Short-Term Rental and Bed and Breakfast Regulations in Fayetteville
In the City of Fayetteville, Type 1 short-term rentals (owner-occupied) are allowed in all zoning districts, while Type 2 short-term rentals (non-owner occupied) require a conditional use permit in residential zones but are permitted by right in many commercial and mixed-use districts. Bed and Breakfast facilities are permitted as a temporary conditional use in all Fayetteville zoning districts, provided they remain owner-occupied and limit guest accommodations to five rooms. All such lodging operations in Fayetteville must comply with specific parking, occupancy, and neighborhood compatibility standards as defined by the Unified Development Code.
Bed and Breakfast Facilities in Fayetteville
In Fayetteville, a Bed and Breakfast is defined as a permanently owner-occupied private home with a maximum of five guest rooms providing temporary lodging and meals to overnight guests [Section 151.01]. Under the Fayetteville Unified Development Code, these facilities are classified as "Unit 2 City-Wide Uses by Conditional Use Permit" [Section 162.01].
Permission and Operational Standards
Bed and Breakfast facilities are permitted as temporary conditional uses in all zoning districts in Fayetteville [Section 163.03]. The permit remains valid as long as there are no substantiated neighborhood complaints that justify revocation [Section 163.03(A)].
Fayetteville mandates the following standards for Bed and Breakfast operations:
| Standard | Requirement |
|---|---|
| Maximum Guest Rooms | 5 rooms [Section 151.01] |
| Maximum Length of Stay | 14 days [Section 163.03(D)] |
| Parking | 1 off-street space per guest room (stacking allowed in driveways) [Section 163.03(C)] |
| Occupancy | Limited to overnight and event guests [Section 163.03(E)] |
| Inspections | Must pass Fire and Building Inspector checks before permit issuance [Section 163.03(G)] |
Short-Term Rentals (STRs) in Fayetteville
Fayetteville distinguishes between two types of short-term rentals, which apply to any dwelling unit or bedroom leased for a period of less than 30 consecutive days [Section 151.01].
Type 1 Short-Term Rentals
A Type 1 rental in Fayetteville is one where the owner or a long-term tenant occupies the principal dwelling as their primary full-time residence for at least nine months of the calendar year [Section 151.01].
- Permitted Districts: Type 1 short-term rentals are permitted by right in all zoning districts within Fayetteville [Section 164.26(A)].
- Special Case: Accessory Dwelling Units (ADUs) are automatically considered Type 1 short-term rentals [Section 151.01].
Type 2 Short-Term Rentals
A Type 2 rental is any short-term rental that does not qualify as a Type 1 because it is not occupied by a permanent resident [Section 151.01].
Residential Districts (Conditional Use Required): In Fayetteville's residential zones, a Type 2 rental requires a conditional use permit approved by the Planning Commission [Section 163.18]. The allowed residential districts include:
- R-A, RSF-.5, RSF-1, RSF-2, RSF-4, RSF-7, RSF-8, RSF-18
- RI-12, RI-U
- RMF-6, RMF-12, RMF-18, RMF-24, RMF-40
- NC (Neighborhood Conservation) [Section 163.18(A)]
Commercial and Mixed-Use Districts (Permitted by Right): Type 2 rentals are permitted by right in Fayetteville zoning districts where hotel/motel uses are allowed. These typically include:
- C-1, CS, C-2, C-3
- UN, UC, UT
- DC (Downtown Core), MSC (Main Street Center), DG (Downtown General) [Section 164.26(A)]
Short-Term Rental Standards in Fayetteville
Fayetteville applies the following technical standards to all short-term rental units:
| Standard | Requirement |
|---|---|
| Occupancy Limit | Maximum of 2 people per bedroom, plus 2 additional persons for the entire unit [Section 163.18(B)] |
| Parking | Limited to the maximum number of vehicles allowed for the underlying residential building [Section 163.18(C)] |
| Special Events | Not permitted (e.g., weddings, fundraisers, parties) [Section 163.18(D)] |
| Proximity Restriction | Planning Commission considers density and proximity to K-12 schools (within 1,000 feet) for Type 2 units [Section 163.18(H)] |
| Legal Structure | Must be a permanent dwelling; RVs and trailers are prohibited [Section 163.18(E)] |
Sections Cited
- Section 151.01 - Definitions
- Section 162.01 - Establishment/Listing
- Section 163.02 - Authority; Conditions, Procedures
- Section 163.03 - Bed And Breakfast Facilities
- Section 163.18 - Type 2 Short-Term Rentals In Residential Zoning Districts
- Section 164.26 - Type 1 Short-Term Rentals Citywide And Type 2 Short-Term Rentals In Non-Residential And Mixed-use Zoning Districts