Fayetteville City Zoning Code

Stripping of topsoil. No person, firm or corporation shall strip, excavate or otherwise remove topsoil for sale or for use other than on the premises from which the same shall be taken except in connection with the construction or alteration of a building on such premises and excavation or grading incidental thereto.

Natural production uses. There shall not be permitted in any district the excavation for sale of sand, gravel, clay, shale or other natural mineral deposit or the quarrying of any kind of rock formation.

Height exceptions. The height limitation of this chapter shall not apply to church spires, belfries, cupolas not used for human occupancy; nor to chimneys, ventilators, skylights, water tanks, bulkheads, antennas less than 10 feet in height over the roofline, similar features and necessary mechanical appurtenances usually carried above the roof level.

Ornamental features. The provisions of this chapter shall not apply to prevent the erection above the building height limit of a parapet wall or cornice for ornament (and without windows) extending above such height limit not more than five feet.

Reduced lot area. No lot shall be so reduced in area that any required open space will be smaller than that prescribed in the regulations for the district in which said lot is located.

Visibility at intersections. On a corner lot in any residential district where streets intersect at an angle of less than 135º, no fence, wall, hedge or other similar planting more than 3 1/2 feet in height shall be erected, placed or maintained within the triangular areas formed by the intersecting street lines and a straight line joining said street lines at points which are 30 feet distant from the point of intersection, measured along said street lines.

Terraces and decks. A paved terrace, patio or deck shall not be considered in the determination of yard size or lot coverage; provided, however, that they are unroofed and without walls, parapets or other form of enclosure. Such terrace, patio or deck, however, may have an open guardrailing not over three feet six inches and shall not project into any yard to a point closer than four feet to any lot line.

Porches. Any open or enclosed porch shall be considered a part of the building in the determination of the size of yard or lot coverage.

Projecting architectural features. The space in any required yard shall be open and unobstructed except for the ordinary projections of windowsills, belt courses, cornices, eaves and other architectural features; provided, however, that such features shall not project more than two feet into any required yard.

Bay windows. Bay windows, including their cornices and eaves, may project into any required yard not more than two feet; provided, however, that the sum of such projections on any wall does not exceed 1/3 the length of said wall.

Fire escapes. Open fire escapes may extend into any required yard not more than four feet six inches.

Front yard depth. In any residential district each dwelling hereafter erected shall have a front yard not less than the average depth of the front yards of the lots immediately adjacent thereto on either side.

Reduction in rear yards. When a lot is less than 100 feet deep at the time of the passage of this chapter, such rear yard depth may be decreased; provided, however, that no rear yard shall be less than 20 feet in depth.

The minimum site area in square feet per dwelling unit in multifamily districts, unless a larger area is required in a specific district, shall be as follows:

In the event that there is a conflict between the provisions herein stated and any other requirements of this chapter, those provisions requiring the largest site area shall govern.

Corner lot transition. On every corner in a residential district there shall be provided on the side street a side yard equal in depth to the required front yard depth on said side street. The rear yards shall be no less than 10 feet in depth.

Side yard and rear yard transition. Where a lot in a business district abuts a lot in a residential district, there shall be provided along such abutting lines a yard equal in width or depth to that required in the residential district.

Front yard transition. Where the frontage on one side of a street between two intersection streets is zoned partly as residential and partly as business, the front yard depth in the business district shall be equal to the required front yard depth of the residential district for a distance of 200 feet into the business district.

Industrial transition. Where a lot in an industrial district abuts lots in a residential district or a business district, there shall be provided along such abutting lines a yard of sufficient width or depth to provide an appropriate buffer between the industrial use and the residential or business district. The width or depth shall be determined by the Planning Board as part of the site plan review process after taking into consideration the type of use, character of the appropriate neighborhoods and other material factors, but in no event shall such yard be less than the width or depth of any abutting residential lot.

Garage entrances. In a nonresidential district, no public or private garage for more than five motor vehicles nor any gasoline service facility shall have an entrance or exit for motor vehicles within 50 feet of a residential district.

General restrictions. Lots, structures and uses existing in compliance with all applicable laws immediately prior to the effective date of chapter or any amendments to this chapter, but which are not permitted as a matter of right by the terms of this chapter or any such amendments, are deemed to be lawfully nonconforming. Prior lawful nonconforming lots, structures and uses are continued. Lawful nonconforming lots, structures and uses may continue to be used, repaired and maintained.

Subject to Subsection C, below, an increase in the floor space, cubic space or size, above or below grade, of a lawful nonconforming structure is permitted only when:

Notwithstanding Subsection B above, no special permit is required for a proposed increase in floor space, cubic space or size of a lawfully nonconforming structure when:

A nonconforming use shall not be expanded.

Whenever a nonconforming use has been discontinued for a period of one year, such use shall not thereafter be reestablished and any future use shall be in conformity with this chapter and all applicable laws. Subject to the foregoing, discontinuance of use of a lot or structure shall not impair the legal nonconforming status of the lot or structure.

Certification of legal nonconformity. The Village Board of Trustees may determine whether or not any lot, structure or use existing on the effective date of this chapter or any amendments to this chapter is lawfully nonconforming in accordance with § 187-14A above. The facts stated in any such determination shall be conclusive in all subsequent proceedings unless additional evidence is presented to the contrary. All such determinations shall be in writing and on a document, entitled "Certificate of Legal Nonconformity." Such certificates shall be transmitted to the property owner and kept on file in the office of the Village Clerk.

Any disagreement with a determination by the Village Board under the preceding subsection may be appealed to the Zoning Board of Appeals. Application for such appeal must be filed with the Codes Enforcement Officer within 60 days of the later of filing of such determination with the Village Clerk, mailing of such determination to the applicant of record or mailing of such determination to the owner of the property in question at the last known address shown on the Village tax roles for said property owner. If, prior to the rendering of such decision, the property owner has delivered to the Village Clerk a writing signed by the owner, referencing this subsection and directing the use of a different address, such different address shall be used.

Lots, structures and/or uses which exist in compliance with this chapter pursuant to a variance duly issued by the Zoning Board of Appeals are deemed to be legally nonconforming.

The following minimum number of parking spaces and adequate access shall be provided and satisfactorily maintained by the owner of the property for each building which, after the date when this provision becomes effective, is constructed for any of the following uses:

No parking shall be located in any front yard or within five feet of any side or rear lot line, except in driveways. For the purposes of this section, the term "front yard" shall mean the area between the roadway edge and that part of the principal building which is nearest to the roadway edge.

Controlled access. Adequate controlled access shall be provided in all parking areas as may be determined by the Planning Board, except in R-1 and R-2 Districts, which shall be determined by the Codes Enforcement Officer.

Existing parking spaces shall not be reduced below the minimum requirements of § 187-15.

Modifications or conversions of existing uses shall require an addition or reduction in spaces as follows: If the use as modified or converted requires more spaces than the original use, spaces equal in number to the difference shall be provided; if such modification results in a reduction, existing spaces may be reduced but not below the number required for the modified use.

There will exist no substantial conflict in the principal hours or period of peak demand of the uses for which the joint space is provided.

Such spaces shall not be located further than 500 feet from any of the principal uses which they serve.

A parking covenant is executed and delivered to the Planning Board, except in the case of joint use with a municipal parking lot.

Properties smaller than 10,000 square feet located in the R-1, R-2, R-3 or R-B Residential District shall be allowed no more than one entry from a public road for a driveway.

Properties larger than 10,000 square feet located in the R-1, R-2, R-3 or R-B Residential District shall be allowed no more than two entries from a public road for a driveway.

No driveway, turnaround or portion thereof located in the R-1, R-2, R-3 or R-B residential district shall cover more than 25% of each yard area adjoining a public road. For purposes of this section, each yard adjoining a public road shall be deemed a front yard.

The relocation, enlargement or modification of an existing driveway located in the Village of Fayetteville or the addition of an entry from a public road for a driveway shall require the approval of either the Village of Fayetteville Department of Public Works or the applicable Town, County or State Department of Transportation and site plan review and approval as set forth in the site plan review[1] and zoning chapters of the Village Code.

No entry from a public road for a driveway shall be located closer than 60 feet to the center line of a street intersecting the street containing the entry.

As a matter of original jurisdiction, the Village Board of Trustees, subject to the procedures, standards and limitations set out, hear, review and finally decide applications authorizing the development of museums, art galleries, public community centers and libraries as special permitted uses.

Special permit uses for museums, art galleries, public community centers and libraries require a careful review of their location, design, configuration and special impact to determine, against fixed standards, the desirability of permitting their establishment on any given site. They are uses which may or may not be appropriate in a particular location depending on a weighing, in each case, of the public need and benefit against the local impact and effect.

Notwithstanding anything to the contrary within the Code of the Village of Fayetteville, museums, art galleries, public community centers and libraries shall be an allowed use within all zoning districts of the Village but only upon issuance of the following:

For purposes of this section, the following terms shall have the meanings described herein: