Rebuilding and Restoring Nonconforming Structures in Fayetteville

In Fayetteville, a nonconforming structure that is involuntarily damaged or destroyed by a calamity, such as fire or wind, may be legally rebuilt on its original footprint provided that reconstruction begins within 18 months of the loss. If a structure is voluntarily removed or destroyed to an extent of 50% or more of its existing square footage, any new construction must fully comply with all current City of Fayetteville Unified Development Code (UDC) regulations. However, if a structure houses a nonconforming use and sustains damage exceeding 50% of its gross square feet, the right to continue that nonconforming use is permanently eliminated.

Rebuilding After Involuntary Damage

According to the Fayetteville Unified Development Code, owners of nonconforming structures are protected in the event of involuntary damage resulting from fire, winds, or other calamities. The owner is permitted to rebuild, reconstruct, or restore the structure using the same footprint as the original building [Section 164.12(A)(5)].

This restoration may include any additions or expansions otherwise allowed by the underlying zoning district. To maintain this right, the property owner must meet two specific requirements:

Timeline: Reconstruction must begin within eighteen (18) months of the date of the loss.
Code Compliance: While the structure may retain its nonconforming dimensions (the footprint), the work must comply with all other applicable zoning, development, and building codes [Section 164.12(A)(5)].

Voluntary Removal and Minor Repairs

The permissions for rebuilding change significantly if the destruction of the structure is voluntary. The City of Fayetteville classifies the level of allowable work based on the percentage of the structure being impacted:

Significant Voluntary Destruction: If a property owner voluntarily removes or destroys 50% or more of the existing square feet of a nonconforming structure, the structure must be completely removed, or any reconstruction must conform entirely to the current regulations of the City of Fayetteville [Section 164.12(A)(4)].
Minor Reconstruction and Repairs: If the work involves less than 50% of the existing square feet, the nonconforming structure is permitted to be repaired or reconstructed, provided the nonconforming portion is not enlarged in volume, area, or footprint [Section 164.12(A)(2) and (3)].

Nonconforming Uses vs. Nonconforming Structures

It is critical to distinguish between a nonconforming structure (a building that violates physical standards like setbacks) and a nonconforming use (an activity not typically allowed in that zone).

In Fayetteville, if a structure associated with a nonconforming use is destroyed or damaged to an extent of more than 50% of the existing gross square feet, the nonconforming status of the land is eliminated. In such cases, the land and any future structures may only be used for activities that conform to the current zoning district [Section 164.12(B)(1)(g)].

Summary of Rebuilding Standards

Scenario	Threshold	Rebuilding Standard
Involuntary Damage (Calamity)	Any percentage	May rebuild on the same footprint if started within 18 months.
Voluntary Destruction	50% or more of square feet	Must conform to all current UDC regulations.
Voluntary Reconstruction	Less than 50% of square feet	Permitted if the nonconforming portion is not enlarged.
Damage to Nonconforming Use	More than 50% of gross square feet	Nonconforming use status is lost; use must become conforming.
Damage in Flood Hazard Area	50% of market value	Triggers requirement to bring the entire structure into compliance with Flood Code.

Substantial Damage in Flood Zones

Fayetteville applies additional scrutiny to buildings within designated flood hazard areas. "Substantial damage" is defined as damage of any origin where the cost of restoring the structure to its before-damaged condition equals or exceeds 50% of the market value of the structure before the damage occurred [Section 151.01]. If a structure in Fayetteville reaches this "substantial damage" threshold, the entire structure must be brought into full compliance with the provisions of the Flood Damage Prevention Code [Section 168.10(G)].

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