Fayetteville Nonconforming Structure Modification and Expansion Guide
In the City of Fayetteville, property owners may repair or modify nonconforming structures provided the nonconforming portion is not enlarged in volume, area, or footprint. Expansions are generally permitted in conventional districts if the new addition complies with all current setback and height requirements, while major expansions of 50% or more in urban form districts require the construction to meet modern build-to zone and street frontage standards. In the event of involuntary damage, owners have 18 months to begin reconstruction on the existing footprint to maintain nonconforming status.
General Principles for Nonconforming Structures
The City of Fayetteville Unified Development Code (UDC) intends to regulate structures that were lawfully established but no longer conform to current zoning designations. While the City of Fayetteville encourages the continued and creative reuse of these structures to contribute to neighborhood character, specific limitations apply to how they may be altered [Section 164.12].
Repairs and Minor Reconstruction
Modification of a nonconforming structure is permitted under the following conditions:
- Repairs: Maintenance and repairs are allowed as long as the nonconforming portion of the structure is not enlarged in volume, area, or footprint [Section 164.12(A)(2)].
- Partial Reconstruction: A structure may be reconstructed if the work amounts to less than 50% of the existing square footage, provided the nonconforming portion is not enlarged [Section 164.12(A)(3)].
- Decreasing Nonconformity: Any alteration that decreases the degree of a structure's nonconformity is permitted [Section 164.12(A)(9)].
Standards for Modification and Expansion
The City of Fayetteville applies different standards based on the scale of the modification and the zoning district type.
| Type of Modification | Standard/Requirement |
|---|---|
| Expansion in Conventional Districts | Additions are permitted if the addition itself complies with all current setbacks, building area, and height requirements [Section 164.12(A)(6)]. |
| Expansion < 50% (Urban/Build-to Zones) | Additions that increase footprint or habitable space by less than 50% may be located outside the build-to zone, provided they comply with other UDC ordinances [Section 164.12(A)(7)]. |
| Expansion ≥ 50% (Urban/Build-to Zones) | All new construction must comply with current build-to zone and minimum buildable street frontage standards [Section 164.12(A)(7)]. |
| Voluntary Removal/Destruction (≥ 50%) | Requires complete removal or reconstruction in full conformance with current regulations [Section 164.12(A)(4)]. |
| Involuntary Damage (Fire/Wind/Calamity) | May rebuild on the same footprint plus allowed expansions if reconstruction begins within 18 months [Section 164.12(A)(5)]. |
| Moving the Structure | If moved any distance, the structure must conform to the regulations of the new location [Section 164.12(A)(8)]. |
Additions in Conventional vs. Urban Districts
The City of Fayetteville distinguishes between "conventional" districts (utilizing standard setbacks) and districts utilizing "urban form" (utilizing build-to zones).
Conventional Districts
In City of Fayetteville zoning districts that use conventional setbacks, an owner can add to a nonconforming building as long as the new portion of the building does not violate any current height, setback, or area requirements. The existing nonconforming portion of the building is not required to be brought into compliance just because a new, compliant addition is built [Section 164.12(A)(6)].
Urban Form and Build-to Zone Districts
In City of Fayetteville districts that require buildings to be located within a specific "build-to zone" (near the street), the rules for expansion are based on the percentage of the increase:
- Small Expansions: If the increase in the building's footprint or habitable space is less than 50%, the new addition can be placed anywhere on the lot that is legal, even if it is outside the required build-to zone [Section 164.12(A)(7)].
- Large Expansions: If the expansion increases the footprint or habitable space by 50% or more, the construction must be designed to meet the modern build-to zone and minimum buildable street frontage requirements [Section 164.12(A)(7)].
Special Circumstances
Involuntary Damage
If a nonconforming structure in the City of Fayetteville is damaged or destroyed by a calamity such as a fire or storm, the owner is permitted to rebuild or restore the structure on its original footprint. This restoration can even include any expansions allowed by the underlying zoning district. To exercise this right, the reconstruction must begin within 18 months of the loss and must comply with current building and safety codes [Section 164.12(A)(5)].
Unsafe Structures
The City of Fayetteville Building Official monitors the condition of nonconforming structures. If a structure is determined to be unsafe or a public nuisance, the owner must perform repairs promptly. Failure to do so may result in the City Council ordering the structure to be razed and removed [Section 164.12(A)(10)].
Bringing Structures into Conformity
An owner may choose to bring a nonconforming structure into legal compliance through a variance granted by the Board of Adjustment or through a rezoning action [Section 164.12(A)(11)].
Sections Cited
- 150.05 Relationship To Previous Development Ordinances
- 161.01 Application Of District Regulations
- 164.12 Nonconforming Structures, Uses And Lots
- 173.09 Building Permit (referenced regarding reconstruction)