Regulations for Legal Nonconforming Structures in Fayetteville
In Fayetteville, legal nonconforming structures are permitted to continue for creative reuse and may be repaired or reconstructed provided voluntary changes do not exceed 50% of the square footage. If a Fayetteville structure is involuntarily damaged by a calamity, it may be restored on its original footprint if reconstruction begins within 18 months, but any voluntary removal of more than 50% of the building requires all future construction to comply with current Fayetteville Unified Development Code standards.
Overview of Nonconforming Status
A legal nonconforming structure in Fayetteville is defined as a building that was lawful when it was originally constructed but no longer complies with current zoning requirements, such as setbacks, height limits, or lot coverage [Section 161.01]. The City of Fayetteville specifies that the adoption of the Unified Development Code (UDC) does not grant lawful status to structures that were already nonconforming under previous ordinances [Section 150.05]. These structures are allowed to exist to contribute to the character and diversity of Fayetteville neighborhoods until they are removed [Section 164.12(A)(1)].
Maintenance, Repair, and Reconstruction
Fayetteville property owners are encouraged to maintain nonconforming structures in good condition. The following table outlines the specific thresholds for allowable actions under the Fayetteville Unified Development Code:
Fayetteville Nonconforming Structure Standards
| Condition or Action | Regulation |
|---|---|
| General Repairs | Allowed, provided the nonconforming portion is not enlarged in volume, area, or footprint [Section 164.12(A)(2)]. |
| Reconstruction (< 50%) | Permitted for amounts less than 50% of existing square feet if the footprint and volume are not enlarged [Section 164.12(A)(3)]. |
| Voluntary Removal (≥ 50%) | Requires complete removal or reconstruction in full compliance with current Fayetteville UDC regulations [Section 164.12(A)(4)]. |
| Involuntary Damage | Structures damaged by fire, wind, or calamity may be restored on the same footprint (plus allowed expansions) if work starts within 18 months [Section 164.12(A)(5)]. |
| Movement of Structure | If a nonconforming structure is moved any distance, it must conform to the regulations of its new location [Section 164.12(A)(8)]. |
| Reduction of Nonconformity | A structure may be altered at any time to decrease its degree of nonconformity [Section 164.12(A)(9)]. |
Additions and Expansions
The rules for expanding a nonconforming structure in Fayetteville depend on the specific zoning district type:
Conventional Setback Districts
In Fayetteville zoning districts that utilize conventional building setbacks, additions and expansions are permitted. However, the new construction must comply with all current setbacks, building area requirements, and building height limits for that specific district [Section 164.12(A)(6)].
Urban Build-to Districts
For Fayetteville structures located in zoning districts that utilize build-to zones and minimum buildable street frontage requirements, the following rules apply:
- Expansion of 50% or more: New construction that increases the footprint or habitable space by 50% or more must comply with all current build-to zone and street frontage standards [Section 164.12(A)(8)].
- Expansion of less than 50%: Additions that increase the footprint or habitable space by less than 50% are permitted to be located outside of the current build-to zone, provided they comply with all other applicable Fayetteville zoning and development ordinances [Section 164.12(A)(8)].
Safety and Nuisance Regulations
Fayetteville requires all owners of nonconforming structures to maintain them in a safe condition. If the Fayetteville Building Official identifies an unsafe or unlawful condition, the owner must perform repairs promptly. Failure to do so may lead the City Council to order the structure's removal or "raze" the building at the owner's expense [Section 164.12(A)(10)].
A nonconforming structure may be brought into full legal conformity through a Fayetteville Board of Adjustment variance, a rezoning action, or physical alterations that meet current standards. Structures constructed unlawfully (without initial permits) are never considered legal nonconforming structures and are prohibited [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