Rebuilding Damaged Nonconforming Buildings in Bentonville
In the City of Bentonville, a nonconforming building or structure destroyed by fire, explosion, or other casualty may be legally rebuilt on its original site provided the reconstruction is completed within one year of the date of destruction. The reconstructed Bentonville building must not exceed the original dimensions, floor space, or height of the previous structure, though height may be minimally increased if necessary to meet current building code standards.
Reconstruction Standards for Nonconforming Structures
According to the Bentonville Zoning Code, any structure developed prior to the passage of the ordinance that complied with previous standards but is now considered substandard is classified as a "preexisting nonconforming structure." The City of Bentonville allows for these structures to be restored following damage or destruction under specific regulatory constraints.
Key Requirements for Rebuilding
The following table outlines the technical standards and limitations for the reconstruction of nonconforming buildings and uses in the City of Bentonville:
| Category | Requirement / Limitation |
|---|---|
| Completion Timeline | Must be completed within one (1) year of the date of damage or destruction. |
| Location | Must be rebuilt at the original site. |
| Floor Space | Cannot exceed the gross floor space of the original building. |
| Height | Cannot exceed the original height, except to minimally accommodate modern building code standards. |
| Dimensions | Cannot exceed the original physical dimensions of the nonconforming structure. |
| Intended Use | Must be used for the same purpose as it was before the damage occurred. |
Rebuilding Nonconforming Structures vs. Nonconforming Uses
The Bentonville Zoning Code distinguishes between buildings that are nonconforming due to physical attributes (such as setbacks or height) and buildings that are nonconforming because the activity inside is no longer permitted in that specific district.
Physical Nonconformity
If a Bentonville building is conforming as to its use but nonconforming regarding setbacks, height, or off-street parking, it may be rebuilt after destruction. The Zoning Code requires that the new structure not exceed the original dimensions of the nonconforming structure [Sec 701.02].
Use Nonconformity
If a structure is devoted to a nonconforming use (an activity not allowed in the current zoning district) and is destroyed by a casualty such as fire or explosion, it may be repaired or reconstructed for that same nonconforming use. However, the City of Bentonville prohibits any increase in floor space or height during this process, unless a height increase is the absolute minimum required to satisfy modern safety and building codes [Sec 701.04].
Administrative and Maintenance Rules
While reconstruction after a total loss is permitted within the one-year window, the Bentonville Zoning Code also allows for the ongoing normal maintenance of nonconforming premises. Furthermore, no nonconforming structure or building in the City of Bentonville may be moved, in whole or in part, to a different location within the city limits without explicit approval from the Bentonville City Council [Sec 701.02].
Sections Cited
- Sec 701.02 Nonconforming Buildings And Structures
- Sec 701.04 Nonconforming Uses