Zoning regulates what structures and land are used for, where a structure may locate on a lot, and how big that structure can be. It also regulates other elements of site development, such as accessory structures, parking, and landscape. Zoning regulations are divided into zoning districts, so that use, bulk, setback, and development regulations are tailored to the character of each particular zoning district.

The City’s current development code does not adequately implement Hot Spring’s goals for the future as established in the recently adopted plans and policies. In addition, many of the zoning district regulations may not relate to the current built environment, creating nonconformities, or may not allow for desired forms of development within the City. An updated zoning code can address these issues, removing unnecessary regulatory hurdles or roadblocks, and providing opportunities for the City to move toward desired patterns of development, further refine the character of Hot Springs, direct investment to targeted areas, protect key City resources, and create new opportunities for economic development.

A generic use approach is proposed for the new Hot Springs Zoning Code. How does this approach work in practice?

What happens to undesirable or sensitive uses? A revision of how uses within zoning districts are controlled is proposed, based upon the concept of “generic uses.” A generic use approach is established by combining specific uses into a broader use category. For example, barber shops, beauty parlors, nail salons, shoe repair, and tailors would be addressed in the use “personal services establishment.”

Currently, Hot Springs employs an approach that incorporates some generic uses, but still relies on listing certain specific uses, which can make it difficult to respond to new and emerging uses. Incorporating a full generic use approach would have two main benefits. First, it eliminates the need for extensive and detailed lists; the use sections of the Code become shorter and easier to use. Second, the generic use approach provides the City with greater flexibility to review and permit those uses that may be desirable, but are not specifically listed within the broader context of the use definition.

However, an important element of the generic use approach is continuing to recognize that certain specific uses are unique in their impacts and community concerns and need to be regulated separately, rather than as part of a generic use. If a use is singled out, it cannot be considered part of any generic use definition.

A common example is adult uses, which are always defined and regulated separately within codes. Once pulled out separately, theses uses cannot be considered part of more generic categories such as retail goods establishments or live entertainment. But specific uses are not limited to these most sentive types. Often even common uses are pulled out so that they can be better controlled; for example, some cities pull out specific uses such as body modification establishments (aka tattoo parlors), massage parlors, doggie day care, and funeral homes from the personal services establishment in order to limit them to certain districts or to add additional standards.

The reasons for pulling specific uses from a more generic category can occur for a number of reasons. These include:

• The use should not be as broadly allowed as the more generic category within the districts.

• Certain uses require use standards to minimize their impacts.

• Some uses may be appropriate as a permitted use in one district, but more other districts may require review as a conditional use.

The initial draft will contain a preliminary set of specific uses that are common to other ordinances. It is anticipated that specific uses of concern will be refined throughout the drafting process based upon input received.

The Commercial Transition District (C-T) in the current Ordinance requires special approval for nonresidential development through the Planning Commission. Nonresidential development requires a site plan and all nonresidential uses are considered conditional uses. The Planning Commission evaluates the development to ensure that it matches or complements surrounding nonresidential development and that the intensity is compatible with the surrounding neighborhood. The only permitted uses within the C-T District are residential uses.

It has been proposed within the Technical Report to: “ ‘loosen’ the current controls on this district, allowing it to function by-right as a true transitional district, not requiring oversight by the Planning Commission. By structuring use permissions, dimensional standards, and design elements, this district can function as a small-scale commercial district that is compatible with nearby residential.” Because the C-T District borders and/or is in close proximity to the residential neighborhoods, will this result in development that is incompatible with the neighborhoods? Would this eliminate the public’s ability to provide input on proposed development?

The Report proposes to create a logical commercial district structure that scles up in intensity. The C-T District would be the least intense of all the districts and is intended to help facilitate the transition from residential to commercial; in fact, this aligns with the current purpose of the district.

However, as a commercial district, where all commercial uses are conditional, the purpose of the district is at odds with the its regulations. A commercial district should allow for some commercial uses as permitted uses. This is what is meant by “loosening” the district – allowing a limited range of uses to be permitted that would be compitable with surrounding districts. In addition, it is proposed to update the regulations of the C-T District to ensure that there is a comprehensive set of standards for building siting and design, signs, parking, landscape, and buffering/screening that further reinforce this compatibility. The intent is to create use allowances and district regulations that are clear and predictable and continue to protect the character of adjacent residential.

Finally, there would continue to be nonresidential uses within the updated C-T District that are only allowed as conditional uses; this allows for a public process, similar to what occurs now. Those uses would continue to require review and approval by the Planning Commission. The list of uses within the C-T District, and all districts of the Code, would be reviewed and modified in each draft iteration as appropriate.