Legal Nonconforming Uses and Structures in Fayetteville
The Fayetteville Unified Development Code (UDC) allows for the continuation of uses and structures that were lawful before a code change but no longer comply with current zoning regulations. These "grandfathered" statuses are generally lost if a nonconforming use is abandoned for six consecutive months or if a nonconforming structure is damaged or destroyed to an extent exceeding 50% of its market value. However, structures damaged by natural disasters like fire or wind may be rebuilt on their original footprint if reconstruction commences within 18 months of the loss. [Section 164.12]
Nonconforming Structures
A nonconforming structure is a building or activity that was lawful when established but fails to meet current City of Fayetteville requirements for its zoning district. [Section 151.01]
Maintenance and Reconstruction
The City of Fayetteville permits nonconforming structures to exist for continued creative reuse to maintain neighborhood character and diversity. Owners may perform repairs or minor reconstructions provided the nonconforming portion is not enlarged in footprint or volume. [Section 164.12(A)(1-2)]
If a nonconforming structure is damaged by natural disasters (fire, wind, etc.), the City of Fayetteville allows the owner to restore the structure on its original footprint. This includes any additions or expansions allowed by the underlying zoning district, provided reconstruction begins within 18 months of the loss and complies with current building codes. [Section 164.12(A)(5)]
Limitations on Reconstruction
The Fayetteville Unified Development Code imposes strict limits on the voluntary removal or destruction of nonconforming structures:
- Damage < 50%: Reconstruction is permitted without enlarging the volume or footprint.
- Damage ≥ 50%: If a structure is voluntarily removed or destroyed by more than 50% of its square footage, the City of Fayetteville requires the structure be removed entirely or reconstructed in full compliance with current regulations. [Section 164.12(A)(3-4)]
Nonconforming Uses
A nonconforming use of land or a structure may continue as long as it remains otherwise lawful, subject to specific restrictions regarding enlargement and abandonment. [Section 164.12(B)]
Change of Use
A nonconforming use in the City of Fayetteville may be changed to another nonconforming use only if the Planning Commission finds that the proposed new use is "equally appropriate or more appropriate" to the district than the existing nonconforming use. Once a nonconforming use is superseded by a permitted (conforming) use, it cannot be resumed. [Section 164.12(B)(1)(c-e)]
Abandonment
Under the Fayetteville UDC, a nonconforming use is considered abandoned if it is discontinued for six consecutive months. This period does not apply if government action impedes access to the premises. Once abandoned, the land or structure must thereafter be used in conformity with the regulations of the district in which it is located. [Section 164.12(B)(1)(f)]
Nonconforming Lots
The City of Fayetteville allows for the development of lots that do not meet current width or area requirements (nonconforming lots) if they meet the following specific criteria:
| Requirement | Standard for Development |
|---|---|
| Street Frontage | Must have frontage onto a public street. |
| Utilities | Water and sewer must be provided to the lot at the time of development. |
| Minimum Width | Must have at least 50% of the required lot width of the underlying district. |
| Minimum Area | Must have at least 50% of the required lot area of the underlying district. |
| General Compliance | Must meet all other applicable setbacks, height, and coverage requirements. |
[Section 164.12(C)]
Zoning Compliance and Business Licenses
For the purposes of obtaining a city business license, the City of Fayetteville recognizes specific "Use Units" as existing nonconforming uses if they were established prior to certain cutoff dates.
Grandfathered Categories for Business Licensing
The following Use Unit categories are considered existing nonconforming uses if established prior to the dates listed below:
| Use Unit Number | Category Name | Establishment Cutoff Date |
|---|---|---|
| 3 | Public protection facilities | September 7, 2010 |
| 4 | Cultural and recreational facilities | September 7, 2010 |
| 5 | Government facilities | September 7, 2010 |
| 6 | Agricultural | September 7, 2010 |
| 7 | Animal husbandry | September 7, 2010 |
| 12a | Limited business | September 7, 2010 |
| 13 | Eating places | September 7, 2010 |
| 15 | Neighborhood shopping goods | September 7, 2010 |
| 24 | Home occupation | September 7, 2010 |
| 25 | Offices, studios, and related services | September 7, 2010 |
| 2 | City-wide uses by conditional use permit | July 15, 2003 |
| 14 | Hotel, motel, and amusement facilities | July 15, 2003 |
| 16 | Shopping goods | July 15, 2003 |
| 17 | Transportation trades and services | July 15, 2003 |
| 18 | Gasoline service stations & drive-ins | July 15, 2003 |
| 32 | Sexually oriented businesses | July 15, 2003 |
| 38 | Mini-storage units | July 15, 2003 |
Note: Short-term rental units are specifically excluded from these general business license grandfathering provisions. [Section 161.02(C)]
Sections Cited
- Section 150.05 - Relationship To Previous Development Ordinances
- Section 151.01 - Definitions
- Section 161.02 - Zoning Compliance And Business License
- Section 164.12 - Nonconforming Structures, Uses And Lots