TO: Mayor and Members of City Council
THRU: Jodi Phelps - Assistant City Manager
Dr. Gerald A. Newton, AICP - Director of Development Services
FROM: Zoning Commission
Planning & Zoning Division
DATE: April 27, 2026
RE:Title
Receive the Zoning Commission Annual Report 2025
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COUNCIL DISTRICT(S):
Council District(s)
All
b
Relationship To Strategic Plan:
• Goal II: Responsive City Government Supporting a Diverse & Viable Economy
• Goal III: City Investment in Today & Tomorrow
• Goal IV: Desirable Place to Live, Work, and Recreate
• Goal VI: Collaborative Citizen & Business Engagement Base
Executive Summary:
This annual report for 2025 provides highlights of the Zoning Commission work for the past year and their standard operating procedures.
Background:
The City of Fayetteville Zoning Commission has a dual mandate as a quasi-judicial and legislative body. Legislatively, they make recommendations to City Council on rezoning and conditional rezoning cases. Quasi-judicially, pursuant to NCGS § 160D-705, the Zoning Commission is empowered in hearing and deciding on variance requests. In their position, the board is charged with upholding consistency with the Future Land Use Map and Comprehensive Plan as reasonableness to the local context. To act legislatively, the Zoning Commission requires a quorum of three-fifths and to act quasi-judicially, they require a four-fifths quorum.
The Zoning Commission is also responsible for appeals related to decisions made on sign, clear-cutting, and temporary use permits as well as administrative adjustments, certificates of occupancy, and City Manager interpretations.
The Zoning Commission in its current iteration formed in December of 2015 when Ord. No. S2015-018 merged them with the Board of Adjustments.
The Zoning Commission is comprised of five (5) regular members and two (2) alternate members appointed by City Council for two-year, staggered terms. Regular meetings are held on the second Tuesday of each month at 6:00 pm in the Lafeyette Room.
Issues/Analysis:
Public Notification
The City has a legal requirement by General Statute to advertise Rezoning, Conditional Rezoning, SUP, and Variance requests in a local newspaper. In addition, postcards are sent out to property owners within 300ft of the subject property for variances and 1000ft for rezonings, conditional rezonings, and special use permits. Postcards include a map of the subject property along with pertinent public hearing and case information such as the case number, the request, and the date & time of the hearing. Additionally, a sign is placed on the subject property that alerts the community to the public hearing.
Zoning Commission Hearing
Cases are heard at a legislative or evidentiary public hearing before the Zoning Commission. Anyone wishing to speak at the hearing, including the applicant, must sign up in advance with the Planning Staff or on the day of the hearing prior to its beginning. The Planning Staff present case relevant information to the Zoning Commission prior to the public hearing wherein those wishing to speak may do so. Once the public hearing is closed the commission votes on their recommendation to the City Council: Approval, denial, or approval but amended as the Zoning Commission is a recommending body except in the case of variances. Final decision on all but variances lie with the City Council.
Pursuant to NCGS § 160D-705, the Zoning Commission is empowered to act in a quasi-judicial manner in the case of variance requests. They conduct evidentiary hearings and render decisions on these requests with procedures and standards outlined by NCGS § 160D-406.
Appeal Process
Appeals of a Zoning Commission decision must be filed with the Fayetteville City Clerk no more than 10 days from the time of the Zoning Commission meeting. All appeals of the Zoning Commission are heard by the City Council except for variances which are heard by the Superior Court pursuant to NCGS § 160D-1402 and these must be made within 30 days of the initial vote.
All appeals of the Commission are heard by the City Council. The exception to these is with variances. These requests are heard in a quasi-judicial process and any appeal of a variance must be made to the Superior Court.
2025 Key Highlights
• A total of 56 cases were presented.
o Map Amendment: 38
o Variance: 17
o Appeal: 1
• Total Area Rezoned: 385.03 acres
• Total Area Annexed: 54.89 acres
• City Council’s decision reflected the Commission’s recommendations - 98%.
• The Commission agreed with Planning Staff’s recommendations - 98%.
• Planning Staff’s recommendations represented City Council’s decisions - 100%.
• Approved Map Amendments aligned with the Future Land Use Plan - 74%
o Zoning Cases shown in RED varied from the adopted land use plan.
Variance Cases
• A25-02: Increase accessory structure size for church van
• A25-03: Residential setback reduction
• A25-05: Fence / Wall heigh increase
• A25-10: Reduction in minimum setback for handicap accessible garage
• A25-11: Reduction in minimum yard / setback
• A25-16: Variance from DT-2 max setback
• A25-17: Reduce corner side and side yard setbacks
• A25-25: Residential minimum yard setback
• A25-32: Accessory structure setback & height
• A25-33: Fence setback & height
• A25-38: Spire height
• A25-39: Minimum yard / setback
• A25-40: Minimum yard / setback
• A25-47: Rear yard setback reduction
• A25-48: Signage
• A25-49: Rear yard setback
• A25-50: Rear yard setback
Map Amendment (Rezoning, Initial, and Conditional) Cases
• P25-01: 11.31 acres SF-6 & CC to CC on Johnson St.
• P25-04: 0.32 acres SF-6 to MR-5 on Camden Rd.
• P25-06: 0.28 acres SF-10 to NC on Hope Mills Rd.
• P25-07: 2.72 acres SF-10 to CC on Morris St. - Office to CC
• P25-08: 10.71 acres SF-10 to MR-5 on Baltosrol Ln. - Medium Density Res. to MR-5
• P25-09: 0.57 acres SF-10 to LC on Strickland Bridge Rd.
• P25-12: 0.68 acres SF-6 to MR-5 on Ramsey St. - Low Density Res. to MR-5
• P25-13: 2.10 acres SF-10 to LC on Staceyweaver Dr.
• P25-14: 0.21 acres SF-6 to MR-5 on Progress St.
• P25-15: 0.24 acres HI to DT-2 on Rankin St.
• P25-18: 0.22 acres SF-6 to MR-5 on - McArthur Rd. - Medium Density Res. to MR-5
• P25-19: 0.20 acres MR-5 to O&I on Moore St.
• P25-20: 11.8 acres M(P)CU to LI on Bridgewood Dr.
• P25-21: 0.35 acres O&I to NC on Broadfoot Ave.
• P25-22: 6.68 acres SF-10 to CC on Glensford Dr. / Morris St. - Office to CC
• P25-23: 6.76 acres BP/CZ to BP/CZ on Coalition Blvd.
• P25-24: 3.63 acres CC to CC/CZ on Yadkin Rd.
• P25-26: 0.43 acres SF-10 to LC on Raeford Rd.
• P25-27: 2.88 acres SF-6 to MR-5/CZ on Pinecrest Dr. - Low Density Residential to MR-5/CZ
• P25-28: 0.30 acres O&I to LC on Yadkin Rd.
• P25-29: 1.15 acres AR to SF-15 on Braddy Rd.
• P25-30: 21.27 acres SF-6 to MR-5 on Rosehill Rd. - Medium Density Res. to MR-5
• P25-31: 1.09 acres SF-10 to SF-6 on Country Club Rd. - Low Density Res. to SF-6
• P25-35: 5.94 acres MR-5 to O&I on Washington Dr. / Blue St.
• P25-36: 123.48 acres MR-5 to LI & CD on Country Club / Distribution Dr.
• P25-37: 2.10 acres SF-10 to LC/CZ on Staceyweaver Dr.
• P25-41: 19.02 acres MR-5 & NC to AR, CC/CZ, & NC on Morganton Rd.
• P25-42: 5.70 acres SF-10 to MR-5 on Silver Pine Dr. - Low Density Residential to MR-5/CZ
• P25-43: 79.39 acres CC, SF-6, & LI to HI on Distribution Dr. / Shaw Mill Rd.
• P25-44: 0.11 acres LC & MR-5 to LC on Hillsboro St.
• P25-45: 2.55 acres M(P) to LI on Black and Decker Rd.
• P25-46: 2.36 acres CC to HI on Murchison Rd.
• P25-47: 40.54 acres PND to CC/CZ on Carver Falls Rd.
• P25-51: 1.58 acres MR-5 to MR-5/CZ on Hillsboro St.
• P25-52: 13.20 acres LC to LI/CZ on Filter Plant Dr. - Office to LI/CZ
• P25-53: 1.40 acres SF-6 to MR-5 on Gardner / Hulon St.
• P25-55: 4.21 acres CC to LI on Distribution Dr.
• P25-56: 0.22 acres CC to MR-5 on Ames St.
Appeal Cases
• NoA25-01: Appeal to Code Interpretation on Murchison Road
Budget Impact:
Projects that come before the Commission help bring new development and revenue to the City.
Options:
Accept the report as presented (Recommended)
To request additional information from staff or the Commission
Recommended Action::Recommended Action
Motion to accept the report as presented.
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Attachments:
PowerPoint