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If you live in NW Arkansas, I’m sure you heard much talk about the rock quarry proposal for the southwest part of Washington County. Debate was loud and lengthy. The end result was the rock quarry could proceed because the county had no zoning regulations to stop it.
And it was just about one year ago that the Quorum Court took action to regulate density around existing city limits. That law established zoning areas within two miles of larger cities and within one mile of smaller towns. Development in those areas is limited to agricultural uses and single-family homes, which must be situated on at least one acre of land.
Now the Court, by a 7-6 vote, has passed an ordinance that zoned all unincorporated portions of the county as agricultural. Residents of the rural areas will now have some say about what is built in their neighborhoods.
The ordinance amends the zoning regulations passed last year. Anything other than a single-family home on at least one acre will be required to go before the Washington County Planning Board to make the case for a conditional-use permit.
Since November 2006, the Planning Board has considered 19 proposals and denied only two: one was a subdivision with 5 homes per acre and the other was to construct storage warehouses in a residential area.
So it seems to me that the new zoning regulations actually protect property values. I know I would not want a rock quarry, smelter, red-dirt pit or noisy factory situated next door to my home, and I don’t know anyone else who does.
In the debate over the most recent decision of the Quorum Court, the usual cry arose from some of the old timers who don’t want anyone telling them what they can do with their land. I think it’s time everyone realized that NW Arkansas is being coming more urbanized every day and rules and regulations are necessary to ensure an orderly society.
I’ll even go so far as to say that I believe it might even be time for building codes in rural areas. It’s not the law yet, but I’ve seen homes in the county that are practically impossible to sell because they were not “built to code.” Buyers these days almost always hire a professional building inspector who has the skill to know good from bad in such things as electrical wiring, plumbing, and structural safety.
Substandard buildings can also be hazardous to the inhabitants. There was a fire several years ago in such a home in Washington County where several small children were killed as they slept.
I don’t ever want to read sad headlines like those again. Laws are generally to protect the people, and I think the Washington County Quorum Court has shown remarkable restraint in trying to balance traditional values with the needs for orderly growth.
For more information:
Refer to my blog archives for article posted November 23, 2006
http://www.nwarktimes.com/nwat/News/59069/
Showing posts with label zoning restrictions. Show all posts
Showing posts with label zoning restrictions. Show all posts
Tuesday, November 13, 2007
Thursday, November 23, 2006
Washington County Takes Action to Limit Density Near Cities
The Washington County Quorum Court voted November 9, 2006, to implement new zoning requirements near its cities. Because the new ordinance received the nine votes required in order to pass and by invoking the emergency clause, it became effective immediately.
Pros and Cons
Numerous discussions and proposals have been held in past months. As is usual in these matters, citizens held varying opinions on the subject.
Those in favor of limiting density cited lack of infrastructure, particularly fire protection. Rural fire departments have limitations by their very nature and high-density developments pose many problems. Lack of schools and high traffic on country roads were other major limiting factors. A desire to maintain the rural atmosphere also appeared to be a high priority item. Without zoning regulations, there was no way to stop apartment buildings or red-dirt pits from springing up next door to an existing farmhouse.
People against the vote, at least at this time, said more time should have been devoted to public discussion. Some were against zoning restrictions of any type because they don’t like being told what they can do with their land. That is the very reason they chose to live outside city limits. Owners of acreage felt that the new regulations would negatively impact the value of their land. One citizen voiced concern that the regulations were intended to keep less affluent people from being able to buy a starter home in the area.
Regardless, guesswork about when and how the Quorum Court might act have ended. The regulations are now law.
The Bottom Line
Any proposed development that did not have preliminary approval by November 9 is subject to the new ordinance.
The ordinance establishes zoning areas within two miles of larger cities and within one mile of smaller towns. Development in those areas is limited to agricultural uses and single-family homes, which must be situated on at least one acre of land. The larger cities are Fayetteville, Springdale, Farmington, Prairie Grove, West Fork and Lincoln. The smaller cities are Elkins, Elm Springs, Goshen, Johnson, Greenland, and Tontitown.
No action was taken to establish zoning outside the one- and two-mile limits around existing cities.
Certain commercial corridors such as U.S. 412 and sections of U.S. 71, U.S. 62 and Arkansas 16 will be exempt from the ordinance. The exempted area will extend 300 feet from the centerline of the highway.
Only One Other Arkansas County Has Similar Rules
Crittendon County adopted a master use plan in 1974, but it was basically ignored for years until being used again in 2005, according to Crittendon County officials.
It is interesting to note that Benton County was unsuccessful in its efforts to pass zoning ordinances a couple of years ago.
Wiggle Room
The new ordinance also created a Zoning Board of Adjustment, which can approve conditional use permits if the development is deemed compatible with the surrounding area. The Board will require a written application and fee plus notification to neighboring property owners that a variance is under consideration. The Board will determine whether the proposed use is compatible with the area and whether or not it appears to be detrimental to the area or a danger to the public. The proposed use must also not interfere with surrounding property owner's enjoyment of their land.
Currently, a permit is not required to build a single-family home as long as it will be on at least one acre and no land splits are involved. The Quorum Court has a proposal under consideration that would require a permit in the future. The proposal will have its second reading in December and its third and final reading in January 2007.
For more information:
http://www.nwaonline.net/articles/2006/11/03/news/110306fzwshcoplanning.txt
http://www.nwaonline.net/articles/2006/11/10/news/111006wzfayzoning.txt
http://www.nwaonline.net/articles/2006/11/10/news/111106fzwashcoqc.txt
Pros and Cons
Numerous discussions and proposals have been held in past months. As is usual in these matters, citizens held varying opinions on the subject.
Those in favor of limiting density cited lack of infrastructure, particularly fire protection. Rural fire departments have limitations by their very nature and high-density developments pose many problems. Lack of schools and high traffic on country roads were other major limiting factors. A desire to maintain the rural atmosphere also appeared to be a high priority item. Without zoning regulations, there was no way to stop apartment buildings or red-dirt pits from springing up next door to an existing farmhouse.
People against the vote, at least at this time, said more time should have been devoted to public discussion. Some were against zoning restrictions of any type because they don’t like being told what they can do with their land. That is the very reason they chose to live outside city limits. Owners of acreage felt that the new regulations would negatively impact the value of their land. One citizen voiced concern that the regulations were intended to keep less affluent people from being able to buy a starter home in the area.
Regardless, guesswork about when and how the Quorum Court might act have ended. The regulations are now law.
The Bottom Line
Any proposed development that did not have preliminary approval by November 9 is subject to the new ordinance.
The ordinance establishes zoning areas within two miles of larger cities and within one mile of smaller towns. Development in those areas is limited to agricultural uses and single-family homes, which must be situated on at least one acre of land. The larger cities are Fayetteville, Springdale, Farmington, Prairie Grove, West Fork and Lincoln. The smaller cities are Elkins, Elm Springs, Goshen, Johnson, Greenland, and Tontitown.
No action was taken to establish zoning outside the one- and two-mile limits around existing cities.
Certain commercial corridors such as U.S. 412 and sections of U.S. 71, U.S. 62 and Arkansas 16 will be exempt from the ordinance. The exempted area will extend 300 feet from the centerline of the highway.
Only One Other Arkansas County Has Similar Rules
Crittendon County adopted a master use plan in 1974, but it was basically ignored for years until being used again in 2005, according to Crittendon County officials.
It is interesting to note that Benton County was unsuccessful in its efforts to pass zoning ordinances a couple of years ago.
Wiggle Room
The new ordinance also created a Zoning Board of Adjustment, which can approve conditional use permits if the development is deemed compatible with the surrounding area. The Board will require a written application and fee plus notification to neighboring property owners that a variance is under consideration. The Board will determine whether the proposed use is compatible with the area and whether or not it appears to be detrimental to the area or a danger to the public. The proposed use must also not interfere with surrounding property owner's enjoyment of their land.
Currently, a permit is not required to build a single-family home as long as it will be on at least one acre and no land splits are involved. The Quorum Court has a proposal under consideration that would require a permit in the future. The proposal will have its second reading in December and its third and final reading in January 2007.
For more information:
http://www.nwaonline.net/articles/2006/11/03/news/110306fzwshcoplanning.txt
http://www.nwaonline.net/articles/2006/11/10/news/111006wzfayzoning.txt
http://www.nwaonline.net/articles/2006/11/10/news/111106fzwashcoqc.txt
Saturday, October 28, 2006
Bentonville's New City Website is a Winner!
Bentonville is to be commended on their newly designed website. User friendly, it is a wonderful resource for builders, developers and real estate agents in the area, as well as for the general public. It has lots of “goodies” and could serve as an example for other towns in NW Arkansas.
In their GIS (Geographical Information Sytem), there are interactive maps for all uses, including a link to Benton County parcel and lot information as well as FEMA flood zones (present and proposed), zoning and land use information, traffic counts on major streets, and the master street plan. For builders and developers, the utility maps show water lines, sewer lines, storm drainage, and fire hydrants. There are also school district, cemetery, street construction, and census maps. One must download a plug-in to use these features, but once done, the information is all there.
The eGov-Online section has 3 sections: one for paying utilities on line and checking your utility usage, the second for builders who want to apply for a building permit or check the status of a current permit, and the third for developers and others who have applied or want to apply to the planning commission for development projects, rezoning, variances, or conditional use permits. All of the forms are there and downloadable, along with instructions, calendars, and other information needed to guide users through the process.
The site also has general information for residents of Bentonville on such topics as recycling, the compost facility, city government, tax information and the like. There are also links to other sites such as Ozark Regional Transit, Bella Vista Village, and the new Crystal Bridges art museum.
According to Bentonville officials, the new site was developed with users in mind. Many of the phone calls currently received by city officials and employees are from residents with questions that can now be answered 24/7 by information on the website.
Good job, Bentonville!
The website address of Bentonville’s new website is:
http://www.bentonvillear.com/
In their GIS (Geographical Information Sytem), there are interactive maps for all uses, including a link to Benton County parcel and lot information as well as FEMA flood zones (present and proposed), zoning and land use information, traffic counts on major streets, and the master street plan. For builders and developers, the utility maps show water lines, sewer lines, storm drainage, and fire hydrants. There are also school district, cemetery, street construction, and census maps. One must download a plug-in to use these features, but once done, the information is all there.
The eGov-Online section has 3 sections: one for paying utilities on line and checking your utility usage, the second for builders who want to apply for a building permit or check the status of a current permit, and the third for developers and others who have applied or want to apply to the planning commission for development projects, rezoning, variances, or conditional use permits. All of the forms are there and downloadable, along with instructions, calendars, and other information needed to guide users through the process.
The site also has general information for residents of Bentonville on such topics as recycling, the compost facility, city government, tax information and the like. There are also links to other sites such as Ozark Regional Transit, Bella Vista Village, and the new Crystal Bridges art museum.
According to Bentonville officials, the new site was developed with users in mind. Many of the phone calls currently received by city officials and employees are from residents with questions that can now be answered 24/7 by information on the website.
Good job, Bentonville!
The website address of Bentonville’s new website is:
http://www.bentonvillear.com/
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