Fayetteville Conservation, Cultural, and Recreation (CCR) Zoning Guide
In the City of Fayetteville, the Conservation, Cultural, and Recreation (CCR) district is a specialized zone where at least 80% of the land must remain as undeveloped green space and building coverage is strictly capped at 5% of the total area. Development within the Fayetteville CCR district is limited to a maximum height of two stories, and all designated green spaces must be protected in perpetuity through legally binding instruments like conservation easements [Section 161.38].
Purpose and General Character
The Fayetteville CCR: Conservation, Cultural, and Recreation district is a voluntary designation requested by property owners who intend to preserve or enhance significant natural resources. This district is characterized by its focus on protecting floodplains, wetlands, steep topography, woodlands, meadows, and wildlife habitats [Section 161.38(A)].
The general character of the Fayetteville CCR district is one of minimal human footprint, prioritizing the restoration of ecosystem services and the maintenance of a natural landscape. While the district allows for limited cultural and recreational activities, these must remain consistent with the primary goal of environmental preservation [Section 161.38(A)].
Permitted Land Uses
Land uses in the Fayetteville CCR district are restricted to ensure they do not negatively impact the protected natural features of the site. Permitted uses are organized into Use Units as follows:
Permitted by Right
- Use Unit 1: City-wide uses by right. This includes agricultural activities like field crop farms, forests, and wildlife preserves, as well as essential public services like fire hydrants and sidewalks [Section 161.38(B)(1); Section 162.01].
Conditional Uses
Certain uses may be allowed in the Fayetteville CCR district only after receiving a Conditional Use Permit (CUP) from the Planning Commission:
- Use Unit 2: City-wide uses by conditional use permit. Examples include bed and breakfast facilities, campgrounds, and water recreation areas [Section 161.38(B)(2); Section 162.01].
- Use Unit 3: Public protection and utility facilities. This covers essential infrastructure such as electric regulating stations and water storage facilities [Section 161.38(B)(2); Section 162.01].
- Use Unit 4: Cultural and recreational facilities. This unit includes public-serving uses such as libraries, museums, cemeteries, and playgrounds [Section 161.38(B)(2); Section 162.01].
Development Standards
Development in the Fayetteville CCR district is subject to rigorous spatial requirements to maintain its conservation-heavy character.
Bulk and Area Ratios
| Standard | Requirement |
|---|---|
| Minimum Undeveloped Green Space | 80% of zoned area |
| Maximum Building Area | 5% of zoned area |
| Maximum Density | None |
| Maximum Height | 2 stories |
The Fayetteville CCR district also allows a maximum of 10% of the zoned area to be dedicated to "open space" that may contain hard surfaces, such as parking areas, paved trails, or other impervious ground cover [Section 161.38(D)-(G)].
Setback Requirements
Setbacks in the Fayetteville CCR district are significantly larger than in traditional residential or commercial zones to provide a buffer for protected natural features.
| Boundary Type | Minimum Setback |
|---|---|
| Front Property Line | 20 feet |
| Side and Rear Property Lines | 50 feet |
| Floodplain Lines (FIRM panels) | 50 feet (parallel) |
| Top of Bank (Protected Streams) | 100 feet |
| Edge of Open Bodies of Water | 100 feet |
Permanent Protection Requirements
A defining requirement of the Fayetteville CCR district is the mandate for permanent legal protection of the site's green space. Before a property can be utilized under this designation, the owner must record a legal instrument that protects the green space in perpetuity [Section 161.38(H)].
Acceptable legal instruments include:
- Conservation Easements: Granted to the City of Fayetteville or a qualified land trust or non-profit organization.
- Narrative Statements: Included on final plats that describe the nature of the protection afforded, bearing the signature of the Urban Forester.
- Equivalent Legal Documents: Any other document providing permanent protection that is approved by the City of Fayetteville [Section 161.38(H); Section 167.04(L)].
Once recorded, these easements and the geographical extent of the Fayetteville CCR protected areas can only be vacated in whole or in part with express approval from the City Council [Section 167.04(L)(2)].
Sections Cited
- Chapter 161: Zoning Regulations
- Section 161.38: District CCR, Conservation, Cultural, and Recreation
- Chapter 162: Use Units
- Section 162.01: Establishment/Listing
- Chapter 167: Tree Preservation and Protection
- Section 167.04: Tree Preservation and Protection During Development