Regulations for Legal Nonconforming Uses in the City of Bentonville
Under the City of Bentonville Zoning Code, legal nonconforming uses and structures may continue to operate until they are discontinued or remain vacant for a continuous period of one year. While these "grandfathered" entities may be maintained or repaired after damage within a strict one-year window, they generally cannot be expanded, moved, or changed in a way that increases their nonconformity with City of Bentonville regulations.
Overview of Nonconformity Definitions
The City of Bentonville identifies two primary types of legal nonconformity that occurred lawfully prior to the adoption or amendment of the Bentonville Zoning Code:
- Nonconforming Building or Structure: A building that was lawfully existing but no longer complies with regulations for parking, bulk, height, or area requirements [Sec 201.02].
- Nonconforming Use: A lawful use of land or a structure that does not comply with the current permitted uses of the zoning district where it is located [Sec 201.02].
Technical Standards and Timeframes
The City of Bentonville applies specific time-based and percentage-based thresholds for determining when a nonconforming status is lost.
| Condition | Regulation/Threshold | Citation |
|---|---|---|
| Building Vacancy | Becomes illegal if vacant/unoccupied for 1 continuous year | [Sec 701.04(a)] |
| Discontinuance of Use | Becomes illegal if discontinued for 1 continuous year | [Sec 701.04(e)] |
| Repair After Destruction | Rebuilding must be completed within 1 year of damage | [Sec 701.02(b)] |
| Signage Damage | Lost if 50% or more of sign size/structure is damaged | [Sec 801.12(h)] |
| Structure Damage (Signage) | Sign must be removed if primary structure is 50% damaged | [Sec 801.12(h)] |
| Residential Moving | Not allowed to be moved unless approved by City Council | [Sec 701.02(a)] |
Regulations for Buildings and Structures
The City of Bentonville permits the maintenance and enlargement of nonconforming buildings under strict conditions:
Alterations and Enlargements
A building that is conforming as to its "use" but nonconforming as to setbacks, height, or parking may be structurally enlarged. However, the new addition itself must comply with all current setbacks, height limits, and parking requirements of the City of Bentonville district in which it sits [Sec 701.02(a)].
Destruction and Rebuilding
If a nonconforming structure is destroyed by fire, explosion, or other casualty, it may be reconstructed. Reconstruction must commence and be completed within one year of the casualty. The new structure cannot exceed the original dimensions (floor space or height), except where a height increase is required to minimally accommodate modern building code standards [Sec 701.02(b); Sec 701.04(b)].
Regulations for Nonconforming Uses
The Bentonville Zoning Code restricts the expansion of nonconforming activities to prevent the long-term stabilization of uses that do not align with the City of Bentonville's General Plan.
- Expansion: Buildings housing nonconforming uses cannot be enlarged or relocated on the lot. Furthermore, a nonconforming use cannot be expanded into other portions of a conforming building [Sec 701.04(d)].
- Land Use: Nonconforming uses of land (where no substantial buildings exist) cannot be extended or expanded to occupy more area than was used on the effective date of the Bentonville Zoning Code [Sec 701.04(f)].
- Accessory Uses: New accessory uses may be added to a primary nonconforming use if the Planning Commission finds they promote public health and do not expand the nonconforming use [Sec 701.04(c)].
Nonconforming Lots of Record
In residential districts, a single-family dwelling and its accessory buildings may be erected on a single lot of record that existed before the code was adopted, even if the lot fails to meet current minimum area or width requirements. However, the yard dimensions (setbacks) must still conform to the regulations of the district unless a variance is granted by the City of Bentonville Board of Adjustment [Sec 701.03].
Specific Grandfathering Scenarios
Residential Uses in Commercial Districts
A single-family detached dwelling that existed legally at the time a district was zoned commercial may continue as a residential use. The City of Bentonville allows these specific homeowners to remodel, expand the residence, or replace the home if unintentionally destroyed, provided they follow the standards of the R-1 Single-Family Residential District [Sec 601.18].
Nonconforming Signage
Grandfathered signs in the City of Bentonville may remain unless they are substantially damaged (50% or more) or the primary structure on the site is demolished or renovated by more than 50% of its square footage. If a property undergoes "Large Scale Development," nonconforming signs may remain only if the addition to the primary structure is less than 25% of the original square footage and no demolition of the original structure exceeds 10% [Sec 801.12(h)].
Sections Cited
- Sec 201.02 Definitions Of Terms And Uses
- Sec 601.18 Residential In Commercial District; Existing
- 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
- Sec 701.05 District Changes
- Sec 801.12 General Regulations (Signage)