ZONING & DEVELOPMENT

Zoning is the process of determining how a property may be used.  Each parcel has a specific zoning category that governs what can be done to that property.   Bella Vista categories include RSA-5 (residential single family), RM-1 (residential multi family), CMX-1, CMX-2 and CMX-2.5 (commercial).

Zoning permits certify the designated use of a property.  Zoning permits help ensure that a property stays in compliance with the rules of its zoning district with respect to the use as well as to have the architectural form and features comply with allowable lot coverage and building bulk, height and setbacks from property lines. Any building project that involves a change of use, reconfiguration of lot lines, changes to signs on commercial establishments, new construction on a lot, the installation of off-street parking or for the erection of a new addition, deck, fence or gate requires a zoning permit. Zoning permits must be applied for and approved before a building permit can be applied for and obtained.

A zoning appeal offers an applicant a time and date to be heard in the public forum of the ZBA to explain their project and why deviating from the zoning rules of their designated zoning district is essential or necessary.

A zoning variance is granted where the use is normally prohibited, or where deviating from allowable dimensional building parameters is necessary, but where enforcing the code would result in “unnecessary hardship” to the property. To obtain a variance, the applicant must prove to the ZBA that the granting of the variance is in the spirit of the code and it will not adversely affect public health, welfare or safety; where the conditions are unique to the property; and where the applicant did not create the need for the variance. Variances apply to the parcel of land so long as the use is maintained, and do not expire with a change of land ownership.

Once the appeal is filed, the applicant will be given a ZBA hearing date approximately 45-60 days from the date of the application filing. In that time, the applicant is required to first prepare a notification letter to the Planning Commission within 10 days, coordinate a meeting with the local Registered Community Organization (RCO) within 45 days, to post orange ZBA hearing poster(s) upon the property within 21 days of the ZBA hearing, and to notify all near neighbors (within approximately 200 feet of the proposed project) of the upcoming RCO meeting date, location and time.

In most cases, aside from properties on South Street, BVNA will be the primary coordinating RCO, and will convene the meeting.  Our meetings typically take place on the first Tuesday at 7:30pm at Palumbo Rec Center.

The applicant will have a chance to present their plans.  The near neighbors will then ask questions, followed by the community at large, followed by closing questions by the BVNA zoning committee.

After discussion concludes, BVNA will conduct a show of hand vote for those opposed, and those unopposed.  This vote will be conducted first of the near neighbors who received the notice, followed by the Bella Vista community at large.   BVNA zoning committee will then work on an advisory letter, which will include the vote tally, summary of discussion, as well as additional guidance, typically due 24 to 48 hours before the ZBA hearing date.

Building materials (such as brick vs vinyl) and architectural design elements are not governed by the base zoning code, nor does Bella Vista does not, at present, have a conservation overlay.   As such, these discussions are out of scope.  The applicant may share renderings that highlight these plans, but is not required to adhere to them.

Questions pertaining to the length of construction, road closures, dumpster placement, noise, and other logistics also do not fall under the zoning code.  While these are very important issues to discuss with the developer, as with any construction project — these matters are typically out of scope of any zoning meeting discussion.

In the case of a zoning variance or exception, the case will then be heard at the ZBA, 1515 Arch, 18th Floor.  The applicant will inform the Bella Vista community of this date and time.  If you feel strongly about the case, you are encouraged to attend and bring representation.   The ZBA will hear the case and render a decision, which either party could appeal.