Regulations for Legal Nonconforming Structures in the City of Bentonville
In the City of Bentonville, a legal nonconforming structure is any building that was lawfully established but no longer complies with current standards for setbacks, height, or off-street parking. These structures may be maintained indefinitely and even enlarged, provided that any new additions fully comply with current City of Bentonville zoning requirements and that destroyed structures are rebuilt to their original dimensions within one year.
Definition of Nonconforming Structures
According to the City of Bentonville Zoning Code, a "Nonconforming Building or Structure" is defined as any building or structure that lawfully existed on the effective date of the ordinance (or subsequent amendments) but fails to comply with regulations governing parking, bulk, or area requirements for the specific zoning district in which it is located [Sec 201.02].
General Rules for Maintenance and Expansion
The City of Bentonville allows the continued use and maintenance of nonconforming structures, subject to specific limitations on how they are altered or moved.
Maintenance and Enlargement
Normal maintenance of a nonconforming structure is always permitted and cannot be prohibited by the City of Bentonville [Sec 701.02]. If a building is conforming in its "use" (e.g., a residence in a residential district) but is nonconforming regarding its physical placement or size, it may be enlarged under the following conditions:
- The enlargement or addition must itself comply with the setbacks, height, and off-street parking requirements of the district.
- The addition must not increase the degree of nonconformity [Sec 701.02].
Relocation
No nonconforming structure in the City of Bentonville may be moved, either in whole or in part, to another location within the city limits without explicit approval from the Bentonville City Council [Sec 701.02].
Rules for Destruction and Rebuilding
Specific timelines and dimensional limits apply if a nonconforming structure is damaged or destroyed by fire, explosion, or other casualties.
| Standard | Requirement for Rebuilding |
|---|---|
| Timeline for Completion | Must be rebuilt to completion at the original site within one (1) year of destruction [Sec 701.02]. |
| Dimensional Limits | The replacement structure must not exceed the original dimensions of the nonconforming building [Sec 701.02]. |
| Height Exceptions | The building height may be increased only to the minimum extent necessary to accommodate current City of Bentonville building codes [Sec 701.04]. |
| Floor Space | In no event shall a structure be rebuilt or altered to increase the original floor space if it remains nonconforming [Sec 701.04]. |
Vacancy and Discontinuance
The City of Bentonville regulates how long a nonconforming building may remain empty before it loses its legal status. A vacant or partially vacant nonconforming building may be re-occupied by the use for which it was originally designed or intended, provided it is occupied within one (1) year after the effective date of the current ordinance [Sec 701.04].
If a building or structure utilized for a nonconforming use remains unoccupied for a continuous period of one (1) year, it cannot thereafter be occupied except by a use that conforms to the regulations of the district in which it is located [Sec 701.04].
Nonconforming Signs
Signs are considered structures under the City of Bentonville code and are subject to stricter nonconforming regulations. Nonconforming signs must be removed or brought into compliance if any of the following conditions occur:
| Trigger Event | Threshold for Compliance |
|---|---|
| Structural Damage | 50% or more of the sign size or sign structure is damaged or in disrepair [Sec 801.12]. |
| Major Alteration | Increasing sign size/height, replacing the sign cabinet, or changing/adding lighting [Sec 801.12]. |
| Primary Structure Damage | The primary building on the site is damaged by 50% or more of its gross square footage [Sec 801.12]. |
| Primary Structure Renovation | The primary structure undergoes major alteration, renovation, or replacement [Sec 801.12]. |
| Demolition | The primary structure on the site is proposed to be demolished [Sec 801.12]. |
Sections Cited
- Sec 201.02 Definitions Of Terms And Uses
- Sec 701.01 Continuation Of Nonconforming Buildings, Structures And Uses
- Sec 701.02 Nonconforming Buildings And Structures
- Sec 701.04 Nonconforming Uses
- Sec 801.12 General Regulations (Sign Ordinance)