Q – Will zoning make my property taxes go up?
A – No. The County collects property taxes based on the assessed value of property based on its use. How property is zoned has no bearing on property tax calculations. Southside is the only city in the county that does not levy a property tax millage. If there comes a time that the City has a need that requires more money, it will ask the electorate to approve a sales tax. This Council’s position is that property millage rates should be reserved for the School District as approved by the voters; and if the City were to levy a property tax millage, it would make passage of a school district millage much more difficult. Having a quality school district benefits the City; and having a quality City benefits the school district.
Q – How did you come up with the draft zoning map?
A – We initially used a map showing how the County Assessor classifies parcels of property for property tax assessment purposes–which is based on how the property is used. However, zoning district assignments do not always follow the Assessor’s classifications in all respects, nor do they typically always follow parcel lines. As such, there were some areas added so zoning districts would have more uniform and consistent boundaries—an important factor in trying to insure orderly development. And for the same reason, a few parcels are split by district boundary lines. Zoning districts generally set out how property is used, and how it may be put to use in the future. Since the public hearing, some property owners have requested that their property be zoned a different classification than what is shown on the draft zoning map. The door will continue to be open regarding such requests right up until adoption consideration.
Q – What if my property is zoned one way, but I am using it another way that’s not allowed? In other words, what if the use of my property is non-conforming with what the regulations say I can use it for?
A – When zoning is adopted, any established use of a structure or land that does not conform to the use regulations for the district in which it is located, is automatically granted a legal non-conforming use status. In other words, as a matter of law, it’s “grandfathered-in” and can continue to be used just as it was before zoning was adopted. (Doing otherwise would be a “taking” of someone’s property). No illegality will exist, and non-conforming use status remains in effect, regardless of ownership, with no time limit as long as the use is not eliminated, or is vacated for more than a year. A legal non-conforming use may also be changed to another non-conforming use provided the new use is less intense than the original non-conforming use. And since the use goes with the property, not the owner, a new owner would not have to get approval to continue the operation of a non-conforming use. Remodeling is permitted, as is limited expansion. So, if a commercial use exists in an area that’s zoned solely for single-family residential use that commercial use can continue to operate even though it’s non-conforming with what the regulations say is allowed in that residential district—that commercial use would not be illegal. And having a home in an area zoned commercial, would not make that home an illegal use, nor would it be considered a non-conforming use, because residential uses are expressly permitted and allowed in all commercial zones.
Q – Will I have to get a permit to build? If so, why?
A – Yes. A review would need to be accomplished to make sure that what you propose to build complies with the regulations. Is the proposed use allowed in the zoning district where your property is located; and if it is, is the lot big enough and can the structure be built within established setbacks from the street and adjoining properties? If all is OK, we’d issue a certificate of zoning compliance/building permit—which would clear you to build. If all is not OK, then avenues of appeal may be sought. A rezoning and/or a variance could be requested. If someone proposes to use an existing structure for a particular use, only a certificate of zoning compliance would be needed. But if we don’t have reviews and issue permits, we have no way of knowing what proposed uses are coming in, and there would be no record of their compliance with the law. Minimum requirements are all that’s sought.
The Arkansas Fire Prevention Code (AFPC), which consists of Volume I – Fire Code, Volume II – Building Code, and Volume III – Residential Code, is the law statewide—in the city and outside the city—according to an Attorney General’s opinion. If the City were to adopt the AFPC, then the enforcement and administration of the Code would be the City’s responsibility. And with adoption, we’d automatically, by law, have a building department. Adoption is not planned, and we have no intentions of charging for permits, or doing building inspections.
Q – What prompted the city look at zoning? It was promised we would be left alone.
A – There are several reasons. Since we incorporated 8 ½ years ago, we have had a few things that have cropped-up in and near neighborhoods that understandably upset residents that have been there for years. If there is a neighbor that moves in a commercial business that is less than clean and increases traffic, or is considered a nuisance, it tends to run down neighboring property values. The biggest investment most people make is their home, and we need to protect single-family residential areas. The one thing areas without zoning will tell you, is that anything can and will happen if there’s no regulations—it’s anything goes, anywhere in town. And without some minimal zoning regulations, there’s nothing the city can do to help provide protection. Zoning can help insure quality of life, and protect property values for both residential and commercial areas.
Another reason is for growth. We are always getting asked about when we’re going to get more restaurants and retail shops. A key factor for an investor or developer is cost. As you know Southside is very fortunate in that people do want to come out here, but land here is expensive. Because of that, potential buyers want to be sure that if they purchase land at a high price and build an expensive building, they want some assurance about what might go in next door. Zoning guarantees, to some extent, those expectations.
We feel like that whether zoning is done now or not, it will come to Southside eventually. Admittedly, we never thought we’d need to put it in place this early, but compatibility and growth issues tell us that implementing it now would have the least amount of inconvenience, and its enactment would be the most accountable to the public. Doing it now, while we’re still a 2nd Class City, enables the City Council to serve as the Planning Commission. We’re nearing mandatory 1st Class City status, which would require a separate Planning Commission. When we’re deciding what’s best for Southside, at this point in time, we don’t need more cooks in the kitchen, if you will. The Council is the best judge of balancing individual property rights with community interests and goals through limited land use regulations.
There is always a risk that a city can go too far with regulations, and the current state law allows that. That is not the goal of this Council. The greater risk is with not having any rules at all. A few people can make it hard on everyone else because they can take advantage of the lack of land use rules and guidelines. The longer we go without some rules and guidelines, the more things that will be “grandfathered-in,” and that may not be the best thing for the city.
The code can be changed after it is adopted. After a public hearing, improvements can be made, and if we have something wrong, it can be corrected. The one thing that cannot be changed is on any property that is “grandfathered-in” – we cannot go back and retroactively change the rules on those properties.
Our next meeting is Monday, January 29th, beginning at 6:00 PM. If you are unable to attend and have a questions, please email them to cityofsouthside@gmail.com. Zoning will not be up for adoption at this meeting, but continued public involvement and comments are certainly invited and encouraged.
You can also call me at 870-613-4801.
Thank you,
Ray Bowman, Mayor