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Fayetteville Overview
Codified Ordinances of Fayetteville, WV
Codified Ordinances of Fayetteville, West Virginia
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
PART ONE - ADMINISTRATIVE CODE
PART TWO - MISCELLANEOUS PROVISIONS
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS AND TAXATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - HEALTH AND SANITATION CODE
PART THIRTEEN - PLANNING AND ZONING CODE
CHAPTER ONE - Zoning Ordinance
ARTICLE 1301 Enactment, Scope, Interpretation
ARTICLE 1305 Definitions
ARTICLE 1307 Establishment of Districts
ARTICLE 1309 Single-Family (R-1) Zoning District
ARTICLE 1311 Multi-Family (R-2) Zoning District
ARTICLE 1313 Mixed Use (MU) Zoning District
ARTICLE 1315 General Commercial (C-1) Zoning District
ARTICLE 1317 Conservation Zoning (C) District
ARTICLE 1318 Neighborhood Commercial (NC) District
ARTICLE 1320 Scenic Overlay (SO) District
ARTICLE 1321 General Regulations
ARTICLE 1323 Supplemental Regulations
ARTICLE 1324 Wireless Telecommunications Facilities
ARTICLE 1324a Small Cell Wireless Telecommunications Facilities
ARTICLE 1325 Sign Regulations
ARTICLE 1327 Nonconforming Uses, Lots and Structures
ARTICLE 1329 Zoning Ordinance Administration
APPENDIX 1: OFFICIAL ZONING MAP
APPENDIX 2: USE TABLE
CHAPTER THREE - Subdivision Regulations
PART FIFTEEN - FIRE PREVENTION CODE
PART SEVENTEEN - BUILDING AND HOUSING CODE
PART EIGHTEEN - HISTORIC DISTRICT
ARTICLE 1323
Supplemental Regulations
1323.01    Purpose.
1323.03    Adult business.
1323.05    Auto repair/service, vehicle sales, rental and service, boat and marine sales and service.
1323.07    Bed and breakfast inn II.
1323.09    Camp, youth.
1323.10    Child day care.
1323.11    Dog day care.
1323.13    Drive-through facility.
1323.15    Dwelling.
1323.17    Dwelling, townhome.
1323.18    Event, mass gathering.
1323.19    Event, special.
1323.20    Factory-built homes.
1323.21    Home occupation, low impact.
1323.22    Home-based business, no impact.
1323.23    Hostels.
1323.24    Medical cannabis organizations.
1323.25    Noncommercial greenhouses.
1323.26    Reception facility.
1323.27    Satellite signal receiving stations.
1323.29    Self-storage facilities.
1323.35    Urban agriculture.
1323.37    Video gaming or lottery establishment.
   1323.01 PURPOSE.
   The purpose of this article is to establish standards and policies for specific uses in all districts that require particular considerations. These regulations will supplement general development standards by establishing uniform criteria for each use – whether a permitted use by right or a conditional use – and are set forth to achieve compatibility with the principal uses permitted in a zoning district. The provisions for this article shall apply in addition to any other applicable zoning regulations.
(Passed 7-7-22.)
   1323.03 ADULT BUSINESS.
   (a)    Purpose. It is the purpose of this Section to regulate sexually oriented businesses in order to promote the health, safety, moral and general welfare of the citizens of the Town, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of sexually oriented businesses within the Town. The provisions of this Ordinance have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this Ordinance to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this Ordinance to condone or legitimize the distribution of obscene material.
   (b)    Findings and Rationale. Based on evidence of the adverse secondary effects of adult uses presented in hearings and in reports made available to the Town Council, and on findings, interpretations, and narrowing constructions incorporated in the cases of City of Littleton v. Z.J. Gifts D-4, L.L.C., 541 U.S. 774 (2004); City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002); City of Erie v. Pap's A.M., 529 U.S. 277 (2000); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Young v. American Mini Theatres, 427 U.S. 50 (1976); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); California v. LaRue, 409 U.S. 109 (1972); and Fantasy Ranch, Inc. v. City of Arlington, No. 04-11337, 2006 WL 2147559 (5th Cir. 2006); N.W. Enters. v. City of Houston, 352 F.3d 162 (5th Cir. 2003); Baby Dolls Topless Saloons, Inc. v. City of Dallas, 295 F.3d 471 (5th Cir. 2002); BGHA, LLC v. City of Universal City, 210 F. Supp. 2d (W.D. Tex. 2002), ajf'd 340 F.3d 295 (5th Cir. 2003); LLEH, Inc. v. Wichita County, 289 F.3d 358 (5th Cir. 2002); Hang On, Inc. v. City of Arlington, 65 F.3d 1248 (5th Cir. 1995); Woodall v. City of El Paso, 49 F.3d 1120 (5th Cir. 1995); J&B Entertainment, Inc. v. City of Jackson, 152 F.3d 362 (5th Cir. 1998); SDJ, Inc. v. City of Houston, 837 F.2d 1268 (5th Cir. 1988); TK's Video, Inc. v. Denton County, 24 F.3d 705 (5th Cir. 1994); Heideman v. South Salt Lake City, 342 F.3d 1182 (I 0th Cir. 2003); Lady J. Lingerie, Inc. v. City of Jacksonville, 973 F. Supp. 1428 (M.D. Fla. 1997), ajf'd 176 F.3d 1358 (11th Cir. 1999); Ctr for Fair Public Policy v. Maricopa County, 336 F.3d 1152 (9th Cir. 2003); World Wide Video of Washington, Inc. v. City of Spokane, 368 F.3d 1186 (9th Cir. 2004); Reliable Consultants, Inc. v. City of Kennedale, Case No. 4:05-CV-166-A (N.D. Tex., May 16, 2005); Sensations, Inc. v. City of Grand Rapids, 2006 WL 2504388 (W.D. Mich., Aug. 28, 2006); Gammoh v. City of La Habra, 395 F.3d 1114 (9th Cir. 2005); Ben's Bar, Inc. v. Village of Somerset, 316 F.3d 702 (7th Cir. 2003); And based upon reports concerning secondary effects occurring in and around sexually oriented businesses, including, but not limited to, Austin, Texas - 1986; Indianapolis, Indiana - 1984; Garden Cove, California - 1991; Houston, Texas - 1983; Phoenix, Arizona - 1979, 1995-98; Chattanooga, Tennessee - 1999-2003; Minneapolis, Minnesota - 1980; Los Angeles, California - 1977; Whittier, California - 1978; Spokane, Washington - 2001; St. Cloud, Minnesota - 1994; Littleton, Colorado - 2004; Oklahoma City, Oklahoma - 1986; Dallas, Texas - 1997, 2004; Greensboro, North Carolina - 2003; Kennedale, Texas - 2005; Effingham, Illinois - 2005; Amarillo, Texas - 1977; El Paso, Texas -1986; New York, New York Times Square - 1994; and the Report of the Attorney General's Working Group on the Regulation of Sexually Oriented Businesses (June 6, 1989, State of Minnesota), the Town Council finds:
      (1)   Sexually oriented businesses, as a category of commercial uses, are associated with a wide variety of adverse secondary effects including, but not limited to personal and property crimes, prostitution, potential spread of disease, lewdness, public indecency, obscenity, illicit drug use and drug trafficking, negative impacts on surrounding properties, urban blight, litter and sexual assault and exploitation.
      (2)   Sexually oriented businesses should be separated from sensitive land uses to minimize the impact of their secondary effects upon such uses, and should be separated from other sexually oriented businesses, to minimize the secondary effects associated with such uses and to prevent an unnecessary concentration of sexually oriented businesses in one area.
      (3)   Each of the foregoing negative secondary effects constitutes a harm, which the Town has a substantial government interest in preventing and/or abating. This substantial government interest in preventing secondary effects, which is the Town's rationale for this Ordinance, exists independent of any comparative analysis between sexually oriented and non-sexually oriented businesses. Additionally, the Town's interests in regulating sexually oriented businesses extend to preventing future secondary effects of either current or future sexually oriented businesses that may locate in the Town. The Town finds that the cases and documentation relied on in this Ordinance are reasonably believed to be relevant to said secondary effects.
   (c)    In the event that an activity or business which might fall under a use category other than adult business is combined with or includes activities which constitute an adult bookstore, adult movie theater or movie house, or adult entertainment, as defined herein, then such activity or business shall constitute an adult business and shall be governed by provisions applicable to adult business uses.
   (d)    No adult business shall be located within one thousand (1,000) feet of another adult business.
   (e)    No adult business shall be located within five hundred (500) feet of a residential district or any property on which a dwelling is situated.
   (f)    No adult business shall be located within five hundred (500) feet of a school, park, library, child day care center, or place of worship.
   (g)    An adult business shall not operate in the same building as another adult business.
   
   (h)    All doors, windows, and other apertures shall be located, covered, or screened in such a manner as to prevent viewing the interior of the establishment from a public street or sidewalk.
   (i)    The prescribed distances in this section shall be measured along a straight line beginning at a point or points from any public entrance of an adult business existing or to exist as disclosed under any filed application to operate an adult use.
   (j)    No exterior signage, building element, advertisement, display, or other promotional material shall be pornographic in nature or convey any such idea or element to specified anatomical areas, as defined in this code.
(Passed 7-7-22.)
   1323.05 AUTO REPAIR/SERVICE. VEHICLE SALES, RENTAL, AND SERVICE. BOAT AND MARINE SALES AND SERVICE.
   (a)    All motor vehicle service stations shall be so arranged and all gasoline pumps shall be so placed, as to require all servicing on the premises and outside the public way; and no gasoline pump shall be placed closer than fifty (50) feet to any side property line.
   (b)    No inoperative motor vehicles shall be kept on the premises of motor vehicle service stations for longer than two (2) weeks.
   (c)    All waste material shall be stored within a structure or enclosed within fencing so as not to be visible from off the property.
   (d)    Outdoor storage areas shall be located within the side or rear yards and screened from adjacent properties with fencing or with a landscape buffer area, except that new and used vehicles and boats currently being offered for sale, rent, or lease may be located in the front yard, subject to yard, setback, and other requirements of this code.
   (e)    Activities involving excessive noise shall be conducted entirely within the confines of a building sufficiently sound-insulated to effectively confine the noise.
   (f)    No vehicle, boat, or marine repair, service, sales, and rental uses shall be located less than one hundred (100) feet from a residential district.
   (g)    Vehicles awaiting service shall have documentation of their status of actually awaiting service and may be stored outside for a period not to exceed two (2) weeks.
   (h)    Vehicles that shall not be stored outside are:
      (1)   Inoperable vehicles not awaiting service.
      (2)   Inoperable vehicles being scrapped or used for replacement parts for another vehicle being repaired; or
      (3)   Operable vehicles not awaiting service and not used or stored in connection with the business.
         (Passed 7-7-22.)
   1323.07 BED AND BREAKFAST INN II.
   (a)    The bed and breakfast shall have a minimum gross floor area of twenty-five hundred (2,500) square feet and rooms may not be subdivided into less than two hundred (200) square feet.
   (b)   The bed and breakfast shall not change the residential character of the dwelling and shall not detract from the residential character of the neighborhood.
   (c)    Meals shall only be provided to overnight guests. There shall be no separate cooking facilities in any guest room.
   (d)    Employment may not exceed two (2) full time employees, not including the owner.
(Passed 7-7-22.)
   1323.09 CAMP, YOUTH.
   (a)    A youth camp shall not provide overnight accommodations for more than twenty-five (25) youth camp participants, including staff, parents, and guardians.
   (b)    Youth camping is permitted up to fifty-two (52) nights per calendar year.
   (c)    Individuals over twenty-one (21) years of age shall not comprise more than fifty (50%) percent of the campers on any overnight.
   (d)    Youth camping shall only occur on parcels that are a minimum of five (5) acres, with suitable buffers to separate the visual and audible aspects of youth camp activities from other nearby and adjacent lands.
   (e)    Youth camping shall occur outdoors, in temporary structures, or within existing permanent structures. New permanent structures shall not be constructed for youth camping.
   (f)   Youth camping events shall cause no alteration to land including, but not limited to, grading, filling, or paving. (Passed 7-7-22.)
   1323.10 CHILD DAY CARE.
   (a)    All childcare providers, whether state or privately operated, shall obtain a license from the West Virginia Secretary of State and the Department of Health and Human Resources. Each facility shall also be inspected by the Building Inspector and Fire Marshal to ensure the safety of children and employees.
   (b)    A facility shall provide a minimum of (35) square feet of usable space per child. Any rooms or areas that have not been approved for the use of children shall be inaccessible. No activity space may be created in the basement of a structure unless expressly approved by the Fire Marshal.
   (c)    A secured outdoor activity area must be provided by the facility allowing a minimum of seventy-five (75) square feet of space per child. Should the minimum space not be available, a rotating outdoor activity schedule shall be established to meet the minimum requirements and ensure that each child is afforded outdoor playtime every day, weather permitting.
   (d)    The outdoor activity area noted above shall be fenced with a six (6) foot high fence. All play equipment shall be located in the fenced area.
   (e)    Parks may be used to meet outdoor activity requirements if located immediately adjacent to the facility.
   (f)    In no instance shall vehicles picking up or dropping off children idle in the street right of way or otherwise block public traffic patterns.
   (g)    Child day care businesses operated from a residence shall be operated by a permanent resident. No changes to the exterior of residences may be made for a child day care business operated from a residence except changes necessary for safety improvements.
(Passed 7-7-22.)
   1323.11 DOG DAY CARE.
   (a)    The hours of operation shall be limited daily any time between 7 a.m. and 9 p.m.
   (b)    Dogs may be groomed, trained, exercised, and socialized, but not kept or boarded overnight, bred, sold, or let for hire unless the use is combined with a kennel as defined herein.
   (c)    There shall be no more than thirty (30) dogs on the premise at one time.
   (d)    Indoor and Outdoor Recreational Areas. Indoor recreational area shall be at least one hundred (100) square feet per dog, and outdoor recreational area shall be at least one hundred and fifty (150) square feet per dog.
   (e)    Sight-Obscuring Fencing. Fencing for outdoor recreational areas shall provide full containment for the dogs and be secured at all times. The fence structure shall be deep enough and secured to the ground to prevent escape and high enough to prevent dogs from jumping or climbing over. The fence shall comply with all fence provisions in this code.
   (f)    If a grooming facility is on site, the facility must be physically separated from primary enclosure areas and food storage.
   (g)    Dogs shall display all required licensing, vaccination, and identification tags. Current records of required licensing and vaccination shall be kept by the dog day care.
(Passed 7-7-22.)
   1323.13 DRIVE-THROUGH FACILITY.
   (a)    Drive-through windows must be located within the side or rear of the building and shall be limited to one (1) lane. Acknowledging industry trends, two (2) menu boards may be permitted if they are accessed with a single queue lane.
   (b)    The vehicular entrance and approach to the use shall be clearly delineated by markings, striping, or signage.
   (c)    Drive-up windows and drive-throughs shall have the following minimum queue spaces:
      (1)   Bank Teller Lane: 3
      (2)   Automated Teller Machine: 2
      (3)   Restaurant Drive-Through: 4
      (4)   Car Wash Stall, Automatic: 4
      (5)   Car Wash Stall, Self-service: 2
      (6)   Gasoline Pump Island: 1
      (7)   All Other Retail Uses: 3
   (d)    Queue spaces must be in addition to the required parking spaces and must not be located within a required driveway, internal circulation system, or parking aisle.
   (e)    Each queue space shall be a minimum of ten (10) feet by twenty (20) feet in size.
   (f)    Each queue lane shall be clearly defined and designed so as not to conflict or interfere with other pedestrian or vehicular traffic using the site.
   (g)    The access points to the accessory drive-through facility from the public way shall be constructed a sufficient distance from roadway intersections to prevent traffic conflicts, overflow, and congestion. When possible, the accessory drive-through facility shall exit onto a secondary street.
   (h)    The stacking lanes and service area shall be located to the side or rear of the buildings.
   (i)    The exit from the accessory drive-through facility shall have unobstructed lines of vision clear of vegetation and signage.
   (j)    Traffic circulation onto, within, and off of the lot shall be clearly marked. Any drive-through use shall be designed:
      (1)   With adequate capacity for waiting vehicles, and
      (2)   To avoid conflicts with traffic onto, around, and off of the site.
   (k)    The Town may have any plans reviewed by an engineer and place additional restrictions on a drive-through use based on the engineer’s review.
(Passed 7-7-22.)
   1323.15 DWELLING.
   (a)   Minimum Floor Area. No single-family dwelling shall be constructed or modified to contain less than one thousand (1000) square feet of gross floor area. No multi-family dwelling unit shall be constructed or modified to contain less than six hundred (600) square feet of gross floor area per unit. There is no minimum gross floor area for seasonal occupancy.
(Passed 7-7-22.)
   1323.17 DWELLING, TOWNHOME.
   No more than four (4) townhouse units are permitted within each row of buildings.
   (a)    To break up the mass of attached units, the front façade of each attached unit shall be treated differently, with different building materials or different architectural designs or treatments. These treatments shall blend in with the character of the surrounding neighborhood.
   (b)    Fifteen percent (15%) of the property must be dedicated to open space in addition to open space required by setbacks and other site requirements. Maintenance of open space will be the responsibility of either a homeowner’s association or the owner of the complex.
   (c)    Trash receptacles and equipment must be screened.
      (Passed 7-7-22.)
   1323.18 EVENT, MASS GATHERING.
   (a)    A permit is required for each mass gathering event.
   (b)    The applicant must be the owner or co-owner of the property or an individual with written authorization from the owner or co-owner. The applicant or a representative of the applicant must be present on the property at all times during the mass gathering event.
   (c)    Mass gathering events shall occur outdoors, in temporary or permanent structures.
   (d)    The duration of each mass gathering event shall not exceed three (3) consecutive days, provided activities shall only occur between the hours of 10:00 a.m. and 10:00 p.m. Sunday to Thursday and between 10:00 a.m. and 11:00 p.m. Friday to Saturday, except that sporting events may begin at 7:00 a.m.
   (e)    Within any single calendar year, a parcel may host no more than six (6) mass events.
   (f)    A parking plan must be submitted as part of the permit process. A parking plan shall not include any parking on public roads. Off-site parking areas are permitted if the applicant provides written authorization from the property owner for those sites. The applicant shall post signs safely directing people to the parking sites. There shall be no parking on any public roads.
   (g)    Local emergency medical services (EMS) must be notified of all mass events. The holder of the mass event shall provide EMS with the number of people projected to attend.
   (h)    All garbage must be removed from site within seven (7) days.
   (i)    A licensed security agent or an off-duty certified police officer is required on-site for all mass gathering events.
   (j)   All lighting and sound shall be aligned so as to minimize impact on nearby residents and shall conform to requirements of this code and other applicable town ordinances.
   (k)    The site shall provide potable water supply and proper sanitation facilities. If temporary sanitation facilities are provided, such as portable toilets, the temporary sanitation facilities shall be removed within seventy-two (72) hours of the end of the mass gathering event.
   (l)    The sale of alcohol is permitted in the form of beer or wine, but shall not include liquor. All sales of alcohol shall be regulated by the West Virginia Alcohol Beverage Control Administration.
   (m)    The owner of the property must procure a liability insurance policy. Proof of the liability insurance in the minimum amount of $2,000,000 per occurrence shall be submitted prior to the event; and if not submitted, the event permit shall be rescinded.
   (n)    Upon approval, all mass gathering events must notify the following agencies: the Town of Fayetteville Police Department, a West Virginia licensed EMS provider, licensed garbage removal company, licensed towing company, the County Health Department (approval or permit required), West Virginia Division of Highways (approval or permit required), and County Homeland Security. Proof of notification must be submitted prior to the event; and if not submitted, the event permit shall be rescinded.
(Passed 7-7-22.)
   1323.19 EVENT, SPECIAL.
   (a)    A permit is required for each special event.
   (b)    The applicant must be the owner or co-owner of the property or an individual with written authorization from the owner or co-owner. The applicant or a representative of the applicant must be present on the property at all times during the special event.
   (c)    Special events shall occur outdoors, in temporary structures, or existing permanent structures.
   (d)   Special events shall cause no alteration to land including, but not limited to, grading, filling, or paving.
   (e)    The duration of each special event shall not exceed four (4) consecutive days, shall only occur between the hours of 10:00 a.m. and 10:00 p.m. Sunday to Thursday and between 10:00 a.m. and 11:00 p.m. Friday to Saturday, except that sporting events may begin at 7:00 a.m.
   (f)    A parking plan must be submitted as part of the permit process. A parking plan shall not include any parking on public roads. Off-site parking areas are permitted if the applicant provides written authorization from the property owner for those sites. The applicant shall post signs safely directing people to the parking sites. There shall be no parking on any public roads.
   (g)    All garbage must be removed from site within seven (7) days.
   (h)    All lighting and sound shall be aligned so as to minimize impact on nearby residents and shall conform to requirements of this code and other applicable town ordinances.
   
   (i)    The site shall provide potable water supply and proper sanitation facilities. If temporary sanitation facilities are provided, such as portable toilets, the temporary sanitation facilities shall be removed within seventy-two (72) hours of the end of the special event.
   (j)    The sale of alcohol is permitted in the form of beer or wine, but shall not include liquor. All sales of alcohol shall be regulated by the West Virginia Alcohol Beverage Control Administration.
   (k)    The owner of the property must procure a liability insurance policy. Proof of the liability insurance in the minimum amount of one million dollars ($1,000,000) per occurrence shall be submitted prior to the event; and if not submitted, the event permit shall be rescinded.
   (l)    Local emergency medical services (EMS) shall be notified of all events. The holder of the event shall provide EMS with the number of people projected to attend.
(Passed 7-7-22.)
   1323.20 FACTORY-BUILT HOMES.
   Factory built homes shall not be positioned vertically, stacked with one over the other, in whole or in part.
(Passed 7-7-22.)
   1323.21 HOME OCCUPATION, LOW IMPACT.
   The business activity must satisfy the following requirements:
   (a)    Customer, client, patient, or other traffic shall be restricted to 8 a.m. to 9 p.m.
   (b)    No more than twelve (12) visits to the home-based business shall be allowed per day, except as necessary to operate child day care facilities in accordance with the West Virginia Code; such visits may be addressed in a conditional use permit. A “visit” is a stop at the business premises by one automobile transporting one or more customers, clients, patients, packages/parcels, or other business associates. A visit does not include the operator of the business, members of the operator’s family, or a business employee.
   (c)    The business or commercial activity shall not change the residential character of the dwelling and shall not detract from the residential character of the neighborhood.
   (d)    The home-based business shall not employ individuals living outside the dwelling to physically work at the dwelling, except Bed and Breakfast Inns may employ two (2) nonresident employees to physically work at the Bed and Breakfast Inn.
   (e)    The business or commercial activity may not use any equipment or processes that create excessive noise, vibration, glare, fumes, or odors, or any electrical or electronic interference, including interference with radio or television reception detectable in the surrounding neighborhood. Some noise is acceptable during daylight hours for activities such as woodworking, glassblowing, or pottery making, when conducted within an enclosed building.
   (f)    The business or commercial activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with the use of a dwelling in the neighborhood.
   (g)    The business activity may not occupy more than twenty-five (25%) percent of the gross floor area of the main dwelling, whether located in the main dwelling or located in an accessory structure.
   (h)    There shall be no outside appearance of a business use, including, but not limited to, parking or lights; however signs, as permitted in Article 1325: Sign Regulations are allowed so long as the signs meet all requirements in that section.
   (i)   No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met by off-street parking.
   (j)   The business may not involve any illegal activity.
      (Passed 7-7-22.)
   1323.22 HOME-BASED BUSINESS, NO IMPACT.
   The business activity must satisfy the following requirements:
   (a)    The home-based business shall only employ individuals residing in the dwelling.
   (b)    A home-based business shall not change the residential character of the dwelling and shall not detract from the residential character of the neighborhood.
   (c)    The business activity shall be compatible with the residential use of the property and surrounding residential uses.
   (d)    A home-based business shall not display or sell retail goods or stockpile inventory of a substantial nature.
   (e)    There shall be no outside appearance of a business use, including, but not limited to, parking or lights, except that signs, as permitted in Article 1325: Sign Regulations are allowed so long as the signs meet all requirements in that article.
   (f)    The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors, or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
   (g)    The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
   (h)    The business activity may not occupy an area exceeding twenty-five (25%) percent of the gross floor area of the main dwelling, whether located in the main dwelling or located in an accessory structure. Home-based businesses may be conducted in an accessory structure.
   (i)    No traffic shall be generated by such home-based business in excess of that normally associated with residential use.
   (j)    The business may not involve any illegal activity.
      (Passed 7-7-22.)
   1323.23 HOSTELS.
   (a)    An owner, manager, or operator must be present when the hostel is occupied.
   (b)    Unaccompanied minors under the age of eighteen (18) shall not be permitted in the facility.
   (c)    Temporary outdoor facilities (e.g., tents and portable recreational equipment) are prohibited.
   (d)    No guest shall stay for a period exceeding thirty (30) consecutive days.
(Passed 7-7-22.)
   1323.24 MEDICAL CANNABIS ORGANIZATIONS.
   The following supplemental provisions apply to all medical cannabis organizations or as otherwise specified herein.
   (a)    No medical cannabis organization shall be located within one thousand (1000) feet of a school, day care, park, place of worship or religious institution, educational institution, or community facility.
   (b)    No medical cannabis organization shall be located within five hundred (500) feet of another medical cannabis organization.
   (c)    No medical cannabis organization shall be located within fifty (50) feet of property being used for a residential use or property within a residential zoning district.
   (d)    No more than one (1) medical cannabis dispensaries is permitted within the Town of Fayetteville. No medical cannabis processing facilities and no medical cannabis growing facilities are permitted within the Town of Fayetteville.
   (e)    Medical cannabis dispensaries shall not be open to the public for business outside of the hours of 9:00 a.m. to 9:00 p.m.
   (f)    There shall be no emission of dust, fumes, vapors, or odors into the environment from the premises of a medical cannabis organization.
   (g)    The only medical cannabis uses permitted under this ordinance are those expressly defined and permitted herein. Medical cannabis organizations may not be combined with other uses.
   (h)    Medical cannabis organizations shall possess all applicable state licenses.
      (Passed 7-7-22.)
   1323.25 NONCOMMERCIAL GREENHOUSES.
   (a)    Noncommercial greenhouses shall only be located in the rear yard and shall be located twenty-five (25) feet from the rear lot line.
   (b)    The noncommercial greenhouse shall not create offensive odors or dust.
   (c)    The maximum size of a noncommercial greenhouse is three hundred (300) square feet. (Passed 7-7-22.)
   1323.26 RECEPTION FACILITY.
   (a)    No activities that involve charging admission or are solely performance activities are permitted as part of this use.
   (b)    The owner or his or her designated representative shall be physically present on the property at all times during receptions.
   (c)    All outdoor receptions, temporary structures, and parking areas associated with a reception shall be located one hundred (100) feet from any property line, unless the owners of properties adjacent to said property lines agrees otherwise in writing, which agreement shall be provided as part of the application.
   (d)    All outdoor receptions shall end no later than 10:00 p.m. Sunday to Thursday and 11:00 p.m. Friday to Saturday.
   (e)    Parking shall be in compliance with this code. A parking plan shall not include any parking on public roads. The owner(s) shall ensure that ingress and egress during the reception to the venue does not cause congestion on any public road.
   (f)    The owner(s) shall be responsible for the following: (1) sanitation (municipal waste or recycling) facilities at the reception commensurate with the number of patrons attending and (2) sanitary sewer facilities at the reception commensurate with the number of patrons attending.
   (g)    The operation of the use shall at all times comply with all federal, state, and local laws and regulations.
(Passed 7-7-22.)
   1323.27 SATELLITE SIGNAL RECEIVING STATIONS.
   (a)    Purpose. The purpose of these provisions is to provide for the safety and location of satellite signal receiving stations. No provisions of this ordinance shall be interpreted to impair the installation, maintenance, or use of satellite signal receiving stations used to receive video programming.
   (b)    Satellite signal receiving stations shall be for the use of residents, occupants, and their guests only.
   (c)    Satellite signal receiving stations shall contain no graphic message or advertising other than to identify the name of the company that provided the satellite.
   (d)    Only one satellite signal receiving station is permitted per tenant, unless there is documentation provided to the Zoning Officer from the installer or satellite company that suggests that more than one satellite is necessary in order to receive the signals for the use and enjoyment of the tenant.
   (e)    Satellite signal receiving stations shall comply with all other provisions of this code not otherwise in conflict with this section pertaining to accessory structures for the particular zoning district in which such stations are to be installed unless there is documentation provided to the Zoning Officer from the installer or satellite company that suggests that deviations are necessary in order to receive the signals for the use and enjoyment of the tenant. In no case shall satellite signal receiving stations be closer than five (5) from any property line.
   (f)    Satellite signal receiving stations shall be designed to withstand a wind force of up to seventy (70) miles per hour without the use of supporting guy wires.
(Passed 7-7-22.)
   1323.29 SELF-STORAGE FACILITIES.
   (a)    No activities other than rental of storage units and pick-up and deposit of dead storage shall be allowed on the premises.
   (b)    Examples of prohibited activities include but are not limited to the following:
      (1)   Auctions, commercial wholesale, or retail sales, or miscellaneous or garage sales;
      (2)   The servicing, repair, or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances, or other similar equipment;
      (3)   The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment;
      (4)   The establishment of a transfer and storage business; and
      (5)   Any use that is noxious or offensive because of odors, dust, noise, fumes, or vibrations.
   (c)    Building height shall not exceed eighteen (18) feet.
   (d)    Outdoor storage shall be limited to recreational vehicles, boats, and trailers. Junk vehicles shall not be stored in self-storage facilities.
   (e)    Trash, radioactive, or highly toxic substances; garbage; refuse; explosives or flammable materials; hazardous substances; animal carcasses or skins; or similar items are prohibited.
   (f)    The interior traffic aisles, required off-street parking areas, loading areas, and accessways shall be paved with a hard surface and shall be kept clear of stored items.
(Passed 7-7-22.)
   1323.35 URBAN AGRICULTURE.
   (a)    Definitions for this section.
      (1)   “Beekeeping” means the keeping or propagation of honeybee hives for collection of honey or other bee products.
      (2)   “Community Garden” means a neighborhood-based development with the primary purpose of providing space for members of the community to grow plants for beautification, education, recreation, community distribution, or personal use.
      (3)   “Composting” means accumulating a mixture of various decaying organic substances, such as dead leaves or manure, intended to be used for fertilizing soil.
      (4)   “Fowl” means any chicken, duck, goose, turkey, guinea fowl, or pigeon.
      (5)   “Home Agriculture” means the gardening or production, including by means of hydroponics, principally for use or consumption of the property owner or resident, of plants or their products including but not limited to fruits of all kinds including grapes, nuts, and berries; vegetables; floral, ornamental, and other noncommercial greenhouse products; and bees and apiary products.
      (6)   “Hydroponics” means the cultivation of plants in nutrient solution rather than soil.
      (7)   “Livestock” means any hog, pig, goat, cow, horse, pony, emu, alpaca, or other hoofed animal.
   (b)    Beekeeping. Beekeeping is permitted as an accessory use to a dwelling. No more than three (3) hives are permitted on a lot, each with only one swarm. Hives shall be setback twenty-five (25) feet from property lines.
   (c)    Community Gardens. The responsibility of managing, maintaining, and operating community garden sites shall be that of the landowner or designated public or civic entity, nonprofit organization, or other community-based organization. Processing and storage of plants or plant products are prohibited on site. Garden tools and supplies may be stored within an accessory structure.
   (d)    Composting. Composting is permitted.
   (e)    Incidental Sales. Any sale resulting from beekeeping, composting, or other small-scale agricultural activities shall constitute a home-based business, subject to all applicable provisions of this code.
   (f)    Location. Beekeeping and composting shall not take place in the front yard.
   (g)    Prohibitions.
      (1)   Livestock and fowl shall not be kept within the Town.
      (2)   Roosters shall not be kept within the Town.
         (Passed 7-7-22.)
   1323.37 VIDEO GAMING OR LOTTERY ESTABLISHMENT.
   (a)    No public entrance to a gambling establishment within the Town shall be located within one thousand (1,000) feet of the closest public entrance of any other gambling establishment, church, place of worship or religious institution, library, public park, public playground, school, child daycare center, nursing or personal care home, continuous care facility, or rehabilitation facility that is located within or outside the Town.
   (b)    The distance prescribed in subsection (a) hereof shall be measured along a straight line beginning at a point or points from any public entrance or entrances of a gambling establishment existing or proposed to exist.
(Passed 7-7-22.)