved with conditions, or denied by the Historic Resources Commission in accordance with Section 30-2.C.8, Certificate of Appropriateness.

Effective on: 11/18/2013

Certificate of Occupancy

A document issued by the City Manager allowing the occupancy or use of a building and certifying that the structure or use has been constructed or will be used in compliance with this Ordinance and all other applicable regulations.

Effective on: 11/18/2013

Change of Use

The change in the use of a structure or land, for which a certificate of occupancy is required. Change of use shall include a change from one use to another use in the list(s) of permitted uses, and shall also include a change from one permitted use to another permitted use within any broad category of uses, such as from one permitted use listed in the commercial use category to another permitted use listed in the commercial use category, as herein defined.

Effective on: 11/18/2013

Changeable Copy

A copy that is or can be changed manually in the field or through mechanical or electronic means; e.g., reader boards with changeable letters.

Effective on: 11/18/2013

Child Care Center (Non-Resident)

A commercial or non-profit use licensed by the State where, at any one time, three or more children under the age of 13 receive child care in a building other than a residence on a regular basis from persons other than their guardians, full-time custodians, or persons related to them by blood, marriage, or adoption. Such uses may also involve the provision of educational services in preparation for elementary school. This definition does not include incidental child care, cooperative arrangements among parents, or drop-in or short-term child care provided while parents work part-time or participate in other activities on the premises (e.g., churches, shopping malls, hotels, health spas).

Effective on: 11/18/2013

Child Care, Incidental

A program or arrangement, licensed by the State and located in the provider's residence where, at any one time, 12 or fewer children under the age of 13, receive child care on a regular basis from persons other than their guardians, full-time custodians, or persons related to them by blood, marriage, or adoption. This type of facility is also referred to as an incidental home occupation and may include the State defined family child care home and child care center in a residence. This definition does not include day care centers, cooperative arrangements among parents (See Section 110-86 of the North Carolina General Statutes.).

Effective on: 11/18/2013

Citation

As used in Article 30-8: Enforcement, a formal notice to a person that he or she is charged with a violation of this Ordinance, and that penalty is due.

Effective on: 11/18/2013

City

The City of Fayetteville, North Carolina

Effective on: 11/18/2013

City Council

The City Council of the City of Fayetteville, North Carolina.

Effective on: 11/18/2013

City Manager

The City Manager for the City of Fayetteville, North Carolina. The City Manager is the official responsible for administering the provisions of this Ordinance. The City Manager may delegate any decision or review authority to any professional-level staff, and may delegate any administrative duties to any staff as appropriate.

Effective on: 11/18/2013

Clear-Cutting

Harvesting, clearing, or removal of all or the majority of existing trees located on a lot or site.

Effective on: 11/18/2013

Clear-Cutting Permit

A permit authorizing the removal of trees approved, approved with conditions, or denied by the City Manager in accordance with Section 30-2.C.9, Clear-Cutting Permit.

Effective on: 11/18/2013

Clothes Line

A rope or wire on which clothes, linens, or other fabrics are hung for drying or airing.

Effective on: 11/18/2013

Club or Lodge

A building and related facilities owned and used on a regular or recurring basis for fraternal, social, educational, recreational, or cultural enrichment of its members, and whose members meet certain prescribed qualifications for membership.

(Ord. No. S2014-020, § 1, 11/24/2014)

Effective on: 11/24/2014

Cold Storage Plant

A building, structure, machinery, appurtenances, appliances and apparatus occupied and used in the business of freezing food products or storing frozen food products.

Effective on: 11/18/2013

College or University

A public or private, non-profit institution for post-secondary education offering courses in general or technical education which operates within buildings or premises on land owned or leased by the institution for administrative and faculty offices, classrooms, laboratories, chapels, auditoriums, lecture halls, libraries, student and faculty centers, athletic facilities, dormitories, fraternities and sororities, and other facilities which further the educational mission of the institution. In no event shall this definition prohibit a college or university from engaging in an activity historically conducted by such institutions. Trade or vocational schools are a different Use Type.

Effective on: 11/18/2013

Commercial Recreation, Indoor

A private indoor (entirely within an enclosed structure) use providing for sport and recreation activities that are operated or carried on primarily for financial gain. Examples of indoor commercial recreation uses include, but are not limited to, fitness centers, bowling alleys, dancehalls, skating rinks, indoor commercial swimming pools, and racquet and tennis club facilities (indoor).

Effective on: 11/18/2013

Commercial Recreation, Outdoor

A private outdoor use providing facilities for sport activities, which is operated or carried on primarily for financial gain, outdoors. Examples of outdoor commercial recreation uses include, but are not limited to, privately owned golf driving ranges, miniature golf facilities, outdoor commercial tourist attractions, and privately owned active sports facilities such as ball fields and basketball courts, racquet and tennis club facilities (outdoor), and drive-in theatres.

Effective on: 11/18/2013

Common Open Space

Portion of a proposed development required for reservation as permanent open space by Section 30-5.C, Open Space Dedication.

Effective on: 11/18/2013

Community Center

A public building to be used as a place of meeting, recreation, or social activity and not operated for profit.

Effective on: 11/18/2013

Community Forest

All street, public and park trees within the City as a total resource.

Effective on: 11/18/2013

Community Forest Manager

The official representative of the tree board, and as such, is responsible for administration of the community forestry program. The community forest manager shall be appointed by the City Manager, or his designee.

Effective on: 11/18/2013

Community Garden

A private or public facility for cultivation of fruits, flowers, vegetables, or ornamental plants by more than one person.

Effective on: 11/18/2013

Community Water Supply (or) Community Septic System

Utilities for the provision of potable water or treatment of wastewater, which are not connected to the public utility network, and which are usually intended to serve individual developments. Such systems typically connect all dwelling units within the development to a centralized utility facility also located within the development.

Effective on: 11/18/2013

Comprehensive Plan

The comprehensive plan adopted by the City Council. Also know as the 2030 Growth Vision Plan. For the purposes of this Ordinance, the comprehensive plan includes the various functional and small area plans adopted by the City Council.

Effective on: 11/18/2013

Conditional Rezoning

The classification of land on the Official Zoning Map subject to conditions of approval proposed by an applicant that are accepted or denied by the City Council in accordance with Section 30-2.C.4, Conditional Rezoning.

Effective on: 11/18/2013

Condominium

A development containing individually owned dwelling units and jointly owned and shared areas and facilities that is subject to the North Carolina Unit Ownership Act (North Carolina General Statutes Section Ch. 47A) or the North Carolina Condominium Act (North Carolina General Statutes Section Ch. 47C).

Effective on: 11/18/2013

Conference or Training Center

A facility designed to accommodate less than 500 persons and used for conferences, seminars, product displays, recreation activities, and entertainment functions, along with accessory functions including temporary outdoor displays, and food and beverage preparation and service for on-premise consumption.

Effective on: 11/18/2013

Conical Surface Zone

An area that extends upward and outward from the periphery of the horizontal surface zone with a slope of 20:1 measured in a vertical plane passing through the Fayetteville Regional Airport reference point. Measuring outward, from the periphery of the horizontal surface zone, the conical surface extends for a horizontal distance as shown on the Airport Airspace Plan contained within the 2005 Fayetteville Regional Airport Master Plan, Sheet Number 6, or in any subsequent amendment upon official adoption to the Airport Master Plan.

Effective on: 11/18/2013

Connectivity

The relative degree of connection between streets, sidewalks, or other means of travel.

Effective on: 11/18/2013

Conservation Subdivision

The division of a tract of land into two or more lots, building sites, or other divisions along with additional land area set aside as open space for conservation and/or recreation purposes in accordance with Section 30-2.C.6, Subdivisions, and Section 30-6.D, Conservation Subdivision.

Effective on: 11/18/2013

Contiguous

Abutting directly or immediately adjacent to a boundary or separated only by a street, railroad or public utility right-of-way.

Effective on: 11/18/2013

Continuous Visual Screen

Screening of vehicular use areas by vegetative material, berms, or structures (walls and fences), or a combination of these items designed to completely obstruct off-site views of the vehicular use area typically to a height three feet or 36 inches above the adjacent grade.

Effective on: 11/18/2013

Construction

The erection of any building or structure or any preparations (including land disturbing activities) for the same.

Effective on: 11/18/2013

Convenience Store

A retail establishment which offers for sale, primarily, the following types of articles: bread, milk, cheese, canned and bottled foods and drinks, tobacco products, beer, wine, candy, papers and magazines, and general hardware articles. Fast food may also be offered for sale but only as a secondary activity of a convenience store, and drive-thru service for the fast food is permitted only when gas sales is also a permitted secondary activity. If vehicular maintenance and service are provided, the establishment is not classified as a convenience store.

(Ord. No. S2014-015, §2a, 8-11-2014)

Effective on: 8/11/2014

Convention Center

A facility designed to accommodate 500 or more persons and used for conventions, conferences, seminars, product displays, recreation activities, and entertainment functions, along with accessory functions including temporary outdoor displays, and food and beverage preparation and service for on-premise consumption. Similar structures with a capacity of less than 500 people are auditorium or conference center uses.

Effective on: 11/18/2013

Cornice

Any horizontal member, structural or nonstructural, of any building, projecting outward from the exterior walls at the roof line, including eaves and other roof overhang.

Effective on: 11/18/2013

Corporate Headquarters

A use that contains the functions necessary to direct the corporate management and policymaking of an multinational-, national-, or multistate-registered corporation, such as senior management, strategic planning, corporate communications, marketing, finance, human resources, and/or information technology.

Effective on: 11/18/2013

Correctional Facility

Publicly or privately operated facilities housing persons awaiting trial or persons serving a sentence after being found guilty of a criminal offense. Such uses may include cafeterias, housing for facility staff, outdoor storage and maintenance areas, recreational areas, agricultural facilities, and facilities for the production of goods or materials produced for sale.

Effective on: 11/18/2013

Cottage development

A cluster of small detached single family residences constructed to specific design standards and arranged around common open space, generally at higher density than the underlying zoning would allow for traditional detached single family residential development.

(Ord. No. S2014-012, § 1, 8-11-2014)

Effective on: 8/11/2014

Cottage home

A small detached single family residence constructed to specific design standards and arranged around common open space as part of a cottage development.

(Ord. No. S2014-012, § 1, 8-11-2014)

Effective on: 8/11/2014

County

Cumberland County, North Carolina.

Effective on: 11/18/2013

Crematory

A facility containing furnaces for the reduction of dead bodies to ashes by fire.

Effective on: 11/18/2013

Critical Root Zone

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 (DBH) taken at four and one-half feet above grade.

Effective on: 11/18/2013

Cross Access

Vehicular access provided between the vehicular use areas of two or more development sites or parcels of land intended to allow travel between the sites without the use of a public or private street.

Effective on: 11/18/2013

Crosswalkway

A right-of-way dedicated to public use which cuts across a block to facilitate pedestrian access to adjacent streets and properties.

Effective on: 11/18/2013

Cul-De-Sac

A short street having but one end open to traffic and the other end being permanently terminated by a vehicular turnaround.

Effective on: 11/18/2013

Cultural Facility

An establishment such as a zoological garden, conservatory, planetarium, or other similar use of an historic, educational, or cultural interest, which is not operated for profit.

Effective on: 11/18/2013

Cupola

A domelike structure on top of a roof or dome, often used as a lookout or to admit light and air.

Effective on: 11/18/2013

Day Resource Center

A daytime support center that provides services to members of the community; such services may include counseling, guidance, vocational training, and life skills training, as well as hygiene facilities such as showers and laundry machines.

Effective on: 1/1/1901

Density, Gross

The number of dwelling units on the entire area of a parcel. See Section 30-9.B.1.d, Gross Residential Density Measurement.

Effective on: 11/18/2013

Design Guidelines for Fayetteville's Historic Districts and Local Landmarks

A document setting out the requirements for maintenance and renovation of historic structures within the Historic/Landmark Overlay (HLO) District.

Effective on: 11/18/2013

Developable Area

The portion of a site that excludes public or private rights-of-way, delineated wetlands or floodways, publicly-dedicated parks or open space, stormwater detention areas serving more than one property and other areas where development is precluded by natural features or public use.

Effective on: 11/18/2013

Developer

The legal or beneficial owner or owners of a lot or of any land included in a proposed application for development permit or approval, including the holder of an option or contract to purchase or other persons having enforceable proprietary interests in such land.

Effective on: 11/18/2013

Development

The initiation, construction, change, or enlargement of any use or structure, the disturbance of land through the removal of trees or ground cover, or the division of land into two or more parcels. "Development" shall include, but not be limited to, the following:

• Construction or enlargement of a building or structure; Change in the type of use of a building, structure, or land;
• Material increase in the intensity of use of land, such as an increase in the number of businesses, offices, manufacturing establishments, or dwelling units located in a building or structure or on the land;
• Commencement or expansion of resource extraction, agricultural, horticultural, or forestry activities on a parcel of land;
• Demolition of a structure or the removal of trees from a parcel of land; Deposition of refuse, solid or liquid waste, or fill on a parcel of land;
• Alteration, either physically or chemically, of the shore, bank, or channel of any stream, lake, or other body of water or alteration of any wetland; and
• Any land disturbing activity that adds to or changes the amount of impervious or partially impervious cover on a land area or which otherwise decreases the infiltration of precipitation into the soil.

Effective on: 11/18/2013

Development Agreement

An agreement entered into between the City and a landowner in accordance with Section 30-2.C.20, Development Agreement.

Effective on: 11/18/2013

Diameter at Breast Height (DBH)

The measurement of the diameter of a tree trunk over ten inches in diameter taken at a height of four-and-one-half feet above the ground. Trees with multiple trunks should be treated as multiple trees and the DBH for each trunk added to aggregate diameter measurement.

Effective on: 11/18/2013

Dinner Theater

An eating establishment offering food to patrons while seated at tables or through a buffet line before, during, or after a performance by one or more actors in a theatrical production.

Effective on: 11/18/2013

Diseased Trees

Those trees that may constitute a hazard to life and property or harbor insects or disease which represent a potential threat to other trees within the City.

Effective on: 11/18/2013

Distillery

An establishment primarily engaged in on-site distillation of more than 50,000 US gallons/year of spirits and may include retail and food service as an accessory use and a tasting room if permitted under State law. Also see "Microdistillery".

(Ord. No. 2017-009, §1, 6/26/2017)

Effective on: 6/26/2017

District

An area delineated on the Official Zoning Map which sets forth standards and guidelines for all development within the prescribed district.

Effective on: 11/18/2013

District, Overlay

A zoning district that encompasses one or more underlying zoning districts and that imposes additional requirements above that required by the underlying zoning district.

Effective on: 11/18/2013

DNL

The A-weighted average day/night sound level in decibels during a 24-hour period.

Effective on: 11/18/2013

Dog Park

A recreational feature primarily intended for the exercise of pets.

Effective on: 11/18/2013

Dormitory

A building used principally to provide rooms for sleeping accommodations at an educational, public, or religious institution. Common kitchen, sanitary, and social gathering rooms may also be provided.

Effective on: 11/18/2013

Drainage

General terms applied to the removal of surface or resurface water from a given area either by gravity via natural means or by systems constructed so as to remove water, and is commonly applied herein to surface water.

Effective on: 11/18/2013

Drainage, Positive

An area that has been graded or shaped to prevent pooling of stormwater runoff.

Effective on: 11/18/2013

Dripline

A vertical line that extends from the outermost branches of a tree's canopy to the ground around the circumference of the tree.

Effective on: 11/18/2013

Drive-Through

A facility designed to enable a person to transact business while remaining in a motor vehicle.

Effective on: 11/18/2013

Drug and Alcohol Treatment Facility

Inpatient facility which provides care for persons with drug and/or alcohol dependency problems and which may include outpatient follow-up care to the facility's patients.

Effective on: 11/18/2013

Drug Store or Pharmacy (with Drive Through)

A freestanding establishment including one or more drive through lanes for customer service that is engaged in the retail sale of prescription drugs, nonprescription medicines, cosmetics, and related supplies.

Effective on: 11/18/2013

A building that contains one or more dwelling units used, intended or designed to be used, rented, leased, let or hired out to be occupied for living purposes.

Effective on: 1/1/1901

Dwelling, Live/Work

A structure or portion of a structure combining a dwelling unit for one or more persons with an integrated work space principally used by one or more of the residents. May also be referred to as Live/Work Unit, particularly in more commercially-oriented developments where the dwelling portion may be a small percent of the area.  

Effective on: 11/18/2013

Dwelling, Modular Home

A building that contains one or two dwelling units and that was fabricated in a facility and bears a third party certification label that certifies the modular was constructed and inspected by the third party inspections agency and conforms to the North Carolina Modular Construction Program and the North Carolina Building Code. 

Effective on: 11/21/2017

Dwelling, Multi-Family

A building containing five or more individual dwelling units, with the units often stacked one above the other in a vertical configuration, sharing common vertical walls and/or horizontal floors and ceilings.

Effective on: 11/18/2013

Designed to provide flexible and consistent alternative development to conventional single-family residential subdivision. Allows for the construction of multiple single-family detached dwellings on an individual lot without requiring subdivision into individual parcels for each dwelling. The use is subject to development standards.

Effective on: 1/1/1901

Dwelling, Single-Family, Attached

Two or more single-family dwelling units, each with its own outside entrance and individual lot, which are joined together by a common or party wall which is shared by two or more individual dwelling units along the lot line.

Effective on: 11/18/2013

Dwelling, Single-Family, Detached

A building containing not more than one dwelling unit to be occupied by one family, not physically attached to any other principal structure. For regulatory purposes, this term does not include manufactured homes, recreational vehicles, or other forms of temporary or portable housing. Modular buildings constructed for use as single-family dwelling units are treated similar to single-family detached dwellings.

Effective on: 11/18/2013

Dwelling, Two- to Four-Family

A building containing two, three, or four individual dwelling units located on a single lot. Such units may be part of a single structure, or may be attached by one or more common walls.

Effective on: 11/18/2013

Dwelling, Upper Story

A dwelling unit located on the second floor or higher of a building with nonresidential uses located on the ground or street level.

Effective on: 11/18/2013

A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

Effective on: 1/1/1901

Easement

A grant by a landowner to another landowner or to the public, for the right to occupy or use designated land for specific purposes, such as access, drainage, conservation, the location of public improvements, or other specified purpose. An easement does not constitute fee simple ownership of the land.

Effective on: 11/18/2013

Eave

The projecting lower edges of a roof that overhangs the wall of a building.

Effective on: 11/18/2013

Electric Motor Repair

An establishment that repairs electric motors for compensation.

Effective on: 11/18/2013

Electronic Gaming Operation

Any business enterprise, whether as a principal or accessory use, where persons utilize electronic machines, including, but not limited to, computers and gaming terminals, to conduct games, including sweepstakes, where cash, merchandise or other items of value are redeemed or otherwise distributed, whether or not the value of such distribution is determined by electronic games played or by predetermined odds. This does not include any lottery approved by the State of North Carolina, electronic video game establishments as defined by N.C.G.S. 105-66.1, or any nonprofit operation that is otherwise lawful under state law, such as, for example, church or civic fundraisers.

Effective on: 11/18/2013

Elevation

The front, side, or rear of a structure.

Effective on: 11/18/2013

Encroachment

The portion of a structure or activity that intrudes into a required setback, public right-of-way or easement.

Effective on: 11/18/2013

Entertainment Establishment

Indoor continuous entertainment activities such as game arcades, video and pinball parlors, pool halls, indoor firing ranges, and similar types of uses.

Effective on: 11/18/2013

Energy Recovery Plant

Any public or private recovering facility for electricity, natural gas, petroleum, coal, or other source of energy.

Effective on: 11/18/2013

Equestrian Facility

A use associated with the keeping of horses or ponies as domesticated animals or pets. Such uses include stalls, feeding areas, paddocks, haylofts, corrals, and other similar outdoor exercise/instruction/ performance areas.

Effective on: 11/18/2013

Erect

To assemble, build, construct, raise, install, attach, hang, place, suspend, affix, post, create, paint, draw, apply or in any other way bring into being or establish.

Effective on: 11/18/2013

Erosion

The wearing away of land surface by the action of wind, water, gravity, ice, or any combination of those forces.

Effective on: 11/18/2013

Existing Development

Structures, buildings, site specific plan or other projects that are completely built or that at a minimum have established a vested right as of the effective date of this Ordinance based on at least one of the following being satisfactorily proven to the Development Services Department for the specific development in question:

• Substantial expenditures of resources (time, labor, money) based on a good faith reliance upon having received a valid local government approval to proceed with the development, or
• Having an outstanding valid building permit as authorized by North Carolina General Statutes Sections 160D-108 and 160D-108.1 and North Carolina General Statutes Section 160A-385.1, or
• Having an approved site-specific vesting plan or multi-phased development plan as authorized by North Carolina General Statutes Sections 160D-108 and 160D-108.1

Effective on: 11/18/2013

Expansion

An increase in the size of an existing structure or use, including physical size of the land, building, parking, and other improvements or structures.

Effective on: 11/18/2013

Extractive Industry

A use involving on-site extraction of surface or subsurface mineral products or natural resources. Typical uses are quarries, borrow pits, sand and gravel operations, mining, and soil mining. Specifically excluded from this use is grading and removal of dirt associated with an approved site plan or subdivision or excavations associated with, and for the improvement of, a bona fide agricultural use.

Effective on: 11/18/2013

Façade

The entire exterior wall of a building facing a lot line measured from the grade to the eave or highest point of a flat or mansard roof. Façades may be on the front, side, or rear elevation of the building.

Effective on: 11/18/2013

Facing and Surface

The surface of a sign upon, against or through which the message is displayed or illuminated on the sign.

Effective on: 11/18/2013

Fair Market Value

The monetary price that a parcel of land, portion of land, improvement on land, or other commodity will bring in a competitive and open market under all conditions of a fair sale, the buyer and seller each prudently knowledgeable, and assuming the price is not affected by undue stimulus.

Effective on: 11/18/2013

Family

An individual, or two or more persons related by blood, marriage, or adoption living together as a single housekeeping unit; or a group of not more than five persons not related by blood, marriage, or adoption living together as a single housekeeping unit, as in a family care home.

Effective on: 11/18/2013

Farm Market

An occasional or periodic market held in a structure or open area where farmers sell their produce or farm products.

Effective on: 11/18/2013

Farm Produce Stand

See "Produce Stand".

Effective on: 11/18/2013

Feather Flag A freestanding advertising device consisting of a mounting device, a pole, and a weather-resistant material that contains text, photos, or designs intended to increase awareness of a business entity or event. Feather flags are also known as bow flags, sails, and blade signs.

Effective on: 1/1/1901

Federal-Aid Primary Highway System

Those highways within the state system, as designated by the state, which have been approved by the Secretary of Transportation pursuant to 23 USC 103(b). This system in most cases includes the routes designated as "US" routes, major "NC" routes and certain secondary routes.

Effective on: 11/18/2013

Fence

A structure used to delineate a boundary or act as a barrier or means of protection, confinement, or screening.

Effective on: 11/18/2013

Financial Institution

An establishment that provides retail banking services, mortgage lending, or similar financial services to individuals and businesses. Financial institutions include those establishments engaged in the on-site circulation of cash money and check-cashing facilities, but shall not include bail bond brokers. Financial institutions may also provide Automated Teller Machines (ATM) services, located within a fully enclosed space or building, or along an exterior building wall intended to serve walk-up customers only. Financial institutions may include drive-through facilities.

Effective on: 11/18/2013

Fire or EMS Facility

A facility for the provision of local rapid response emergency services such as firefighting and mobile medical emergency services, including areas for the storage and maintenance of emergency vehicles, and equipment and facilities for the housing and feeding of emergency personnel while on duty.

Effective on: 11/18/2013

Fire or Police Substation

Any building or part of a building that is designated by the Chief of Police or the Sheriff to be used as a police or sheriff's station or substation and at which duly authorized officers perform law enforcement functions.

Effective on: 11/18/2013

Flea Market

A market held in an open area or structure where individual sellers offer goods for sale to the public. Such sellers may set up temporary stalls or tables for the sale of their products. Such sales may involve new and/or used items and may include the sale of fruits, vegetables, and other edible items. A farmer's market, where food items predominate, is different than a flea market. This also differs from a garage sale or yard sale that is conducted on a residentially developed lot by members of a household, or civic groups selling primarily donated items.

Effective on: 11/18/2013

Floodplain

Areas including and contiguous with lakes, streams, other bodies of water, as well as inland depressional areas whose elevation is equal to or lower than the projected 100-year flood elevation.

Effective on: 11/18/2013

Floodway

The channel of a river, stream, or other watercourse and the adjacent land areas that must be reserved from development in order to discharge the waters associated with the base flood without cumulatively increasing the water surface elevation by one foot.

Effective on: 11/18/2013

Floor

The top surface of an enclosed area in a building (including the basement), such as the top of the slab in concrete slab construction or the top of the wood flooring in wood frame construction.

Effective on: 11/18/2013

Floor Area, Gross

The sum of the gross horizontal areas of each floor of the principal building and any accessory buildings or structures, measured from the exterior walls or from the centerline of party walls. The term does not include any area used exclusively for the surface parking of motor vehicles or for building or equipment access, such as stairs, elevator shafts, and maintenance crawl space.

Effective on: 11/18/2013

Food Sales (as an Accessory Use)

The sale of prepared or processed food, snacks, baked goods, or other products intended for human consumption either for or not for profit, whether prepared on or off site as an accessory or subordinate activity to the principal use.

Effective on: 11/18/2013

Food Truck (as an Accessory Use)

A food truck is a licensed, motorized vehicle or mobile food unit which is temporarily stored on a privately owned lot where food items are sold to the general public.

Effective on: 11/18/2013

Food Truck (principal use)

A truck, trailer, or other motorized vehicle that from which food and/or beverages are sold to the general public, and which operates within an approved food truck court. A food truck must be self-contained with all co,oking apparatuses and related equipment contained within the vehicle.

Effective on: 4/15/2021

Food Truck Court
A parcel of land or structure for which the primary purpose is to allow Food Truck vending
to occur.

Effective on: 4/15/2021

Footcandle

The amount of light that falls onto a surface as emitted by an exterior lighting device.

Effective on: 11/18/2013

Fraternity/Sorority House

A building used as group living quarters for students of a college, university, or seminary, who are members of a fraternity or sorority that has been officially recognized by the college, university, or seminary. Such use may or may not be located within the campus it is associated with. The fraternity or sorority house may include sleeping areas, cooking facilities, and areas for meeting and socializing.

Effective on: 11/18/2013

Front Façade

The side or elevation of a structure that contains the structure's architectural front, or the portion of the structure facing the street from which the structure derives its street address.

Effective on: 11/18/2013

Frontage

The width in linear feet occupied by each separate business or other use or the width in linear feet of a lot which fronts on a public or private street. Each building or lot front shall, for purposes of sign copy area allowed, be separately calculated.

Effective on: 11/18/2013

Frontage, Building

The linear length of only that portion of a building used by an individual tenant on a separate lot or by an individual tenant in a multiple tenant development and which faces a public or private street or alley.

Effective on: 11/18/2013

Frontage, Lot

The length of that part of a lot that fronts a public or private street.

Effective on: 11/18/2013

Fuel Oil/Bottled Gas Distributor

An establishment that distributes fuel oil or bottled gases such as propone or liquid petroleum for compensation.

Effective on: 11/18/2013

Full Cut-Off Lens

An artificial outdoor lighting fixture designed to ensure that no light is directly emitted above a horizontal line parallel to the ground.

Effective on: 11/18/2013

Funeral Home

An establishment that provides human funeral services, including embalming and memorial services. Crematories are accessory uses to a funeral home.

Effective on: 11/18/2013

Garage

An outbuilding or accessory structure for the purpose of parking vehicles.

Effective on: 11/18/2013

Gas Sales

Buildings and premises where gasoline, oils and greases, batteries, tires and automobile accessories may be supplied and dispensed at retail (or in connection with a private operation where the general public is excluded from use of facilities).Uses permissible at a gas sales establishment do not include major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition, or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in filling stations.

Effective on: 11/18/2013

General Industrial Service

Establishments engaged in the repair or servicing of agriculture, industrial, business, or consumer machinery, equipment, products, or by-products. Firms that provide these services do so by mainly providing centralized services for separate retail outlets. Contractors and building maintenance services and similar uses perform services off-site. Few customers, especially the general public, come to the site. Accessory activities may include retail sales, offices, parking, and storage.

Effective on: 11/18/2013

Glare

The reflection or harsh, bright light and the physical effect resulting from high luminances or insufficiently shielded light sources to cause annoyance, discomfort, or loss in visual performance and visibility.

Effective on: 11/18/2013

Glazing

The portion of an exterior building surface occupied by glass or windows.

Effective on: 11/18/2013

Golf Course, Private or Public

A tract of land laid out with at least nine holes for playing the game of golf and improved with tees, greens, fairways, and hazards. A golf course, public or private, may include a clubhouse (with or without eating facilities), shelters, a driving range, putting green, maintenance facilities, an irrigation system, and outdoor storage of materials and equipment.

Effective on: 11/18/2013

Golf Driving Range

A limited area on which golf players do not walk, but onto which they drive golf balls from a common driving tee. Such uses may include a concessions stand, netting, exterior lighting fixtures, putting greens, as well as maintenance and outdoor storage areas. Such uses do not include golf courses.

Effective on: 11/18/2013

Government Maintenance, Storage, and Distribution Facility

A facility housing government shops, maintenance and repair centers, equipment, and outdoor storage yards.

Effective on: 11/18/2013

Government Office

An office of a governmental agency that provides administrative and/or direct services to the public, such as, but not limited to, employment offices, public assistance offices, or motor vehicle licensing and registration services.

Effective on: 11/18/2013

Grading

Excavating, filling (including hydraulic fill) or stockpiling of earth material, or any combination thereof, including the land in its excavated or filled condition.

Effective on: 11/18/2013

Green Roof

The roof of a building that is partially or completely covered with vegetation and a growing medium, planted over a waterproofing membrane. It may also include additional layers such as a root barrier and drainage and irrigation systems.

Effective on: 11/18/2013

Greenhouse

A structure, primarily of glass, in which temperature and humidity can be controlled for the cultivation or protection of plants.

Effective on: 11/18/2013

Greenway

A linear greenbelt linking various types of development by such facilities as bicycle paths, footpaths, and bridle paths. Greenways are usually kept in their natural state except for the pathway and area immediately adjacent to the pathway.

Effective on: 11/18/2013

Grocery Store

An establishment engaged in retail and/or wholesale sale of food, foodstuffs, sundries, or other common household items to members of the public.

Effective on: 11/18/2013

Ground Cover

Any natural vegetative growth or other material that renders the soil surface stable against accelerated erosion.

Effective on: 11/18/2013

Group Development

A group development is a project which consists of more than one principle structure on a given site.

Effective on: 11/18/2013

Group Home, Large

A home with support and supervisory personnel that provides room and board, personal care, and habilitation services in a family environment for seven or more resident persons with disabilities—i.e., persons with a temporary or permanent physical, emotional, or mental disability, including but not limited to mental retardation, cerebral palsy, epilepsy, autism, hearing and sight impairments, emotional disturbances, and orthopedic impairments, but not including mentally ill persons who are dangerous to others. The definition does not include hospitals, rest homes, nursing homes, boarding homes, homes for orphans or aged, sub-acute-care detoxification centers, or halfway house/mainstreaming facilities.

Effective on: 11/18/2013

Group Home, Small

A home with support and supervisory personnel that provides room and board, personal care, and habilitation services in a family environment for between two and six resident persons with disabilities— i.e., persons with a temporary or permanent physical, emotional, or mental disability, including but not limited to mental retardation, cerebral palsy, epilepsy, autism, hearing and sight impairments, emotional disturbances, and orthopedic impairments, but not including mentally ill persons who are dangerous to others. The definition does not include hospitals, rest homes, nursing homes, boarding homes, homes for orphans or aged, sub-acute-care detoxification centers, or halfway house/mainstreaming facilities.

Effective on: 11/18/2013

Growing Season

See "Planting Season".

Effective on: 11/18/2013

Halfway House

A licensed home for juveniles or adult persons on release from more restrictive custodial confinement or initially placed in lieu of such more restrictive custodial confinement, wherein supervision, rehabilitation, and counseling is provided to assist residents back into society, enabling them to live independently.

Effective on: 11/18/2013

Hazardous Waste Collection Site

An establishment for the collection and/or transfer of hazardous waste.

Effective on: 11/18/2013

Heavy Equipment Sales, Rental, or Repair

An establishment engaged in the display, sale, leasing, or rental of heavy equipment of 12,000 or more pounds gross vehicular weight (GVW).

Effective on: 11/18/2013

Hedge

A group of shrubs planted in line or in groups that forms a compact, dense, living barrier that demarcates an area from on-site or off-site views.

Effective on: 11/18/2013

Height, Airport Overlay District

For the purposes of determining vertical (height) limits related to the Airport Overlay District, established and regulated by the Federal Aviation Administration (FAA), the datum shall be mean sea level elevation unless otherwise specified.

Effective on: 11/18/2013

Helicopter Landing Facility

An area, either on ground level or elevated on a structure, licensed or approved for the landing and takeoff of helicopters and which may include auxiliary facilities such as parking, waiting room, fueling, and maintenance equipment.

Effective on: 11/18/2013

High Risk Tree

Any tree with structural defects sufficient to render the tree or part of the tree likely to fail and cause damage to persons, property, or other significant vegetation, as determined by a qualified arborist or other tree professional.

Effective on: 11/18/2013

Historic Resources Commission

The City of Fayetteville Historic Resources Commission, as identified in this Ordinance.

Effective on: 11/18/2013

Home Occupation

A business, profession, occupation, or trade which is conducted within a residential dwelling unit for the economic gain or support of a resident of the dwelling, and is incidental and secondary to the residential use of the lot and which does not adversely and/or perceptively affect the character of the lot or surrounding area. Home occupation includes but is not limited to: offices; electronic and offsite retail; personal services such as physical therapy by licensed individuals, beauty parlors, pet grooming, and the like. Home occupation does not include such businesses as: automotive repair and the like; dentists or physician's offices and the like; any licensed or unlicensed practitioner who performs invasive procedures (acupuncture, tattooing, body piercing, and the like); restaurants, bars, social clubs and the like; animal kennels or hospitals and the like; or any other business which is clearly inappropriate or out of character for a residential area such that its location constitutes an adverse impact on neighboring residential properties.

Effective on: 11/18/2013

Horizontal Surface Zone

A plane, circular in shape with its height 150 feet above the established Fayetteville Regional Airport elevation and having a radius from the airport reference point as indicated on the Airport Airspace Plan contained within the 2005 Fayetteville Regional Airport Master Plan, Sheet Number 6, or any subsequent amendment upon official adoption to the Airport Master Plan.

Effective on: 11/18/2013

Hospital

An institution specializing in giving clinical, temporary, and emergency services of a medical or surgical nature to human patients and injured persons, that is licensed by state law to provide facilities and services in surgery, obstetrics, or general medical practice. Such institutions may include in-patient medical or surgical care for the sick or injured and related facilities such as laboratories, out-patient departments, training facilities, central services facilities, and staff offices that are an integral part of the facilities.

Effective on: 11/18/2013

Hotel or Motel

Except where explicitly distinguished, hotel and motel are to be considered synonymous uses. A hotel or motel means a building or a group of buildings in which sleeping accommodations are offered to the public and intended primarily for rental for temporary occupancy by persons on an overnight basis, not including bed and breakfast establishments or a rooming house. Such uses may include microwaves and refrigerators for each guest unit.

​​(Ord. No. S2014-011,  § 2, 8-11-2014)

Effective on: 11/18/2013

Hotel or Motel, extended stay

A quasi-residential use not subject to residential density requirements and treated as a hotel or motel for zoning district use assignment, but having a full-size refrigerator (5 cubic feet or larger) and at least a two-burner built-in stove supporting extended stays of more than thirty days.

(Ord. No. S2016-007, § 1, 6-27-2016)

Effective on: 6/27/2016

Housing for Poultry

Enclosures, coups, and fenced areas intended for the care and keeping of small domestic poultry as an accessory use to a single-family dwelling unit.

Effective on: 11/18/2013

Impervious Surface

Buildings; parking areas; driveways; streets; sidewalks; areas of concrete, asphalt, gravel, or other compacted aggregate; and areas covered by the outdoor storage of goods or materials which do not absorb water.

Effective on: 11/18/2013

Incinerator

A facility that burns refuse at high temperatures to reduce the volume of waste. (See also Resource Recovery Plant.)

Effective on: 11/18/2013

Industrial Service

Establishments engaged in the repair or servicing of agriculture, industrial, business, or consumer machinery, equipment, products, or by-products. Firms that provide these services do so by mainly providing centralized services for separate retail outlets. Contractors and building maintenance services and similar uses perform services off-site. Few customers, especially the general public, come to the site. Accessory activities may include retail sales, offices, parking, and storage.

Effective on: 11/18/2013

Interpretation

An interpretation of this Ordinance made in writing by the City Manager or designee in accordance with the requirements in Section 30-2.C.17, Interpretation.

Effective on: 11/18/2013

Interstate Highway System

That portion of the national system of interstate and defense highways located within the state as officially designated or as may hereafter be so designated by the board of transportation or other appropriate authorities and are also so designated by interstate numbers.

Effective on: 11/18/2013

Invasive Plant Species

Plant species that spread rapidly with little or no assistance. For purposes of the UDO, the following species are considered invasive: Bushkiller-Cayratia japonica, Chinese wisteria- Wisteria sinensis, English Ivy-Hedera helix, Japanese wisteria-Wisteria floribunda, Japanese honeysuckle-Lonicera japonica, Kudzu-Pueraria montana.

Effective on: 11/18/2013

Kennel, Indoor

A facility where dogs, cats, or other domestic animals over six months of age are kept, raised, sold, boarded, bred, shown, treated, or groomed. The facility shall be entirely indoors.

Effective on: 11/18/2013

Kennel, Outdoor

A facility where dogs, cats, or other domestic animals over six months of age are kept, raised, sold, boarded, bred, shown, treated, or groomed. Such a facility may have an indoor and outdoor component.

Effective on: 11/18/2013

Land

The earth, water, and air, above, below, or on the surface, and includes any improvements or structures on land.

Effective on: 11/18/2013

Land Value Factor

For the purposes of determining a payment-in-lieu of Open Space Dedication, each year the value of single family land in the City subdivided over the previous three years will be averaged to arrive at a Land Value Factor.

Effective on: 11/18/2013

Landfill, Construction Debris

A solid waste disposal facility consisting of an area of land or an excavation used for disposal of solid waste resulting solely from construction, remodeling, repair, or demolition operations on pavement, buildings, or other structures.

Effective on: 11/18/2013

Landfill, Land Clearing and Inert Debris

A solid waste disposal facility consisting of an area of land or an excavation used for disposal of solid waste generated solely from land clearing activities and/or solid waste consisting solely of material that is virtually inert and that is likely to retain its physical and chemical structure under expected conditions of disposal.

Effective on: 11/18/2013

Landfill, Sanitary

A solid waste disposal facility consisting of an area of land or an excavation used for disposal of any solid waste resulting from the operation of residential, commercial, industrial, governmental, or institutional establishments that would normally be collected, processed, and disposed of through a public or private solid waste management service. A sanitary landfill does not include disposal of hazardous waste, sludge, industrial waste managed in a solid waste management facility owned and operated by the generator of the industrial waste for management of that waste, or solid waste from mining or agricultural operations.

Effective on: 11/18/2013

Landowner

Any owner of a legal or equitable interest in land, including the heirs, devisees, successors, assigns, and agent or personal representative of the owner.

Effective on: 11/18/2013

Landscape Strip, Perimeter

Vegetative material associated with the perimeter landscaping required for a vehicular use area.

Effective on: 11/18/2013

Land Application of Wastes

The application or disposal of effluents or sludges on, above, or into the surface of the ground through spray irrigation, land spreading, or other methods.

Effective on: 11/18/2013

Large Retail Establishment

A single business establishment engaged in retail sales activities and located in a stand-alone single tenant building larger than 75,000 square feet in size, or a series of business establishments engaged in retail sales activities and located in a single building of 150,000 square feet in size or larger.

Effective on: 11/18/2013

Laundromat

A facility where patrons wash, dry, or dry clean clothing or other fabrics in machines operated by the patron.

Effective on: 11/18/2013

Laundry, Dry Cleaning, and Carpet Cleaning Facility

A facility used for cleaning fabrics, textiles, wearing apparel, or articles of any sort by immersion and agitation, or by immersions only, in water or volatile solvents.

Effective on: 11/18/2013

Level of Service

As used in Section 30-5.M, Traffic Impact Analysis, a scale that measures the relationship between the capacity of a street or intersection and the service demand placed on the street or intersection by existing or anticipated traffic. Level of service "D" typically corresponds to a situation where street intersections still function, but short queues develop during peak travel times, and vehicles may be forced to wait through one cycle of the traffic signals.

Effective on: 11/18/2013

Library

A public facility for the use, but not sale, of literary, historical, scientific, musical, artistic, or other reference materials.

Effective on: 11/18/2013

Light Trespass

A condition where an unwanted or undesirable amount of illumination or glare from exterior lighting serving one development is cast upon adjacent or nearby development on a different lot or site.

Effective on: 11/18/2013

Live/Work

See "Dwelling, Live/Work".

Effective on: 11/18/2013

Liquor Store

An establishment licensed by the state exclusively for the retail sale of alcoholic beverages, excluding beer and wine, in original packages for consumption off the premises where sold.

Effective on: 11/18/2013

Loading Berth

A space within a building or surrounded by walls on three sides that provides for standing, loading, unloading, and maneuvering of commercial vehicles dropping off or picking up goods.

Effective on: 11/18/2013

Loading Space, Off-Street

Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles, and not considered as part of the minimum required off-street surface parking.

Effective on: 11/18/2013

Logo

A business trademark or symbol.

Effective on: 11/18/2013

Lot

A parcel of land or any combination of several parcels of land occupied or intended to be occupied by a principal use or structure, together with any accessory structures or uses and such access ways, parking area, yards, and open spaces required in these regulations.

Effective on: 11/18/2013

Lot Coverage

The portion of a lot covered by principal or accessory buildings, expressed as a percentage of total lot area.

Effective on: 11/18/2013

Lot, Nonconforming

See "Nonconforming Lot".

Effective on: 11/18/2013

Lot of Record

A lot which is part of a subdivision, a plat of which has been recorded in the Cumberland County Register of Deed's Office prior to the effective date of this Ordinance, or a lot described by metes and bounds, the description of which has been so recorded prior to the effective date of this Ordinance.

Effective on: 11/18/2013

Lumen

A unit of luminous flux. One foot-candle is one lumen per square foot. Lumen output values shall be the initial lumen output ratings of a lamp.

Effective on: 11/18/2013

Machine Shop

An establishment where metal is cut and shaped by machine tools.

Effective on: 11/18/2013

Major Recreational Equipment

Vehicles and equipment intended primarily for recreational purposes, including, but not limited to: boats, campers, recreational vehicles, motor homes, and travel trailers.

Effective on: 11/18/2013

Mansard

A sloped roof or roof-like façade architecturally comparable to a building wall.

Effective on: 11/18/2013

Manufactured Home, Class A

A structure built on an integral chassis and designed to be used as a dwelling unit when connected to the required utilities, fabricated in an offsite manufacturing facility after June 15, 1976 in one or more sections, which includes the plumbing, heating, air conditioning, and electrical systems contained therein, with each section bearing the HUD Code Seal certifying compliance with the Federal Manufactured Home Construction and Safety Standards Act, designed to be transported for installation or assembly at the building site—and that meets the standards for Class A Manufactured Homes in Section 30-4.C.2.a.3. This definition does not include recreational vehicle or Class B or Class C manufactured home.

Effective on: 11/18/2013

Manufactured Home, Class B

A structure built on an integral chassis designed to be used as a dwelling unit when connected to the required utilities, fabricated in an offsite manufacturing facility after June 15, 1976 in one or more sections, which includes the plumbing, heating, air conditioning, and electrical systems contained therein, with each section bearing the HUD Code Seal certifying compliance with the Federal Manufactured Home Construction and Safety Standards Act, designed to be transported for installation or assembly at the building site—but does not meet the standards for Class A Manufactured Homes in Section 30-4.C.2.a3. This definition does not include recreational vehicle or Class A or Class C manufactured home.

Effective on: 11/18/2013

Manufactured Home, Class C

A structure built on an integral chassis and designed to be used as a dwelling unit when connected to the required utilities, fabricated in an offsite manufacturing facility before June 15, 1976, in one or more sections, designed to be transported for installation or assembly at the building site. Sections do not carry the HUD Code Seal. This definition does not include recreational vehicle, Class A or B manufactured home, or modular home.

Effective on: 11/18/2013

Manufactured Home Park

A parcel of land under single ownership or management which is operated as a business engaged in providing a place where manufactured homes are installed for non-transient living or sleeping purposes and where sites or lots are set aside or offered for lease for use by manufactured homes for living or sleeping purposes. Accessory uses to manufactured home parks include caretaker quarters, laundry facilities, and facilities for parks and recreation.

Effective on: 11/18/2013

Manufactured Home Unit Space Area

The portion of a manufactured home park reserved for the placement of a single manufactured home and any related accessory structures.

Effective on: 11/18/2013

Manufacturing, Heavy

Heavy Manufacturing uses are fully described in Section 30-4.B.6.

Effective on: 11/18/2013

Manufacturing, Heavy - High Impact/Hazardous

Heavy Manufacturing High Impact/Hazardous uses are fully described in Section 30-4.B.6.

Effective on: 11/18/2013

Manufacturing, Light

The mechanical transformation of predominantly previously prepared materials into new products, including assembly of component parts and the creation of products for sale to the wholesale or retail markets or directly to consumers. Please refer to Section 30-4.B.6.

Effective on: 11/18/2013

Map Amendment (Rezoning)

A type of zoning district change reviewed and approved, approved with conditions, or denied by the City Council in accordance with Section 30-2.C.1, Map Amendment (Rezoning).

Effective on: 11/18/2013

Marquee

A permanent roof-like structure other than a roof attached to, supported by, and projecting from a building, providing protection from natural elements over the ground, sidewalk or walkway.

Effective on: 11/18/2013

Maximum Extent Practicable

No feasible or practical alternative exists, as determined by the City Manager, and all possible efforts to comply with the standards or regulation or minimize potential harmful or adverse impacts have been undertaken by an applicant. Economic considerations may be taken into account but shall not be the overriding factor determining "maximum extent practicable."

Effective on: 11/18/2013

Medical or Dental Clinic

An establishment where patients are admitted for examination and treatment by one or more physicians, dentists or psychologists and where patients are not usually lodged overnight.

Effective on: 11/18/2013

Medical or Dental Lab

Facilities and offices for performing diagnostic or therapeutic medical procedures of a nonsurgical nature.

Effective on: 11/18/2013

Medical Treatment Facility

A small-scale facility which may or may not be located in a converted dwelling or residence for the short term care and treatment of up to 20 chronically or terminally ill patients on an overnight basis. Such facilities may include sleeping rooms for care workers and members of patient's families.

Effective on: 11/18/2013

Microbrewery

A brewery that produces less than 15,000 barrels (17,600 hectoliters) of beer per year with 75 percent or more of its beer sold off-site. Microbreweries may sell to wholesalers or act as wholesaler and may sell directly to the consumer through carry-outs and/or on-site tasting-room or restaurant sales. Microbreweries may include tasting rooms if permitted under State law. Also see "Brewpub" and"Brewery".

(Ord. No. 2017-009, §1, 6/26/2017)

Effective on: 6/26/2017

Microdistillery

A distillery that produces no more than 50,000 US gallons per year. Other typical names include, but are not limited to, "craft distillery", 'micro-distillery", "small-batch distillery", and "artisan distillery". Also see "Distillery".

(Ord. No. 2017-009, §1, 6/26/2017)

Effective on: 6/26/2017

Minor Works

For the purposes of Section 30-2.C.8, Certificate of Appropriateness, minor works are defined as those changes that do not involve substantial alterations, additions or removals that could impair the integrity of the Landmark property or the Historic Overlay District as a whole.

Effective on: 11/18/2013

Mixed-Use Development

A tract of land or structure developed for two or more different uses, such as, but not limited to, residential, office, retail, institutional, public, or entertainment. Such uses are functionally integrated and share vehicular use areas, ingress/egress, and pedestrian access.

Effective on: 11/18/2013

Modified Grid Street Network

A hybrid system of higher and lower order streets including elements of both a rectangular grid street network and a curvilinear street network where streets are not arranged in a rigid grid pattern at right-angles to one another, but which are arranged in some relationship to one another where most streets are connected, and dead end streets are minimized.

Effective on: 11/18/2013

Motor Vehicle Stop

Curbing, wheel stop, or other ground-mounted device located at the head of an off-street parking space that is intended to prevent the front or back end of an automobile from interfering with required vehicular use area landscaping or pedestrian access.

Effective on: 11/18/2013

Museum

A building serving as a repository for a collection of natural, scientific, historical, or literary curiosities or works of art, and arranged, intended, and designed to be used by members of the public for viewing, with or without an admission charge, and which may include as an accessory use the limited retail sale of goods, services, or products such as prepared food to the public.

Effective on: 11/18/2013

National Register of Champion Big Trees

The Big Tree Program, administered by American Forest in Washington, D.C., who also maintains the National Register of Champion Big Trees.

Effective on: 11/18/2013

Neighborhood Recreation Center

A facility providing recreation facilities and/or meeting rooms, that is typically oriented to addressing the recreational needs of the residents of a neighborhood or community area.

Effective on: 11/18/2013

Nightclub

Any establishment, whether public or a private club, serving a predominantly adult clientele, and whose primary business is the sale of alcoholic beverages, including beer and wine, for consumption on the premises in conjunction with dancing or live performances, and which sets a minimum age requirement for entrance. An establishment is not a nightclub if the establishment: (1) has a Class A restaurant license from the State of North Carolina; (2) maintains a full service restaurant on its premises at all times when it is open to the public for business; and (3) provides facilities for seating not less than 40 persons simultaneously at tables for the service of meals. The establishment is also not a nightclub if the establishment allows entrance at all times to any person regardless of age.

Effective on: 11/18/2013

Nonconformity, Lawful

Any nonconformity involving a dimensional or numerical requirement or use of property that affects a structure erected or a lot created in conformity with the then-applicable development requirements of the city/then-governing board, but subsequently made nonconforming by action of the city through a zoning map or unified development code amendment.

Effective on: 11/18/2013

Nonconforming Lot

A lot, the area, dimensions, or location of which was lawful prior to the adoption, revision, or amendment of this Ordinance but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district.

Effective on: 11/18/2013

Nonconforming Sign

Any sign lawfully existing prior to the adoption, revision, or amendment of this Ordinance, but does not conform to all the standards and regulations of this Ordinance or amendment.

Effective on: 11/18/2013

Nonconforming Structure or Building

A structure or building, the size, dimensions, or location of which was lawful prior to the adoption, revision, or amendment to this Ordinance but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district.

Effective on: 11/18/2013

Nonconforming Use

Any actual and active use lawfully being made of any land, building, sign or structure not otherwise abandoned, existing prior to the adoption, revision, or amendment of this Ordinance, but does not comply in any fashion with any of the regulations of this Ordinance or the amendment. If the property or structure is vacant or unused on the effective date of this Ordinance or any amendment thereto, it shall be conclusively presumed that the property or structure is subject to the provisions of this Ordinance or any amendments thereto.

Effective on: 11/18/2013

North Carolina Commercial Building Code

A set of standards and regulations established by the North Carolina Building Council that control building design, construction, and materials used in commercial or nonresidential construction.

Effective on: 11/18/2013

North Carolina General Statutes

The laws created by the State of North Carolina legislature and which the City of Fayetteville is required to uphold.

Effective on: 11/18/2013

Notice of Violation

An initial notice indicating an infraction of this Ordinance; not associated with a fine.

Effective on: 11/18/2013

Nursing Home

Any facility or any identifiable component of any facility in which the primary function is the provision, on a continuing basis, of nursing services and health-related services for the treatment and inpatient care of two or more non-related individuals, including facilities known by varying nomenclature or designation such as rest homes, convalescent homes, skilled care facilities, intermediate care facilities, extended care facilities and infirmaries. This does not include the home or residence of any individual who cares for or maintains only persons related to him or her by blood or marriage.

Effective on: 11/18/2013

Occupancy

The portion of a building or premises owned, leased, rented, or otherwise occupied by a given use.

Effective on: 11/18/2013

Office, Business Services

A room, or group of rooms used for conducting the affairs of a general business establishment, other than financial services and professional services. Examples of business services office uses include offices for retail and wholesale establishments.

Effective on: 11/18/2013

Office, Professional Services

A room or group of rooms used for conducting the affairs of a business, profession, or service industry. Examples of professional services offices include offices for lawyers, accountants, engineers, architects, doctors, dentists, and similar professions.

Effective on: 11/18/2013

Office, Financial Services

A room or group of rooms used for conducting the affairs of a business offering financial services, such as banking services, investment banking, stock brokerage, investment services, credit card services, and the like.

Effective on: 11/18/2013

Office, Sales

A room or group of rooms used for conducting the affairs of a business engaged in the buying and/or selling of real or personal property, services, or other products, such as real estate sales, artwork, artifacts, or other specialized services.

Effective on: 11/18/2013

Office-Warehouse

A land use that includes at least 10 percent of the building being used as offices that support showroom, research and development, distribution or warehouse uses; also known as flex space.

Effective on: 11/18/2013

Official Zoning Map

The Official Zoning Map upon which the boundaries of various zoning districts are drawn and which is an integral part of this Ordinance.

Effective on: 11/18/2013

Off-Street Parking

Parking spaces for vehicles located internal to a site and served by vehicular access ways.

Effective on: 11/18/2013

Opacity

A measurement indicating the degree of obscuration of light or visibility.

Effective on: 11/18/2013

Open Space

Space suitable for passive recreation, gardens or landscaping which may include areas left in their natural state, trails, ponds, stream banks, recreation areas, areas of excessive slopes, low-lying areas, marshland, and environmentally-sensitive areas, and urban amenities. Such space must be free of automobile traffic and parking, and be readily accessible to all those for whom it is required.

Effective on: 11/18/2013

Open Space, Active

Space suitable for active forms of recreation, including athletic fields, playgrounds, swimming pools, courts, tracks, and similar uses that are well served by streets, parking facilities, spectator areas, restroom facilities, and exterior lighting where appropriate.

Effective on: 11/18/2013

Open Space, Common

An open space area owned privately or in common for use by all members of the public.

Effective on: 11/18/2013

Open Space Dedication

Portion of a proposed development required for set-aside and recorded as permanent open space by Section 30-5.C, Open Space Dedication.

Effective on: 11/18/2013

Open Space, Passive

Required open space areas designated for passive recreation uses including multi-use trails, gazebos, picnic areas, fountains and pools, plazas with fountains, and similar areas. Such areas may also include undisturbed natural vegetation.

Effective on: 11/18/2013

Open Space, Private

Space on each building lot within an open space easement that is for the private use of inhabitants.

Effective on: 11/18/2013

Order of Abatement

A notice indicating an infraction of this Ordinance issued by a court of competent jurisdiction directing a violator of the ordinance to abate the violation as well as take action to correct the violation.

Effective on: 11/18/2013

Ordinance

Regulations enforceable as municipal law.

Effective on: 11/18/2013

Outdoor Display and Sales

The placement of products or materials (other than vehicles) for sale outside the entrance of a retail or wholesale sales establishment.

Effective on: 11/18/2013

Outdoor Storage

The keeping, in an unroofed area, of any goods, junk, material, merchandise, or vehicles in the same place for more than 24 hours. This shall not include the display of vehicles for sale in a new or used car sales lot. Such activities may be the principal use of the land where located or as an accessory use to another principal use.

Effective on: 11/18/2013

Outparcel

A portion of land in a subdivision, shopping center, or other development that does not contain the primary building associated with the development, and that is intended for development of one or more smaller independent buildings usually located adjacent to a development's street frontage. Outparcels are typically smaller than the parent parcel and may not be contiguous to the parcel containing the primary building or buildings.

Effective on: 11/18/2013

Outpatient Facility

A facility where patients, who are not lodged overnight, are admitted for examination and treatment by one person or a group of persons practicing any form of the healing arts, whether such persons be medical doctors, chiropractors, osteopaths, chiropodists, naturopaths, optometrists, or any such profession, the practice of which is regulated by the state.

Effective on: 11/18/2013

Owner, Property

A person recorded as such in official records. For purposes of this article, the owner of property on which a sign is located is presumed to be the owner of the sign unless facts to the contrary are officially recorded or otherwise brought to the attention of the City Manager or his designee, e.g., a sign leased from a sign company.

Effective on: 11/18/2013

Owner, Sign

Any person holding legal title or legal right to occupy or carry on a business or other use in a structure or facility and shall include each and every person who shall have title to or benefit of a sign, or for whose benefit any type sign is erected or maintained. Where there is more than one owner, as defined, their duties and obligations under this article are joint and several, and shall include the responsibility for such sign.

Effective on: 11/18/2013

Parapet

A building façade that rises above the roof level, typically obscuring a gable or flat roof as well as any roof-mounted equipment.

Effective on: 11/18/2013

Parcel

Any quantity of land and/or water capable of being described in definitive terms with respect to its location and boundaries. It may be established as distinct from other parcels which are designated by its owner or developer as land to be used or developed as a unit, or which has been used or developed as a unit.

Effective on: 11/18/2013

Parcel Services

Retail sales or business services establishment to facilitate the transmittal and receipt of parcels.

Effective on: 11/18/2013

Park, Public and Private

Land used for recreation, exercise, sports, education, rehabilitation, or similar activities, or a land area intended to enhance the enjoyment of natural features or natural beauty, specifically excluding commercially operated amusement parks.

Effective on: 11/18/2013

Parking, Deferred

A portion of the required off-street parking associated with a use that is not installed at the time of construction, but delayed or deferred until a parking demand study can be completed to determine if the additional required parking is needed. (See Section 30-5.A.9.a.1)

Effective on: 11/18/2013

Parking, Off-Site

An off-street parking area provided on a different parcel than the use it is intended to serve.

Effective on: 11/18/2013

Parking, On Street

A location or area within the right-of-way of a public or private street that is reserved for the parking of vehicles. Such areas may or may not be formally designated with signage, striping, or parking meters.

Effective on: 11/18/2013

Parking, Shared

Off-street parking facilities shared by two or more uses that are in close proximity to one another and the parking area, and that have different operational characteristics such that use of the parking facilities by one use will not generally overlap with the use of the parking area by the other use(s). (See Section 30-5.A.9.b)

Effective on: 11/18/2013

Parking, Tandem

A parking space within a group of two or more parking spaces arranged one behind the other.

Effective on: 11/18/2013

Parking Bay

The parking module consisting of one or two rows of parking spaces or stalls and the aisle from which motor vehicles enter and leave the spaces.

Effective on: 11/18/2013

Parking Demand Study

An analysis of the total number of parking spaces required or needed in order to comply with this Ordinance. The goal is to accommodate the maximum number of vehicles for parking purposes by a particular use or site at any given time, including the parking requirements for all employees, occupants, clients, and visitors.

Effective on: 11/18/2013

Parking Lot

The portion of a site or development dedicated to vehicular ingress and egress, off-street parking, parking aisles, internal travel ways, fire lanes, and other areas dedicated to vehicular use, but not necessarily including vehicular storage areas.

Effective on: 11/18/2013

Parking Lot Drive Aisle

A vehicular accessway located within an off-street parking or vehicular use area which serves individual parking stalls and driveways.

Effective on: 11/18/2013

Parking Space, Accessible

A space designated for the parking or temporary storage of one motor vehicle in addition to the space necessary for the ingress and egress from the vehicle by a disabled person and any equipment needed for that purpose.

Effective on: 11/18/2013

Parking Space, Off-Street

A space that is designated for the parking or temporary storage of one motor vehicle located outside of a dedicated street right-of-way, vehicular travel way, or parking aisle.

Effective on: 11/18/2013

Parking Structure

A structure designed to accommodate vehicular parking spaces that are fully or partially enclosed or located on the deck surface of a building. This definition includes parking garages and deck parking.

Effective on: 11/18/2013

Passenger Terminal, Surface Transportation

A facility that receives and discharges passengers and at which facilities and equipment required for their operation are provided. Examples include terminals for bus, trolley, taxi, railroad, shuttle van, or other similar vehicular services.

Effective on: 11/18/2013

Pathways, Pedestrian

Interconnected paved walkways that provide a pedestrian passage through blocks running from street to street, vehicular use areas, or other locations.

Effective on: 11/18/2013

Peak Business Period

The portion of the day when a business receives most of its vehicular traffic from customers.

Effective on: 11/18/2013

Pedestrian

A person traveling on foot under their own locomotion.

Effective on: 11/18/2013

Perimeter Fences and Walls

For the purposes of Section 30-5.D.6, Perimeter Fences and Walls Abutting Public Rights-of-Way, a fence or wall of four feet or more in height that is located within 20 feet of the edge of a public street right-of-way, and runs parallel to or alongside the adjacent public right-of-way for at least two linear feet.

Effective on: 11/18/2013

Performance Guarantee

Cash or other guarantee provided by an applicant in-lieu of completion of public infrastructure or installation of required private site features prior to issuance of a Building Permit or other development approval.

Effective on: 11/18/2013

Person

For the purposes of enforcing this Ordinance in accordance with Article 30-8: Enforcement, "person" includes any individual, corporation, government agency, government official, business trust, partnership, two or more persons having a joint interest, or any other legal entity. Persons subject to the remedies and penalties established in Article 30-8: Enforcement, for violating this Ordinance shall include: an architect, engineer, builder, contractor, developer, agency, or any other person who participates in, assists, directs, creates, causes, or maintains a condition that results in or constitutes a violation of this Ordinance; or an owner, any tenant or occupant, or any other person, who has control over, or responsibility for, the use or development of the land on which the violation occurs. For all other purposes, "person" means any individual, corporation, government agency, business trust, partnership, two or more persons having a joint interest, or any other legal entity.

Effective on: 11/18/2013

Personal Services Establishment

An establishment primarily engaged in the provision of frequent or recurrent needed services of a personal nature. Examples include; laundry and dry-cleaning drop-off establishments; photographic studios; mailing or packing service, photocopy and blueprint services; hair, tanning, and personal care services; psychics and mediums; martial arts schools; dance or music classes.

Effective on: 11/18/2013

Pervious Surface

A surface that absorbs water.

Effective on: 11/18/2013

Pilaster

A rectangular column with a capital and base that is attached or affixed to a wall as an ornamental design feature.

Effective on: 11/18/2013

Plan, Subdivision

A type of subdivision approval reviewed and approved, approved with conditions, or denied by the Technical Review Committee in accordance with Section 30-2.C.6.d, Subdivisions.

Effective on: 11/18/2013

Planned Development

A tract of land that is planned and developed as an integral unit in accordance with a PD Plan and flexible development standards that illustrate and address land uses, circulation, utilities, parking, setbacks, housing densities, land coverage, landscaping and buffers, open space, and similar features of the project (See Section 30-2.C.3, Planned Development, and Section 30-3.G, Planned Development Districts.).

Effective on: 11/18/2013

Planning Commission

The City of Fayetteville Planning Commission, established by ordinance in accordance with North Carolina General Statues 160D-301 and 160D-307.

Effective on: 11/18/2013

Plant Nursery

The growing, storage, storage, and sale of garden plants, shrubs, trees, vines, groundcovers, and other related landscaping materials for resale, typically occurring as wholesale or retail sales directly to landscaping professionals. Such uses may include limited incidental retail sales to members of the general public. Such uses may include greenhouses; outdoor storage of goods, materials, and equipment; irrigation systems; and caretaker's dwelling.

Effective on: 11/18/2013

Planting Strip and Planting Area

Ground surface free of impervious cover and/or paved material which is reserved for landscaping purposes.

Effective on: 11/18/2013

Planting Season

The dormant time of the year for trees beginning with leaf drop and ending with bud break; generally late fall to early spring.

Effective on: 11/18/2013

Plat, Final

A type of subdivision approval reviewed and approved or denied by the City Manager in accordance with Section 30-2.C.6.e, Final Plat.

Effective on: 11/18/2013

Point of Purchase Display

Advertising of a retail item accompanying its display, e.g., an advertisement on a product dispenser, tire display, etc.

Effective on: 11/18/2013

Pole Cover

Cover enclosing or decorating poles or other structural supports of a sign.

Effective on: 11/18/2013

Police Station

A building or part of a building that is designated by a chief of police or sheriff to be used as a police or sheriff's station and at which duly authorized officers perform law enforcement functions.

Effective on: 11/18/2013

Porch

A roofed structure not more than 75 percent enclosed by walls, attached to the main building, and not heated or cooled.

Effective on: 11/18/2013

Portable Shipping Container

A large container, typically intended for transport by large truck, train, or ship, that is used for the temporary storage and or transport of personal property.

Effective on: 11/18/2013

Post Office

A facility designated or licensed by the federal government to sell U.S. postage stamps and U.S. postal products and accept mail and packages for delivery.

Effective on: 11/18/2013

Premises

A lot or parcel of real property where a business, profession, service, commodity, product, accommodation, event, attraction or other enterprise or activity or use exists or is conducted, manufactured, sold, offered, maintained or takes place.

Effective on: 11/18/2013

Present Use Value

A designation used by the County Property Appraiser to identify land which is being used for agricultural purposes.

Effective on: 11/18/2013

Primary Drive Aisle

The main aisle(s) that extends from the street right-of-way, or from the driveway entrance(s) serving a development along the front of the building it serves.

Effective on: 11/18/2013

Primary Entrance

The place of ingress and egress to a building, parcel, or development used most frequently by the public.

Effective on: 11/18/2013

Primary Façade

The elevation of a building that contains the primary entrance.

Effective on: 11/18/2013

Produce Stand

A building or structure used for the retail sales of fresh fruits, vegetables, flowers, herbs or plants grown on the same parcel of land where the stand is located. Such use may also involve the accessory sales of other unprocessed foodstuffs, home processed food products such as jams, jellies, pickles, sauces or baked goods, and homemade handicrafts. No commercially packaged handicrafts or commercially processed or packaged foodstuffs shall be sold. Such uses also include "pick your own" establishments where customers gather their own produce from the fields for purchase and off-site consumption.

Effective on: 11/18/2013

Psychiatric Treatment Facility

Inpatient facility which provides care for persons with psychiatric problems and which may include outpatient follow-up care to the facility's patients.

Effective on: 11/18/2013

Pub

An establishment where food and alcoholic beverages are served, where indoor and/or outdoor seating is provided for not less than 75% of the occupancy load for the space, and which contains not more than 1,000 square feet of gross floor area exclusive of kitchen, restroom, storage, and service preparation areas.  For purposes of separation standards, a pub in a SACO district shall be treated as a restaurant.

(Ord. No. S2014-017, § 2, 10-27-2014)

Effective on: 10/27/2014

Public Health Nuisance

As used in Section 30-5.B, Landscaping and Tree Protection, and the North Carolina General Statutes Section 160A-193, any tree with an infectious disease or insect problem, a dead or dying tree, a tree or limb that obstructs street lights, traffic signs, causes obstruction of critical views of oncoming traffic or the free passage of pedestrians or vehicles, or any other tree that is dangerous or prejudicial to the public health and safety.

Effective on: 11/18/2013

Public Hearing, Quasi-Judicial

A formal public hearing involving the legal rights of specific parties conducted by the City Council or the Zoning Commission based on evidence and sworn testimony presented during the public hearing. Decisions made during such hearings are based upon and supported by the record developed at the hearing, and typically involve findings of fact made by the decision-making board.

Effective on: 12/14/2015

Public Hearing, Standard

A meeting open to the public advertised in advance in the local printed media, or as otherwise required by statute, concerning proposed ordinances, amendments or other official City business which require public participation and input.

Effective on: 11/18/2013

Public Interest

As related to Section 30-2.C.1, Map Amendment (Rezoning), public interest is defined as the sum of the overriding goals and policy direction as described in the adopted Comprehensive Plan.

Effective on: 11/18/2013

Public Land

For the purposes of the tree protection standards, land owned by the City, or by any other governmental entity or agency thereof.

Effective on: 11/18/2013

Public Square or Plaza

Open space generally open and readily accessible to the public and used by pedestrians for passive recreation and as an outdoor meeting or gathering place. Such uses normally are improved with amenities such as shelters, seating, fountains, art, and landscaping in contrast to large grassed areas.

Effective on: 11/18/2013

Quorum

The minimum number of board members that must be present in order to conduct official business or take official action.

Effective on: 11/18/2013

Radio and Television Broadcasting Studio

A facility for the staging and recording of audio or television productions.

Effective on: 11/18/2013

Rainwater Cistern

A catchment device intended to capture rain water from a roof or other surface before it reaches the ground.

Effective on: 11/18/2013

Recycling Center

A facility engaged solely in the storage, processing, resale, or reuse of recyclable and recovered materials.

Effective on: 11/18/2013

Recycling Drop-Off Center

A small collection facility where recyclable materials are purchased or accepted from the public. Typical uses include neighborhood recycling stations and thrift store collection trucks.

Effective on: 11/18/2013

Redevelopment

Any proposed expansion, addition, reduction, or other alteration to an existing building, structure, or other constructed feature on a lot or site. Redevelopment also includes changes in use to existing buildings, as well as modifications to site features such as parking, signage, landscaping, grading, stormwater management devices, or changes to outdoor storage.

Effective on: 11/18/2013

Religious Institution

A structure or place in which worship, ceremonies, rituals, and education are held, together with its accessory buildings and uses (including buildings used for educational and recreational activities), operated, maintained, and controlled under the direction of a religious group. Religious institutions include churches, mosques, synagogues, and temples. Accessory uses may include school facilities, parking, temporary overflow emergency shelters for the homeless (as defined by and in compliance with the North Carolina Building Code), caretaker's housing, pastor's housing, and group living facilities such as convents.

(Ord. No. S2018-016, 6-25-2018)

Effective on: 11/18/2013

Repair Establishment

An establishment primarily engaged in the provision of repair services for TV's, bicycles, clocks, watches, shoes, guns, canvas products, appliances, and office equipment; including tailor; locksmith; and upholsterer. Repair establishments do not include outdoor storage of goods, materials, or equipment.

Effective on: 11/18/2013

Repair of Scientific or Professional Instruments

An establishment primarily engaged in the provision of repair services for scientific or professional instruments for businesses.

Effective on: 11/18/2013

Replacement Value

The cost for replacement of a structure, including all materials and labor, based upon the structure's current tax valuation from the Cumberland County Tax Assessor.

Effective on: 11/18/2013

Required Yard

The space between a property line and any required setback.

Effective on: 11/18/2013

Research and Development

A business that engages in research, or research and development, of innovative ideas in technology-intensive fields. Examples include research and development of computer software, information systems, communication systems, transportation, geographic information systems, multi-media and video technology. Development and construction of prototypes may be associated with this use.

Effective on: 11/18/2013

Research and technology production uses

Uses such as medical, optical, and scientific research facilities, software production and development, clinics and laboratories, pharmaceutical compounding and photographic processing facilities, and facilities for the assembly of electronic components, optical equipment, and precision instruments.

(Ord. No. S2014-014, §1, 8-11-2014)

Effective on: 1/1/1901

Residential Gross Density

The number of residential dwelling units per gross acre of land.

Effective on: 11/18/2013

Resource Recovery Plant

A facility that recovers materials or energy from solid waste, excluding those materials or solid waste under the control of the Nuclear Regulatory Commission.

Effective on: 11/18/2013

Restaurant, brewpub

A restaurant, with microbrewing activities and with indoor and outdoor seating only, in which less than one-half of the building gross square footage is used for the brewing activity.

(Ord. No. S2015-013, § 1a, 8-24-2015) 

Effective on: 8/24/2015

Restaurant, with Indoor and Outdoor Seating Only

An establishment where meals or prepared food, including beverages and confections, are served to customers for consumption on the premises. Such a facility may include indoor and outdoor seating, but no drive-through service.

Effective on: 11/18/2013

Restaurant, with Drive-Through Service

An establishment where provision is made on the premises for the ordering, selling, dispensing, or serving of food, refreshments, or beverages to persons driving by the structure in their motor vehicles.

Effective on: 11/18/2013

Retail Sales Establishment

Commercial enterprises that provide goods and/or services directly to the consumer, where such goods are available for immediate purchase and removal from the premises by the purchaser. Examples include stores selling, leasing, or renting consumer, home, and business goods such as art, art supplies, bicycles, cameras, clothing, dry goods, electronic equipment, fabric, furniture, garden supplies, gifts, groceries and food sales, hardware, home improvements, household products, jewelry, pets, pet food, pharmaceuticals, plants, printed material, stationary, and videos.

Effective on: 11/18/2013

Right-of-Way (ROW)

An area owned or maintained by the City, County, the State of North Carolina, federal government, a public utility, a railroad, or a private concern for the placement of such utilities and/or facilities for the passage of vehicles or pedestrians, including roads, streets, pedestrian walkways, utilities, or railroads.

Effective on: 11/18/2013

Roof Line

The highest point of a flat roof and mansard roof and the lowest point of a pitched roof excluding any cupolas, chimneys or other minor projection.

Effective on: 11/18/2013

Rooming House or Boarding House

Any building or portion thereof for providing lodging, either with meals (boarding house) or without meals (rooming house), to not more than five guests, where rent is paid to the owner or proprietor.

Effective on: 11/18/2013

Root Zone

See "Critical Root Zone".

Effective on: 11/18/2013

Salvage and Junk Yard

An establishment where junk, waste, discarded, salvaged, or similar materials such as old metals, wood, slush, lumber, glass, paper, rags, cloth, bagging, cordage, barrels, containers, and the like, are brought, sold, exchanged, baled, packed, disassembled, stored, or handled, including used lumber and building material yards, housewrecking yards, heavy equipment wrecking yards, and yards or places where salvaged house wrecking or structural steel materials are stored, handled, and sold. This definition includes automobile wrecking or automobile wrecking yards and establishments for the sale, purchase, or storage of second-hand cars, clothing, salvaged machinery, furniture, radios, stoves, refrigerators, or similar household goods and appliances, all of which shall be usable, nor shall it apply to the processing of used, discarded, or salvaged materials incident to manufacturing activity on the same site where such processing occurs.

Effective on: 11/18/2013

Satellite Dish Antenna

A round or parabolic antenna and its supporting structure for the purposes of sending and/or receiving radio or electromagnetic signals. Satellite dishes with a diameter up to 39 inches are considered as "small" satellite antenna dishes, while any such use with a diameter of more than 39 inches is considered as a "large" satellite dish antenna.

Effective on: 11/18/2013

School

A public or private school offering general, technical, or alternative instruction at the elementary, middle, and/or high school levels that operates in buildings or structures or on premises on land leased or owned by the educational institution for administrative purposes. Such uses include classrooms, vocational training (including that of an industrial nature for instructional purposes only), laboratories, auditoriums, libraries, cafeterias, after school care, athletic facilities, dormitories, and other facilities that further the educational mission of the institution.

Effective on: 11/18/2013

Seasonal Sales

The temporary sale of goods or products associated with the season or a cultural event, such as the sale of Christmas trees, pumpkins, or seasonal produce. Such sales typically take place in locations not devoted to such sales for the remainder of the year.

Effective on: 11/18/2013

A building divided into sections for use for storage of items, either temporary or long-term, and not to be used for any other purpose (such as small offices, garages, etc.). Individual units may be accessed from the exterior and/or interior of the building. Also called "mini-warehouse (with external access)".

Effective on: 11/18/2013

Self-Service Storage with Internal Access Only

A building divided into sections for use for storage of items, either temporary or long-term, and not to be used for any other purpose (such as small offices, garages, etc.). Individual units must be accessed from internal corridors only; external access to units is prohibited. Also called "mini-warehouse (internal access only)".

Effective on: 1/1/1901

Setback

The shortest horizontal distance from the property line or right-of-way to the nearest point (leading edge) of a sign or its supporting member.

Effective on: 11/18/2013

Severe Pruning

The pruning, cutting, or otherwise damaging of the natural form of a tree or shrub, whether existing or planted, such that a significant or noticeable portion of the crown system is removed (i.e. 25 percent of the crown removed from a tree, or the continued cutting/trimming of trees previously pruned illegally, or pruning of trees that must grow naturally to meet the landscaping requirements), and/or if more than one-third of the overall circumference of a tree is exposed by pruning cuts.

Effective on: 11/18/2013

Shared Parking

See "Parking, Shared."

Effective on: 11/18/2013

Shoebox-Style Lighting Fixture

An exterior lighting device in the shape of a box that is typically mounted on a pole and constructed to direct illumination to a constrained area directly beneath the lighting fixture.

Effective on: 11/18/2013

Shrub

A woody plant, smaller than a tree, consisting of several small stems emerging from the ground, or small branches near the ground. Shrubs may be deciduous or evergreen.

Effective on: 11/18/2013

Sight Triangle

The triangular area formed by a diagonal line connecting two points located on intersecting right-of-way lines (or a right-of-way line and the curb or a driveway).

Effective on: 11/18/2013

Sight Visibility Triangle

The triangle area formed by a diagonal line connecting two points located on intersecting right-of-way lines (or a right-of-way line and the edge of a driveway), each point being a certain distance from the intersection, and the two intersecting right-of-way lines (or a right-of-way line and driveway). On some occasions, the City or the State Highway Department may require additional sight zones as deemed necessary to provide adequate safety.

Effective on: 11/18/2013

Sign

Any object, placard, device, display or structure, or part thereof, made of any material, except live vegetation, including any surface, fabric or other background material which is designed, constructed and/or used for the purpose of relaying information from a fixed or mobile position to visually inform, advertise, identify, display, promote, direct or attract the attention of general or privileged persons to an object, person, institution, organization, corporation, business, profession, commodity, product, service, event or location by any means including, but not limited to, words, letters, phrases, sentences, emblems, trademarks, trade names, insignias, numerals, figures, devices, designs, symbols, pictures, logos, fixtures, colors, illumination or projected images or any other attention directing device, displayed by means of paint, bills, posters, panels or other devices erected on an open framework, or attached or otherwise applied to stakes, poles, trees, buildings or other structures or supports. The term "sign" shall include the terms advertisement, announcement, insignia, billboard, bill, billet, badge, display, brand, emblem, flyer, label, message board, poster, shingle, symbol, title and trademark. The term "sign" shall not include the terms television, telegraph, radio, signal or transmission. If the message is removed from a structure that was originally designed and used as a sign, this structure shall still be considered a sign.

Effective on: 11/18/2013

Sign, Animated

A sign or display manifesting either kinetic or illusionary motion occasioned by natural, manual, mechanical, electrical or other means.

Effective on: 11/18/2013

Sign, Awning

A sign placed directly on the surface of an awning. For purposes of this article an awning sign for measuring purposes will be considered a wall sign.

Effective on: 11/18/2013

Sign, Billboard

A permanent, usually freestanding, off-premises sign that is affixed to the ground or to a building, owned by a person, corporation or other entity that engages in the business of selling or leasing the advertising space on that sign and which advertises an establishment, service, commodity, goods or entertainment sold or offered on premises other than that on which such sign is located. Such signs commonly referred to as "outdoor advertising signs" are generally designed so that the copy or posters on the sign can be changed frequently.

Effective on: 11/18/2013

Sign, Bulletin Board

A sign used to announce meetings or programs to be held on the premises of a church, school, auditorium, library, community recreation center or similar noncommercial places of public assembly.

Effective on: 11/18/2013

Sign, Business Vehicle

A sign that is placed upon, or painted on, or attached to a vehicle which is parked or placed upon the owner's premises primarily for advertising purposes.

Effective on: 11/18/2013

Sign, Canopy

A sign attached to or painted onto or forms a part of a canopy. For the purposes of this article a canopy sign for measuring purposes will be considered a wall sign.

Effective on: 11/18/2013

Sign, Channel Letter
An attached sign consisting of individual three-dimensional letters, numbers or symbols that uses the building wall or façade as the sign’s background.

Effective on: 8/22/2016

Sign, Changeable Copy

A sign message center or reader board that is designed so that its informational content or copy can be changed or altered by manual, electrical, electro-mechanical or electronic means. A changeable copy sign shall be counted as a sign face

Effective on: 11/18/2013

Sign Clearance

The smallest vertical distance between the grade of the adjacent street and the lowest point of any sign, including framework and embellishment, extending over that grade.

Effective on: 11/18/2013

Sign, Conforming

A sign which is in compliance with all the provisions of this article.

Effective on: 11/18/2013

Sign, Construction

A sign placed at a construction site giving the name or names of building owners or developers, architects, engineers, and/or lending institutions and principal contractors, subcontractors and material suppliers participating in construction on the site where the sign is placed, together with other appropriate information included thereon.

Effective on: 11/18/2013

Sign Copy

Alphabetic, pictorial, numerical and/or graphic display of permanent or removable words, letters, numbers, figures, characters, symbols, logos or insignia that are used on a sign display surface area for advertising and/or informational purposes.

Effective on: 11/18/2013

Sign, Directory

A sign listing the names and/or uses, or locations of more than one business, activity or professional office conducted within a building, group of buildings or shopping center. Such a sign contains no other identifying/advertising message than that listed above.

Effective on: 11/18/2013

Sign, Double-Faced

A sign designed to be seen from two opposite directions, which shall be considered as one sign, provided that the two sign faces shall be supported on the same pole or other structure, are at the same elevation and form an angle of 45 degrees or less on an interior lot or 90 degrees or less on a corner lot.

Effective on: 11/18/2013

Sign, Electrical

A sign or sign structure in which electrical wiring, connections or fixtures are used.

Effective on: 11/18/2013

Sign, Electric Awning or Back Lit Awning

An internally illuminated fixed space frame structure with translucent, flexible reinforced covering designed in awning form and with graphics or copy applied to the visible surface of the awning.

Effective on: 11/18/2013

Sign, Exempt

Any sign which is specifically listed as exempt from this article. Exempt signs are not regulated by the terms of this article and shall not require a permit.

Effective on: 11/18/2013

Sign Face

The part of a sign that is or can be used to identify, advertise or communicate information, or is used for visual representation which attracts the attention of the public for any purpose. Sign face includes any background material, panel, trim, color and direct or internal illumination used that differentiates that sign from the building, structure, backdrop, surface or object upon which or against which it is placed. The sign structure shall not be included as a portion of the sign face provided that no identifying/advertising message, symbol or any of the aforementioned sign face criteria are displayed on or designed as part of the sign structure, whether structurally necessary or not.

Effective on: 11/18/2013

Sign, Flashing

Any sign which contains an intermittent or flashing light source, or which includes the illusion of intermittent or flashing light by means of animation or an externally mounted intermittent light source. Automatic changing signs such as public service time, temperature and date signs or electronically controlled message centers are classified as changeable copy signs, not flashing signs.

Effective on: 11/18/2013

Sign, Freestanding

A sign which is permanently affixed to and supported by structures or supports such as poles, masts or frames which are placed upon or anchored in the ground and which structures or supports are independent from any building or other structure. For the purposes of this article a freestanding sign shall be only those signs meeting the definition given above and which are located on the same premises for which its message is carried. Pole, ground and billboard signs are examples of freestanding signs.

Effective on: 11/18/2013

Sign, Government

Any temporary or permanent sign erected and maintained for any governmental purposes including, but not limited to, legal notices, identification and informational signs, and traffic warning, directional or regulatory signs.

Effective on: 11/18/2013

Sign, Ground

A freestanding sign with a base which either appears to rest on the ground or which has a support which places the base and portion of the sign copy area less than ten feet from the ground. Pylon and monument signs are ground signs.

(Ord. S2016-00, § 11, 8-22-2016)

Effective on: 8/22/2016

Sign, Historic or Landmark

A sign which exhibits unique characteristics that enhance the streetscape or identity of a neighborhood and as such contributes to the historical or cultural character of the community at large.

Effective on: 11/18/2013

Sign Height

The vertical distance measured from the highest point of the sign, including decorative embellishments, to the grade of the adjacent street or the surface grade beneath the sign, whichever is less.

Effective on: 11/18/2013

Sign, Illegal

A sign which does not meet the requirements of this article and which has not received legal nonconforming status.

Effective on: 11/18/2013

Sign, Identification

Means a sign which establishes for drivers and pedestrians the business or development located on that property or development site.

Effective on: 9/28/2015

Sign, Illuminated

A sign illuminated in any manner by an artificial light source, whether internally or externally lit.

Effective on: 11/18/2013

Sign, Incidental

A small sign, emblem or decal informing the public of goods, facilities or services available on the premises, e.g., a credit card sign or a sign indicating hours of business.

Effective on: 11/18/2013

Sign, Indirectly or Externally Illuminated

A sign designed to have illumination from a detached light source, shielded so that no direct rays from the light source are visible elsewhere than on the lot where such illumination occurs.

Effective on: 11/18/2013

Sign, Informational or Instructional

An on-premises sign designed to guide vehicular and or pedestrian traffic and give other instruction or direction to the public but not including any advertising message. The name or logo of the business or use about which the sign is giving direction may also be included on the sign, provided such name or logo does not comprise more than ten percent of the copy area. Such signs include, but are not limited to, the following: the identification of rest rooms, public telephones, walkways, entrance and exit drives, parking, handicapped access, freight entrances and traffic direction.

Effective on: 11/18/2013

Sign, Internally or Directly Illuminated

A sign where the source of the illumination is inside the sign and light emanates through the message of the sign through transparent or translucent materials rather than being reflected off the surface of the sign from an external source. Without limiting the generality of the foregoing, signs that consist of or contain tubes that (i) are filled with neon or some other gas that glows when an electric current passes through it and (ii) are intended to form or constitute all or part of the message of the sign, rather than merely providing illumination to other parts of the sign that contain the message, shall also be considered internally or directly illuminated signs.

Effective on: 11/18/2013

Sign Maintenance

The cleaning, painting, repair or replacement of defective parts of a sign in a manner that does not alter the basic copy, design or structure of the sign.

Effective on: 11/18/2013

Sign Lighting, General

Illumination of sign face where sign face is neither lit internally nor subject to an external source of light specifically directed at it. The sign depends on the general illumination of the area (e.g., parking lot, traffic, or pedestrian areas) for its illumination.

Effective on: 11/18/2013

Sign, Marquee

A sign affixed, superimposed, or painted on a marquee identifying the name of an establishment, type of product sold, manufactured or assembled, and/or service or entertainment offered on the premises where such a sign is displayed. For purposes of this article a marquee sign for measuring purposes will be considered a wall sign.

Effective on: 11/18/2013

Sign, Memorial

A sign designating names of buildings and/or date of erection and other items such as architect, contractor, or others involved in the building's creation, cut into or attached to a building surface.

Effective on: 11/18/2013

Sign, Motion

A sign or device designed to attract attention, all or any part of which uses movement or apparent movement by fluttering, revolving, rotating, spinning, swinging, animation or moving in some other manner and is set in motion by movement of water or the atmosphere or by mechanical, electrical or any other means.

Effective on: 11/18/2013

Sign, Movable

A sign which is movable by two or fewer individuals without aid of a motor vehicle or other mechanical equipment. The term movable sign includes the terms A-frame sign, T-shaped sign and tent sign.

Effective on: 11/18/2013

Sign, Multiple-Faced

A sign containing three or more faces, not necessarily in back-to-back configuration.

Effective on: 11/18/2013

Sign, Nameplate

A non-electric on-premises identification sign giving only the name, address and/or occupation of an occupant or group of occupants.

Effective on: 11/18/2013

Sign, Noncommercial

Any sign, display or device that does not direct attention to a business operated for profit, or to a commodity, product or service for sale which displays a substantive message, statement or expression that is protected by the First Amendment to the United States Constitution.

Effective on: 11/18/2013

Sign, Nonconforming

Any sign which was lawfully erected in compliance with applicable Ordinance provisions and maintained prior to the effective date of the ordinance from which this article is derived, and any amendments to, or prior to annexation into the City and which fails to conform to all applicable standards and restrictions of this article. An illegal sign is not a nonconforming sign.

Effective on: 11/18/2013

Sign, Object or Product

A sign used in conjunction with equipment or other functional elements of a use or operation. These shall include, but not be limited to, drive-through window menu boards, and signs on automatic teller machines, gas pumps, vending machines or newspaper boxes.

Effective on: 11/18/2013

Sign, Official

Any sign, symbol or device erected and maintained by a Federal, State, County or municipal government or authorized by a Federal, State, County or municipal government to be erected and maintained by a private party for the purpose of informing, directing or guiding the public.

Effective on: 8/22/2016

Sign, Painted Wall

A sign which is applied with paint or similar substance directed on any exterior building wall or door surface, exclusive of windows or door glass areas.

Effective on: 11/18/2013

Sign Permit

A permit for a sign reviewed and approved, approved with conditions, or denied by the City Manager in accordance with Section 30-2.C.11, Sign Permit.

Effective on: 11/18/2013

Sign, Pole

A freestanding sign which is supported from the ground by one or more poles or similar support structures of narrow width (maximum of 20 percent of the width of the sign face), which places the copy area of the sign 10 feet or more above grade level (not a ground sign).

Effective on: 2/23/2026

Sign, Pole Cover
Decorative covers placed over the supporting structures of pole signs.

Effective on: 8/22/2016

Sign, Portable

A sign designed or intended to be readily relocated from one location to another whether on the same premises or on different premises, is not permanently attached to the ground, building or other permanent structure and is differentiated from a movable sign in that it may be equipped for transportation by motor vehicle or other mechanical means. The term "portable sign" shall include signs on wheels, trailers, truck beds, or any other device which is capable of or intended to be moved from one location to another. Signs defined as temporary signs are not included in this definition.

Effective on: 11/18/2013

Sign, Primary

The principal sign used to identify a building, use or activity.

Effective on: 11/18/2013

Sign, Projecting

A sign which projects from and is supported by a building or other structure only when such projection is greater than 12 inches. The term "projecting sign" does not include the terms wall, awning, canopy or marquee sign, which are otherwise defined in this section.

Effective on: 11/18/2013

Sign, Public Interest

A sign on private property that displays information pertinent to the safety or legal responsibilities of the general public such as warning and no trespassing signs.

Effective on: 11/18/2013

Sign, Roof

A sign erected or maintained in whole or in part on, upon or over the roof or parapet of a building or structure and which is wholly or partially dependent upon the roof of the building or structure for support.

Effective on: 11/18/2013

Sign, Rotating

See Sign, animated, mechanically energized.

Effective on: 11/18/2013

Sign, Snipe

A temporary sign or poster affixed to a fence, pole, post, hydrant, bridge, another sign, public bench, street light or any tree, rock or other natural object.

Effective on: 11/18/2013

Sign, Sports Field

A temporary sign advertising an individual, business, or organization that has provided financial or other support to a school (but not including colleges or universities) or public recreation program for youth team sports.

(Ord. No. S2014-009, § 2, 4-28-2014)

Effective on: 6/23/2025

Sign Structure

Any structure which supports, has supported or is capable of supporting a sign, including any decorative cover for such sign structure.

Effective on: 11/18/2013

Sign, Supplementary

A sign subordinate to the principal sign.

Effective on: 11/18/2013

Sign, Temporary

Any sign, designed in structure, materials and/or copy message, which is temporary in nature to be used in connection with a circumstance, situation or event that is designed, intended or expected to take place or to be completed within a reasonably short or definite period after the erection of such sign, whether attached to a structure, fence or freestanding, and whether or not it contains a frame. The term "temporary sign" includes the terms "banner," "pennant," "valance," "flyer" and "announcement." Temporary sign materials consist of cloth, vinyl, canvas, light fabric, cardboard, paper, wall board or other light material. This definition shall not include a permanent sign display area with changeable copy, or movable or portable signs.

Effective on: 11/18/2013

Sign, Three-Dimensional (or 3-D)
Freestanding or attached signs that have or appear to have height, width, and depth in forming figures, shape, letters, numbers or symbols.  (Channel letter signs are not 3-D signs.)

Effective on: 8/22/2016

Sign, Under-Canopy

A sign suspended beneath a canopy, ceiling, roof or marquee.

Effective on: 11/18/2013

Sign, Vehicle

A sign on a parked vehicle visible from the public right-of-way where the primary purpose of the vehicle is to advertise a product or to direct people to a business or activity located on the same or nearby property. For the purposes of this article, vehicular signs shall not include business logos, identification or advertising on vehicles primarily used for other business purposes.

Effective on: 11/18/2013

Sign, Wall

A sign which is placed on and/or attached to and supported throughout its entire length by the façade or exterior side of a building (or fence) wall by means of adhesive, paint, manufacturing process, structural and/or mechanical attachment, where such sign is not more than 12 inches from the façade or exterior wall line and when its exposed face is parallel or approximately parallel to the plane of the building or structure on which the sign is affixed. Such sign may not extend above the roof line.

Effective on: 11/18/2013

Sign, Window

A sign that is placed on and/or attached to the interior side of a window or door glass of a building by means of adhesive, paint and/or manufacturing process intended for viewing from the exterior of such building; or a sign within a building, placed no more than 12 inches behind the window which is visible through the window.

Effective on: 11/18/2013

Significant Land-Disturbing Activity

As related to Section 30-2.C.9, Clear-Cutting Permit, the clearing, removal of vegetation, grubbing, grading, or deposition of fill on a lot or site.

Effective on: 11/18/2013

Significant Vegetation

Existing healthy self-supporting vegetation on a parcel or site which is composed of canopy trees with a diameter of ten inches or greater and understory trees with a trunk caliper of four inches or greater. Significant vegetation does not include vines, non-woody vegetation, damaged, diseased, or nuisance trees.

Effective on: 11/18/2013

Site Landscaping

Required vegetative material consisting of trees and shrubs that exist or that are placed on a development site to soften built edges and provide transitions.

Effective on: 11/18/2013

Site Plan, Major

A permit for construction reviewed and approved, approved with conditions, or denied by the Technical Review Committee in accordance with Section 30-2.C.5.d, Major Site Plan Procedure.

Effective on: 11/18/2013

Site Plan, Minor

A permit for construction reviewed and approved, approved with conditions, or denied by the City Manager in accordance with Section 30-2.C.5.e, Minor Site Plan Procedure.

Effective on: 11/18/2013

A plan submitted by a landowner in conjunction with an application for a planned development, conditional rezoning, or special use permit that describes, with reasonable certainty, the type and intensity of use for a specific parcel of land, as defined in Section 160D-108.1(a) of the North Carolina General Statutes, the approval of which establishes a vested right in accordance with Section 160D-108.1 of the North Carolina General Statutes.

Effective on: 11/18/2013

Silviculture

The farming of trees in accordance with the State of North Carolina Forestry Commission requirements.

Effective on: 11/18/2013

An accessory use that is a room or space in which people sleep, which can also include permanent provisions for living, eating, and either sanitation or kitchen facilities but not both. Such rooms and spaces that are part of a dwelling unit are not sleeping units.

Effective on: 1/1/1901

Small-Scale Turbine

A rotating machine which converts the kinetic energy of wind into mechanical energy for use by homes and businesses.

Effective on: 11/18/2013

Solar Access

The ability to receive sunlight across real property for any solar energy device.

Effective on: 11/18/2013

Solar Energy Equipment

A system designed to convert solar radiation into usable energy for space, water heating, or other uses.

Effective on: 11/18/2013

Sorority House

See "Fraternity/Sorority House".

Effective on: 11/18/2013

Special Event

A planned, temporary activity.

Effective on: 11/18/2013

Special Use Permit

A permit for construction reviewed and approved, approved with conditions, or denied by the City Council in accordance with Section 30-2.C.7, Special Use Permit.

Effective on: 11/18/2013

Specialty Eating Establishment

Establishments selling specialty food items that normally do not constitute a full meal, including but not limited to: ice cream parlors, dessert cafés, snack shops, juice and coffee houses, and bakeries.

Effective on: 11/18/2013

Specimen Tree

A healthy tree considered to be an important community asset due to its unique or noteworthy characteristics or values and which meet the minimum size thresholds included in Section 30-5.B.6.e, Specimen Trees Defined; Provisions for Removal.

Effective on: 11/18/2013

Stabilization

The installation of vegetative or structural measures to establish a soil cover to reduce soil erosion by stormwater runoff, wind, ice, and gravity.

Effective on: 11/18/2013

Stacking/Standing Area

A portion of the vehicular use area on a site that is dedicated to the temporary storage or "standing" of vehicles engaged in drive-through use of the site or development. Parking or storage of vehicles is not permitted within the stacking/standing area.

Effective on: 11/18/2013

Stadium

See "Arena".

Effective on: 11/18/2013

State

The state of North Carolina.

Effective on: 11/18/2013

State Building Code

The Minimum Building Code for the State of North Carolina.

Effective on: 11/18/2013

Stop Work Order

An order issued by the City Manager directing the person responsible for a land disturbing activity or other act to cease and desist all or any portion of the activity which violates the provisions of this Ordinance.

Effective on: 11/18/2013

Stormwater Runoff

Direct response of a watershed to precipitation and includes the surface and subsurface runoff that enters a ditch, stream, storm sewer or other concentrated flow during and following the precipitation.

Effective on: 11/18/2013

Street (or Road)

A public or private right-of-way that is designed, dedicated, or used principally for vehicular traffic, and provides access for abutting properties.

Effective on: 11/18/2013

Street, Alley

Any strip of land publicly or privately owned, less than 24 feet in width between property lines, set aside for vehicular right-of-way to adjoining properties.

Effective on: 11/18/2013

Street, Arterial

A street or highway of exceptional continuity designed to route traffic traveling on important federal-state highway systems through or around the City.

Effective on: 11/18/2013

Street, Collector

A street that provides circulation within and between neighborhoods and collects vehicles from local streets for distribution to the arterial network.

Effective on: 11/18/2013

Street, Feeder

A street or highway providing access to arterial streets, primary major streets and/or secondary major streets.

Effective on: 11/18/2013

Street, Minor

A local service street designed primarily for access to abutting properties.

Effective on: 11/18/2013

Street, Primary Major

A street or highway of considerable continuity, designed primarily as a radial or crosstown traffic artery for inter-communication between various sectors of the City or its metropolitan area.

Effective on: 11/18/2013

Street, Private

A vehicular way, with a street name approved by the City; maintained by a private entity, individual, corporation, or homeowner's association; properly platted for individual dwelling unit ownership; certified; and recorded with required disclosures in accordance with the standards in this Ordinance.

Effective on: 11/18/2013

Street, Residential

A local service street designed primarily for access to abutting residential properties.

Effective on: 11/18/2013

Street, Secondary Major

A street or highway serving as a connecting link between two primary major or arterial streets or serving as a part of the system of secondary County roads maintained by the state highway agency.

Effective on: 11/18/2013

Street Frontage

The distance for which a lot line adjoins a public or private street from one lot line intersecting the street to the furthest lot line intersecting the same street.

Effective on: 11/18/2013

Street Jog

An offset of two or more streets at their intersection where the centerlines of at least two of the street segments are not in alignment with one another on opposing sides of the intersection.

Effective on: 11/18/2013

Street Stub

A nonpermanent dead end street intended to be extended in conjunction with development on adjacent lots or sites.

Effective on: 11/18/2013

Street Tree (or "Public Tree")

A canopy tree planted or existing within or along either side of a street right-of-way.

Effective on: 11/18/2013

Street Vista

A distant view, especially one seen through an opening, as between rows of buildings or trees, or at the terminus of streets. Examples of buildings that traditionally terminate street vistas are schools, churches, and government buildings.

Effective on: 11/18/2013

Street Yard

An area required to be landscaped with (new or existing) trees and shrubs when off-street parking or vehicular circulation is located adjacent to the street. The depth of the street yard varies based on the perpendicular depth of the adjacent (size of the) parking lot. When buildings are moved up to the street, the street yard requirement is eliminated in that area.

Effective on: 11/18/2013

Structure

Anything constructed, installed, or portable, the use of which requires a location on a parcel of land. This includes a fixed or movable building which can be used for residential, business, commercial, agricultural, or office purposes, either temporarily or permanently. "Structure" also includes, but is not limited to, swimming pools, tennis courts, signs, cisterns, sewage treatment plants, sheds, docks, mooring areas, and similar accessory construction.

Effective on: 11/18/2013

Structural (Architectural) Trim

The molding, battens, capping, nailing strips, latticing and platforms which are attached to a sign structure.

Effective on: 11/18/2013

Subdivider

Any person who subdivides land deemed to be a subdivision as defined by this Ordinance.

Effective on: 11/18/2013

Subdivision

The division of a tract of land into two or more lots, building sites, or other divisions for the purpose, whether immediate or future, for sale or building development. This includes all divisions of land involving the dedication of a new street or a change in an existing or proposed street or streets, and includes a resubdivision and, where appropriate to the context, relates to the process of subdividing or to the land or area subdivided.

Effective on: 11/18/2013

Subdivision Exemption

A permit approved, approved with conditions, or denied by the City Manager in accordance with Section 30-2.C.6.f, Subdivision Exemption.

Effective on: 11/18/2013

Subdivision Waiver

An application to depart from one or more of the City's subdivision standards approved, approved with conditions, or denied by the City Council in accordance with Section 30-2.C.15, Subdivision Waiver.

Effective on: 11/18/2013

Swimming Pool

An above- or below-ground structure that is filled with water and used for swimming.

Effective on: 11/18/2013

Tandem Parking

See Parking, Tandem.

Effective on: 11/18/2013

Tattoo Parlor

An establishment whose principle business activity, either in terms of operation or as held out to the public, is the practice of one or more of the following: (1) placing of designs, letters, figures, symbols, or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin.

Effective on: 11/18/2013

Technical Review Committee

A group of City staff and other agency officials who serve as the Technical Review Committee for the City of Fayetteville, North Carolina. See Section 30-2.A.8.a, Technical Review Committee.

Effective on: 11/18/2013

Telecommunications Antenna, Collocation on Existing Tower

Collocation is a situation in which two or more different wireless communication service providers place wireless communication antenna(s) and/or other wireless communications equipment on a common antenna-supporting structure (building, tower, or other stationary device).

Effective on: 11/18/2013

Telecommunications Antenna, Placement on Existing Building

The placement of a wireless telecommunications antenna on an existing business use or multi-family building with eight or more dwelling units.

Effective on: 11/18/2013

Telecommunications Tower, Freestanding

A structure erected on the ground and used primarily for the support of antennas for wireless telephone, and similar communication purposes and utilized by commercial, governmental, or other public or quasi-public users. The term includes microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term does not include private home use of satellite dishes and television antennas, or amateur radio operators as licensed by the FCC.

Effective on: 11/18/2013

Temporary Use Permit

A permit authorizing the operation of a temporary use or special event approved, approved with conditions, or denied by the City Manager in accordance with Section 30-2.C.10, Temporary Permit.

Effective on: 11/18/2013

Text Amendment

An amendment to the language of this Ordinance approved, approved with conditions, or denied by the City Council in accordance with Section 30-2.C.2, Text Amendment.

Effective on: 11/18/2013

Theater

A building, or part thereof, which contains an assembly hall with or without stage which may be equipped with curtains and permanent stage scenery or mechanical equipment adaptable to the showing of plays, operas, motion pictures, performances, spectacles, and similar forms of entertainment.

Effective on: 11/18/2013

Therapeutic Home

A 24-hour residential treatment facility located in a private residence that provides professionally trained parent-substitutes who work intensively with children and adolescents who are emotionally disturbed or have a substance abuse problem, or both.

Effective on: 11/18/2013

Through Lot

A lot with street frontage on both the front and rear lot lines.

Effective on: 11/18/2013

Tire Disposal or Recycling

A facility that disposes of or recycles waste tires or waste tire residuals.

Effective on: 11/18/2013

Tool Repair

An establishment that repairs tools for compensation.

Effective on: 11/18/2013

Tobacco and Hemp Retail

The principal sales and/or distribution of:

1. 1.
   Any product that contains tobacco or nicotine, irrespective of whether the nicotine is tobacco-derived or synthetic, and is intended for human consumption, as defined by G.S.14-313(4). As used in this subchapter, "tobacco product" includes but is not limited to: cigarettes, cigars, pipe tobacco, electronic cigarettes, hookah, smoked or vaped tobacco substitutes, chewing tobacco, snuff, snus, dissolvable tobacco products, and heated tobacco products. Tobacco product does not include nicotine replacement products approved by the USFDA for treatment of tobacco use and dependence.
2. 2.
   Any product that contains tetrahydrocannabinol (THC), irrespective of whether the THC is hemp derived or synthetic. Products that contain no greater than .3% THC are exempt.
3. 3.
   Any product that contains Mitragyna speciosa, commonly known as kratom.

(Ord. No. S2024-017A, 1, 10/28/2024)

Effective on: 10/28/2024

Topping

The severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree as to remove the normal canopy and disfigure the tree. Also see "Severe Pruning".

Effective on: 11/18/2013

Tourist Home

An establishment in a private dwelling that supplies temporary lodging accommodations to not more than five overnight guests for a fee.

Effective on: 11/18/2013

Traditional Neighborhood Development

A form of development that encourages mixed-use, compact development with integrated land uses centered on public spaces, and a strong emphasis on pedestrian orientation.

Effective on: 11/18/2013

Traffic Calming Device

A natural or constructed feature located within or adjacent to a street that is designed to reduce motorist speed or vehicle volumes, while at the same time increasing safety for pedestrians and non-motorized vehicles.

Effective on: 11/18/2013

Transitional Housing

A principal or accessory use that provides shelter to homeless persons for an extended period of time and generally integrated with social services and counseling programs to assist in the transition of those persons to self-sufficiency through the acquisition of stable incomes and permanent housing.

Effective on: 11/18/2013

Transitional Zone, Airspace

The area within the Fayetteville Regional Airport airspace that extends outward and upward from the sides of the approach zones for a horizontal distance as shown on the Airport Airspace Plan contained within the 2005 Fayetteville Regional Airport Master Plan, Sheet Number 6, or any subsequent amendment upon official adoption to the Airport Master Plan.

Effective on: 11/18/2013

Travel Lanes

Portions of a public or private street intended solely for the movement of vehicles, not parking or standing.

Effective on: 11/18/2013

Tree, Deciduous

A tree that drops its foliage annually before becoming dormant.

Effective on: 11/18/2013

Tree, Evergreen

A tree with foliage that is not dropped, or that remains green throughout the year.

Effective on: 11/18/2013

Tree, Shade

See "Canopy Tree."

Effective on: 11/18/2013

Tree, Street

See "Street Tree."

Effective on: 11/18/2013

Tree, Ornamental

See "Understory Tree."

Effective on: 11/18/2013

Tree Protection Zone

A designated area around a tree or group of trees to be saved, which is set off from construction activity by the use of a fence or other protective barrier thereby keeping the critical root zone of the tree protected and free from unwanted harmful activities. The area of the Tree Protection Zone should be equal to or greater than the Critical Root Zone. See Section 30-5.B.8, Tree Protection During Construction.

Effective on: 11/18/2013

Truck or Freight Terminal

A use where buses, trucks, and cargo are stored, where loading and unloading is carried on regularly, and where minor maintenance of these types of vehicles is performed.

Effective on: 11/18/2013

Truck or Tractor Rental And Sales

An establishment where new or used trucks are displayed for sale, lease, or rental.

Effective on: 11/18/2013

Truck Stop

A facility providing services to the trucking industry, including any one of the following: truck repair shops, shower facilities, truck scales, a mjaority of the fuel dispensers are for trucks, and overnight parking facilities.

Effective on: 11/18/2013

Turning Radius

The arc of a public or private street where it intersects with another street.

Effective on: 11/18/2013

Understory or Ornamental Tree

A tree that has an expected height at maturity of no greater than 30 feet.

Effective on: 11/18/2013

Unit Ownership (Condominium) Development

A project of two or more residential units in one or more multiunit buildings with common areas and facilities, designed and constructed for unit ownership as permitted by the North Carolina Unit Ownership Act when approved under the requirements for unit ownership developments set forth in this Ordinance.

Effective on: 11/18/2013

University

See "College or University".

Effective on: 11/18/2013

Urban Agriculture

Land uses involved in the indoor or outdoor cultivation (including aquaculture/hydroponics) of fruits, vegetables, fish and shellfish.  Such uses may or may not be primarily intended for local retail, restaurant or institutional markets. Specifically excluded from this definition is the cultivation of livestock, including, but not limited to, poultry, rabbits, beef and swine.

(Ord. No. S2014-014, §1, 8-11-2014)

Effective on: 1/1/1901

Use

The purpose for which a building, lot, sign or structure is intended, designed, occupied or maintained.

Effective on: 11/18/2013

Urban Amenities

Pedestrian-oriented site features such as sidewalk cafes, outdoor waiting areas, courtyards, plazas, etc.

Effective on: 11/18/2013

Urban Services Area

The urban services area for the City as shown on the urban services area map for the City, as approved by the City Council, the original of which shall be maintained in the office of the City Clerk, and copies kept in the offices of the inspection superintendent and the planning staff. Attached to and included as part of the urban services area map shall be the development standards based upon density for the urban services area as approved by the City Council.

Effective on: 11/18/2013

Utility, Major

Infrastructure services providing regional or community-wide service that normally entail the construction of new buildings or structures such as water towers, waste treatment plants, potable water treatment plants, solid waste facilities, and electrical substations.

Effective on: 11/18/2013

Utility, Minor

Infrastructure services that need to be located in or near the neighborhood or Use Type where the service is provided. Examples of Minor Utilities include water and sewage pump stations, storm water retention and detention facilities, telephone exchanges, and surface transportation stops such as bus stops and park-and-ride facilities.

Effective on: 11/18/2013

Variance

A development application reviewed and approved, approved with conditions, or denied by the Zoning Commission in accordance with Section 30-2.C.14, Variance.

Effective on: 12/14/2015

Vegetation

All plant growth, including trees, shrubs, mosses, and grasses.

Effective on: 11/18/2013

Vegetation, Native

Any indigenous tree, shrub, ground cover or other plant adapted to the soil, climatic, and hydrographic conditions occurring on the site.

Effective on: 11/18/2013

Vehicle/Property Maintenance Facility

Accessory buildings or other structures used for storage of materials or equipment necessary for the day-to-day operations of a principal use. Such facilities may also include a limited area for actual maintenance activities such as cleaning, repair, or assembly.

Effective on: 11/18/2013

Vehicular Use Area

The portion of a site or development dedicated to vehicular ingress and egress, off-street parking, parking aisles, internal travel ways, fire lanes, and other areas dedicated to vehicular use, but not necessarily including vehicular storage areas.

Effective on: 11/18/2013

Vehicular Use Area Landscaping, Interior

Vegetative material, structures (walls or fences), berms, and associated ground cover located within the interior of a parking lot, or other vehicular use area for the purposes of providing visual relief and heat abatement. (See Section 30-5.B.4.c.3)

Effective on: 11/18/2013

Vehicular Use Area Landscaping, Property Perimeter

Vegetative material, structures (walls or fences), berms, and associated ground cover located around the perimeter of a parking lot, or other vehicular use area when such areas are adjacent to a street right-of-way or land in a residential district or residentially developed lands, used property for the purposes of screening the vehicular use area from off-site views. (See Section 30-5.B.4.c.4.)

Effective on: 11/18/2013

Vested Rights

The right to undertake and complete a development or use of property under the terms and conditions of an approved Site-Specific Vesting Plan currently in effect, a Vested Rights Certificate, or as otherwise allowed by law.

Effective on: 11/18/2013

Vested Rights Certificate

A permit vesting a development approval approved, approved with conditions, or denied by the City Manager in accordance with Section 30-2.C.19, Vested Rights Certificate.

Effective on: 11/18/2013

Veterinary Clinic

A facility for the care and treatment of animals, including household pets and larger domesticated animals. Such facilities may be entirely indoors or may have both indoor and outdoor components.

Effective on: 11/18/2013

Vocational or Trade School

A specialized instructional school operating for or not for profit that provides on-site training of business, commercial, and/or trade skills such as accounting, data processing, and computer repair.

Effective on: 11/18/2013

Wall, Parapet

A low protective or decorative wall or railing along the edge of a raised structure such as a roof or balcony.

Effective on: 11/18/2013

Wall Packs

An exterior lighting device that is flush-mounted on a vertical wall surface.

Effective on: 11/18/2013

Warehouse (Distribution)

A use engaged in distribution of manufactured products, supplies, and equipment.

Effective on: 11/18/2013

Warehouse (Storage)

A use engaged in storage of manufactured products, supplies, and equipment excluding bulk storage of materials that are flammable or explosive or that present hazards or conditions commonly recognized as offensive.

Effective on: 11/18/2013

Waste Composting

Uses where solid wastes are composted using composting technology. Accessory uses may include offices and repackaging and transshipment of by-products.

Effective on: 11/18/2013

Wholesale Establishment

Establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users; or to other wholesalers. Wholesale establishment does not include contractor's materials or office or retail sales of business supplies/office equipment.

Effective on: 11/18/2013

Youth Club Facility

A boys' club, a girls' club, or any other non-profit facility that is not a school but which provides entertainment, recreation, crafts, tutorials or other quality of life enhancements for minors.

Effective on: 11/18/2013

Zero Lot Line Development

A development consisting of one or more structures comprising at least two single-family residences or businesses whether attached or detached intended for separate ownership, and developed in accordance with this Ordinance. The zero lot line provision shall only be used in situations where a buildable vacant lot exists or is created.

Effective on: 11/18/2013

Zoning Commission

The Zoning Commission for the City of Fayetteville, North Carolina.

Effective on: 11/18/2013

(Ord. No. S2011-008, §§ 8, 12.1, 7-25-2011; Ord. No. S2011-013, § 14.2, 11-28-2011; Ord. No. S2012-011, § 5, 5-29-2012; Ord. No. S2012-012, § 2, 7-9-2012; Ord. No. S2012-016, § 11.2, 9-10-2012; Ord. No. S2012-017, § 11, 9-10-2012; Ord. No. S2012-024, § 19, 11-13-2012; Ord. No. S2013-02, §§ 9, 11, 2-11-2013; Ord. No. S2013-015, § 8.0, 7-22-2013; Ord. No. S2013-020, § 3, 10-28-2013; Ord. No. S2014-014, §1, 8-11-2014; Ord. No. S2019-008, 2, 04/23/2019; Ord. No. S2019-009, § 2, 04/23/2019; Ord. No. S2019-016, 1, 04/23/2019; Ord. No. Ord. No. S2020-011, § 1, 11/23/2020; Ord. No. s2021-004, § 4, 04/15/2021; Ord. No. S2021-010, §§ 4, 5, 05/10/2021; Ord. No. S2021-023, §§ 1, 3, 05/10/2021; Ord. No. S2021-036, §§ 1, 2, 10/25/2021; Ord. No. S2022-005, § 1, 03/28/2022; Ord. No. S2022-033, § 1, 10/24/2022; Ord. No. S2024-008, § 1, 05/28/2024; Ord. No. S2024-009, § 1, 05/28/2024; Ord. No. S2025-004, § 1, 02/24/2025; Ord. No. S2025-021, § 1, 06/23/2025; Ord. No. S2025-022, § 1, 06/23/2025; Ord. No. S2026-006, § 3, 02/23/2026)

Effective on: 2/23/2026