TO: Mayor and Members of City Council
THRU: Adam Lindsay, Assistant City Manager
FROM: Sheila Thomas-Ambat, Public Services Director
DATE: August 25, 2025
RE:Title
Adopt Ordinances for Proposed Text Amendment to Article 24 (Streets and Sidewalks) of the City Code of Ordinances Covering Sidewalk Exemptions Related to Driveway Permits
Title
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COUNCIL DISTRICT(S):
Council District(s)
All
b
Relationship To Strategic Plan:
Goal 2: Responsible City Government Supporting a Diverse and Viable Economy
• •Objective 2.4 - Sustain a favorable development climate to encourage business growth.
Goal 3: City Investment in Today and Tomorrow
• Objective 3.2 - Manage the City’s Future Growth and Strategic Land Use
Executive Summary:
This report examines a proposed amendment to Chapter 24 (Streets and Sidewalks) that would introduce additional exemptions for sites currently obligated to build sidewalks when obtaining a driveway permit.
Background:
At the May 20, 2025, City Council UDO Committee Meeting, a motion was made to amend the current UDO requirements related to sidewalk construction. Staff subsequently presented the proposed amendments at the June 17, 2025, Planning Commission Meeting, where the Commission unanimously recommended that the amendments be remanded back to staff for further review and revision. At the June 23, 2025 City Council Regular Meeting, Council concurred and directed Staff to work with the UDO Committee for recommendations.
Since then, staff has conducted benchmarking with peer cities to evaluate their development requirements related to sidewalk construction. The findings from this analysis are detailed in the attached memo titled Sidewalk Peer City Review 2025.07.25.
In addition, staff reviewed other relevant sections of the City’s Code of Ordinances related to sidewalk construction and maintenance to ensure consistency with the UDO. These applicable sections from multiple articles are compiled in the attached document Sidewalk Construction & Maintenance in City Code of Ordinances.
Issues/Analysis:
Following the benchmarking exercise, staff concluded that the current UDO sidewalk requirements are comparable to those in peer municipalities and strike an appropriate balance between supporting development and maintaining pedestrian safety and mobility.
During the review of relevant sections from multiple articles in the City’s Code of Ordinances, staff identified an opportunity to clarify and address specific concerns by amending the sidewalk requirements related to driveway construction permits (Sec. 24-102). On August 19, 2025, staff presented a proposed text amendment to the City Council UDO Committee that expanded the exemptions for sidewalk construction when a driveway permit is required. The Committee expressed consensus in support of the amendment to Sec. 24-101 as presented and directed staff to bring it forward for consideration by the full City Council at the August 25, 2025, meeting.
Recommended text amendment is as follows:
Current:
Sec.24-101 Permit to Construct Required.
a. No person shall construct a driveway across any public sidewalk, walkway, parkway or into any street, or cut any curb for such purpose, without having first applied for and obtained a driveway permit from the city traffic engineer, which application shall show, among other things, the location, grade, dimensions, and the construction or reconstruction in those areas designated in the city's adopted sidewalk plan of the curbs and the purpose for which the driveway is desired. If the application complies with provisions of this section, the permit shall be issued.
b. Where any new driveway is constructed or an existing driveway reconstructed that requires a driveway permit, a city standard sidewalk shall be constructed along the entire length(s) of the property served by such driveway that abut(s) a public street. This requirement is to include all developments except single or duplex family dwelling units.
Amended to:
Sec. 24-101 Permit to Construct Required.
a. No person shall construct a driveway across any public sidewalk, walkway, parkway or into any street, or cut any curb for such purpose, without having first applied for and obtained a driveway permit from the city traffic engineer, which application shall show, among other things, the location, grade, dimensions, and the construction or reconstruction in those areas designated in the city's adopted sidewalk plan of the curbs and the purpose for which the driveway is desired. If the application complies with provisions of this section, the permit shall be issued.
b. Where any new driveway is constructed or an existing driveway reconstructed that requires a driveway permit, a city standard sidewalk shall be constructed along the entire length(s) of the property served by such driveway that abut(s) a public street. This requirement is to include all developments except;
1. single or duplex family dwelling units;
2. interior building up-fits or change of use of an existing building that does not involve construction or modifications to existing driveways; and
3. the removal of an existing driveway and/or curb cut.
Budget Impact:
None.
Options:
1. Approve the Ordinance Amending Section 24-101, Permit to Construct Required, of Chapter 24 Streets and Sidewalks of the Code of Ordinances of the City of Fayetteville, NC.
2. Do not approve the Ordinance Amending Section 24-101, Permit to Construct Required, of Chapter 24 Streets and Sidewalks of the Code of Ordinances of the City of Fayetteville, NC and remand back to staff with further direction.
Recommended Action::Recommended Action
Approve the Ordinance Amending Section 24-101, Permit to Construct Required, of Chapter 24 Streets and Sidewalks of the Code of Ordinances of the City of Fayetteville, NC.
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Attachments:
Sidewalk Peer City Review 2025.07.25
Sidewalk Construction & Maintenance in City Code of Ordinances
Ordinance 24-101