Cannabis and Medical Retail Land Use in Fayetteville
The Fayetteville Unified Development Code does not explicitly define or list "cannabis dispensaries" or "cannabis delivery services" as specific land uses. Under the current code, these activities would likely be classified as "Drugstores" within Use Unit 15 (Neighborhood Shopping Goods) or "Medical Clinics" within Use Unit 25 (Offices, Studios and Related Services), which are permitted in various commercial, industrial, and urban zoning districts such as C-1, C-2, C-3, UT, and DC [Section 162.01].
Classification of Similar Uses
Because the Fayetteville Unified Development Code does not include specific language for cannabis, the Zoning and Development Administrator would determine the appropriate Use Unit based on the similarity to existing categories.
Medical Clinics and Offices (Use Unit 25)
"Medical office/clinic" and "Doctor" offices are classified under Use Unit 25 [Section 162.01 (Z)]. This category is frequently used for professional medical services and is permitted in the following districts:
- Residential-Office (R-O)
- Neighborhood Commercial (C-1)
- Thoroughfare Commercial (C-2)
- Central Commercial (C-3)
- Urban Districts: Urban Neighborhood (UN), Urban Corridor (UC), Urban Thoroughfare (UT), Downtown Core (DC), Main Street Center (MSC), and Downtown General (DG).
- Industrial Districts: Heavy Commercial and Light Industrial (I-1) and General Industrial (I-2).
Drugstores and Retail (Use Units 15 and 16)
"Drugstore" is explicitly listed under Use Unit 15 (Neighborhood Shopping Goods) [Section 162.01 (P)]. Use Unit 16 (Shopping Goods) also permits all uses within Unit 15 without restriction to size [Section 162.01 (Q)]. These retail uses are permitted in:
- Commercial Districts: C-1, C-2, C-3, and Community Services (CS).
- Urban Districts: UN, UC, UT, DC, MSC, and DG.
- Industrial Districts: I-1 and I-2.
Delivery and Express Services
If cannabis delivery services are categorized similarly to existing courier or transportation businesses, they would fall under Use Unit 17 (Transportation Trades and Services), which includes "Express service" [Section 162.01 (R)].
Use Unit 17 is a permitted use in:
- Urban Thoroughfare (UT)
- Urban Corridor (UC)
- Downtown Core (DC)
- Main Street Center (MSC)
- Downtown General (DG)
- Industrial Districts: I-1 and I-2.
Technical Standards for Commercial and Office Districts
Fayetteville commercial districts requiring these uses must adhere to standard setback and height requirements unless they are located in an area governed by Urban Form regulations.
| District Name | Front Setback | Side Setback | Rear Setback | Max Height |
|---|---|---|---|---|
| R-O (Residential-Office) | 15 feet | 8–10 feet* | 25 feet | 3 stories |
| C-1 (Neighborhood Commercial) | 15 feet | None* | 20 feet | 5 stories** |
| C-2 (Thoroughfare Commercial) | 15 feet | None* | 20 feet | 6 stories** |
| C-3 (Central Commercial) | 5–25 feet | None* | 15–25 feet | 5–7 stories** |
| I-1 (Light Industrial) | 25–50 feet | 10–50 feet | 25 feet | No limit |
*Side setbacks in these districts are typically "None" unless the property adjoins a residential district, in which case a 10 to 15-foot setback is required [Sections 161.20, 161.21, 161.23, 161.25]. **Height limits in these districts are subject to "Urban Form" and proximity to single-family districts [Sections 161.21-161.25].
Technical Standards for Urban Districts
In the City of Fayetteville's urban districts, standard setbacks are replaced by "build-to zones" to encourage a traditional town form where buildings are situated closer to the street.
| District Name | Build-to Zone (Front) | Maximum Height |
|---|---|---|
| UN (Urban Neighborhood) | 10 to 25 feet | 3 stories |
| UC (Urban Corridor) | 10 to 25 feet | 5 stories |
| UT (Urban Thoroughfare) | 10 to 25 feet | 6 stories* |
| DC (Downtown Core) | 0 to 25 feet | 14 stories* |
| MSC (Main Street Center) | 0 to 25 feet | 7 stories* |
| DG (Downtown General) | 0 to 25 feet | 5 stories* |
*Maximum height in these districts may be reduced if the building is adjacent to a single-family residential district [Sections 161.24, 161.26-161.28].
Sections Cited
- 161.20 District R-O, Residential Office
- 161.21 District C-1, Neighborhood Commercial
- 161.22 Community Services
- 161.23 District C-2, Thoroughfare Commercial
- 161.24 Urban Thoroughfare
- 161.25 District C-3, Central Commercial
- 161.26 Downtown Core
- 161.27 Main Street Center
- 161.28 Downtown General
- 161.30 District I-1, Heavy Commercial and Light Industrial
- 161.31 District I-2, General Industrial
- 161.36 Urban Corridor
- 161.37 Urban Neighborhood
- 162.01 Establishment/Listing (Use Units)
[SOURCES: 181, 186-188, 189-191, 192-195, 196-198, 199-201, 203-205, 206-208, 209-211, 214-216, 217-219, 225-227, 228-230, 233-235, 244-245, 248-251, 254, 263-264]