Bentonville Zoning and Site Plan Review Procedures and Timelines
The City of Bentonville requires a minimum 15-day public notification period before any hearing regarding a rezoning or conditional use permit. Applicants must generally submit documentation and proof of neighbor notification at least 10 days prior to a scheduled meeting. Following a final decision by the Planning Commission, aggrieved parties have a 30-day window to file an appeal with the City Council.
Mandatory Procedural Timelines
While the City of Bentonville does not specify a "typical" total number of days for a project to clear the review process, the Zoning Code establishes several mandatory timeframes that dictate the minimum duration of the review cycle. These timelines ensure that City of Bentonville staff, neighboring property owners, and the general public have sufficient time to evaluate the impacts of a proposed development.
| Procedural Requirement | Minimum Timeframe | Code Section |
|---|---|---|
| Rezoning Public Notice | 15 days prior to public hearing | [Sec 301.08(b)(2)a] |
| Certified Mail Notification | 15 days prior to public hearing | [Sec 301.08(b)(2)c] |
| Submission of Proof of Mailing | 10 days prior to commission meeting | [Sec 301.08(b)(2)c] |
| Conditional Use Public Notice | 15 days prior to public hearing | [Sec 301.06(c)(2)a] |
| Variance Public Notice | 7 days prior to public hearing | [Sec 301.10(b)(2)a] |
| Variance Scaled Drawing Submission | 10 days prior to public hearing | [Sec 301.10(b)(1)d] |
| Notice of Appeal Filing | 30 days after final commission action | [Sec 301.09(a)] |
The Review Process by Application Type
Rezonings (Zoning Amendments)
A property owner seeking to amend the zoning map must submit an application to the Planning Department. The process involves a staff review followed by a public hearing before the Planning Commission. The Planning Commission provides a recommendation to the City Council, which makes the final determination. If an application is denied by the City Council, the applicant must wait one year before the same application may be reinitiated [Sec 301.08].
Conditional Use Permits
The Planning Commission has the authority to approve conditional uses to ensure they are compatible with surrounding property. The City of Bentonville requires that notice of the public hearing be published in a newspaper of general circulation and that signs be posted on the property not later than seven days prior to the hearing [Sec 301.06].
Variances
Variance requests are handled by the Board of Adjustment. Similar to rezonings, if a variance request is denied, it cannot be reconsidered for at least one year from the date of denial [Sec 301.10].
Post-Approval and Expiration Timelines
Once a permit or approval is granted within the City of Bentonville, the applicant must act within specified windows to maintain the validity of the approval:
- Permit Validity: An order permitting the use of a building or premises is valid for no more than six months unless the use is established or construction has commenced [Sec 301.10(e)].
- Appeals: Any decision regarding a rezoning or conditional use permit may be appealed to the City Council. The aggrieved party must file a "Notice of Appeal" with the city clerk within 30 days of the Planning Commission's final action [Sec 301.09(a)].
- Lapse in Construction: For annexed parcels, if construction is stopped for more than one year, the Planning Commission may require the buildings to meet all requirements for new construction [Sec 401.04(f)].
- Site Plan Expiration: If a Planned Unit Development (PUD) expires as set forth in the Subdivision Code, the PUD zoning designation becomes void and the property reverts to its original zoning district [Sec 401.10(g)].
Sections Cited
- Sec 301.06 Conditional Uses
- Sec 301.08 Zoning Amendments (Rezoning)
- Sec 301.09 Appeals To City Council
- Sec 301.10 Variances
- Sec 401.04 Application Of Zoning District Regulations
- Sec 401.10 PUD, Planned Unit Development