A.

Chart. The following chart describes the relationship between the master land use plan, zoning districts included in the unified development ordinance, and previously existing districts. This chart is included for descriptive purposes only. Specific conversions between previous and existing zoning districts are made through the planning and zoning department pursuant to section 27-336.

(Code 1992, § 27-401; Ord. No. 16-12, § 2, 2-21-2012; Ord. No. 18-20, § 2(att.), 3-3-2020)

A.

Adoption and maintenance. The location and boundaries of the zoning districts established by the unified development ordinance are shown on the city zoning map, which is maintained by the planning and zoning department. The zoning map shall be considered a part of the unified development ordinance by reference. If there is any dispute regarding the zoning classifications of properties which are subject to the unified development ordinance regulations, the zoning map kept by the planning and zoning department shall govern.

B.

Location of district boundaries. The following rules shall apply in interpreting zoning district boundaries when the location of such boundaries are unclear:

1.

Where zoning district boundary lines are indicated as following alleys, streets, or railroads, the boundary lines are located and measured along the centerline of the street right-of-way, railroad, or alley.

2.

Where a legal description is not available, zoning district boundary lines are generally intended to coincide with property lines. Where a boundary line coincides approximately, but not exactly, with a property line, the boundary line shall be considered to be the property line.

3.

Streets or other rights-of-way that have been vacated fall into the same zoning district as the lots or parcels abutting both sides. If the lots or parcels were classified in different zoning districts before the vacation, the centerline of the vacated right-of-way shall be interpreted as the boundary line between the districts.

4.

Zoning boundaries which are indicated as approximately following the city or extraterritorial jurisdiction boundaries shall be interpreted to follow such boundaries.

5.

Reserved.

6.

Questions about the location of zoning boundaries may be subject to interpretation by the director pursuant to section 27-336.

(Code 1992, § 27-402; Ord. No. 70-11, § 2, 9-6-2011; Ord. No. 27-13, § 1, 7-9-2013)

A.

Types of uses. Land, buildings and structures may be used for any of the listed uses indicated in the following zone classifications as set forth by the City of Fort Smith Land Use Matrix (article 27-400, Appendix A).

B.

Classifications.

1.

Uses permitted by right. Classification "P" indicates that a land use is permitted by right in the respective district. Such uses are subject to all other applicable regulations.

2.

Uses permitted conditionally. Classification "C" indicates that a land use is permitted conditionally, subject to the issuance of a conditional use permit.

3.

Accessory uses. Classification "A" indicates that a land use is typically permitted as an accessory structure.

4.

Blank. A blank cell in the land use table indicates that a land use category is not allowed in the indicated district.

C.

Unlisted uses. When uses arise that have not been classified, the following procedure shall be used to determine the proper classification for those uses:

1.

The director of planning shall make an administrative decision as to the appropriate zones in which an unlisted use will be allowed.

2.

Should an unlisted use be proposed to be located in the H-1 historic zone, the director of planning shall refer the request to the historic district commission for a recommendation prior to making an administrative decision.

3.

The decision of the director of planning concerning the appropriate zones for an unlisted use may be appealed to the planning commission. The following procedure will be used for such appeals:

a.

Upon request of the person wishing to appeal, the director of planning will refer the question of the location of an unlisted use to the planning commission for the commission's decision.

b.

The appeal will contain a statement of facts concerning the nature of the use, including pertinent information such as types of sales anticipated, types of dwelling activities anticipated, whether enclosed or open storage accompanies the use, types of products manufactured or sold, and information about odor, noise, fumes, dust and toxic materials generated by the planned use. In addition, the appeal should contain information about the demand that will be placed on public utility services by the use.

4.

Upon receiving the appeal, the planning commission will consider the nature of the proposed use and its compatibility with uses permitted in the zones for which the use is proposed and then will make a decision upon the request.

5.

The decision of the planning commission on the appropriate zone of a new use may be appealed to the board of directors in accordance with section 27-337-8.

(Code 1992, § 27-403; Ord. No. 37-22, § 1, 5-3-2022)

A.

Standards. Table 27-404-A lists the lot dimension standards that apply within all zoning districts. These are base standards only; other provisions within the unified development ordinance may further limit development on a site. These standards apply to all uses unless expressly exempted.

Table 27-404-A. Lot Dimension Standards

(1)

Some building heights may be adjusted based on setback (see districts).

(2)

Building separation shall be determined by the current city building and fire codes.

(3)

See section 27-602-4D3a for additional setback requirements on multifamily projects.

B.

Lot area.

1.

Measurement. Lot area is measured as the amount of net land area contained within the property lines of a lot or parcel, not including right-of-way for streets.

2.

Lots with less than minimum width.

a.

A single-family or two-family house may be built on a lot that is smaller than required by the zoning district in which the lot is located, provided that the lot:

1.

Is located in a residential zone that permits the intended use;

2.

Is at least 35 feet wide and 3,500 square feet in area;

3.

Has boundaries and dimensions that were established by record on the effective date of the unified development ordinance by a recorded plat of a subdivision;

4.

Shall comply with the residential parking regulations in section 14-52.

b.

On any nonconforming lot that is less than 60 feet wide at the building line or 6,500 square feet in area, new structures must conform to the bulk and area requirements of the residential zone which most nearly corresponds to the minimum lot dimensions of the substandard lot.

3.

Utilities. Utilities using land or an unoccupied building covering less than 1,000 square feet of site area are exempt from the minimum lot area standards.

C.

Setbacks.

1.

Measurement. Setbacks are measured as the unobstructed and unoccupied open area between the minimum setback and the property lines of the lot on which the structure is located, except as modified by the standards of this section. Setbacks must be unobstructed from the ground to the sky except as specified in this section.

2.

Along a private street, setback measurement shall start at a point 25 feet from the street centerline.

3.

The following structures may encroach no more than three feet into the required setbacks if: (1) they are approved by the city building official, and (2) provided that they do not cross property lines or utility easements:

a.

Reserved;

b.

Porches, decks landings, and stairs, provided they are for single-story buildings and are not covered;

c.

Play equipment;

d.

Clothesline poles if not located in the setbacks adjacent to street right-of-way;

e.

Portable yard furniture;

f.

Reserved;

g.

Overhangs, coves, and cornices as defined in the currently adopted building code may be allowed, provided they do not exceed three feet. The definition of overhang specifically excludes any exterior wall of any structure regardless of its elevation above ground level;

h.

Mechanical units;

i.

Area and security lighting fixtures and supports (poles).

4.

Setback averaging. Regardless of the minimum front or rear setback required by the underlying zoning district, front or rear setbacks may be adjusted to the average of the existing setbacks of the lots that are on both sides of the subject lot according to the following:

a.

Only the setbacks on the lots that abut each side of the subject lot on the same side of the street as the subject lot may be used.

b.

When one abutting lot is vacant or a corner lot, then the average is of the setback of the non-vacant lot and the zoning district minimum setback.

5.

All residential lots on a cul-de-sac street that have frontage on the radius of the cul-de-sac are permitted to have a front yard setback of 20 feet.

6.

Except as otherwise provided in individual zone districts and/or overlay districts, signs are to be exempt from setbacks and minimum requirements provided they are erected in compliance with the provisions of the city's sign regulations.

7.

Gasoline sales are permitted under the following conditions:

a.

Pump islands shall be located a minimum of 20 feet from any public right-of-way.

b.

Island canopy overhangs shall be located at least ten feet from any public right-of-way and must have a height of at least 12 feet. Supportive posts of canopies shall be located at least 20 feet from any public right-of-way.

8.

The following structures are exempt from setback regulations as specified below:

a.

Patios, terraces, walks, and driveways provided they are at grade, and do not have enclosed walls or a roof;

b.

Ramps for the purpose of meeting accessibility requirements provided they do not have enclosed walls or a roof;

1.

Fences.

2.

Electric vehicle charging stations.

9.

Residential property platted prior to the effective date (August 12, 2009) of the UDO is permitted to use the 15-foot exterior side yard setback. This exemption does not include multifamily developments.

10.

When a multifamily, commercial or industrial development abuts a platted alley and an enhanced setback is required because it is next to property zoned or developed as single-family, the setback shall be measured from the centerline of the alley.

11.

When a subdivision plat identifies a setback different from the zoning district's minimum setback, the most restrictive setback dimension shall apply.

D.

Height.

1.

Measurement. Building height is the mean vertical distance from the average ground level at the minimum front setback to the highest permanent part of the building or structure.

2.

A structure may not be more than the maximum allowable feet high at the minimum setback lines, but for each additional foot of horizontal setback in excess of the minimum from all setbacks, the height may be increased by one foot. The height of a gabled end of a building shall be measured at the midpoint of the gable instead of the peak of the gable.

3.

The following structures may be exempted from the height requirements in the various districts if they are not detrimental to neighboring property and are approved by the city building official:

a.

Chimneys;

b.

Vents;

c.

Flagpoles;

d.

Antennas, including dish antennas, for reception only of radio and television signals (transmitting antennas, towers, and other structures on which receiving antennas are located are not exempt from height or other setback requirements);

e.

Rooftop HVACR units (heating and air equipment);

f.

Penthouse, as defined in the building code.

4.

The construction, maintenance, or establishment of any building, tree, smokestack, chimney, flagpole, wire, tower, parapet or other structure or appurtenance thereto, which can constitute a hazard or obstruction to safe air navigation, landing, or take off of aircraft near an airport, is prohibited. Regulations adopted by the Federal Aviation Agency (FAA) shall be minimum standards. No request shall be approved if it violates FAA standards.

(Code 1992, § 27-404; Ord. No. 47-10, § 2, 10-5-2010; Ord. No. 16-12, § 2, 2-21-2012; Ord. No. 29-14, § 1(att.), 6-3-2014; Ord. No. 14-15, § 1(att.), 2-3-2015; Ord. No. 64-15, § 1(att.), 10-6-2015; Ord. No. 77-17, § 1, 12-19-2017; Ord. No. 105-22, § 1, 11-1-2022; Ord. No. 117-22, § 1, 12-1-2022; Ord. No. 101-23, 12-19-2023)

Street classification as used in the unified development ordinance is as follows, from lowest to highest:

A.

Residential.

B.

Residential collector, restricted parking.

C.

Residential collector.

D.

Major collector.

E.

Minor arterial.

F.

Major arterial.

G.

Boulevard.

H.

Industrial street.

For more information about street hierarchy, see the city's master street plan.

(Code 1992, § 27-405)