ORD NO 25-1997 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. 5 -1997
AN ORDINANCE TO AMEND ORDINANCE NO. 7 -1963 TO PROVIDE FOR TILE
APPROVAL OF CONDITIONAL USES.
WHEREAS: The City of Van Buren desires to amend its zoning ordinance in
order to provide for regulations for the granting of conditional uses
within established zones.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF VAN BUREN, ARKANSAS:
SECTION 1: That Article II shall be amended to insert a definition of
"conditional use Said definition shall be designated as #5 and the
following definitions shall be renumbered appropriately. Said
definition shall read as follows:
"5. Conditional use. A use that is not automatically
permitted in a zoning district but which, after complying
with special conditions and procedures set by the Planning
Commission, may be authorized."
SECTION 2: That Article IV, Section 1, shall be amended to read as follows:
"1 Jse of Buildings and Land. No building or land shall
hereafter be used and no buildings or parts thereof shall be
erected, moved, or altered unless for a use expressly
permitted in the district in which it is located, unless said
building or land shall have been awarded a conditional use
permit."
SECTION 3: That Article V, Section 1 (R -1 Family Residential District), Sub-
section 1 (Permitted Uses) shall be amended to add new permitted
use (i) which shall read as follows:
"i. A conditional use authorized under the Van Buren
Permitted and Conditional Use Legend and approved by
the Planning Commission."
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SECTION 4: That Article V, Section 2 (R -2 Family Residential district), Sub-
section 1 (Permitted Uses) shall be amended to add new permitted
use (1) which shall read as follows:
"i. A conditional use authorized under the Van Buren
Permitted and Conditional Use Legend laid approved by
the Planning Commission."
SECTION 5: That Article V, Section 3 (R -3 Multi Family Residential District),
Sub section 1 (Permitted Uses) shall be amended to add new
permitted use (j) which shall read as follows:
1. A conditional use authorized under the Van Buren
Permitted and Conditional Use Legend and approved by
the Planning Commission."
SECTION 6: That Article V, Section 3A (R -4 Mobile Home District), Sub-
section B (Permitted Uses) shall be amended to add new permitted
use (3) which shall read as follows:
"3. A conditional use authorized under the Van Buren
Permitted and Conditional Use Legend and approved by
the Planning Commission."
SECTION 7: That Article V, Section 3B (Restriction on Exterior Signs in All
Residential Districts), Sub section 1 (General Restriction), shall be
amended to read as follows:
"Unless approved and authorized by the Planning
Commission as a part of a conditional use permit, no
exterior sign, billboard, advertisement or other graphic
display of any type, whether free standing, affixed to a
structure or painted on a structure, shall be permitted in any
residential zone now existing or later created, except as
provided in the following subsection."
SECTION 8: That Article V, Section 4 (C -1 Central Commercial District), Sub-
section 1 (Permitted Uses) shall be amended to add new permitted
use (g) which shall read as follows:
"g. A conditional use authorized under the Van Buren
Permitted and Conditional Use Legend and approved by
the Planning Commission."
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SECTION 9: That Article V, Section 5 (C -2 Thoroughfare Commercial District),
Sub section 1 (Permitted Uses) shall be amended to add new
permitted use (e) which shall read as follows:
"e. A conditional use authorized under the Van Buren
Permitted and Conditional Use Legend and approved by
the Planning Commission."
SECTION 10: That Article V, Section 6 (I -I Light Industrial District), Sub section
1 (Permitted Uses) shall be amended to add new permitted use (e)
which shall read as follows:
"e. A conditional use authorized under the Van Buren
Permitted and Conditional Use Legend and approved by
the Planning Commission."
SECTION 11: That Article V, Section 7 (1 -2 Heavy Industrial District), Sub-
section 1 (Permitted Uses) shall be amended to add new permitted
use (c) which shall read as follows:
"c. A conditional use authorized under the Van Buren
Permitted and Conditional Use Legend and approved by the
Planning Commission."
SECTION 12: That Article V, Section 9 (Open Zone 0-1), Sub section B
(Permitted Uses) shall be amended to add new permitted use (7)
which shall read as follows:
"7. A conditional use authorized under the Van Buren
Permitted and Conditional Use Legend and approved by the
Planning Commission."
SECTION 13: That Article VI (Exceptions and Modifications) shall be amended to
add Section 4 which shall read as follows:
"Section 4. Conditional Uses.
(a) Purpose and Intent.
This regulation is established to set standards used in
reviewing and approving conditional uses and
procedures for processing them. Certain uses are
considered as conditional because of the potential
harmful effects the use can cause to nearby property
and because the requirements needed to eliminate
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those harmful effects vary from site to site. Thus,
the Planning Commission, in considering each
conditional use request, will review the overall
compatibility of the planned use with surrounding
property as well as such specific items as screening,
parking and landscaping to make sure that no
harmful effects occur to nearby property.
(b) Application Procedure.
The application for a conditional use permit shall be
made to the Building Inspector by the property
owner or any agent of the property owner. The
application shall include a 8 '/2 x 12 inch Site Plan
for proposed development. The fee for processing a
conditional use application shall be $100.00.
(c) Application and Processing Requirements.
(1) The Planning Commission shall hold a public
hearing on all requests for conditional uses. The
public hearing will be held at a regular meeting of
the Commission. The complete application,
including all supportive information, must be
received by the Building Inspector at least 20 days
before the date of the public hearing.
(2) Attached to the conditional use application shall
be a separate page containing the following
information:
(A) A description of the present land use.
(B) A description of the proposed uses
indicating hours of operation, number of
employees, etc.
(C) A description of the measures to be
taken to insure compatibility of the proposed
use with surrounding neighborhood (e.g.
building design, landscaping, fence and site
improvements
(D) A description of the possible adverse
impacts such as noise, smoke, fumes, traff
vibrations or other hazards and a description
of how these conditions will be minimized.
(E) The Building Inspector and Planning
Commission reserve the right to require
additional information which would enable
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the Commission to determine the
appropriateness of the use for which
application has been made.
(d) Planning Commission Action.
(1) The Planning Commission shall consider
conditional use applications at the Commission's
regular monthly meeting and hold the required
public hearing on a conditional use application at
that time. After the public hearing, the Commission
will take one (1) of the following actions:
(A) Approve the application as submitted.
(B) Approve the application with
modification.
(C) Defer the application to a later meeting.
(D) Table the application.
(E) Deny the application.
(2) The Planning Commission may impose
conditions and restrictions upon the property under
consideration with the intent of minimizing the
impact of the conditional use upon nearby property.
(3) The Planning Commission should not reduce
requirements associated with a conditional use
concerning the minimum requirements of this
ordinance for the zone in which the use occurs
unless unusual circumstances or hardships exist.
(e) Development Standards and Review Guidelines.
The following development standards and design
specifications shall be the basis for approval of a
conditional use:
(1) The design, location and operating plans shall be
such that the safety of the public is protected.
(2) The proposed land use will not adversely affect
nearby property.
(3) The size and shape of the site and the size, shape
and arrangement of structures meet the minimum
requirements of this ordinance.
(4) The entrances and exits, internal street system,
off street parking, loading facilities and pedestrian
walks are adequate for the purpose proposed.
(5) Nearby property shall be protected from excess
fumes, lighting, noise, glare, dust and odor.
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(6) Necessary landscaping and screening required to
meet the intent of this ordinance shall be provided.
(7) Open space shall be maintained by the owner.
(8) Signage will not be obtrusive or distracting so as
to distract from the character of the neighborhood
or be a nuisance to those living or working therein.
(f) Minimum Site Plan Information.
The required site plan shall be drawn to scale and
shall, at a minimum, contain the following
information:
(1) The land to be included in the proposed use
along with a written legal description of the land.
(2) The zoning classification of all adjacent land
within three hundred (300) feet.
(3) The location and dimensions of all public rights
of -way on or abutting the planned area.
(4) Existing and proposed finished grades of the site.
(5) Existing and proposed vehicular and pedestrian
circulation systems,- including streets, alleys,
walkways, service areas and loading area, location
and arrangement of off street parking areas and all
points of vehicular entrance and exit.
(6) A description of outdoor surfacing and paving
for all parking and loading areas.
(7) A proposed perimeter treatment of the property,
with indication of screening materials to be used,
including fences, walls and plants together with a
description of uses, setbacks and the relationship to
surrounding area.
(8) A schematic landscape plan showing proposed
treatment of the areas designated as either buffers or
open space.
(9) The location and dimensions of all existing and
proposed easements and public improvements within
the site.
(10) The location of all structures and structural
dimensions, dimension distances between buildings,
and distances from structures to property lines.
(11) The location and description of all signs,
including ;those flat on building facades.
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(12) The indication of proposed use of all structures
along with height, floor areas, entrances and loading
areas.
(13) The proposed location and description of
facilities for garbage and waste disposal and pick -up.
(g) Conditions.
(1) All conditions required for a conditional use
must be met before any part of the use can be
utilized. If any condition is not met, the conditional
use authorization may be revoked by the City.
(2) All conditions required for a conditional use
must begin to be met within one (1) year of the
authorization unless a special time limit has been
imposed by the Planning Commission. An extension
of time beyond one (1) year or that imposed by the
Commission may be granted by the Building
Inspector one (1) tinie for up to ninety (90) days.
(3) No variances may be granted to a conditional use
authorization except that the Building Inspector may
grant minor changes to the conditions imposed as
long as those changes conform to the intent of the
Planning Commission. No building permit shall be
issued for a conditional use unless the provisions of
this ordinance have been met.
(h) Termination of Permit.
(1) In the event a condition imposed by the
Commission or building inspector for the conditional
use of a property or structure is suspended,
abandoned or changed after the initial granting of
the conditional use permit, the conditional use
permit shall be considered void and the use of the
property or structure shall be immediately suspended
until such time as the required condition is again
restored and the owner or operator of the property
or structure is once again in compliance with the
permit.
(2) In the event the use of a property or structure
subject to the conditional use permit is changed to a
use not permitted by the certificate, then the
conditional use permit shall be considered void and
the new use of the property or structure shall be
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immediately suspended until such time as a new
conditional use permit may be authorized
(i) Inspection.
In order to determine if the conditions for use, and
the use, of the building or land are in compliance
with an approved conditional use permit, the
Building Inspector, or his designated representative
may inspect any building or land that has a
conditional use permit, at any time during normal
business hours. Each building and land for which a
conditional use permit has been approved shall be
inspected at least annually by the Building Inspector,
or his designated representative, to determine
compliance.
(j) Appeal.
The final decision of the Planning Commission
concerning a conditional use may be appealed to the
Van Buren City Council.
SECTION 14: The Van Buren Permitted and Conditional Use Legend, which is
attached hereto, shall be considered a part of this Ordinance as if
set out herein word or word.
SECTION 15: If any portion or provision of this Ordinance or the application
thereof to any person or circumstance is held invalid, such invalidity
shall not affect other portions, provisions or applications of this
Ordinance which can be given effect without the invalid portion,
provision or application, and to this end the various portions and
provisions of this Ordinance are declared severable.
PASSED AND APPROVED THIS ti DAY OF (7t e 2 1997.
MAYOR
ATTESTED:
CITY CLE�K/TREASURER
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City of Van Buren
Permitted and Conditional
Use Legend
r N M a r N
r r y
R lR A Tv 73 v- N
r
X= Permitted Use c c c c 10 0
d d •C G c
C Conditional Use (must be approved by planning 'O la E E w w o tai
commission) y y y y o o V N o o.
C EL CC d U U c c r O O
Detached one family dwelling X X X X
Two family dwellings X X C
Multi -family dwelling X C
Churches X X X
Schools otTering a general education course X X X CC C C
Library X X X C C C C
General purpose farm, garden or nurser' X X X C C C C C X
Private club not conducted
for profit. X X X C C C C C
Municipal recreation or water
supply use. X X X C C C C C C
Accessoy structures and uses pertinent to the principal structure and
use X X X X
Parks, playgrounds, etc. C X X C C C C C X
Kindergartens (public or private) C X X C C C C C C
Hospitals, nursing homes, doctor
and dental clinics, etc. X X C C C C C
Mobile Home Parks X
Mobile Home Park Accessory and Service Buildings X
Retail establishments providing goods and services
such as grocery, drug, hardware, variety stores and
similar uses, and hotels, motor hotels, restaurants. X X C C
Office and bank buildings and uses X X C C
Processing and manufacturing that by reason of
operation are not a nuisance in respect to noise,
odor, dust, vibration, etc. X C C C
Wholesaling and warehousing X C C C
Bulk storage on non combustible materials X C C C
Automotive sen'ice, repair and storage, provided
that wrecked or 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 X X C C
Motels, tourist Courts C X C C
The manufacturing, compounding, processing, packaging
or assembling of those products that will require the
smaller sized, cleaner and more quite industries and will
invoke a minimum of noise, dust, odor, or vibrations. C X X
The storage of hulk materials that will not endanger
the health, safely and general welfare of the people CC X X
Retail uses that are accessory to the operation and other
essentially similar uses such as animal hospitals, repair
shops, transportation terminals, wholesale outlets, farm
machines' sales, lumber yards, restaurants, and sen'iee
stations CC X X
Single mobile homes on a lot where it may be
advantageous to the industrial development of the area
provided said lot is at least 40 feet by 90 feet X X
0
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City of Van Buren
Permitted and Conditional
Use Legend
r N M V r N
sr
s T To A R r N N
X= Permitted Use c c c c (2 `U' m to u E
0 0 c c
c= Conditional Use (must be approved by planning commission) �0 0 0 0 e N w L O N C
d d d d O 0 'O V H O 0.
a a a a U O c 5 S 0 O
The manufacture of heavy, raw products and those
operations that are generally objectionable to
residential and business uses; including animal and
poultry slaughter, foundries, saw mills and junk yards. C X
Public Facilities and utilities X
HOME BASED BUSINESS C C C C C
10-20 -97