Expansion and Modification of Nonconforming Buildings in Bentonville
In the City of Bentonville, a building that is nonconforming only to bulk requirements (such as setbacks, height, or parking) but is used for a permitted purpose may be expanded or modified as long as the new addition complies with all current district regulations. However, if the structure is devoted to a nonconforming use, the City of Bentonville strictly prohibits any enlargement or relocation of that building. Structures damaged by casualty may be rebuilt within one year of the event, provided the new construction does not exceed the original dimensions of the previous nonconforming structure [Sec 701.02, Sec 701.04].
General Standards for Nonconforming Structures
The City of Bentonville defines a nonconforming building or structure as one that was lawful at the time of its construction but does not meet current regulations for parking, bulk, or area requirements for the zoning district in which it is located [Article 201]. While these structures may be maintained, specific rules apply to their physical modification.
Modification Eligibility by Category
The ability to expand or relocate a building in Bentonville depends heavily on whether the nonconformity lies with the physical structure itself or the activity (use) taking place inside.
| Action | Structure Nonconforming to Bulk/Area (Setbacks, Height, Parking) | Building Devoted to a Nonconforming Use |
|---|---|---|
| Expansion / Enlargement | Permitted, provided the addition itself complies with all current setbacks, height, and parking requirements [Sec 701.02]. | Prohibited. The building may not be enlarged or relocated on the lot [Sec 701.04]. |
| Relocation | Requires Bentonville City Council Approval if moved to another location within the city [Sec 701.02]. | Prohibited. The use may not be expanded or extended into other portions of a structure [Sec 701.04]. |
| Normal Maintenance | Permitted for the preservation of the premises [Sec 701.02]. | Permitted to prevent or prohibit normal deterioration [Sec 701.02]. |
| Rebuilding after Destruction | Allowed within 1 year of casualty; dimensions must not exceed the original nonconforming size [Sec 701.02]. | Allowed within 1 year of casualty; floor space/height must not exceed original (except for building code compliance) [Sec 701.04]. |
Specific Restrictions on Modifications
Structural Enlargement
For a building that is conforming to its intended use but nonconforming to physical standards (like being too close to a property line), Bentonville allows structural additions. The critical requirement is that the new portion of the building must meet all modern standards for the specific zoning district, including setbacks and off-street parking [Sec 701.02].
Accessory Uses and Buildings
If a property owner wishes to add an accessory use to a primary nonconforming use, they must undergo a public hearing process. The Bentonville Planning Commission must find that the proposed accessory modification promotes public health, safety, and welfare and does not expand the primary nonconforming use. This process follows the same procedures as a request for a conditional use [Sec 701.04].
Nonconforming Lots of Record
In Bentonville residential districts where single-family dwellings are permitted, a dwelling and its customary accessory buildings may be erected on a single lot of record even if the lot fails to meet area or width requirements. While the building may be erected on this undersized lot, the yard dimensions and other requirements (unless a variance is obtained) must generally conform to the regulations of the district where the lot is located [Sec 701.03].
Casualty and Vacancy Rules
If a nonconforming building in Bentonville is destroyed by fire, explosion, or other casualty, it may be repaired and used for its former purposes. The following timeline and size constraints apply:
- Time Limit: Repair or reconstruction must be commenced and completed within one year of the date of damage [Sec 701.02].
- Size Limit: The structure cannot be altered to increase the floor space or height of the original building, except where a height increase is the minimum necessary to meet modern building code standards [Sec 701.04].
- Vacancy: If a nonconforming use or the building utilized for it becomes vacant and remains unoccupied for a continuous period of one year, it loses its nonconforming status and must thereafter conform to the use regulations of the district [Sec 701.04].
Sections Cited
- Article 201 - Definitions
- Sec 701.01 - Continuation Of Nonconforming Buildings, Structures And Uses
- Sec 701.02 - Nonconforming Buildings And Structures
- Sec 701.03 - Nonconforming Lots Of Record
- Sec 701.04 - Nonconforming Uses