ORD NO 39-2023 CITY OF VAN BUREN,ARKANSAS
ORDINANCE NO.�-2023
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,
ARKANSAS,AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE TO AMEND ORDINANCE NO. 07-1963 (AS AMENDED)
FORTHE PURPOSE OF DEFINING AND ADDING DOG KENNEL TO THE
PERMITTED AND CONDITIONAL USE LEGEND WITHIN THE CITY OF
VAN BUREN,ARKANSAS
WHEREAS, the City adopted Ordinance 07-1963 relating to the zoning laws of the city of Van
Buren, providing definitions, general provision; provisions governing zoning
districts, exceptions and modifications, enforcement, and a Board of Adjustment,
as allowed by A.C.A. 14-56-401 et. seq.; and
WHEREAS, it has been determined by the City Council that there is a need to add a definition
for Dog Kennel to the zoning ordinance and to add Dog Kennel to the permitted
and conditional use legend; and
WHEREAS, notice of a Public Hearing was duly published,and a Public Hearing was conducted
by the Van Buren Planning Commission on December 5, 2023, to consider these
proposed amendments; and
WHEREAS, the proposed changes herein were recommended by a majority vote of the entire
Planning Commission; and
NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY THE CITY
COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS, THAT:
SECTION 1: Article II of Ordinance No. 7-1963 is amended to add the following definition:
Dog Kennel. An establishment wherein any person engages in the business of
boarding, breeding, buying, grooming, and letting for hire, training for a fee, or
selling dogs.
SECTION 2: The Permitted and Conditional Use Legend is amended as set forth in attachment
"A"hereto.
SECTION 4: The various provisions and parts of this Ordinance are hereby declared to be
severable, and, if any section or part of a section, or any provision or part of a
provision herein,is declared to be unconstitutional,inappropriate,or invalid by any
court of competent jurisdiction, such holding shall not invalidate or affect the
remainder of this Ordinance and to that extent the provisions hereto are declared to
be severable.
ATTACHMENT "A" December 2023
Van Buren
Permitted and Conditional Use Legend
e-1 N
;
M i Lf1
X= Permitted Use .
m is m
m
C = Conditional Use (must be approved by W W aj ei £ L
planning commission) •� •� £ E ° w
rL
U U = O
Detached one family dwelling x x x X x
Manufactured Homes(See Section 3-B) x
Two family dwellings x X C
Multi-family dwellings x C
Churches C C C C x C C C C
Schools offering a general education course x x x X C C C C C
Library x x x C C C C C
General purpose farm,garden or nursery x x x C C C C C C x
Private club not conducted for profit x x x C C C C C C
Municipal recreation or water supply use x x x C C C C C C C
Accessory structures and uses pertinent to the principal structure x x x X X
and use
Parks,playgrounds,etc. C x x C x C C C C C x
Kindergartens(public or private),day care C x x C x C C C C C C
Hospitals,nursing homes,doctor and dental clinics,etc. C C C C x x x x x
Mobile home parks x
Mobile home park accessory and service buildings x
Retail establishments providing goods and services such as grocery, x x C C x
drug,hardware,variety stores and similar uses,and hotels,motor
hotels,restaurants
Office and bank buildings and uses x x C C x
Processing and manufacturing that by reason of operation are not x x x x x
a nuisance in respect to noise,odor,dust,vibration,etc.
Wholesaling and warehousing x x x x x
Bulk storage and non-combustible materials x x x x x
Automotive service,repair and storage,provided that wrecked or x x x x x
salvaged vehicles are stored inside a building or are enclosed by a
solid fence and not visible to the public from the street or sidewalk
The manufacturing,compounding,processing,packaging or C x x C
assembling of those products that will require the smaller sized,
cleaner and more quiet industries and will involve a minimum of
noise,dust,odor,or vibrations
The storage of bulk materials that will not endanger the health, C C x x C
safety and general welfare of the people
Retail uses that are accessory to the operation and other C C x x C
essentially similar uses such as animal hospitals,repair shops,
transportation terminals,wholesale outlets,farm machinery sales,
lumber yards,restaurants,and service stations
Single mobile homes on a lot where it may be advantageous to the x x
industrial development of the area provided said lot is at least 40
feet by 90 feet
RT ai N U
X= Permitted Use `;' ';' `3 ';' rq N
41
a, '�,� U U 0
C = Conditional Use (must be C W W r o
approved by planning Commission) ° E E
N N o
CAN W (A ..a h
� U U 2 O
The manufacture of heavy,raw products and those C x
operations that are generally objectionable to
residential business uses;including animal and poultry
slaughter,foundries,saw mills and junk yards
Public facilities and utilities x
Home based business C C C C C
On-site real estate sales office C C C C
Indoor Firing Range C C C
Single and two-family residences subject to restrictions x
Recreational Vehicle(RV)Parks C C C
Retail Pharmacy x x x x x
Homeless Shelter/Transitional dwelling C C C
Mini-Storage Facilities C x x
Commercial Communication Towers C C C C C C x x x
Hogs,Goats,Sheep,Cattle and Horses C C C C C C C C C
Recycling center C C C
Salvage business C C C
Dog Kennel C x x x C
0
ulty of Van Buren, Arkansas
Municipal
1003 Broadway • Van Buren, Arkansas 72956
VAN BUREN CITY COUNCIL MEMORANDUM
TO: MAYOR JOE HURST AND CITY COUNCIL
FROM: WALLY BAILEY,PLANNING DIRECTOR
SUBJECT: ZONING ORDINANCE AMENDMENT—DOG KENNELS
DATE: DECEMBER 8,2023
The recently approved Ordinance No. 35-2023, concerning the proper keeping and control of
dogs in the City includes a statement that dog kennels may be operated only within the zoning
districts permitted by the zoning code of the city. Currently,the zoning code does not include
dog kennels in its Permitted and Conditional Use Legend.
A public hearing was held by the Planning Commission at their December 5,2023,meeting. The
purpose of the hearing was to receive comments and discuss an amendment to the Zoning
Ordinance that adds the definition for Dog Kennel from the"dog"ordinance and to add the Dog
Kennel land use to the permitted and conditional use legend.
There were no public comments at the public hearing. Dog Kennel's will be a permitted use in
the C-2, I-1, and I-2 zoning districts and will require the Planning Commission to approve a
conditional use in the C-1 and H-1 zoning districts. The Planning Commission voted
unanimously to recommend the amendment to the City Council.
A copy of the Ordinance amending the zoning ordinance is attached with exhibit"A"which is
the revised permitted and conditional use legend. Dog Kennel is the last row of page two of the
legend.
Please let me know if you have any questions.
IN WITNESS WHEREOF,the Pity of Van Buren,Arkansas,by its City Council, did
pass, approve, and adopt,by a vote of for and a against,the foregoing Ordinance at its
regular meeting held on the l8t"day of December 2023.
G�erk Trews
��� 4'co
ce�
Jose P. Hurst
City of Van Buren Mayor
c� y
v
ATTESTED: d��raCounty�F��a�� APPROVED AS TO FORM:
Shawnna eynblds owell
City Clerk/Treasurer City Attorney
i
z
'*4
r
Ir)'
u) . to
1E�
t x,
t11/1111V{11tt