This zoning code, which incorporates the official zoning map, is known, cited, and referred to as the "Hot Springs Zoning Code," "zoning code," or "Code."

(Ord. No. 6513, § 1(Exh. A), 11-19-24)

The intent of this Code is to establish land use regulations to serve the City of Hot Springs. The purpose of this Code is to:

(1)

Promote the public health, safety, and welfare.

(2)

Secure adequate light and air and prevent overcrowding in developments.

(3)

Promote the orderly development of the city and implement the plans and policies adopted by the city.

(4)

Create a comprehensive pattern of land uses to plan for transportation, water supply, sewerage, schools, parks, public utilities, and other facilities.

(5)

Preserve open space and natural areas, provide opportunities for multi-modal transportation, utilize existing infrastructure and resources, and preserve quality of life.

(6)

Assign districts to land within the city, according to use of land and structures, bulk of structures and use intensity as deemed best suited to carry out the purposes of this Code and adopted policies.

(7)

Preserve and enhance the character of structures and neighborhoods that constitute the distinct places within the city.

(8)

Provide for procedures for the administration of the Code and efficient review of development proposals.

(Ord. No. 6513, § 1(Exh. A), 11-19-24)

(a)

Territorial application.

(1)

This Code applies to all land, uses, and structures within the city.

(2)

Lake Hamilton is regulated by Entergy. The City of Hot Springs does not regulate Lake Hamilton.

(b)

General application. In their interpretation and application, the provisions of this Code are held to be the minimum requirements for the promotion and protection of the public health, safety, and welfare.

(c)

Relation to private agreements. This Code does not nullify any private agreement or covenant. However, where this Code is more restrictive than a private agreement or covenant, this Code controls. The city does not enforce any private agreement.

(d)

Relation to other laws and regulations. In case of conflict, this Code prevails, unless otherwise specifically provided.

(e)

Rules regarding illustrations and graphics. Any illustrations, graphics, and/or photos contained in this Code are intended to assist the user in understanding the Code. If there is any inconsistency between the text of the Code and any such illustration, graphic, and/or photo, the text controls.

(Ord. No. 6513, § 1(Exh. A), 11-19-24)

(a)

Existing uses. The following rules apply to uses operating as of the March 1, 2025 the effective date of this Code:

(b)

Structures rendered nonconforming. Any structure that lawfully existed prior to the March 1, 2025 the effective date of this Code, or any subsequent amendment to this Code, that does not meet all standards for the zoning district where it is located is classified as a nonconforming structure.

(c)

Lots rendered nonconforming. Any lot that was lawfully established prior to March 1, 2025 the effective date of this Code, or any subsequent amendment to this article, that does not meet all standards for the zoning district where it is located, is classified as a nonconforming lot.

(d)

Unlawful uses, structures, or lots. Any use of land, structure, or lot unlawfully existing prior to March 1, 2025 the effective date of this Code continues to remain unlawful.

(e)

Previously granted variances. All variance approvals granted prior to March 1, 2025 the effective date of this Code, or any subsequent amendment to this Code, remain in full force and effect. The recipient of the variance may proceed to develop the property in accordance with the approved plans and all applicable conditions of the variance.

(f)

Existing planned developments. Approved planned developments (PD) remain in effect and continue to control the development of land that is subject to the PD. Any amendments to an existing PD are subject to the amendment procedures of this Code.

(g)

Previously approved conditional uses. Approved existing conditional uses remain in effect. Any amendments to an existing conditional use are subject to the conditional use procedures of this Code.

(h)

Previously lawful permitted uses now conditional. Any existing lawful use in effect at the time of adoption of this Code, if now requiring conditional use approval by this Code, is deemed to be so approved.

(Ord. No. 6513, § 1(Exh. A), 11-19-24)

(a)

All references to other regulations, documents, maps, or manuals in this Code refer to the most current version and citation for those regulations, documents, maps, or manuals, unless expressly indicated otherwise.

(b)

If the referenced regulations or documents have been repealed and not replaced by other regulations or documents, Code requirements for compliance are no longer in effect.

(c)

Whenever a provision of this Code refers to any other part of the city code or to any other law, the reference applies to any subsequent amendment of that law.

(Ord. No. 6513, § 1(Exh. A), 11-19-24)

Should any section, subsection, phrase, clause, or provision of this Code be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Code as a whole or any part thereof, other than the part so declared to be invalid.

(Ord. No. 6513, § 1(Exh. A), 11-19-24)