Legal Criteria for Demonstrating Undue Hardship for Variances in Bentonville
In the City of Bentonville, a hardship exists when strict enforcement of the Zoning Ordinance would cause a property owner undue difficulty due to physical circumstances unique to that specific parcel of land. To qualify for a variance, the Bentonville Board of Adjustment must find that the literal interpretation of the code would deprive the owner of rights enjoyed by neighboring properties in the same district and that the hardship was not self-imposed.
Definition of Variance and Hardship
The City of Bentonville Zoning Ordinance defines a variance as a device that grants a deviation from the literal provisions of the ordinance. This relief is specifically reserved for instances where strict enforcement would cause "undue hardship" resulting from circumstances unique to the individual property under consideration [Section 201.02].
Mandatory Standards for Variance Approval
For the Bentonville Board of Adjustment to legally grant a variance based on a claim of hardship, the applicant must successfully demonstrate four specific criteria. These standards ensure that variances are granted based on the physical realities of the land rather than the personal preferences of the owner.
| Criteria for Hardship Approval | Description of Requirement |
|---|---|
| Unique Circumstances | Special conditions exist that are peculiar to the specific land, structure, or building and are not applicable to other properties in the same zoning district [Section 301.10(c)(1)(a)]. |
| Deprivation of Rights | A literal interpretation of the Bentonville Zoning Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district [Section 301.10(c)(1)(b)]. |
| Non-Self-Imposed | The special conditions and circumstances cited as a hardship do not result from the previous or current actions of the applicant [Section 301.10(c)(1)(c)]. |
| No Special Privilege | Granting the variance will not confer any special privilege on the applicant that is denied to other lands or structures within the same district [Section 301.10(c)(1)(d)]. |
Findings Required by the Board of Adjustment
Beyond the applicant's demonstration of hardship, the Bentonville Board of Adjustment must make several formal findings before an approval can be issued:
Minimum Relief Necessary
The Board must find that the requested variance is the absolute minimum deviation from the City of Bentonville's regulations that will allow for the reasonable use of the land or building [Section 301.10(c)(3)].
Harmony and Public Welfare
The Board of Adjustment must determine that granting the variance will remain in harmony with the general purpose and intent of the Zoning Ordinance. Furthermore, the variance must not be injurious to the surrounding neighborhood or otherwise detrimental to the public welfare of the City of Bentonville [Section 301.10(c)(4)].
Prohibited Grounds for Variance
The City of Bentonville explicitly limits what can be used to justify a hardship claim:
- Neighboring Nonconformities: The existence of nonconforming uses of neighboring lands or structures in the same district, or permitted/nonconforming uses in other districts, does not constitute legal grounds for a variance [Section 301.10(c)(2)].
- Use Variances: The Board of Adjustment is strictly prohibited from granting a variance to allow a land use that is not permissible in the subject district under the terms of the Bentonville Zoning Ordinance [Section 301.10(c)(6)].
Sections Cited
- Sec 201.02 Definitions Of Terms And Uses
- Sec 301.10 Variances