Fort Smith regulates home occupations through the Unified Development Ordinance (2011) under authority of the Arkansas Local Planning Act at A.C.A. Β§14-56-416. Home occupations are typically permitted as accessory uses in residential districts subject to limits on the floor area devoted to the business, exterior changes to the dwelling, non-resident employees, customer traffic, signage, outdoor storage, and noise. Arkansas has no statewide home occupation preemption statute, so the precise standards (often categorized as customary home occupations permitted by right and major home occupations requiring special use permit) are set entirely by the Fort Smith UDO. The Fort Smith Code on Municode is the controlling local source.
Arkansas law treats home occupations as a zoning matter under the Local Planning Act. A.C.A. Β§14-56-416 authorizes Fort Smith to regulate the use of buildings and to designate uses permitted by right, by special use permit, or by conditional use in each zoning district. The Fort Smith UDO typically permits a customary home occupation as an accessory use in residential districts subject to standards including: a percentage of floor area cap (commonly 25 to 30 percent of the dwelling) devoted to the business, no alteration of the residential character of the exterior, no non-resident employees or only one non-resident employee, limited customer traffic, no outdoor storage of materials, no noise audible at the property line beyond ordinary residential levels, and signage limited to a small non-illuminated identification sign. Major home occupations (e.g., medical practices, instructional studios with multiple students, or contractor offices with employees and equipment storage) typically require a special use permit from the Fort Smith Planning Commission with a noticed public hearing. The Planning Commission applies compatibility standards and may attach conditions including limits on hours, customer count, off-street parking, and screening. Home occupations must also comply with any City of Fort Smith business license obligations and any state professional licensing administered by the Arkansas Department of Labor and Licensing or relevant occupational board.
Operating a home occupation in violation of the Fort Smith UDO is enforced under A.C.A. Β§14-56-417 (zoning enforcement) through notice of violation, cease-and-desist orders, and civil action in Sebastian County Circuit Court. Fort Smith Development Services typically issues a warning followed by escalating fines and may seek injunctive relief. Persistent violations of a special use permit's conditions may result in revocation by the Planning Commission after notice and hearing. Operating an unlicensed home business may additionally violate Fort Smith business license requirements.
Fort Smith, AR
Swimming pools in Fort Smith must comply with the 2021 International Residential Code (Appendix G) and the Arkansas Pool Safety Act (A.C.A. 20-26-301 et seq....
Fort Smith, AR
Fort Smith's Chapter 27 UDO lists allowed residential fence materials (wood, metal tubing, wrought iron, stone, masonry, chain link, and listed vinyl/composi...
Fort Smith, AR
Fort Smith's Chapter 27 UDO does not require neighbor consent to build a fence; the owner only needs to stay on their own property and meet the city's height...
Fort Smith, AR
Fort Smith requires a building permit for any fence taller than 6 feet, issued by the Building Safety Division at 623 Garrison Avenue. Shorter fences must st...
Fort Smith, AR
Fort Smith's Unified Development Ordinance (Chapter 27, including Article 27-700 General Standards and Article 27-400 Zoning Districts) generally caps reside...
Fort Smith, AR
Fort Smith's Code of Ordinances does not impose a single fixed numerical cap on household dogs and cats, but Section 4-108 (effective July 17, 2023) requires...
See how Fort Smith's zoning restrictions rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.