Zoning Variance Application Process in the City of Bentonville

Property owners in the City of Bentonville seeking a variance must submit a formal application to the Planning Department at least 10 days before a public hearing held by the Board of Adjustment. A variance will only be granted if the applicant demonstrates that peculiar conditions exist where a literal interpretation of the Bentonville Zoning Code would deprive the owner of rights enjoyed by other properties in the same district. Approved variance permits remain valid for a period of six months, after which they expire if the authorized use or construction has not commenced.

Authority and Purpose

The Bentonville Board of Adjustment is the primary body authorized to approve variances from the literal provisions of the City of Bentonville Zoning Code [Section 301.10 (a)]. Variances are intended to provide relief in instances where strict enforcement of the code would cause undue hardship due to circumstances unique to the individual property under consideration [Section 201.02].

Application Requirements

To initiate the process, the property owner must submit a complete application to the City of Bentonville Planning Department in accordance with current policies. Every application must explicitly set forth the following information:

Interpretation: The specific interpretation of the code that is being claimed.
Requested Use: The specific use for which the permit is sought.
Grounds for Variance: Comprehensive details of the variance and the specific grounds upon which the applicant claims it should be granted.
Scaled Drawings: A scaled drawing submitted at least 10 days prior to the hearing, showing the requested variance and the exceptional conditions causing practical difficulty or undue hardship.
Supplementary Information: Any additional data requested by the Planning Department due to conditions specific to the request [Section 301.10 (b)(1)].

Public Notification and Hearing Timeline

The City of Bentonville requires strict adherence to public notice standards to ensure transparency for neighboring property owners and the general public.

Requirement	City of Bentonville Standard
Application Submittal	At least 10 days prior to the public hearing
Newspaper Notification	Published 1 time at least 7 days prior to the hearing
On-Site Signage	Posted on the property at least 7 days prior to the hearing
Public Hearing	Required; held by the Board of Adjustment
Permit Validity	6 months (must start work/use within this window)
Reconsideration Wait Period	1 year from the date of a previous denial

Standards for Approval

The Bentonville Board of Adjustment cannot grant a variance unless the applicant successfully demonstrates several key findings of fact. The Board must determine that:

Unique Circumstances: Special conditions exist that are peculiar to the land or structure involved and are not applicable to other lands or buildings in the same City of Bentonville district.
Deprivation of Rights: A literal interpretation of the code would deprive the applicant of rights commonly enjoyed by other properties in the same district.
No Self-Imposed Hardship: The special conditions do not result from the previous actions of the applicant.
No Special Privilege: Granting the variance will not confer any special privilege denied to other lands or structures in the same district.
Minimum Relief: The variance granted is the minimum relief necessary to make possible the reasonable use of the land or structure.
Harmony with Intent: The variance is in harmony with the general purpose and intent of the City of Bentonville Zoning Code and will not be injurious to the neighborhood [Section 301.10 (c)].

Important Limitations and Prohibitions

The City of Bentonville imposes the following restrictions on the variance process:

Nonconforming Use Grounds: The nonconforming use of neighboring lands or structures in the same district, or permitted uses in other districts, are not considered valid grounds for issuing a variance [Section 301.10 (c)(2)].
Use Variances Prohibited: The Board of Adjustment is strictly prohibited from granting a variance to allow a use that is not permissible in the subject district under the terms of the City of Bentonville Zoning Code [Section 301.10 (c)(6)].
Appeals: Any person aggrieved by a decision of the Board of Adjustment may seek review by a court of record as provided by the laws of the State of Arkansas [Section 301.10 (f)].

Sections Cited