Chapter 200 — Zoning and Land Use

Sec. 201.6. General.

The zoning map designates the location and boundaries of the zoning districts established in this ordinance and shall be kept on file in the office of the city clerk and be available for public inspection during normal business hours. The original version of the official zoning map shall be identified by the signature of the Mayor and Council and attested by the city clerk.

The zoning map may be kept in either hardcopy or digital form, and shall be the final authority as to the status of the current zone district classification of land in the city.

Sec. 201.7. Amendments.

The Mayor and council may, at its discretion or upon formal application, amend the zoning map, in accordance with the amendment procedures identified herein.

Sec. 201.8. Interpretation of district boundaries.

Unless otherwise expressly stated in this ordinance, zoning district boundaries shall be considered to be lot lines or the centerline of streets, alleys, railroad rights-of-way, streams and rivers, city limit boundaries, or such lines extended.

Where district boundaries are indicated as being set back from and parallel to a street, road, highway, railroad, stream or river, those boundaries, unless otherwise specifically indicated, shall be construed to be at the scaled distance from the center line of and parallel to such street, road, highway, railroad, stream or river.

When the street or property layout existing on the ground is inconsistent with that shown on the official zoning map, the UDO Administrator shall interpret the district boundaries.

Sec. 201.9. Lots divided by a zoning line.

Where a zoning line divides a lot or where two lots in different districts are combined, the entire lot shall be considered to be wholly within the more restrictive zoning district.

Sec. 201.10. Zoning of vacated areas.

Whenever any street, alley or other public way within the city is vacated by official governmental action, and when the lands within those vacated lands attach to and become a part of lands adjoining the street, alley, or public way, those lands shall automatically be subjected to the same zoning regulations as are applicable to the adjoining lands.

Sec. 201.11. Zoning of annexed property.

Any property annexed into the city shall continue to be subject to the county or city zoning district classifications and regulations as such property was subject at the time of annexation until such property is zoned by the city.

ARTICLE 2. RESIDENTIAL DISTRICTS.

DIVISION 1. GENERAL PROVISIONS.

Sec. 202.1. Purpose.

This article outlines the Residential Zoning Districts and contains basic information pertaining to land use regulation and spatial requirements for buildings and lots.

Sec. 202.6. Legacy Residential.

The following districts are intended for single-family detached dwellings on larger rural and suburban-scale lots (R-70 and R-40), or for larger, master-planned residential and commercial developments with site-specific regulations (PDP). In addition, they allow for limited, but complementary, civic, institutional, and recreational uses, as well as group living arrangements. These districts are retained as legacy districts, meaning that no other currently incorporated parcels or future annexed lands will be designated in this manner on the Official Zoning Map.

Sec. 202.7. Suburban Residential.

The following districts are intended for single-family detached dwellings on typical suburban-scale lots. They allow for limited, but complementary, civic, institutional, and recreational uses, as well as group living arrangements. Neighborhood blocks are typically larger within these districts.

Sec. 202.8. Urban Residential.

The following districts are intended for single-family attached and/or detached dwellings on smaller urban-scale lots. They allow for limited, but complementary, civic, institutional, and recreational uses.

Developments within these districts typically have a more traditional and denser urban street and block grid in an effort to promote walkability.

DIVISION 3. SCHEDULE OF USES.

Sec. 202.14. Permitted uses.

Land and buildings in the Residential Districts shall only be used in accordance with schedule of land uses below.

Principal use (P). Authorized by-right, subject to all other applicable provisions of this ordinance.

Accessory use (P+) Authorized subject to supplemental use regulations as identified in the referenced section.

Conditional use (C). Authorized pursuant to supplemental regulations identified in the referenced section and in accordance with the provisions of Sec. 207.26.

Not Permitted. A blank cell indicates the specified use is not permitted.

See section 206.7 for uses allowed in the PCD District.*

Sec. 202.19. Legacy and Suburban residential districts.

All lots and buildings within the Legacy and Suburban residential districts shall comply with the minimum and maximum spatial requirements of this section.

Note: refer to setback requirements for garages on next page.

Buildings 600 - studio 1,200 for 1st unit/ 1,200 700 - 1 bdr. 600 Min. floor area (SF) 1,800 combined for (200 per unit if 900 - 2 bdr. (200 per unit if both assisted living) 1,100 - 3 bdr. assisted living)

1,300 - 4 bdr.

Max. height (ft.) 35 35 35 35 Max. units per acre - - 16 -Setback requirements for garages:

Sec. 202.21. Other requirements.

In addition to other requirements of this article, all development within the Residential Districts identified herein shall comply with the applicable requirements included elsewhere in this UDO:

ARTICLE 3. MIXED USE DISTRICTS.

DIVISION 1. GENERAL PROVISIONS.

Sec. 203.1. Purpose.

This article outlines the Mixed Use Zoning Districts and contains basic information pertaining to land use regulation and spatial requirements for buildings and lots.

Sec. 203.2. - 5. Reserved.

DIVISION 2. DOWNTOWN MIXED USE ZONING DISTRICT AND ASSOCIATED SUBDISTRICTS.

Sec. 203.6. DMU - Downtown Mixed Use.

The Downtown Mixed Use (DMU) Zoning District is established to protect and cultivate the unique environment of Fayetteville’s historic downtown and surrounding residential neighborhoods. The district is envisioned as the community’s commercial, civic, cultural, and transportation hub and includes spaces for public gatherings, civic and cultural events, and public art, while providing opportunities for infill development surrounding the historic downtown.

The DMU District is intended to preserve, protect, and enhance the unique character of the city’s downtown neighborhoods, corridors and business districts as they complement the Courthouse Square. The district allows for a wide range of uses and encourages vertical mixed use development while providing standards related to building massing, form, architectural features, and their relationship to the public realm.

Rather than being based on principles of Euclidean zoning (i.e., separating land uses by type - residential commercial, retail, industrial, etc. with associated dimensional standards), development within the Mixed Use District achieves this by regulating building types, building envelopes, and building frontage types within 8 distinct subdistricts.

The DMU district is designed and intended to promote the goals and objectives identified within the 2021 Livable Centers Initiative (LCI) Moving Fayetteville Forward planning study, the 2022 Downtown Fayetteville Visioning Plan, and the 2022 Update to the city’s Comprehensive Plan (as amended), each of which envisions a unique, creative and walkable mix of retail, commercial, civic and residential uses throughout the downtown core.

Sec. 203.7. Establishment of subdistricts.

The DMU District is further subdivided into eight (8) subdistricts, each of which includes an intent statement describing the general vision for the future of that subdistrict with respect to development, scale, open space and other attributes.

The following subdistricts are hereby established and are collectively referred to as the Downtown Mixed Use District:

Sec. 203.8. - 11. Reserved.

DIVISION 3. SCHEDULE OF USES.

Sec. 203.12. Permitted uses.

Land and buildings in the Downtown Mixed Use District shall only be used in accordance with schedule of land uses below.

Principal use (P). Authorized by-right, subject to all other applicable provisions of this ordinance.

Accessory use (P+) Authorized subject to supplemental use regulations as identified in the referenced section.

Conditional use (C). Authorized pursuant to supplemental regulations identified in the referenced section and in accordance with the provisions of Sec. 207.26.

Not Permitted. A blank cell indicates the specified use is not permitted.

Sec. 203.13. Specific uses not permitted within the DMU District.

Pursuant to the guidelines established within Sec. 104.13.J., City Council may issue a Limited Use Permit

Sec. 203.14. Permitted building types.

The following table identifies the building types permitted within the DMU district. Refer to Sec. 203.32. for information specific to each building type.

Permitted (P): Authorized by-right subject to all other provisions of this ordinance.

Special Use Permit (SUP): Authorized by Special Use Permit only in accordance with the provisions of Sec. 104.13.J.

Not permitted: A blank cell indicates that building type is not permitted within the specified subdistrict.

Sec. 203.15. - 16. Reserved.

DIVISION 4. DMU DISTRICT DEVELOPMENT GUIDELINES.

Sec. 203.17. How to use the DMU District Development Guidelines.

associated with building types permitted within each subdistrict.

Sec. 203.18. Rezoning of parcels within DMU District.

Refer to Sec. 104.13.

Sec. 203.19. DMU District and associated subdistrict boundaries.

The following graphic identifies the boundaries of the DMU District as well as the boundaries of each subdistrict. The requirements and regulating principles associated with each subdistrict are further refined in subsequent sections of this ordinance.

Legend DMU-HC Downtown Mixed Use - Historic Core DMU-MUC Downtown Mixed Use - Mixed Use Core DMU-GC Downtown Mixed Use - Gateway Commercial DMU-MUN Downtown Mixed Use - Mixed Use Neighborhood DMU-BC Downtown Mixed Use - Boulevard Commercial DMU-TR Downtown Mixed Use - Transitional Residential DMU-NR Downtown Mixed Use - Neighborhood Residential DMU-OS Downtown Mixed Use - Open Space The Villages DMU - HC

Sec. 203.20. Downtown Mixed Use - Historic Core (DMU-HC).

The intent of this subdistrict is to preserve the historic character and scale of the area as expressed through the form and architecture of the existing historic building stock. New development will be designed at a scale to complement the existing buildings located within downtown Fayetteville and those adjacent to the Fayette County Courthouse.

The following principal building types are permitted by-right or by Special Use Permit (SUP):

Sec. 203.21. Downtown Mixed Use - Mixed Use Core (DMU-MUC).

The following principal building types are permitted by-right or by Special Use Permit (SUP):

1.  House                           6.   Multiplex (Five to Twelve).  11.     Commercial Building (Small).

2.  Carriage House                  7.   Townhouse (Stacked)          12.     Mixed Commercial Building.

3.  Cottage Court.                  8.   Live/Work building           13.     Civic Building (Small).

4.  Duplex.                         9.   Mixed Use Building.          14.     Civic Building (Prominent).

Sec. 203.22. Downtown Mixed Use - Gateway Commercial (DMU-GC).

These subdistricts are located at or near the edges of Downtown along one of the major corridors. The intent of this subdistrict is to encourage the development of prominent buildings with attractive facades and appealing commercial uses that would create a lively ambiance as people arrive into Downtown.

The following principal building types are permitted by-right or by Special Use Permit (SUP):

All lots and buildings within the DMU-GC district shall comply with the minimum and maximum spatial requirements of this section:

Requirement Principal Building Type (Small) Commercial Building (Prominent) Commercial Building Building Mixed Commercial Building Flex Commercial (Small) Civic Building (Prominent Civic Building Building placement (min./max. where appropriate)

A Front setback 10’/20’ 30’ 30’ 30’ 0’/10’ 0’/10’

B Side setback 10’ 15’ 15’ 15’ 10’ 15’

C Rear setback 15’ 15’ 15’ 15’ 10’ 5’

Appurtenance encroachment into building setback Front yard* 6’ max.

Side yard* 5’ max., but no closer than 5’ to property line Rear yard* 15’ max., but no closer than 20’ to the property line

D Front line coverage 40% 40% 40% 40% 75% N/A E Building height 1/3 1/2 2/4 1/3 1/3 2/3 F Building width N/A N/A N/A N/A 150’ N/A Impervious lot coverage 60% 60% 60% 60% 80% 60% Setback requirements for garages:

Sec. 203.23. Downtown Mixed Use - Mixed Use Neighborhood (DMU-MUN).

The following principal building types are permitted by-right or by Special Use Permit (SUP):

1.  House.                     7.      Townhouse (Stacked).

2.  Carriage House.            8.      Courtyard Building.

3.  Cottage Court.             9.      Live/Work building

4.  Duplex.                    10.     Mixed Use Building.

Sec. 203.24. Downtown Mixed Use - Boulevard Commercial (DMU-BC).

The following principal building types are permitted by-right or by Special Use Permit (SUP):

1.  House.                     7.      Live/Work building

2.  Carriage House.            8.      Commercial House.

3.  Cottage Court.             9.      Commercial Building (Small),

4.  Duplex.                    10.     Civic Building (Small).

Sec. 203.25. Downtown Mixed Use - Transitional Residential (DMU-TR).

The following principal building types are permitted by-right or by Special Use Permit (SUP):

1.  House.                     7.      Townhouse (Stacked).

2.  Carriage House.            8.      Courtyard Building.

3.  Cottage Court.             9.      Live/work Building,

4.  Duplex.                    10.     Civic Building (Small).

Sec. 203.26. Downtown Mixed Use - Neighborhood Residential (DMU-NR).

The intent of this subdistrict is to preserve the character and scale of longstanding residential neighborhoods of detached houses while allowing for new residential building types including cottage houses, cottage courts, and duplexes.

All lots and buildings within the DMU-NR district shall comply with the minimum and maximum spatial requirements of this section:

Requirement Principal Building Type House Carriage House Cottage Court Duplex (Fourplex) Multiplex (Small) Civic Building (Prominent) Civic Building Building placement (min./max. where appropriate)

A Front setback 10’ 20’ 20’ 20’ 15’ 5’/15’ 0’/10’

B Side setback 5’ 10’ 10’ 10’ 10’ 10’ 15’

C Rear setback 30’ 25’ 25’ 25’ 30’ 25’ 15’

Appurtenance encroachment into building setback Front yard* 6’ max.

Side yard* 5’ max., but no closer than 5’ to property line Rear yard* 15’ max.., but no closer than 20’ to the property line

D Front line coverage N/A N/A N/A N/A N/A N/A N/A E Building height/levels 1/2 1/2 1/2 1/2 1/2 1/2 2/3 F Building width 50’ N/A N/A 80’ 50’ 80’ N/A Impervious lot coverage 70% 70% 70% 70% 70% 75% 60% Setback requirements for garages:

Sec. 203.27. Downtown Mixed Use - Open Space (DMU-OS).

This district is intended to protect and preserve valued environmental, scenic, and historic resources within the city, as well as to accommodate agricultural and horticultural uses that require areas of open land on which to operate in order to minimize potential impacts upon neighboring uses.

Sec. 203.28. - 31. Reserved.

DIVISION 4. BUILDING TYPES.

Sec. 203.32. Building types.

This section is intended to identify and regulate the physical forms of buildings within each subdistrict while allowing and creating variation in the urban environment within an appropriate scale. The following regulations are in addition to the development standards specific to each subdistrict. In the case of a conflict, the more restrictive regulation shall prevail.

Building types identified with an SUP are permitted only after review and approval of a Special Use Permit pursuant to Sec. 104.13.J.

Permitted (P): Authorized by-right subject to all other provisions of this ordinance.

Special Use Permit (SUP): Authorized by Special Use Permit only in accordance with the provisions of Sec. 104.13.J.

Not permitted: A blank cell indicates that building type is not permitted within the specified subdistrict.

Sec. 203.33. Site and building design standards.

The purpose of this section is to provide physical standards and guidelines for site and building design specific to the DMU District. Design regulations are not intended to replicate existing built form or to achieve a specific stylistic result, but to allow imaginative design that respects the neighborhood context.

It is the specific intention of this section to ensure that new development:

Sec. 203.34. General site design requirements.

Building heights/number of levels permitted shall be as described within the spatial requirements for each subsection.

All utilities must be underground from the point of connection.

Certain structures shall be permitted to encroach within the required minimum yards as follows:

Public open space shall be incorporated within all mixed-use, commercial and/or employment centers.

The design and location of open space on a development site is an important factor in establishing a successful pedestrian environment.

To ensure open space is well-used, it is essential to locate and design spaces carefully. To the greatest extent practicable:

Exceptions from the site and building design standards established in this section may be approved by the Planning and Zoning Commission as a part of the site plan review process.

Sec. 203.35. Guidelines for development or redevelopment of existing buildings.

This section is intended to ensure the compatibility of infill development and redevelopment to surrounding neighborhoods and shall apply to new construction and the expansion of existing buildings within the DMU District. As a means to provide guidance for the design of buildings that integrate well into the context of the city, this section identifies the following key features necessary to ensure compatibility.

Street trees should be preserved.

Established building rhythms along street frontages should be continued. Larger buildings can be integrated into smaller-scale neighborhoods by creating repetitive bays with facade articulation.

Main entrances, and other primary building façade elements should be oriented toward the street.

Courtyard buildings should orient main entrances toward courtyards that open to the street and serve as a semi-public extension of the public realm.

Established building setback patterns should be continued as practical. Deep front setbacks can compromise the pedestrian realm.

Massing, proportion, scale, setbacks, spaces between buildings, and their relative positions should be used to integrate new development into existing streetscapes.

Density should increase closer to mixed use and commercial nodes.

Buildings should be designed to respect the existing built environment, but not be explicit reproduction of past historical styles.

Sec. 203.36. General building design requirements.

This section shall apply to all buildings, excluding the detached house, and accessory structure building types.

The design of buildings should be complementary with prevalent architectural features of the surrounding neighborhood, especially in areas where patterns established by recurring architectural features are well-documented and valued.

Unless specifically stated elsewhere in this ordinance, the height requirements established in this ordinance shall not apply to:

All building facades visible from a public street or park/ open space shall have:

Sec. 203.37. Building elements.

Sec. 203.38. Specific building type requirements - residential.

The following standards are applicable to all single-family detached and/or multifamily building types permitted within the DMU District. All residential dwelling units shall be subject to the applicable Building Codes as identified in Sec. 501.3 unless located in an area designated as a local historic district, historical district on the National Register of Historic Places, or individually designated as a local, State, or national historic landmark. Voluntary building design standards may be applied to single-family dwellings, duplexes and townhome structures upon consent by the owner at the time of zoning and/or site plan review.

Usable porches and stoops are recommended to form a predominant motif of the building design and be located on the front and/or side of the building to respond to the climatic conditions and the vernacular of the area. Front porches, if provided, shall be at least 6 feet deep (not including the steps).

To provide privacy, all residential entrances within 18 feet of the sidewalk paralleling the front property line shall be raised above the average finished grade of the sidewalk a minimum of 1½ feet.

For residential buildings in developments designed for residents aged 55 and older, there shall be provided 1 zero-step entrance to each building from an accessible path at the front, side, or rear of each building. This does not eliminate the requirements for residential buildings to have raised front entrances unless topographic conditions present no practical alternative.

Garages or off-street parking areas shall be accessed only from an alley. Driveways shall not be permitted to connect to the fronting street. Where topographic or unique site conditions preclude the use of an alley, as determined by the UDO Administrator, a driveway of no more than 12 feet in width may be used to provide access to garages or off-street parking areas.

One driveway of no more than 12 feet in width may be used to provide access to garages or off-street parking areas.

Garages with front loading bays shall be recessed from the front facade of the house by a minimum of 4 feet and shall be visually designed to form a secondary building volume. Garage doors shall be setback a minimum of 25 feet from the back of sidewalk.

At no time shall the total width of an attached garage door(s) exceed 50% of the total building façade for lots more than 50 feet in width.

All garages with more than 2 bays shall be turned such that no more than 2 bays are visible from the street.

Unless otherwise approved by the Planning and Zoning Commission as a part of the conceptual site plan approval process, garages or off-street parking areas shall be accessed only from an alley or via a driveway leading to a detached garage or parking area behind the front facade.

At least 15% of the area of each façade that faces a public or private street lot line must be windows or main entrance doors. Windows used to meet this standard must allow views from the building to the street. Glass block or windows in garage doors do not count toward meeting this standard, but windows in garage walls do count toward meeting this standard. To count toward meeting this standard a door must be at the main entrance and facing the street property line

Building walls (including accessory structures greater than 144 square feet) shall be primarily clad in wood clapboard, cementitious fiber board, wood shingle, wood drop siding, primed board, wood board and batten, brick, stone, stucco, or synthetic materials similar and/or superior in appearance and durability. The primary materials used for building walls should reflect the context of the surrounding area or neighborhood.

Residential roofs shall be clad in asphalt shingles, standing seam metal, slate or synthetic materials similar and/or superior in appearance and durability. The primary materials used for roofs should reflect the context of the surrounding area or neighborhood.

Facade colors should reflect the context of the surrounding area and should generally be of low reflectance earth tone, muted, subtle, or neutral colors. Variations in color schemes are encouraged in order to articulate entry ways and public amenities so as to give greater recognition to these features.

This paragraph shall not apply to detached houses or townhomes.

Color samples shall be provided tat the time of site plan review and prior to renovations, remodelings, face lift, and repainting, along with a description of how and where each color will be used. Colored renderings are also required.

Sec. 203.39. Specific building type requirements - commercial/mixed use.

The following standards are applicable to all commercial buildings within the DMU District.

Commercial building walls visible from a public street or civic space shall be primarily brick, stacked stone, stone or stone masonry units, wood clapboard, cementitious fiber board, exposed heavy timber, or architectural concrete masonry units (CMU). Glass curtain walls may be approved subject to review and approval from the Planning and Zoning Commission to ensure the styling and details are appropriate for the context. Exterior insulation finishing systems (EIFS) may be used on facades not facing a public street or civic space or as a secondary building material only (less than 25% of the wall area) on primary frontage facades. Under no circumstances shall unfinished concrete block be permitted.

When 2 or more materials are used on a façade, the heavier material shall be placed below the lighter material (e.g., siding over brick) to give the sense of support and grounding.

Facade colors shall be of low reflectance earth tone, muted, subtle, or neutral colors. Building trim may feature brighter colors as an accent material. The use of high-intensity, metallic, fluorescent, day glow, or neon colors shall be prohibited. Variations in color schemes are encouraged in order to articulate entry ways and public amenities so as to give greater recognition to these features.

Articulation involves the horizontal and vertical variation of the façade so that walls are subdivided into bays or sections that are vertically proportioned. The following provisions for façade articulation shall apply to any façade visible from a public street or civic space. For buildings set back more than 200 feet from the street, the standards in this subsection apply only to the primary façade facing the street.

The frontage of buildings shall be divided into architecturally distinct sections or bays with each section taller than it is wide, unless otherwise noted. Sections or bays shall be visually established by architectural features such as columns, ribs, pilasters or piers, changes in plane, or an equivalent element that otherwise visually subdivides the wall through at least 50% of its height.

All architectural elevations of principal buildings (over 20 feet in height) visible from a public street or civic space shall have a clearly discernible base, body, and cap. The base shall occupy the lowest portion of the elevation, shall have a height of at least 3 feet, and be constructed of a masonry material. The component described as the body shall constitute a minimum of 50% of the total building height. The cap shall occupy the highest portion of the elevation, excluding the roof, and shall have a dimension that does not exceed the height of the base. The cap shall consist of a cornice, parapet, awning, canopy, eave or other architectural treatment that visually performs in the same manner. The base and cap shall be clearly distinguishable from the body through changes in color, material, pattern, profile, or texture.

Each entryway shall have 1 or more clearly defined, highly visible customer entrance facing the street.

The entrance shall feature 1 or more of the following: canopies or porticos, arcades, arches, wing walls, and/or planters

Expanses of blank walls facing streets (excluding rear access drives or alleys) or public civic spaces may not exceed 20 feet in length without visual articulation, patterns and/or material change to assist in breaking up blank expanses. (A “blank wall” is a facade that does not contain transparent windows or doors.)

Window glazing and doorways shall be the predominant features in the street-level facades. Exterior burglar bars, fixed ‘riot-shutters’ or similar security devices shall not be visible from the public right-of -way. All ground level windows shall provide direct views to the building’s interior extending a minimum of 6 feet behind the window.

Glazing that is transparent under all lighting conditions shall extend from a base of contrasting material (not exceeding 4 feet in height above the adjacent grade) to at least the height of the door head. However, spandrel or colored glass may be used above the height of the door head.

Required glazing shall not be aggregated into a single undivided area of glazing treatment. Individual glazing areas shall not span more than 15 linear feet, and must be separated by at least 1 linear foot of contrasting material.

A building canopy, awning, or similar weather protection may be provided and should project a minimum of 6 feet from the façade.

Ventilation grates or emergency exit doors located at the first floor level in the building façade and oriented to any public street, shall be decorative. Unless otherwise required by the building code, such grates and doors shall not interfere with pedestrian spaces (sidewalks and pedestrian paths).

All rooftop equipment shall be screened from view to the extent practical. If, due to the topography of the site, a physical screen would not suffice, alternative methods to minimize the negative aesthetics of the otherwise utilitarian equipment (e.g., painting the equipment to match the building) may be approved by the UDO Administrator.

No wall-mounted building utility service equipment (e.g., electrical house panel boxes) shall be placed on the public street right-of-way side of the building.

Color samples shall be provided to the staff at the time of site plan review and prior to renovations, remodelings, facelift, and repainting, along with a description of how and where each color will be used.

Colored renderings shall also be required.

Sec. 203.40. Building type character examples.

The following sections identify schematic site layouts and associated character examples for each building type permitted within the DMU District. These images are graphic representations only and are not intended to identify specific building design or exterior materials.

Sec. 203.41. House.

A detached single-family house is a small to medium-size freestanding structure on a single lot. It is typically located within a residential neighborhood of primarily single-family houses in a walkable urban setting or in outlying areas of the city. A detached single-family house may be accessed from an alley or from a driveway off of the public or private street. Garages may be attached or detached to the main house on the same lot.

Lot requirements Only one house permitted per platted lot Pedestrian access Entrance facing street Required C. Building type standards.

Walkway width (min.) 4’

Front porch or stoop Required Parking location No on-site parking allowed between primary structure and the street except in driveways that comply with applicable standards

Sec. 203.42. Carriage House.

A detached single-family house is a small to medium-size freestanding structure on a single lot. It is typically located within a residential neighborhood of primarily single-family houses in a walkable urban setting or in outlying areas of the city. A detached single-family house may be accessed from an alley or from a driveway off of the public or private street. Garages may be attached or detached to the main house on the same lot.

Lot requirements Only one house permitted per platted lot Unit requirements Floor area (max.) 800 SF Bedrooms (max.) 1 Pedestrian access Entrance facing street Not required Walkway width (min.) Not required Parking location On-site parking location determined by principle dwelling unit

Sec. 203.43. Cottage Court.

A cottage court consists of a series of small, detached buildings arranged to define a shared court that is typically perpendicular to the street. This type of development is appropriately scaled to fit within primarily single unit or medium-density neighborhoods. The courtyard should be either partially or wholly open to the street.

Lot requirements Area (min.) 3,000 SF Width (min.) 40’

Courtyard may not be used for parking or driveway unless for emergency equipment Pedestrian access Entrance facing street Required for units facing street Walkway width (min.) 4’

Front porch or stoop Required Parking location No on-site parking allowed between the building and the street except in driveways that comply with applicable standards

Sec. 203.44. Duplex.

A duplex consists of two side-by-side or stacked dwelling units, both facing the street, within a single building mass. This type of dwelling unit has the appearance of a medium to large detached home and is appropriately scaled to fit within primary single unit neighborhoods or medium-density neighborhoods.

Lot requirements Units per lot (max.) 2 Pedestrian access Entrance facing street Required Walkway width (min.) 4’

Front porch or stoop Required Parking location No on-site parking allowed between the building and the street except in driveways that comply with applicable standards

Sec. 203.45. Multiplex (fourplex).

A multiplex is a medium-size structure that consists of side-by-side and/or stacked dwelling units, typically with a shared entry. This type of structure has the appearance of a large single-family home and is appropriately scaled to fit within primarily single-family residential neighborhoods or into medium-density neighborhoods.

Floor-to-ceiling height Each floor (min.) 9’

Fenestration Ground floor 15% Upper floors 10%/40% (min./max.)

Blank wall (max.) 20 LF Pedestrian access Req. for lobby (if provided) or Entrance facing street ground floor units along street (if no lobby)

Walkway width (min.) 4’

Front porch or stoop Required Parking location No on-site parking allowed between primary structure and the street, including in driveways that conform to applicable standards.

Sec. 203.46. Multiplex (five to twelve units).

A multiplex is a detached structure that consists of side-by-side and/or stacked dwelling units, typically with a shared entry from the street. This type of structure has the appearance of a medium-to-large single unit house and does not include a rear yard.

Floor-to-ceiling height Each floor (min.) 9’

Fenestration Ground floor (min.) 15% Upper floors 10%/40% (min./max.)

Blank wall (max.) 20 LF Pedestrian access Req. for lobby (if provided) or Entrance facing street ground floor units along street (if no lobby)

Walkway width (min.) 4’

Front porch or stoop Required Parking location No on-site parking allowed between primary structure and the street, including in driveways that conform to applicable standards.

Sec. 203.47. Townhouse (attached).

A townhouse is a small-to medium-sized attached structure that consists of multi-story dwelling units placed side-by-side. Entries are on the narrow side of the unit and typically face a street or courtyard.

Where practical the street façades have entrances and avoid garages.

Lot requirements Townhouse units in a 6 row (max.)

Floor-to-ceiling height Each floor (min.) 9’

Fenestration Ground floor 10% Upper floors 10%/40% (min./max.)

Blank wall (max.) 20 LF Pedestrian access Entrance facing street Required for units facing street Walkway width (min.) 4’

Front porch or stoop Required Parking location No on-site parking allowed between primary structure and the street, including in driveways that conform to applicable standards

Sec. 203.48. Townhouse (stacked).

A stacked townhouse is a small-to medium-sized attached structure that consists of dwelling units placed side-by-side on multiple floors. A common entry provides access to the units on the upper floors, while entrances to the ground floor units typically face a street or courtyard. The street façades have entrances and avoid garages.

Floor-to-ceiling height Each floor (min.) 9’

Floor-to-ceiling height Ground floor 15% Upper floors 10%/40% (min./max.)

Blank wall (max.) 20 LF Pedestrian access Req. for lobby (if provided) or Entrance facing street ground floor units along street (if no lobby)

Walkway width (min.) 4’

Front porch or stoop Required Parking location No on-site parking allowed between primary structure and the street except in driveways that comply with applicable standards

Sec. 203.49. Courtyard building.

A courtyard building is a medium- to large-sized detached structure consisting of multiple side-by-side and/or stacked dwelling units oriented around a courtyard or a series of courtyards. The courtyard replaces the function of a rear yard and is more open to the street in low-intensity neighborhoods and less open to the street in more urban settings. Each unit is accessed through the courtyard and shared stairs can provide access for up to three units.

Courtyard Area (min.) 3,000 SF Width (min.) 20’

Courtyard may not be used for parking or driveway unless for emergency equipment Pedestrian access Entrance facing street Required Walkway width (min.) 4’

Front porch or stoop Required Parking location No on-site parking allowed between the building and the street except in driveways that comply with applicable standards

Sec. 203.50. Main Street building.

A Main Street building is a structure intended to provide pedestrian-oriented retail and services on the ground floor. The building may be a single-story or provide for a vertical mix of uses with upper-floor residential or office space. The upper floor units are typically accessed by a common entry, preferably along the street. This type of building is typically found in a downtown environment as a component of a neighborhood center and is vital to creating a walkable environment.

Building orientation Primary facade shall be oriented to a front lot line or open space.

Floor-to-ceiling height Ground floor (min.) 12’

Other floors (min.) 9’

Fenestration Ground floor: 30% (min.)/ state route/local street 70% (min.)

Upper story: 10% (min.)/ state route/local street 40% (min.)

Blank wall: 40 LF (max.)/ state route/local street 20 LF (max.)

Pedestrian access Entrance facing street Required every 75’ of frontage Walkway width (min.) 6’

Parking location No parking lot allowed between the building and the street, including within driveways

Sec. 203.51. Live/work building.

A live/work building is a small- to medium-sized attached or detached structure consisting of one dwelling unit above or behind a fire-separated flexible ground floor space that can accommodate a range of non-residential use. The flex space and residential unit typically have separate street entrances. The flex space typically has a taller height (min. 10’) and a shopfront frontage. This type does not include a rear yard.

Building orientation Primary facade shall be oriented to a front lot line or open space.

Floor-to-ceiling height Ground floor (min.) 12’

Other floors (min.) 10’

Fenestration Ground floor: 30% (min.)/ state route/local street 70% (min.)

Upper story: 10% (min.)/ state route/local street 40% (min.)

Blank wall: 40 LF (max.)/ state route/local street 20 LF (max.)

Pedestrian access Entrance facing street Required Walkway width (min.) 6’

Front porch or stoop Required Parking location No parking lot allowed between the building and the street, including within driveways

Sec. 203.52. Mixed Use building.

A mixed-use building typically accommodates ground floor retail, office or commercial uses with upper-story residential or office uses. These buildings may include ground floor dwelling units when such units are not along a street-facing façade.

Building orientation Primary facade shall be oriented to a front lot line or open space.

Floor-to-ceiling height Ground floor (min.) 12’

Other floors (min.) 9’

Fenestration Ground floor: 30% (min.)/ state route/local street 70% (min.)

Upper floor: 10% (min.)/ state route/local street 40% (min.)

Blank wall: 40 LF (max.)/ state route/local street 20 LF (max.)

Pedestrian access Entrance facing street Required every 75’ of frontage Walkway width (min.) 6’

Parking location No parking lot allowed between the building and the street, including within driveways

Sec. 203.53. Commercial house.

A commercial house accommodates nonresidential uses in a building that resembles a detached house.

These building types are not intended for residential use.

Floor-to-ceiling height Ground floor (min.) 9’

Fenestration Ground floor 30% (min.)/ 70% (min.)

Upper floor 10% (min.)/ 40% (min.)

Blank wall (max.) 20 LF Pedestrian access Required for Entrance facing street businesses facing street Walkway width (min.) 6’

Front porch or stoop Required Parking location No on-site parking allowed between the building and the street, including within driveways

Sec. 203.54. Commercial building (small).

A small commercial building is a building type that accommodates single-use retail or commercial activity.

These building types are not intended for residential use.

Building orientation Primary facade shall be oriented to a front lot line or open space.

Floor-to-ceiling height Ground floor (min.) 14’

Other floors (min.) 10’

Fenestration Ground floor: 30% (min.)/ state route/local street 70% (min.)

Upper floor: 10% (min.)/ state route/local street 40% (min.)

Blank wall: 40 LF (max.)/ state route/local street 20 LF (max.)

Pedestrian access Entrance facing street Required every 75’ of frontage Walkway width (min.) 6’

Parking location No parking lot allowed between the building and the street, including within driveways

Sec. 203.55. Commercial building (prominent).

A prominent commercial building is a building that accommodates a single-use retail or commercial activity. These building types are not intended for residential use.

Building orientation Primary facade shall be oriented to a front lot line or open space.

Floor to ceiling height Ground floor (min.) 14’

Other floors (min.) 10’

Fenestration Ground floor: 30% (min.)/ state route/local street 70% (min.)

Upper floor: 10% (min.)/ state route/local street 40% (min.)

Blank wall: 40 LF (max.)/ state route/local street 20 LF (max.)

Pedestrian access Entrance facing street Required every 75’

of road frontage Walkway width (min.) 6’

Front porch or stoop Required Parking location No on-site parking allowed between the building and the street, including within driveways

Sec. 203.56. Mixed commercial building.

A mixed commercial building is a building type that accommodates single– and/or multiple retail or commercial tenants. These building types are not intended for residential use.

Building orientation Primary facade shall be oriented to a front lot line or open space.

Floor-to-ceiling height Ground floor (min.) 14’

Other floors (min.) 10’

Fenestration Ground floor: 30% (min.)/ state route/local street 70% (min.)

Upper floor: 10% (min.)/ state route/local street 40% (min.)

Blank wall: 40 LF (max.)/ state route/local street 20 LF (max.)

Pedestrian access Entrance facing street Required every 75’ of frontage Walkway width (min.) 6’

Parking location No parking lot allowed between the building and the street, including within driveways

Sec. 203.57. Flex commercial building.

A flex commercial building is a building type that accommodates nonresidential uses such as industrial, hotel or office uses on all stories. These building types are not intended for residential use.

Building orientation Primary facade shall be oriented to a front lot line or open space.

Floor to ceiling height Ground floor (min.) 14’

Other floors (min.) 9’

Fenestration Ground floor: 20% (min.)/ state route/local street 50% (min.)

Upper floor: 20% (min.)/ state route/local street no max.

Blank wall: 40 LF (max.)/ state route/local street 20 LF (max.)

Pedestrian access Entrance facing street Required every 150’

of road frontage Walkway width (min.) 6’

Parking location No parking allowed between the building and the street, including within driveways

Sec. 203.58. Civic building (small).

A small civic building is a building type that accommodates civic uses. These building types and not intended for commercial, retail, office, or residential uses.

Building orientation Primary facade shall be oriented to a front lot line or open space.

Fenestration Ground floor (min.) 15% Upper floor (min.) 15% Blank wall (max.) 20 LF Pedestrian access Entrance facing street Required Walkway width (min.) 6’

Parking location No parking lot allowed between the building and the street, including within driveways

Sec. 203.59. Civic building (prominent).

A prominent civic building is a building type that accommodates civic uses. These building types and not intended for commercial, retail, office, or residential uses.

Building orientation Primary facade shall be oriented to a front lot line or open space.

Fenestration Ground floor (min.) 15% Upper floors (min.) 15% Blank wall (max.) 20 LF Pedestrian access Entrance facing street Required Walkway width (min.) 6’

Parking location No parking allowed between the building and the street, including within driveways ARTICLE 4. COMMERCIAL AND BUSINESS DISTRICTS.

DIVISION 1. GENERAL PROVISIONS.

Sec. 204.1. Purpose.

This article outlines the Commercial and Business Zoning Districts and contains basic information pertaining to land use regulation and spatial requirements for buildings and lots.

Sec. 204.2. - 5. Reserved.

DIVISION 2. COMMERCIAL AND BUSINESS ZONING DISTRICTS.

Sec. 204.6. NC – Neighborhood Commercial.

The Neighborhood Commercial District is established to create a strong emphasis on development and redevelopment of commercial, retail and residential land uses at a higher intensity than historically created in the Downtown Mixed Use District. This district is intended to provide and protect areas for community shopping and service facilities convenient to residential neighborhoods, to delineate the boundary of the neighborhood commercial and retail districts, and to promote infill development that creates vibrant, pedestrian-friendly streetscapes through a variety of commercial uses.

Sec. 204.7. C-4 – High Intensity Commercial.

The High Intensity Commercial District is established to provide employment opportunities and commercial and retail services for residents and regional travelers. These commercial nodes will accommodate the high volume of regional traffic along the city’s major corridors and shall abut a minimum of two, four-lane state highways. The four-lane section of the highway shall be no less than five miles in length.

The district is intended for retail businesses with a gross floor area greater the 75,000 square feet. Individual retail tenants or developments that include these retail tenants must comply with a higher level of development regulations.

Sec. 204.8. PO – Professional Office.

The Professional Office District is established to protect existing businesses and encourage the development, redevelopment and expansion of support services. The district is intended to provide places of employment in which business, professional, educational and institutional and similar compatible uses can be located in close proximity to residential land uses. The district serves as an appropriate transitional zone between residential and more intense non-residential uses.

Sec. 204.9. BP – Business Park.

The Business Park District is established to foster the development of employment-based uses such as corporate offices, light manufacturing and other uses that contribute to the creation of a regional employment center. Because of the presence of a high number of employees, these developments should be designed in a manner that accommodates pedestrian, bicycle and other modes of alternate transportation.

This district is intended to provide for the establishment of planned, mixed-use developments along major thoroughfares. Access onto these thoroughfares should be kept to a minimum in order to protect the vitality of the roadway; to establish a positive first impression for persons entering the city; and to maintain a quality appearance which will stabilize or increase property values.

Sec. 204.10. - 14. Reserved.

DIVISION 3. SCHEDULE OF USES.

Sec. 204.15. Commercial and business districts.

Land and buildings in the Commercial and Business Districts shall only be used in accordance with the following table:

Principal use (P). Authorized by-right, subject to all other applicable provisions of this ordinance.

Accessory use (P+) Authorized subject to supplemental use regulations as identified in the referenced section.

Conditional use (C). Authorized pursuant to supplemental regulations identified in the referenced section and in accordance with the provisions of Sec. 207.26.

Not Permitted. A blank cell indicates the specified use is not permitted.

See section 206.7 for uses allowed in the PCD District.

Sec. 204.16. Specific uses not permitted within the NC District.

The following uses shall not be permitted within the NC District:

Sec. 204.17. - 19. Reserved.

DIVISION 4. SPATIAL REQUIREMENTS.

Sec. 204.20. Commercial and business districts.

All lots and buildings within the Commercial and Business districts shall comply with the minimum and maximum spatial requirements of this section.

Sec. 204.21. Other requirements.

In addition to the requirements of this article, all development in the Commercial and Business Districts shall meet the applicable requirements included elsewhere in this UDO:

ARTICLE 5. INDUSTRIAL AND PUBLIC DISTRICTS.

DIVISION 1. GENERAL PROVISIONS.

Sec. 205.1. Purpose.

This article outlines the Industrial and Public Zoning Districts and contains basic information pertaining to land use regulation and spatial requirements for buildings and lots.

Sec. 205.2. - 5. Reserved.

DIVISION 2. INDUSTRIAL AND PUBLIC ZONING DISTRICT.

Sec. 205.5. LI – Light Industrial.

The LI Light Industrial District is established to identify tracts of land that are located on, or have ready access to, a major street or state highway and are well adapted to industrial development but whose proximity to residential or commercial districts makes it desirable to limit industrial operations and processes to those that are not objectionable by reason of the emission of noise, vibration, smoke, dust, gas, fumes, odors or radiation and that do not create fire or explosion hazards or other objectionable conditions.

The district is intended to provide locations for intense uses such as light manufacturing or processing of previously refined materials and other uses that support the permitted industries or are of an intense nature due to truck traffic, building size, hours of operation and similar characteristics that make them incompatible within traditional business or residential districts. The district also allows certain commercial uses that are complementary to the industrial nature of the district by way of serving the industries and/or the workers employed there.

Sec. 205.6. GI – General Industrial.

The GI General Industrial District is established to provide a location for industrial operations and processes conducted both indoors and outdoors, and which due to their intensity of use and potential off-site impacts, should be located on or have ready access to a major thoroughfare or state highway.

Sec. 205.7. PI – Public and Institutional.

The PI Public and Institutional District is established to identify tracts of land that are publicly or privately owned and are well adapted for public and/or institutional use due to their proximity to residential or commercial districts.

Sec. 205.8. - 11. Reserved.

DIVISION 3. SCHEDULE OF USES.

Sec. 205.12. Industrial districts.

Land and buildings in the Commercial and Business Districts shall only be used in accordance with following table:

Principal use (P). Authorized by-right, subject to all other applicable provisions of this ordinance.

Accessory use (P+) Authorized subject to supplemental use regulations as identified in the referenced section.

Conditional use (C). Authorized pursuant to supplemental regulations identified in the referenced section and in accordance with the provisions of Sec. 207.26.

Not Permitted. A blank cell indicates the specified use is not permitted.

Schedule of land use: Industrial and Public Zoning Districts Use LI GI See Section Accommodations, hospitality and entertainment Commercial indoor recreation facility P Commercial outdoor recreation facility P Firing range (indoor) P Micro-producers of beer, wine, and spirits P Sexually oriented business C C Code of Ordinances Chapter 10, Art. III Civic and institutional Government facility P P School, specialized training P P Offices and services Contractor facility P P Drive-thru facilities for automated teller machine, banks, pharmacies, etc. P+ P+ 207.11.

Radio and television studios or other broadcast media, no visible antenna P P Retail and commercial Automobile rental, sales and service P P Fitness club P P Flea market C C 207.58.

Microbrewery P P Nurseries and greenhouses P P Pawn shop C C 207.57 Industrial and services Building supply sales and material yard P P Commercial parking facility P P Concrete plants and pre-cast concrete manufacturing and sales P Convenience stores, gasoline and diesel fuel sales C C 207.56.

Use LI GI Reference Crematorium P P Dry cleaning plat operations and service outlet P P Essential public service and utilities P P Freight terminal P P Heliports and helipads C C 207.68.

Machine shops and related activities P P Manufacturing, processing and packaging facilities P P Mini-warehouse/self storage C C 207.66.

Motor vehicle repair shops, garages, car washes, body shops and paint shop P P Non-emergency medical transport service facilities P P Outdoor storage C C 207.65.

Park and ride lot P P Redi-mix concrete plants and concrete manufacturing site. P Salvage or impound operations C C 207.69.

Septic station for solids separation and processing P Transportation terminal for freight P P Vehicle repair C C 207.67.

Vehicle wash, trucks and heavy equipment P P Veterinary clinics, hospitals, laboratories, animal shelters, commercial kennels and P dog daycare and boarding facilities Warehousing P P Waste management and recycling facility P Wholesaling and distribution P P Wireless communications facility C C 207.70.

Small wireless facilities in the public right-of-way C C 207.71.

Sec. 204.13. - 16. Reserved.

DIVISION 4. SPATIAL REQUIREMENTS.

Sec. 205.17. Industrial and Public districts.

All lots and buildings shall comply with the minimum and maximum spatial requirements of this section.

Spatial Requirements: Industrial and Public Zoning Districts Industrial Requirement LI GI Lots and building placement Min. lot area (SF) - -A Min. lot width (ft.) - -

B      Front yard setback – major street (ft.)                               60                          60

B      Front yard setback – collector (ft.)                                  30                          30

B      Front yard setback – minor street (ft.)                               15                          15

C Min. side setback (ft.) - -D Min. rear setback (ft.) 12 12 Maximum impervious surface (%) 60 60 Buildings Max. height (ft.) 60 60

Sec. 205.18. Other requirements.

In addition to the requirements of this article, all development in the Industrial Districts shall meet the applicable requirements included elsewhere in this UDO:

ARTICLE 6. SPECIALTY DISTRICTS.

DIVISION 1. GENERAL PROVISIONS.

Sec. 206.1. Purpose.

This article contains non-traditional districts that are established for a single purpose or are envisioned to overlap and/or combine various zoning districts. These districts include:

This district is intended to protect and preserve valued environmental, scenic, and historic resources within the city, as well as to accommodate agricultural and horticultural uses that require areas of open land on which to operate in order to minimize potential impacts upon neighboring uses.

Sec. 206.2. - 5. Reserved.

DIVISION 2. NON-TRADITIONAL DISTRICTS.

Sec. 206.6. Open Space (OS) District.

This district is intended to protect and preserve valued environmental, scenic, and historic resources within the city, as well as to accommodate agricultural and horticultural uses that require areas of open land on which to operate in order to minimize potential impacts upon neighboring uses.

Additional deed restrictions, further restricting the development of the land, may be applied to the land by the owner.

All property zoned OS shall be maintained in perpetuity by the owner, an independent agent, or the city.

A maintenance agreement shall accompany all requests to rezone property OS, and after being approved by the City Council, shall be recorded with the Superior Court of Fayette County. The agreement shall specifically describe the responsible parties, and shall run with the land in perpetuity.

All utilities serving property zoned OS shall be constructed and installed in such a manner as to minimize the physical and visual impact of the utilities, and to preserve the natural beauty and undisturbed nature of the land. Wherever possible, underground installation of utilities shall be utilized.

All landscaping done on disturbed areas of property zoned OS shall be with species native to the Piedmont region of Georgia only.

3.3.8 for Modular Porous Paver Systems, will be given credit from impervious surface calculations. Pervious paver systems shall be considered 50 percent pervious and 50 percent impervious for purposes of the calculations. Pervious pavers shall be allowed for use on 25 percent of the parking spaces in a parking lot. Pervious pavers are not allowed for use as driveways, or where traffic volumes are high or where heavy duty pavement is needed.

Sec. 206.7 Planned Community District (PCD)

The zoning designation of "planned community district" (PCD) allows for the creation of an individual site-specific zoning district, distinct in scope and purpose, which is attached to a particular parcel of land. Said PCD zoning runs with the land and may not be transferred to another parcel. The PCD allows an applicant to designate a mixture and arrangement of land uses, not normally available under traditional Euclidian zoning.

Application for the designation of PCD shall be in the form of a conceptual master plan, along with a narrative and all supporting documentation. Once approved by city council, the PCD master plan becomes the guiding document for the development of the PCD and shall not be altered without approval from city council.

Amenity Area The area(s) set-aside for active and passive recreation for the residents inside the b.

PCD (or for the general public) according to the standards set forth herein. Recreation areas may include passive areas, such as trails, picnic areas, or parks with landscaping providing no facilities for active sports, and active areas, with ball fields, soccer facilities, swimming areas, and other facilities for sports activities.

Architectural Design Standards. A document outlining home styles, building facades, landscape c.

standards, building placement, streetscaping, street trees, and the placement and design of accessory units. The standards shall also include general standards for the open space and recreation areas.

Comprehensive Land Use Plan. The comprehensive long-range plan containing policies to guide d.

the growth and development of Fayetteville, which includes the analysis, recommendations and proposals for the city's population, economy, housing, transportation, community facilities, and land use.

Master Development Plan. A written and graphic submission for a PCD which represents a tract e.

of land; proposed subdivision; the location and bulk of buildings and other structures; density of development; streets, alleyways, sidewalks, and multiuse paths; parking facilities; common recreation and open space; public facilities; and all conditions, covenants, and restrictions relating to use thereof. The master development plan is submitted in conjunction with a rezoning application for the PCD district.

Maximum Allowable Net Density. ty. The total number of dwelling units or housing structures per f.

unit of land based on the net land area.

Net Land Area. Except for adjustments allowed herein, net land area shall consist of the area g.

calculated in terms of net acres for the land devoted to residential use, exclusive of streets, rights -of-way, flood plains and wetlands, lakes, streams, and areas which cannot be developed, commercial/office land, and public lands. Easements for drainage, sanitary sewer, etc. shall not be excluded from net land area.

Nonresidential Land uses. Those designated areas, which are not residential land uses, which h.

includes but is not limited to: commercial or offi9e uses, streets, drives, and service/parking areas.

Open Space. Land within or related to a development, not individually owned or dedicated for i.

public use, which is designed and intended for the common ownership and use by the residents of the development and may include complementary structures and improvements as are necessary and appropriate for recreation or other complementary activities. Streets, buffers, and parking areas do not count toward required open space.

Ownership types. These include all types of residential development including, but not limited to:

j.

single-family, duplex, apartments, townhomes, rental housing, such that ownership may be fee simple, lease-purchase, leased or rented, and common ownership of open spaces, recreation facilities, and parking areas.

Preliminary concept plan. A preliminary plan of the proposed planned development, of sufficient k.

accuracy to be used for purpose of reviewing the proposed land uses and general layout.

Professional Consultant. The person who is a registered and or certified engineer, architect, l.

landscape architect, or planner who prepared the plan, within the scope of their respective legal responsibilities.

Public Lands. The land area designated for general public use, not otherwiseunder the control of m.

Residential land uses. Any variety of residence types as permitted herein, and as shown on the approved master development plan.

common. Individual properties in a PCD may be sold after a plat has been recorded, with the properties subject to private deed covenants that ensure the continuance of the PCD as originally approved and developed.

Location of the PCD District. PCD districts may be located in any of the four Activity Centers shown on 3.

the Future Land Use Map (FLUM). The PCD district shall be located on collector or major streets and shall have access and egress of existing street network, where appropriate.

Yards. The yard requirements of the zoning district may be adjusted except along the exterior 4.

boundaries of the development. Buffer requirements shall be met.

Buffers. Where the rear of a commercial or office building faces a public street or property in a 5.

residential district, earthen bern, no less than six feet in height containing at a minimum of evergreen trees at intervals of 20 feet on center planted at a height sufficient to achieve opacity shall be provided. Masonry fencing may be used in place of berms with planning and zoning commission approval.

Phasing. Where the PCD development contains multi-use areas the phasing of the construction of 6.

each usage shall be defined in the PCD master plan.

General Building Design Guidelines.

7.

GradePlane.A reference plane representing the average of the finished ground

Height Penthouse. Penthouses constructed on buildings of other than type I construction are 3.

limited to eighteen feet in height above the roof deck as measured to the average height of the roof of the penthouse. Penthouses constructed on buildings of type I construction shall not be limited in height. Penthouses used solely for the purpose of sheltering mechanical or electrical equipment, tanks, elevators, and related machinery shall be considered as part of the story below and shall not be included as the roof surface for the purpose of measuring building height.

Single Family Residential Dethatched and Cluster

Single Family Residential Attached

In order to assure that adequate recreation and open space exists on-site, the following shall guide the PCD development in the development of minimum thresholds for open space and recreation facilities. It is expected that a PCD will exceed the minimum standards set forth herein.

A minimum of 15% of the gross area in open space shall be provided for all PCD developments less than 50 acres.

A minimum 20% of the gross area in open space shall be provided for all PCD developments greater than 50 acres.

Two or more amenities shall be provided for all PCD developments.

For other amenities not listed, approval from city council is required.

Development standards. For development, the following standards shall apply: (May be adjusted by the planning commission.)

Parking should be aesthetically arranged to provide for convenient walking/cycling wherever possible. On-street parking is prohibited, unless allowed according to an approved illustrative master plan. Shared use of parking facilities (with office or commercial uses) may result in the reduction of the required parking by no greater than 40 percent.

Parking should be aesthetically arranged to provide for convenient walking/cycling wherever possible. On-street parking is prohibited, unless allowed according to an approved illustrative master plan. Shared use of parking facilities (with office or commercial uses) may result in the reduction of the required parking by no greater than 40 percent.

State license required.

State license required.

and

ARTICLE 7. GENERAL USE PROVISIONS.

DIVISION 1. PRINCIPAL USES.

Sec. 207.1. General provisions.

Sec. 207.2. - 6. Reserved.

DIVISION 2. ACCESSORY USES.

Sec. 207.7. General provisions.

Sec. 207.8. Customary home occupations.

Statement of intent forms may be obtained from the business license department.

Sec. 207.9. Child daycare home.

Sec. 207.10. Restaurants with a drive-thru.

Refer to Sec. 402.31 for additional requirements specific to drive-thru lanes.

Sec. 207.11. Drive-thru facilities for automated teller machines, banks and pharmacies.

Refer to Sec. 402.31 for additional requirements specific to drive-thru lanes.

Sec. 207.12. Outdoor display.

Sec. 207.13. - 16. Reserved.

DIVISION 3. TEMPORARY USES.

Sec. 207.17. General provisions.

Sec. 207.18. Temporary uses, seasonal sales and/or special events.

Temporary uses, seasonal sales and/or special events may be allowed in any district upon issuance of a permit by the UDO Administrator, when meeting the standards listed below; provided, those events sponsored by the city shall be exempt from the permitting requirement:

Sec. 207.19. Storage trailer/temporary building placement.

These regulations apply to a container designed and rented or leased for the temporary storage of commercial, industrial or residential household goods that does not contain a foundation or wheels for movement. Temporary portable storage containers may be allowed in any district upon issuance of a permit by the UDO Administrator, when meeting the standards listed below:

Sec. 207.20. Parking lot tent sale.

Applicants who wish to conduct a parking lot tent sale shall adhere to the following:

Each permit will identify the date(s) the specific activity may commence and the date the activity must conclude. A new permit shall be required each time a parking lot tent sale occurs.

Sec. 207.21. - 25. Reserved.

DIVISION 4. CONDITIONAL USES.

Sec. 207.26. Conditional uses.

104.18.C. of this UDO.

Sec. 207.27. Bed and breakfast.

Bed and breakfast homes shall be permitted only within the Downtown Mixed Use zoning district subject to the following criteria:

Sec. 207.28. Short-term rental.

The purpose of this section is to regulate residential short-term rental arrangements in the city to ensure, to the maximum extent practical, that compatibility between different types of occupied property is maintained. The intent of this section is:

The owner, in its annual filing with the city, shall identify a responsible local agent, who may be the owner or a person, corporation, partnership, firm, joint venture, trust, association, organization, or other entity having a legal or equitable interest in property and who has authority to do the following:

The following information shall be posted in a conspicuous place within the short-term rental dwelling:

A permit may be revoked by the UDO Administrator in the case of a violation of this section.

Sec. 207.29. Hotel.

Hotels are only permitted within the zoning districts identified in this UDO subject to the following criteria:

Sec. 207.30. - 33. Reserved.

Sec. 207.34. Place of public worship and general places of assembly.

The required fence, wall, or evergreen planting screen must provide for a reasonable visual separation between properties. No fence or wall in excess of four feet in height may be placed in a setback area adjoining a public street.

Sec. 207.35. Private school (K-12).

The required fence, wall, or evergreen planting screen must provide for a reasonable visual separation between properties. No fence or wall in excess of four feet in height may be placed in a setback area adjoining a public street.

Sec. 207.36. - 39. Reserved.

Sec. 207.40. Adult day center.

Sec. 207.41. Assisted living/memory care facility.

Sec. 207.42. Community living arrangement.

Sec. 207.43. Narcotic treatment center.

Sec. 207.44. Personal care home.

Sec. 207.45. Skilled nursing facility.

Sec. 207.46. - 50. Reserved.

Sec. 207.51. Child daycare facility.

Sec. 207.52. - 55. Reserved.

Sec. 207.56. Convenience stores, gasoline and diesel sales.

There shall be no more than 12 double-sided gasoline pumps situated on the station lot.

Sec. 207.57. Pawn shops.

Sec. 207.58. Flea market.

The flea market promoter shall, on a regular basis, inspect the merchandise offered for sale by all flea market vendors operating on the premises to ensure compliance with local regulations.

Sec. 207.59. - 64. Reserved.

Sec. 207.65. Outdoor storage.

Sec. 207.66. Mini-warehouse/ self-storage.

This dwelling unit shall be physically attached to the building which contains the leasing and management office for the facility.

Sec. 207.67. Vehicle repair.

Sec. 207.68. Heliports and helipads.

Sec. 207.69. Salvage or impound operation.

Sec. 207.70. Wireless Communications Facility.

The purpose of this section is to establish regulations for the siting of all wireless, cellular, television and radio telecommunications towers and antennas. The Mayor and City Council recognize that the city is to provide for the siting of telecommunication towers and antennas pursuant to the mandates of the Telecommunications Act of 1996, as amended, and the Mobile BILD Act of 2014, as amended, and implement Section 6409(a) of the 2012 Middle Class Tax Relief and Job Creation Act. The goals of this section, therefore, are:

The provisions of this section shall not apply to city-owned property, facilities and structures.

This section shall not govern any tower, or the installation of any antenna, that is 40 feet or less in height and is owned and operated by a federally-licensed amateur radio station operator from the operator’s residence or is used exclusively as a receive-only antenna.

Any tower or antenna for which a permit has been properly issued prior to the effective date of this section shall not be required to meet the provisions of this section, other than the requirements of subsections C, E, F, G, H, Q, S, Z, AA and AB enumerated in this section. Any such towers or antennas shall be referred to in this section as “preexisting towers” or “preexisting antennas”.

If an additional antenna is co-located upon a preexisting tower after adoption of this section, the fencing and landscaping requirements of subsections 12 and 13 shall be met as part of the permitting process.

Any tower or antenna that is not operated for a continuous period exceeding six (6) months shall be considered abandoned, and the owner of such antenna or tower shall place such antenna or tower into operation or remove the structure within 60 days of receipt of notice from the city notifying the owner of such abandonment. If the tower or antenna is not removed within 60 days, the city may, in the manner provided in the O.C.G.A. §§ 41-2-7—41-2-17, remove such antenna or tower at the owner’s expense. If there are two (2) or more users of a single tower, then this provision shall not become effective unless and until all users’ cease utilizing the tower.

Prior to the issuance of a permit to construct a tower, the owner of the tower shall provide a performance guarantee of not less than $25,000.00, in a form acceptable to the Mayor and City Council, conditioned upon removal of the tower, should it be deemed abandoned under the provisions set forth in subsection

Whenever the regulations of this article require a greater width, depth or size of yard or impose other more restrictive standards than are required in or under any other statute or covenants, the requirements of this article shall govern. Whenever the provisions of any other statute or covenants require more restrictive standards than those of this article, the provisions of such statutes or covenants shall govern.

Any preexisting antenna, tower, or telecommunication facility which does not meet the requirements of this section shall be considered nonconforming and subject to the provisions of the unified development ordinance with respect to nonconforming uses or structures; provided, however, that the installation of a new antenna on a preexisting tower or monopole shall not constitute the expansion of a nonconforming use provided that:

The owner of any telecommunications tower or antenna shall annually register such structure, by tax parcel number and physical street address, with the Building Official on or before April 1 of each year.

The annual registration shall describe all facilities on the site, describe in detail any improvements during the preceding calendar year, and, for towers only, state the total gross income from all improvements on the site for the preceding calendar year.

A tower and/or antenna is considered a principal use if located on any lot or parcel of land as the sole or primary structure and is considered an accessory use if located on a lot or parcel shared with a different existing primary use or existing structure. An existing use or structure on the same lot or parcel shall not preclude the installation of an antenna or tower. For purposes of determining whether the installation of a tower or antenna complies with zoning district requirements, including but not limited to setback, buffer and other requirements, the dimensions of the entire lot or parcel shall control, even though the antenna or tower may be located on a leased area within such lot or parcel. Towers and antennas that are installed as an accessory use, in accordance with the provisions of this section, shall not be deemed to constitute the expansion of an existing nonconforming use or structure on the property.

Applicants for the installation of an antenna shall be required to co-locate upon an existing tower structure. No new tower shall be permitted unless the applicant demonstrates to the satisfaction of the UDO Administrator that no existing tower or existing alternative tower structure can accommodate the applicant’s proposed antenna. The applicant must present an affidavit listing the available existing towers and reasons why co-location on those towers is not possible. All evidence submitted shall be signed and sealed by appropriate licensed professionals or qualified industry experts and shall consist of more than mere conclusory statements that no existing tower is suitable. Evidence submitted to demonstrate that no existing tower or structure can accommodate the proposed antenna shall consist of one or more of the following:

For each of the above, the applicant must provide a listing of the existing towers or structures within the geographic search area that were considered, and ultimately rejected, by the applicant and provide a detailed explanation of why the existing towers or structures within the geographic search area are not suitable.

In addition to all applicable building and safety codes, all towers shall be designed to accommodate the co -location of cellular telecommunication antennas according to the following:

The requirements set forth in this section shall govern the design and construction of all towers, and the installation of all antennas, governed by this article.

The following setbacks and separation requirements shall apply to all towers:

The following requirements shall govern landscaping surrounding all towers:

All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennas.

To ensure the structural integrity of towers, the owner, permittee or subsequent lessee of a tower or alternative tower structure shall ensure that it is maintained in compliance with standards contained in applicable local building codes. If, upon inspection, the department concludes that a tower fails to comply with all applicable codes and standards, or constitutes a danger to persons or property, then upon receipt of written notice by the owner, permittee, or lessee of the tower, the party shall have 15 days to bring the tower into compliance with such standards. If the owner, permittee, or lessee fails to bring the tower into compliance within the 15-day period, the review authority may cause removal of the tower at the owner’s, permittee’s, or lessee’s expense. Prior to the removal of any tower, the UDO Administrator may consider detailed plans submitted by the owner, permittee, or subsequent lessee for repair of substandard towers, and may grant a reasonable extension of the above referenced compliance period. Any such removal by the city shall be in the manner provided in O.C.G.A. §§ 41-2-7 - 41-2-17.

Upon the transfer of ownership of any tower, alternative tower structure, or lot upon which such a structure has been installed, the party transferring ownership shall notify the zoning administrator of the transaction in writing within thirty (30) days.

provided, if the department fails to respond within 60days and the applicant has given five (5) business days’ advance written notice of their intent to proceed upon the expiration of the 60 days, the application shall be deemed approved. If an application for administrative approval is denied, the reasons for the denial shall be provided to the applicant in writing and the matter shall be automatically appealed to the Mayor and City Council for a hearing as provided for in subsection 22

Installation of an antenna on an existing tower or alternative tower structure and the placement of additional buildings or other supporting equipment used in connection with the antenna may be approved by the UDO Administrator after conducting an administrative review; provided:

All applications for permit to construct towers or install antennas shall be made to the UDO Administrator; provided, replacement of an existing antenna with a new antenna shall not require a permit. The application forms and other documents and papers necessary for the implementation and enforcement of this section shall be on a form for that purpose. No application shall be considered until supporting documents, reports, and other evidence of eligibility as may be required, is provided. All such applications shall be sworn to by the applicant if an individual, or by a partner if a partnership, or by a manager or member if a limited liability company, or by an officer or equivalent position if a corporation or other legal entity.

Prior to submitting an application, all applicants shall be required to attend a pre-application meeting with applicable city staff to discuss the requirements for the application.

Any denial of a request to place, construct or modify a tower or antenna shall be in writing and supported by substantial evidence. For new towers, the Planning and Zoning Commission shall consider the following factors, among others as appropriate, in acting upon a tall structure permit application under the provisions of this section:

The fees levied and charged for all persons and businesses are set forth on a schedule which may be amended from time to time by resolution of Mayor and City Council, a copy of which is on file in the city clerk’s office. Fees are levied and assessed in addition to any business or occupational taxes assessed and levied under this Code.

No tower shall exceed a height of 150 feet.

If it is adequately demonstrated that antenna co-location, as required herein, is not possible for a given geographic search area, the construction of a new tower including the placement of a service building or other supporting equipment used in connection with said tower or antenna, shall be limited to the zoning districts identified within this UDO, (provided, however, that all structures shall meet the setback, screening and buffer requirements contained herein).

AA. Inspections.

BB. Penalties for violation.

In addition to the other remedies available to the city for violation of this article set forth herein or in any other applicable provision of this Code, the municipal court of the city, after notice to the applicant or permittee and hearing, may impose a civil fine for failure to comply with the provisions of this article and/ or a sentence not to exceed 60 days. Such a civil fine shall not exceed $1,000.00 per day and may be enforced by the contempt power of the court. In addition, the applicant or permittee shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing contained in this section shall prevent the governing authority from taking such other lawful action as is necessary to prevent or remedy any violation of this article.

Sec. 207.71. Small wireless facilities in the public right-of-way.

The purpose of this ordinance is to establish reasonable regulations for the installation, construction, maintenance, renewal, removal, and relocation of pipes, mains, conduits, cables, wires, poles, towers, traffic and other signals, and other equipment, facilities, or appliances in, on, along, over, or under the public roads of the city in accordance with O.C.G.A. § 32-4-92(a)(10).

It is understood the city has authority to manage its public rights-of-way in accordance with Section 47 U.S.C. § 253(c). In addition, the Georgia Streamlining Wireless Facilities and Antennas Act., O.C.G.A. Title 36, Chapter 66C (the “SWFAA”), addresses the placement of small wireless facilities in the public rights of way of the City.

provide a good faith estimate for any make-ready work necessary to enable the city’s pole to

to the extent that the same does not conflict with O.C.G.A. Title 36, Chapter 66C.

DIVISION 5. PROHIBITED USES.

Sec. 207.77. Incompatible use of land.

Certain uses of land and buildings are incompatible with existing and future development within the city limits of the City of Fayetteville and are prohibited in all districts. The Planning and Zoning Commission does not have the authority to grant variances or special exceptions for these prohibited uses. Prohibited uses are as follows:

1.The keeping or raising of livestock or poultry whether for domestic or commercial purposes.

2.Yards for the sale, transfer, or temporary holding of livestock.

3.Poultry killing, plucking, and dressing.

4.Meat processing, meatpacking, slaughtering, eviscerating, and skinning.

5.Rendering of byproducts of slaughtering and killing animals or poultry.

6.Landfills of all types.

7.Solid waste transfer stations.

8.The use of equipment which causes off-site radio or television interference.

9.Junkyards for automobiles and/or other materials.

10.Motels.

11.Outside storage of combustible materials that does not comply with the standards and regulations set forth in the International Fire Code as adopted by the State of Georgia.

12.Mines, quarries, sandpits, gravel pits.

13.Above ground storage of liquid petroleum products or chemicals of a flammable or noxious nature when 150,000 gallons are stored on one lot or when more than 25,000 gallons are stored in any one tank.

14.Sawmills, milling operations.

15.Storage, processing, grinding or transfer stations for stumps, debris, construction waste, demolition waste.

16.Cryptocurrency data center.

17.Cryptocurrency mining, commercial.

18.Cryptocurrency server farm.