Abandonment and Discontinuation of Nonconforming Uses in Fayetteville
Under the Fayetteville Unified Development Code, a nonconforming use of land or a structure is considered abandoned if it is discontinued for a period of six (6) consecutive months. Once this six-month threshold is reached, any future use of the property must comply fully with the current regulations of the specific zoning district in which it is located. An exception is made if government action has impeded access to the premises during that time.
The Six-Month Rule for Nonconforming Uses
In the City of Fayetteville, "nonconforming" refers to a structure, use, or lot that was legal when it was established but no longer meets the current requirements of the Fayetteville Unified Development Code due to subsequent zoning changes or annexations [Section 164.12].
The Fayetteville Unified Development Code explicitly states that if a nonconforming use of land, a structure, or a combination of both is discontinued or abandoned for six (6) consecutive months, the legal status of that nonconformity is terminated. After this period, the owner loses the right to operate the nonconforming use, and the property must be brought into conformity with the active regulations of the City of Fayetteville [Section 164.12(B)(1)(f)].
Timeline Summary for Discontinuation
The following table outlines the specific timeframes established by the City of Fayetteville for various types of discontinued activities or structures:
| Category of Activity | Period of Discontinuation/Inactivity | Impact on Legal Status |
|---|---|---|
| General Nonconforming Use | 6 consecutive months | Permanent loss of nonconforming status [Section 164.12] |
| Conditional Use Permit | 1 year | Permit rendered null and void [Section 163.02] |
| Agricultural/Animal Husbandry (Streamside) | 18 consecutive months | Ceases to be considered an "existing" use [Section 168.12] |
| Business Operation (Signs) | 60 days | Nonconforming sign structures must be removed [Section 153.08] |
Exceptions and Special Conditions
The City of Fayetteville provides limited flexibility regarding the six-month abandonment rule in specific circumstances:
- Government Impediment: The six-month period does not apply if the discontinuation is caused by government action that prevents access to the property [Section 164.12(B)(1)(f)].
- Agricultural Activities in Streamside Zones: For properties located within a Streamside Protection Zone, agricultural and animal husbandry activities are allowed a longer vacancy period. These activities only lose their status as "existing uses" if they have lain idle for more than eighteen (18) consecutive months [Section 168.12(F)(1)(a)].
- Involuntary Damage: If a nonconforming structure is damaged by fire, wind, or other calamities, the owner may rebuild or restore the structure on the same footprint, provided the reconstruction begins within eighteen (18) months of the loss and complies with all applicable building codes [Section 164.12(A)(5)].
Consequences of Abandonment
Once a nonconforming use in the City of Fayetteville is deemed abandoned, it cannot be resumed. The property owner is then restricted to uses permitted "by right" within their zoning district or must apply for new permits (such as a Conditional Use Permit) under current standards. Furthermore, if a business ceases operation for more than sixty (60) days, the Zoning and Development Administrator may require the immediate removal of any nonconforming signs or sign structures associated with that business [Section 174.05].
Sections Cited
- Section 153.08 - Miscellaneous Remedies
- Section 163.02 - Authority; Conditions, Procedures
- Section 164.12 - Nonconforming Structures, Uses And Lots
- Section 168.12 - Streamside Protection Zones
- Section 174.05 - Sign Removal