Permitted and Conditional Uses in the DC: Downtown Core District of Fayetteville

The DC: Downtown Core district represents the most intense development zone in the City of Fayetteville, allowing for the highest density of residential, commercial, and governmental uses. While a wide array of activities—including multi-family dwellings, hotels, and retail centers—are permitted by right, certain uses like dance halls and private dormitories require a conditional use permit. Any use not specifically categorized as permitted or conditional within this district is generally prohibited by the Fayetteville Unified Development Code.

Purpose of the DC: Downtown Core District

The DC: Downtown Core district is established by the City of Fayetteville to accommodate the most intense land uses and the highest development density in the central downtown area. This district is a commercial zone designed to provide a mix of office, governmental, retail, financial, and professional uses, alongside high-density residential developments [Section 161.26(A)].

Permitted Uses (Allowed by Right)

In the City of Fayetteville, the following Use Units are permitted by right within the DC: Downtown Core zoning designation [Section 161.26(B)(1)]:

Unit 1: City-wide uses by right – Includes public facilities, field crop farms, forests, sidewalks, and essential services like fire hydrants and police alarm boxes [Section 162.01].
Unit 4: Cultural and recreational facilities – Includes museums, art galleries, libraries, and legitimate theaters [Section 162.01].
Unit 5: Government facilities – Main facilities for government agencies, including courts and post offices [Section 162.01].
Unit 8: Single-family dwellings – Traditional detached residential units [Section 162.01].
Unit 9: Two-family dwellings – Duplexes and townhouses with no more than two attached units [Section 162.01].
Unit 10: Three- and four-family dwellings – Small-scale multi-family housing [Section 162.01].
Unit 13: Eating places – Restaurants and cafes, excluding drive-ins [Section 162.01].
Unit 14: Hotel, motel, and amusement facilities – Includes lodging and motion picture theaters [Section 162.01].
Unit 16: Shopping goods – Retail stores serving regional markets, such as department stores and clothing shops [Section 162.01].
Unit 17: Transportation trades and services – Includes car rentals, bus stations, and taxi stations [Section 162.01].
Unit 19: Commercial recreation, small sites – Includes billiard parlors, bowling alleys, and indoor theaters [Section 162.01].
Unit 24: Home occupations – Businesses operated within a residential property by the resident [Section 162.01].
Unit 25: Offices, studios, and related services – Includes medical clinics, financial institutions, and professional offices for architects or lawyers [Section 162.01].
Unit 26: Multi-family dwellings – Apartments and residential buildings with more than four attached units [Section 162.01].
Unit 34: Liquor stores – Establishments licensed for off-premise consumption [Section 162.01].
Unit 40: Sidewalk cafes – Outdoor seating areas for eating establishments [Section 162.01].
Unit 41: Accessory dwellings – Secondary housing units on a single lot [Section 162.01].
Unit 44: Cluster housing development – Groups of dwellings permitted in multi-family districts [Section 162.01].
Unit 45: Small scale production – Light manufacturing and specialized production like microbreweries (up to 15,000 barrels) [Section 162.01].
Unit 46: Short-term rentals – Residential units leased for periods of less than 30 consecutive days [Section 162.01].

Conditional Uses

Certain uses are permitted in the DC: Downtown Core district only after the Planning Commission grants a conditional use permit, ensuring the activity is compatible with the surrounding environment [Section 161.26(B)(2)]:

Unit 2: City-wide uses by conditional use permit – Includes airports, campgrounds, and solid waste disposal facilities [Section 162.01].
Unit 3: Public protection and utility facilities – Includes electrical regulating stations and water storage facilities [Section 162.01].
Unit 29: Dance halls – Establishments providing areas for dancing in a commercial environment [Section 162.01].
Unit 35: Outdoor music establishments – Venues where amplified or loud music is played in outdoor or partially enclosed areas [Section 162.01].
Unit 36: Wireless communication facilities – Includes cellular towers and antennas [Section 162.01].
Unit 42: Clean technologies* – Facilities that produce goods reducing environmental impacts [Section 162.01].
Unit 48: Private dormitories – Facilities constructed specifically for housing students [Section 162.01].

Prohibited Uses

The Fayetteville zoning code prohibits any use in the DC: Downtown Core district that is not expressly listed as a permitted or conditional use. Additionally, specific prohibitions include:

Incompatible Existing Uses: Businesses operating in a district where their use is not allowed and that cannot provide proof of establishment prior to the current code are declared incompatible and cannot continue [Section 161.02(C)(3)].
Unlisted Use Units: Heavy industrial uses (Unit 23), auto salvage/junk yards (Unit 39), and manufactured home parks (Unit 11) are not listed as allowed in this district [Section 161.26].
Specific Prohibitions: Establishments that fail to meet the noise control requirements for a commercial zone or create a public nuisance are subject to permit revocation [Section 161.26(A)].

Development Standards for DC: Downtown Core

All development in the DC: Downtown Core district of Fayetteville must adhere to specific urban form standards regarding placement and scale.

Dimensional and Building Standards

Standard	Requirement
Density	None
Minimum Lot Width (Dwelling)	18 feet
Build-to Zone (Front)	10 to 25 feet from front property line
Side Setback	None
Rear Setback	5 feet
Rear Setback (from Alley)	12 feet
Minimum Buildable Street Frontage	80% of the lot width
Base Building Height	5 stories
Maximum Building Height	14 stories*

*Buildings may reach up to 14 stories provided they follow specific master street plan right-of-way setbacks and height regulations [Section 161.26(G)].

Sections Cited

Section 161.01 - Application of District Regulations
Section 161.02 - Zoning Compliance and Business License
Section 161.26 - Downtown Core
Section 162.01 - Use Units Establishment/Listing