Vacancy and Abandonment Rules for Nonconforming Uses in Bentonville

In the City of Bentonville, a nonconforming use loses its legal status if the building, structure, or land remains vacant and unoccupied for a continuous period of one year. Once this one-year threshold is reached, the property may only be occupied by a use that fully conforms to the regulations of the specific Bentonville zoning district in which it is located.

Nonconforming Use Vacancy Limits

Under the Bentonville Zoning Code, a "nonconforming use" is defined as any use of land, building, or structure that was lawfully existing at the time the ordinance was adopted or amended but no longer complies with current district regulations [Sec 201.02]. The City of Bentonville strictly regulates how long these uses can remain inactive before they are considered abandoned.

If a building or structure used for a nonconforming purpose becomes vacant and remains unoccupied for a continuous period of one year, it loses its protected status. Following this period, the owner cannot re-establish the previous nonconforming use and must instead select a use that is permitted by right or as a conditional use within that specific zoning district [Sec 701.04].

Timelines for Maintaining Nonconforming Status

The City of Bentonville applies specific timeframes to different scenarios involving nonconforming buildings, land, and structures.

Scenario	Time Limit to Lose Legal Nonconforming Status
Building or Structure Vacancy	1 Year (Continuous)
Discontinuance of Use	1 Year (Continuous)
Nonconforming Land Use (without substantial buildings)	1 Year (Continuous)
Vacant/Partially Vacant Structure (designed for a specific use)	1 Year from effective date of ordinance
Rebuilding after Destruction (fire, explosion, etc.)	1 Year from date of damage/destruction

Discontinuance and Change of Use

The Bentonville Zoning Code stipulates that if a nonconforming use is discontinued for a continuous period of one year, any future use of the building or land must conform to the current regulations of the district [Sec 701.04]. Additionally, if a property owner voluntarily changes a nonconforming use to a conforming use, the right to return to the original nonconforming status is immediately forfeited.

Damage and Destruction Exceptions

In instances where a structure devoted to a nonconforming use in Bentonville is destroyed by fire, explosion, or other casualty, it may be repaired and reconstructed to its previous state. however, the City of Bentonville requires that this repair or reconstruction be commenced and completed within one year of the date of the damage or destruction. If this timeline is not met, the structure cannot be rebuilt to house the previous nonconforming use [Sec 701.04].

Nonconforming Land Use

For nonconforming uses of land that do not involve substantial buildings or structures, the City of Bentonville prohibits any extension or expansion beyond the area in use on the effective date of the ordinance. If the nonconforming use of such land is discontinued for a continuous period of one year, or if the use is changed, the land must thereafter be used in conformity with the Bentonville Zoning Code [Sec 701.04].

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