The Planning and Development Department is comprised of four divisions:
- Planning and Zoning Division
- Building Permits and Inspections Division
- Neighborhood Services Division
- Community Development Division
The Planning and Zoning Division provides technical information and advice to elected and appointed boards and citizens on the wise use of land for private and public purposes. The department is responsible for developing and maintaining the Comprehensive Plan for the City of Hot Springs, maintaining zoning and subdivision regulations of the city and processing development applications that involve those regulations each year. This division processes applications for zoning changes, comprehensive plan changes, preliminary subdivisions, final subdivisions, conditional uses, home occupations and other planning and development proposals. The division works closely with neighborhood and community organizations, business groups, developers, engineers, development attorneys and others in reviewing of development initiatives. The city's historic district commission is included in the Planning Department, and processes applications for Certificate of Appropriateness in a Historical District.
The Building Permits and Inspections Division administers and enforces regulatory codes and ordinances to protect local citizens. Codes enforced include building, fire, electrical, gas and plumbing, mechanical, and housing.
The Neighborhood Services Division is responsible for compliance with city ordinances related to housing, vacant structure, weeds, premises, and abandoned autos. The division responds to citizen requests, conducts proactive inspections and special projects.
The Community Development Division administers the Community Development Block Grant program (CDBG), which is an entitlement program as administered by the City of Hot Springs and is funded by the federal government through the U.S. Department of Housing and Urban Development (HUD). The primary objective of CDBG is to help develop viable urban communities through the provision of decent housing, suitable living environments, economic opportunity, principally for low to moderate income persons. All activities proposed by the City of Hot Springs to receive CDBG funding assistance must meet one of three national objectives:
- Benefit low to moderate income persons.
- Aid in the prevention or elimination of slums and blight.
- Address urgent housing and community development needs.
For more information and program requirements contact Gerald Harman, Community Development Administrator, 100 Broadway Terrace, 501-321-6879 or e-mail gharman@cityhs.net.
The Planning Department is downstairs in the Municipal Building, 133 Convention Boulevard. It is open from 8 a.m. to 5:00 p.m., weekdays.
At its most basic, a Comprehensive Plan is a community's common vision of what it hopes to become in the future - the quality of its residential neighborhoods; the places residents live, work, shop and play; the way people and goods move about the urban and rural areas; and the treatment of natural environmental features as development changes the rural landscape. The current comprehensive plan was adopted in 1997. This Plan describes in text, illustrations and maps how the city will grow and evolve to meet changing economic, social and environmental conditions.
Zoning is a type of regulation that is used by most cities to implement the adopted Comprehensive Plan. Zoning encourages the kind of land development that is indicated in the policies and maps of the Plan. Zoning regulations also provide a guide on how property owners can use their land in the best interests of public health, safety or general welfare.
Historically, zoning has been used to separate different types of land uses that are incompatible with each other, like the lead smelter next to a residential neighborhood. Zoning standards are established to make sure that neighboring properties do not block light and air and to prevent overcrowding or traffic congestion. Zoning is also intended to reserve sufficient land for developers and builders to provide facilities for people to live, work, shop and play. Zoning helps government entities determine the location and size of major streets, the size of water and sewer lines and the best locations for parks, schools and fire stations. The general idea is that if the community accepts some restrictions on individual property rights, there is more assurance that everyone's use, enjoyment and property value are better protected. Zoning restrictions must be reasonable, applied in a uniform manner and established through a system that guarantees due process for all affected parties. The federal bill of rights, state statutes and more than a century of court decisions all affect how land use can be regulated. Generally, private property owners have the right to put their land to some economically viable use, though not necessarily the most profitable use. If the land use restriction imposed by local government leaves no viable use, prohibits investment-based expectations, contradicts state or federal law, violates principles of due process or appears arbitrary and unreasonable, it is likely to be overturned by a court challenge. Zoning regulations consist of a text (Title 16 of the Municipal Code) and an official map which divides the community into various districts. The parcels in each district have a separate set of rules explained in the text which specify the kinds of uses allowed and the density of the uses, including:
- the amount of land required for every dwelling unit;
- the size of the buildings that can be built;
- the distance from neighbors and the street;
- the amount of parking required;
Hot Springs has 18 zoning districts, including several intended mainly for single-family and two- family residences, several for apartment development and others for office, commercial and industrial uses.
See the zoning map on the Web site. Then go to Title 16 Zoning, and select the chapter containing the rules for your district. If you have questions, call the Planning Department at 321-6650. Some areas have "overlay" districts that impose additional restrictions on the use of the land. These districts include Malvern Overlay, Seasonal Parking Overlay, and the Manufactured Home Overlay Districts. The zoning map has a selection to view these overlays online. Citizens may also call the number listed above to ask which overlays may apply to their property.
The process begins with the owner or a prospective purchaser submitting an application for a Zone Change and filing fee to the Planning Department. All applicants are encouraged to first meet with staff to make sure that they understand the information required for a submittal and the potential issues they may face. Applicants are also strongly encouraged to meet with neighboring owners prior to filing the application, especially if the change appears to be controversial. This allows the applicant to consider incorporating the concerns of neighbors in order to find out how best to mitigate the impact of their proposed development.
From the submittal date, it will take four to six weeks until the Planning Commission public hearing. Staff will research the request to determine the previous history relating to the site, the character of surrounding uses and zoning, the infrastructure available and consistency of the request with relevant Comprehensive Plan policies. If the requested zone is inconsistent with the current Comprehensive Plan designation, the applicant will need to submit a Comprehensive Plan Change application along with the Zoning Change application. Staff also prepares a list of nearby owners and mails them notice of the upcoming hearing; submits an advertisement of the hearing to the local newspaper; provides a sign for the applicant to post on the property; solicits comments from other departments; and prepares a staff report with analysis and recommendations. The report goes to the Planning Commission along with correspondence from the applicant and other interested parties in advance of the public hearing.
The Planning Commission holds its hearing and then votes on each application. Staff then prepares minutes of the discussion and vote and sends those, along with all the information sent to the Planning Commission, on to the elected board. The elected board holds its own hearing and votes to approve or deny the request. Applicants can choose to contract with private attorneys, planning consultants or other individuals to act as their agents in the rezoning process. For additional information, call the Planning Department at 321-6650.
Most uses in each zoning district are permitted "as of right". That means the uses are permitted with special conditions set out in the zoning ordinance without the requirement for public hearings and board approvals. But certain uses in certain districts are only allowed by "conditional use permit". Conditional uses can be approved by the Planning Commission after a public hearing with prior notification to nearby owners and proper advertisement. Examples of conditional uses include home occupations, daycare facilities and nursing homes. Other uses permitted in some zones may be conditional uses in others. For a complete list please refer to the Permitted Use Chart contained within Title 16. The approving board can impose reasonable conditions or deny the request if it is determined to be inconsistent with the adopted Plan or has too much negative impact on surrounding property.
Setbacks are required minimum distances between a building and the related front, side, exterior side, or rear property line. These distances determine how far construction must be set back from the property line. Setbacks for your particular property may be determined by calling the Planning Department office at 321-6650. Or, if you know the zoning of your property, simply check Title 16 online.
The Planning Inspector/Zoning Administrator enforces the zoning ordinance. To report a violation, call 321-6856, send a letter to P.O. Box 700, Hot Springs, AR 71902 or e-mail the Planning Inspector at rwise@cityhs.net
First, you can contact the applicant directly to discuss your concerns. You have the right to comment on any application filed. You can comment in person by testifying at the official public hearing or in writing or by fax or e-mail prior to the hearing. Aggrieved parties, as well as the applicant, have the right to appeal Planning Commission decisions to the elected board, and decisions of the final approving body can be appealed to District Court. Appeals must be filed within specified time periods. . For additional information, call the Planning Department at 321-6650.
The process tries to balance the individual owner's rights to make use of his or her property and the public interest in preserving Hot Springs's heritage. For more information, contact the Planning Department's historic district’s planner, Rick Stauder, at 321-6872 or rstauder@cityhs.net.
The zoning laws regulate some aspects of how you can use your property, but other aspects are regulated by the City's subdivision regulations, Title 16 of the Hot Springs Municipal Code.
One of the historic reasons to require that the subdivision and sale of land be reviewed and recorded through a subdivision process is to provide a simple system of legally defining property. Another longstanding purpose of subdivision regulations is to ensure that lots are actually "buildable" - that they meet the area and yard requirements of the zoning district; that they have access from a public way; that the land is suitable for buildings (e.g. not too steep, and not subject to flooding); and that adequate provisions have been made for water and sewer service, whether through community or individual on-site systems. Easements may also be required, generally along the edges of lots, to accommodate public and private utility lines. Subdivision review ensures that streets line up properly and connect from one development to another, are properly designed and constructed and are named in a logical way that does not cause confusion for emergency and delivery services. Subdivision regulations also govern grading and drainage, erosion control and the installation of sidewalks, street trees and lighting. Developers may be required to pay for improvements off-site (e.g. a turn lane and/or a signal in the adjacent arterial street for traffic safety), as well as, on the site.
Plats involving new streets are prepared by engineers or surveyors who understand the many technical requirements. The preliminary plat is reviewed by staff from various departments and agencies and placed on the Planning Commission agenda for action. Final plats are then prepared and submitted, with appropriate improvements installed or guaranteed before the plat can be approved. The approved final plat is then filed with the County Clerk’s office, at which time ownership of the individual lots may be legally transferred. For more information on subdivisions, contact a member of the Planning Department Development Review staff at 321-6650.
You may get information about property by visiting the Planning Department Offices or by checking the Department's Web site. The Planning Department's Offices are located in the Municipal building at 133 Convention Boulevard. If you visit our offices, a Planning Department staff member will be glad to assist you in finding out more about any parcel of land in which you may have an interest. You may also check the information available on the Planning Department Web site. Under the Planning and Zoning Department page there is a link to City GIS Zoning Map. This map has many interactive features; including the ability to let you to enter a specific address to obtain information about zoning, aerial photography and other geographic information.
You may contact the Planning Department by phone at 321-6650 or e-mail at tminear@cityhs.net. If you need verification that the property is outside the City limits, please include the address and parcel and/or property ID of the property. The City limits also appear on the zoning maps that can be accessed from the Planning Department Web site.
The City of Hot Springs has a landscaping ordinance contained in Title 16 of the Municipal Code. The Urban Forester for the City of Hot Springs enforces the landscaping ordinance and can be contacted at 321-6959 or email cdaniels@cityhs.net.
Denny McPhate, with the Engineering Department, can answer all of your flood plain questions. (501) 321-6866
Currently adopted codes include:
- Arkansas Fire Prevention Codes 2002 Edition
- 2000 International Building Code
- 2000 International Fire Code
- 2000 International Residential Code
- 2004 Arkansas Energy Code
- 2003 Arkansas Mechanical Code
- 2003 Arkansas Plumbing Code
- 2005 National Electrical Code
If not available at local bookstores, or at the public library, all of the Codes can be ordered on the International Code Council Web site.
Any structure over 120 square feet requires a permit.
Residential permit
Residential addition permit
Commercial building permit
Yes, your neighbor can build a second story as long as they comply with the Zoning Ordinance and Building Codes.
Building permit
R105.2 Work exempt from permit.
Permits shall not be required for the following. Exemption from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions
of this code or any other laws or ordinances of this jurisdiction.
Building:
1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet (11.15 m2).
2. Fences not over 6 feet (1829 mm) high.
3. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge.
4. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18 927 L) and the ratio of height to diameter or width does not exceed 2 to 1.
5. Sidewalks and driveways.
6. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
7. Prefabricated swimming pools that are less than 24 inches (610 mm) deep.
8. Swings and other playground equipment.
9. Window awnings supported by an exterior wall which do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support.
Electrical:
Repairs and maintenance: A permit shall not be required for minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.
Gas:
1. Portable heating, cooking or clothes drying appliances.
2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
3. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.
Mechanical:
1. Portable heating appliances.
2. Portable ventilation appliances.
3. Portable cooling units.
4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code.
5. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
6. Portable evaporative coolers.
7. Self-contained refrigeration systems containing 10 pounds (4.54 kg) or less of refrigerant or that are actuated by motors of 1 horsepower (746 W) or less.
8. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.
The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.
R105.2.1 Emergency repairs.
Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the building official.
R105.2.2 Repairs.
Application or notice to the building official is not required for ordinary repairs to structures,
replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.
R105.2.3 Public service agencies.
A permit shall not be required for the installation, alteration or repair of generation, transmission, distribution, metering or other related equipment that is under the ownership and control of public
service agencies by established right.
Contact the building inspector immediately, at 321-6849
Contact the permits division at 321-6851 or 321-6846 and give them the address.
Any fence 6 foot or less requires no permit.
First, obtain a copy of your property's legal description (if you don't have a copy, you may be able to get this from the Garland County Assessor's office, or copy of the plat map for your subdivision. Using this information, try to locate your property pins - iron rods inserted into the ground in each corner of your property (you may need to use a metal detector to find them). Stringing a line (or laying a garden hose) between those pins will give you a fairly accurate idea of where your property lines are. You may also want to hire a surveyor to reestablish your property corners and property lines for you.
In limited or emergency circumstances, it is possible. Please see Section 16.1.8 of the Hot Springs Municipal Code to see regulations pertaining to Temporary Structures and/or call the Hot Springs Planning Department 321-6650 for further information.
Information on property ownership can be obtained online at www.actdatascout.com or by contacting the Garland County Assessor's Office at 622-3730.
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