Zoning promotes orderly growth by dividing property into zones. Within those zones, the character and location of buildings and grounds are regulated. Some objectives of these regulations include the following:
Stabilization and conservation of property values
Protection of streets, schools, and utilities from overloading
Provide locations for each land use which are properly related to traffic, utilities, and other land uses
Separating conflicting types of traffic by the proper relation of land uses
What is the difference between subdivision control and zoning control?
Under subdivision control, the way the subdivision is designed (roads, utilities, building lots) is controlled. The zoning control being considered will regulate the actual use of the land.
What gives the City of Fort Smith the right to extend extra territorial jurisdiction in the area?
Under Arkansas State Statutes, Fort Smith may extend its zoning jurisdiction two miles outside of its city limits. Because of the location of the Cities of Bonanza and Greenwood, Fort Smith will not be extending zoning jurisdiction the full two miles. Instead, the limit will stop where the Greenwood and Bonanza districts begin. Cities also have the right to extend subdivision control within five miles of their city limits. The cities of Fort Smith, Greenwood, and Bonanza have already extended this control to a certain extent.
Does this mean my property is about to be annexed?
No, this is about zoning and regulating land uses near the City, not about annexation.
Will the extra territorial zoning affect my property taxes or any other tax that I pay?
No, this will not have any effect on property taxes, sales tax, utility franchise tax, or any other type of tax.
How does this affect my current land uses or the way I use my property?
This does not affect your current land uses. You can continue any land use that currently exists, such as residential or commercial activities.
Does this mean I will never be able to change the use of my property?
No. However, any changes in property uses (for example, from residential to commercial) will require the property owner to apply for a zoning change. This process will include notice to surrounding property owners and a public hearing before the Fort Smith Planning Commission and Board of City Directors. The zone change request will be approved or denied based on the merits of the request.
How could my property values be improved with zoning?
A significantly detrimental land use could move next to your property, which could affect your standard of living and your property values. For example, a heavy commercial, industrial, or multi-family project being placed next to your property. Currently, there are no governmental entities or regulations to prevent this from happening.
The City of Fort Smith requires every business to have a license. The Planning Division must approve the zoning before a business inside the city limits can open for operation. This process is to verify that the business is allowed to operate in a specific zoning district. Following the zoning check, the location will be subject to certain life and safety code inspections. Please contact the Planning Division if you require further assistance.
Will the extra territorial zoning affect the school my children attend?
No, zoning does not alter school district boundaries.
Does this mean that I will be required to obtain building permits?
No, building permits will not be required. However, in order to administer the zoning uses, a land use permit will be required.
Does Sebastian County have zoning and does this overlap with the proposed zoning by the city?
Sebastian County has no zoning or land use controls. Arkansas law delegates zoning and subdivision control to cities such as Fort Smith, Greenwood, and Bonanza.
What services will the city provide with the extra territorial zoning?
The City of Fort Smith will help to regulate land use in the extra territorial zoning district, which will help to protect and maintain property values. Currently, no entity or persons assist with the regulation of land uses in the unincorporated areas of the County. No other City services such as police or fire will be provided.
Will other City Ordinances such as pet leash laws and the discharge of firearms be enforced?
No, the only City Ordinances that would be enforced are those that regulate land use and controls.
The Planning Division posts agendas and meeting minutes for the Planning Commission on the Planning Commission website. If you cannot find a specific meeting, please contact the Planning Division for assistance.
What if I have additional questions, concerns, or comments?