Swimming Pool Installation and Setback Regulations in Bentonville
In the City of Bentonville, in-ground swimming pools are permitted to encroach into required side and rear setbacks provided they are not located within any recorded easement. Above-ground pools are treated as accessory structures and must generally maintain a 7-foot setback from side and rear property lines, while all swimming pools are strictly prohibited from being located in the front yard of a primary residence. Non-residential swimming pools associated with institutional or charitable uses must maintain a minimum separation of 100 to 200 feet from residential districts, depending on air-conditioning and screening [Section 401.04 and Section 601.15].
Private Residential Swimming Pools
The Bentonville Zoning Code distinguishes between the placement of in-ground pools and other structures when applying setback requirements.
In-Ground Pool Setbacks and Encroachments
In-ground pools are specifically identified as features that may encroach into the required setbacks established for a zoning district. However, the City of Bentonville strictly prohibits these structures from being placed within any public or private easement [Section 401.04].
| Feature | Encroachment Standard | Easement Restriction |
|---|---|---|
| In-ground pools | May encroach into required setbacks | Shall not be located in an easement |
Above-Ground Pool Regulations
The Bentonville Zoning Code defines a structure as anything built or constructed [Section 201.02]. Because above-ground pools are not explicitly listed in the encroachment table, they must adhere to the standard regulations for accessory structures. For most residential lots in Bentonville, this requires a minimum side and rear setback based on the size of the pool's footprint.
| Structure Type | Requirement |
|---|---|
| Above-ground pool (Footprint ≤ 720 sq. ft.) | 7-foot side and rear setback |
| Above-ground pool (Footprint > 720 sq. ft.) | Must meet the setbacks of the specific zoning district |
| Front Yard Placement | Prohibited; cannot be located in front of the primary structure |
Non-Residential and Institutional Swimming Pools
When a swimming pool is installed as part of a charitable, cultural, educational, or health-related facility that is located in or abuts a Residential (R) District, the City of Bentonville enforces specific separation requirements to protect the character of the neighborhood [Section 601.15].
Minimum Building Separation
The distance required between the pool facility and the nearest property line of a Residential District depends on whether the facility is air-conditioned.
| Facility Condition | Minimum Separation from Residential District |
|---|---|
| Fully Air-Conditioned | 100 feet |
| Not Fully Air-Conditioned | 200 feet |
Separation Reductions
In the City of Bentonville, these institutional separation requirements may be reduced to a minimum of 50 feet if Type A Screening is provided along the property line abutting the residentially zoned property [Section 601.15].
Key Definitions and Restrictions
- Structure: The Bentonville Zoning Code defines a structure as anything that is built or constructed [Section 201.02].
- Easement: An easement is a grant by the property owner for the use of land by the public, a corporation, or specific persons for a specific purpose. Pools may never be placed within these areas [Section 201.02].
- Accessory Use: A swimming pool is considered an accessory use when it is subordinate in area and purpose to the principal use (such as a home) and located on the same lot [Section 201.02].
- Front Yard Restriction: Under the general rules for accessory structures in Bentonville, no such structure or use may be located in front of the primary building on the lot [Section 601.01].
Sections Cited
- Sec 201.02 Definitions Of Terms And Uses
- Sec 401.04 Application Of Zoning District Regulations
- Sec 601.01 Accessory Structures
- Sec 601.15 Nonresidential Uses In Or Abutting R Districts