Accessory Dwelling Unit Regulations in Bentonville, Arkansas
In the City of Bentonville, Accessory Dwelling Units (ADUs) are permitted as an accessory use in every zoning district, ranging from Agricultural (A-1) and Residential (R) districts to Commercial (C), Downtown (D), and Industrial (I) districts. These units are limited to one per lot, must generally match the architectural style of the primary residence, and carry specific residency requirements, such as mandatory owner-occupancy in the A-1, RE, R-1, and DN-1 districts or caretaker-only occupancy in the C-2, I-1, and I-2 districts.
Permitted Districts for Accessory Dwelling Units
According to the City of Bentonville Table of Uses, "Dwelling — Accessory" is allowed as an accessory use ("A") in the following zoning districts [Section 401.05]:
- Agricultural Districts: A-1 (Agricultural).
- Residential Districts: R-E (Residential Estate), R-1 (Low Density Single Family), R-2 (Medium Density Two Family and Townhome), R-3 (Medium-High Density Multifamily), R-4 (High Density Multifamily), R-MH (Manufactured Home), R-ZL (Zero Lot Line), R-O (Residential Office), R-C2 (Central Residential - Moderate Density), and R-C3 (Central Residential - High Density).
- Downtown Neighborhood Districts: DN-1, DN-2, DN-3, and DN-4.
- Commercial Districts: C-1 (Neighborhood Commercial), C-2 (General Commercial), and C-3 (Mixed-Use Commercial).
- Downtown Districts: DC (Downtown Core) and DE (Downtown Edge).
- Industrial Districts: I-1 (Light Industrial) and I-2 (Heavy Industrial).
General Development Standards
The City of Bentonville regulates the size, quantity, and placement of ADUs to ensure they remain subordinate to the primary structure. ADUs may be attached to the primary dwelling or detached as standalone structures [Section 601.02].
Technical Standards for ADUs
| Standard | Requirement |
|---|---|
| Maximum Units per Lot | One (1) ADU [Section 601.02(c)] |
| Maximum Square Footage | 50% of the total square footage of the primary structure (Exempt if lot > 2 acres) [Section 601.01(b)] |
| Required Parking | Zero (0) additional spaces required [Section 601.02(f)] |
| Maximum Optional Parking | One (1) additional off-street paved space [Section 601.02(f)] |
| Utility Connections | Must use existing primary structure's sewer, water, and meter [Section 601.02(h)] |
| Subdivision | Prohibited; ADU land cannot be subdivided or segregated in ownership [Section 601.02(i)] |
Setback Requirements
ADUs must comply with the following setback standards for accessory structures [Section 601.01(d)]:
| Feature | Requirement |
|---|---|
| Front Setback | Per the specific zoning district; must not extend beyond the front building line of the primary structure. |
| Side Setback (Footprint ≤ 720 sq. ft.) | 7 feet. |
| Side Setback (Footprint > 720 sq. ft.) | As required by the specific zoning district. |
| Rear Setback (Footprint ≤ 720 sq. ft.) | 7 feet. |
| Rear Setback (Footprint > 720 sq. ft.) | As required by the specific zoning district. |
Occupancy and Use Restrictions
The City of Bentonville imposes distinct occupancy requirements based on the underlying zoning district.
Owner-Occupancy Requirements
In the A-1, RE, R-1, and DN-1 districts, either the primary dwelling or the accessory dwelling unit must be owner-occupied. The City of Bentonville defines "owner-occupied" as a property owner who maintains their legal residence at the site (evidenced by voter or vehicle registration) and receives no rent or payment for the unit they occupy [Section 601.02(b)(1)].
Caretaker Restrictions
In the C-2, I-1, and I-2 districts, ADUs are strictly for "Caretaker only" use. These units must be used solely for a watchman, caretaker, or custodian of the facility on the same site. These units cannot be separately rented or leased to anyone other than the caretaker [Section 601.02(b)(2)].
Design and Appearance
To preserve neighborhood character, the City of Bentonville requires ADUs to maintain the style and appearance of the primary structure. This includes using matching materials, colors, window styles, and comparable roof appearances. Additionally, only one entrance to the ADU may be visible from the front street, and exterior stairways are prohibited on the front of the primary structure [Section 601.02(d)-(e)].
Sections Cited
- Section 201.02 Definitions Of Terms And Uses
- Section 401.05 Table Of Uses For Zoning Districts
- Section 501.06 Number Of Off-Street Parking Spaces Required
- Section 601.01 Accessory Structures
- Section 601.02 Accessory Dwelling Units (ADUs)