14 ZONING (2) S-21
TITLE 14
ZONING
Chapters:
14.04 Zoning Ordinance Adopted by Reference
14.08 Flood Damage Prevention
14.12 Amendments to Zoning Ordinance
14.16 Annexing,Vacating and Re-Zoning Property
CHAPTER 14.04
ZONING ORDINANCE ADOPTED BY REFERENCE
Sections:
14.04.01 Zoning ordinance adopted by reference
14.04.01 Zoning ordinance adopted by reference The city hereby approves and adopts by
reference zoning Ord.No. 63-7 and subsequent amendments, after public hearing duly held
thereof,following notice of such hearing as required by law, said ordinance consisting of the text
and zoning district map, of which ordinance not less than three(3) copies have been and now are
filed in the office of the Clerk/Treasurer and from the date on which the ordinance shall take
effect the provisions thereof shall be controlling within the limits of said city.
CHAPTER 14.08
FLOOD DAMAGE PREVENTION
Sections:
14.08.01 Adopted by reference
14.08.02 Abrogation and greater restrictions
14.0 8.03 Interpretation
14.08.04 Warning and disclaimer of liability
14.08.05 Compliance
14.08.06 Penalty for non-compliance
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14.08.01 Adopted by reference The Federal Emergency Management Agency(FEMA)
has identified Special Flood Hazard Areas of Van Buren in the current scientific and engineering
report entitled"The Flood Insurance Study(FIS)for Crawford County. Arkansas." dated
December 3, 2010,with effective Flood Insurance Rate Maps(FIRM) dated March 16,2009 and
December 3, 2010. The code shall include:
Article 1 Definitions
Article 2 Administration
Article 3 Provisions for Flood Hazard Reduction
A copy of the referenced code shall be filed in the office of the City Clerk and shall be
available for inspection and copying by any person during normal office hours. (Ord.No. 2010-
16, Sec. 5.)
14.08.02 Abrogation and greater restrictions This ordinance does not repeal, abrogate,
or impair any existing easements, covenants, or deed restrictions. Whenever there is a conflict of
overlap between this ordinance and another ordinance, easement, covenant, or deed restriction,
the instrument with the more stringent restrictions applies. (Ord.No. 2009-1, Sec. 6.)
14.08.03 Interpretation In the interpretation and application of this ordinance, all
provisions must:
A. Be considered as minimum requirements;
B. Be liberally construed in favor of the governing body; and
C. Be deemed to neither limit nor repeal any other powers granted under state
statutes. (Ord.No.2009-1, Sec. 7.)
14.08.04 Warning and disclaimer of liability The degree of flood protection required by
this ordinance is considered reasonable for regulatory purposes. Documented scientific and
engineering data form the basis for these requirements. On rare occasions,flooding events
greater than those considered for this ordinance will occur. In addition, flood heights may
increase over time due to man-made or natural causes. This ordinance does not imply that land
outside Special Flood Hazard Areas will be free from flooding,nor that strict adherence to this
ordinance protects uses permitted within Speciaf Flood Hazard Areas from all flood damages.
This ordinance specifically does not create liability on the part of the community,nor any official
or employee of the community, for any flood damages that result while strictly following this
ordinance, or from any lawful administrative decision made under the provisions of this
ordinance. (Ord.No. 2009-1, Sec. 8.)
14.08.05 Compliance Constructing,locating, substantially altering or changing the use
of any structure or land after the effective date of this ordinance requires full compliance with the
provisions of this ordinance and all other applicable regulations. (Ord.No. 2009-1, Sec. 9.)
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14.08.06 Penalty for non-compliance Flood hazards are reduced by compliance with the
provisions of this code. Accordingly, enforcement of this ordinance discourages non-compliance
and is a recognized mechanism for flood hazard reduction.
A. The Floodplain Administrator must enforce the provisions of this ordinance and is
authorized to
1. Issue cease and desist orders on non-compliant floodplain development
projects;
2. Issue citations for non-compliance;
3. Request that FEMA file a 1316 Action(Denial of Flood Insurance) against
non-compliant properties; and
4. Take any other lawful action necessary to prevent or remedy any instance
of non-compliance with the provisions of this ordinance.
B. It is a misdemeanor to violate or fail to comply with any provision of this
ordinance.
C. Any person found,in a court of competent jurisdiction, guilty of violating this
ordinance is subject to fines of not more than Five Hundred Dollars ($500.00)per
day for each violation. In addition,the defendant is subject to payment of all
associated court costs and costs involved in the case. (Ord.No. 2009-1, Sec. 10.)
CHAPTER 14.12
AMENDMENTS TO ZONING ORDINANCE
Sections:
14.12.01 Amendments to zoning ordinance
14.12.01 Amendments to zoning ordinance
Ord.No. 97-25
That Article H shall be amended in inset 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." (Sec. 1)
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That Article IV, Section 1, shall be amended to read as follows: "Use 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 is it
located,unless said building or land shall have been awarded a conditional use permit."(Sec. 2)
Article IV, Section 2, paragraph 4 of Ordinance No. 7-1963 is amended to read as
follows:
4. A structure occupied by a non-conforming use or any non-conforming structure
that is destroyed or damaged of the extent that the cost of repair is more than fifty
(50) percent of its replacement value as determined by the County Assessor
shall not be replaced unless all the following conditions are met:
1. A conditional use application is presented to the planning commission.
2. The conditional use is approved by the planning commission.
3. Construction is substantially completed and is continuing to progress
toward completion within one year from the date of the loss.
4. The structure shall be adapted for the same use as the previous structure.
5. The structure as built shall not exceed the bulk and area characteristics of
the previous structure.
(Ord. No. 2021-16, Sec. 1)
That Article V, Section 1 (R-1 Family Residential District), Subsection 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." (Sec. 3)
Ord. No. 94-4
That Article V, Section 1, Sub-Section 3(b) of Ord. No. 7-63, the Van Buren Zoning
Regulations, shall be amended to read as follows: `B. Side Yard: Minimum of 7 feet, 6 inches
from each property line. EXCEPTION: Open attached carport may be constructed to within five
feet of one side yard boundary." (Sec. 1.)
Ord. No.97-25
That Article V, Section 2 (R-2 Family Residential district), Subsection 1 (Permitted Uses)
shall be amended to add new permitted use (i) which shall read as follows:'T A conditional use
authorized under the Van Buren Permitted and Conditional Use Legend and approved by the
Planning Commission." (Sec. 4.)
Ord. No.97-11
That Ord. No. 7-63, Article V, Section 2, Sub-section 3 is amended to add sub-paragraph
(d) to read as follows: "d. Side Yard Street: Minimum of 15 feet from street property line or 35
feet from center line of existing right-of-way, whichever is greater."(Sec. 1.)
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Ord.No. 63-7
That Ord. No. 7-63, Article V, Section 3, sub-section 3, Sub-paragraph (c) is amended to
read as follows:
"c. Side Yard Street:
(1) One and Two family dwellings: Minimum of 15 feet from street property line
or 35 feet from center line of existing right-of-way,whichever is greater.
(2) Multi-family dwellings: Minimum of 20 feet from street property line or 40
feet from center line of existing right-of-way, whichever is greater." (Ord.No. 11-
97, Sec. 1.)
Ord.No. 97-25
That Article V, Section 3 (R-3 Multi-Family Residential District), Sub-section 1
(Permitted Uses) shall be amended to add new permitted use 0)which shall read as follows:
"j. A conditional use authorized under the Van Buren Permitted and Conditional Use Legend
and approved by the Planning Commission." ( Sec. 5.)
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4. The structure shall be adapted for the same use as the previous structure.
5. The structure as built shall not exceed the bulk and area characteristics of
the previous structure.
That Article V, Section 1 (R-1 Family Residential District), Subsection 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." (Sec. 3)
Ord.No. 15-2022
Article V, Section 1 (R-1 Family Residential District), paragraph 3(a) of Ordinance No.
7-1963 (as amended) is hereby amended to read as follows:
a. Front Yard: 25 feet from property line or 50 feet from center line of existing right-
of-way, whichever is greater. All residential lots on a cul-de-sac street that have
frontage on the radius of the cul-de-sac are permitted to have a front yard setback
of 20 feet.
Ord.No. 15-2022
Article V, Section 2 (R-2 Family Residential District), paragraph 3(a) is hereby amended
to read as follows:
a. Front Yard: 25 feet from property line or 50 feet from center line of existing right-
of-way, whichever is greater. All residential lots on a cul-de-sac are permitted to
have a front yard setback of 20 feet.
Ord.No. 94-4
That Article V, Section 1, Sub-Section 3(b) of Ord. No. 7-63, the Van Buren Zoning
Regulations, shall be amended to read as follows: `B. Side Yard: Minimum of 7 feet, 6 inches
from each property line. EXCEPTION: Open attached carport may be constructed to within five
feet of one side yard boundary." (Sec. 1.)
Ord.No. 97-25
That Article V, Section 2 (R-2 Family Residential district), Subsection 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." (Sec. 4.)
Ord.No. 97-11
Article V, Section 2, Sub-section 3 is amended to add sub-paragraph (d) to read as
follows: "d. Side Yard Street: Minimum of 15 feet from street property line or 35 feet from
center line of existing right-of-way, whichever is greater."(Sec..1.)
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Ord.No. 63-7
That Ord. No. 7-63, Article V, Section 3, sub-section 3, Sub-paragraph (c) is amended to
read as follows:
"c. Side Yard Street:
(1) One and Two family dwellings: Minimum of 15 feet from street properly line
or 35 feet from center line of existing right-of-way,whichever is greater.
(2) Multi-family dwellings: Minimum of 20 feet from street property line or 40
feet from center line of existing right-of-way,whichever is greater." (Ord.No. 11-
97, Sec. 1.)
Ord.No. 15-2022
Article V, Section 3B (R-5 Single Family Residential District), paragraph 3(a) is hereby
amended to read as follows:
a. Front Yard: 25 feet from property line or 50 feet from center line of existing right-
of-way, whichever is greater. All residential lots on a cul-de-sac street that have
frontage on the radius of the cul-de-sac are permitted to have a front yard setback
of 20 feet.
Ord.No. 97-25
That Article V, Section 3 (R-3 Multi-Family Residential District), Sub-section 1
(Permitted Uses) shall be amended to add new permitted use 0)which shall read as follows:
"j. A conditional use authorized under the Van Buren Permitted and Conditional Use Legend
and approved by the Planning Commission." (Sec. 5.)
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: "I A conditional
use authorized under the Van Buren Permitted and Conditional Use Legend and approved by the
Planning Commission."(Sec. 6.)
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."(Sec. 7.)
Ord.No. 23-2022
Article V, Section 5 (C-2 Thoroughfare Commercial District), is hereby amended to add
the following paragraph:
7. .Salvage items and open display.
g P P Y
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Attachment
"A") May 2022
Van Buren
Permitted and Conditional
ri N trf d' 'i N t
X=Permitted Use 3s
ri N y
to fQ to f0 10 to r
C= Conditional Use(must be approved by m a) d W d `m ,C1
.a E E a '"
planning commission) E E
.o c
a y a
lz ae Cctz v° c°� �. = p
Detached one famllydwelling ! X I X X X x
Manufactured Homes(see section 3-B) X
Two family dwellings X X C
Multi-famllydwellings X C
Churches C C C C X C PC
C C
schools offering a general education course X ( X X• X C C C C
Library X I X X C C C CGeneral purpose farm,garden or nursery x X X C C C C CPrivate club not conducted for profit X X X C C C C C
Municlpal 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 orprlvate),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 }(
Mobile home park accessory and service buildings I 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 use's 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
Bulkstarageand non-combustible materlals' 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 vlbrations
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,fans 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 _.
O
December 2020
Van Buren
Permitted and Conditional
Land Use Legend
X=Pemutted Use
y
C= Conditional Use (must be approved by a=i a=i 0 4111
planning commission) a d m 'i y E E ate,
it W o: W $' 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 t 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
Q 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 90feet
ty M XT ,� t� N t;
X=Permitted Use .-+ N ;.
ni t9 R ra A IE 1 t to �
i+ ++ C = �+ •i -� 'a Rt C a
C= Conditional Use (must be m C E y
approved by planning commission) ° ° •in In ° E E o a o
In d to ar ai o o
CI: u u 5 5 x
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 I X
Home based business C C C C C
an-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 )(
Homeless Shelter/transitional dwelling I C C C
Mini-Storage Facilities C 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 E C C
Recycling center c C C
Salvage business C C C J
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(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 circumstance 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.
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10. The location of all structures and structural dimensions, dimension
distances between buildings, and distances fiom structures to
property lines.
11. The location and description of all signs, including those flat on
building facades.
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)time 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 conditions
is again restored and the owner or operator of the property or
structure is once again in compliance with the permit.
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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 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.
(Ord.No. Sec. 13.)
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. (Sec. 14.)
Ord.No. 96-12-A
That Article VIII, of Ord.No. 63-7 shall be amended by adding new Section 7 to read as
follows:
Section 7. Administrative Procedure
In addition to the procedures set out above, when existing conditions are
discovered to be in violation of the zoning regulations, an administrative review
and approval may be requested. Existing conditions as used in this section shall
include but not be limited to: existing lots,minimum lot width, lot area,yard
requirements,height requirements, and use violations. Regarding requested
variances for structures, only those structures existing prior to January 1, 1983,
shall be eligible for this administrative procedure. The review and approval shall
be based on the following guidelines:
1. Requests shall be submitted to and reviewed by the Building/Zoning
Official.
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(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 circumstance 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.
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.
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(f) Minimum Site Plan Information
The required site plan shall be drawn to scale and shall, at a minimum,
contain the following information: 10
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.
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.
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authority of 42 U.S.C. 5410 et seq. as it existed on January 1, 1976. (Sec. 2.)
That paragraph 5 of Article II of Ord.No. 7-63 is amended to read as follows:
Dwelling A unit intended to be occupied as a housekeeping unit other than a
manufactured home. (Sec. 3.)
That Section 1 of Article III of Ord.No. 7-63 is amended to read as follows:
SECTION I. Classification of Districts For the purpose of this ordinance,Van Buren,
Arkansas,has eleven(11)zoning districts designated as follows:
R-1 Single Family Residential District
R-2 Two-Family Residential District
R-3 Multi-Family Residential District
R-4 Mobile Home District
R-5 Single Family and Manufactured Home Residential District
C-1 Central Commercial District
C-2 Thoroughfare Commercial District
I-1 Light Industrial District
I-2 Heavy Industrial District
G-1 Government and Public Use Zone
0-1 Open Area Zone
(Ord.No. 9-03, Sec. 4.)
That Part B of Section 3A of Article V of Ordinance No. 7-63 is amended to add
"Manufactured Homes" to the list of permitted uses. (Sec. 5.)
That Number 2 of Part B of subsection 3-A of Section 3A of Article V of Ord.No. 7-63
is amended to read as follows:
Mobile home A dwelling unit constructed in a factory before the enactment of the
Federal Manufactured Home Construction and Safety Standards promulgated by the United
States Department of Housing and Urban Development under the authority of 42 U.S.C. 5410 et
seq. as it existed on January 1, 1976. (Ord.No. Sec. 5.)
That Article V of Ord.No. 7-63 is amended to add the following provision after Section
3-A:
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R-5 SINGLE-FAMILY RESIDENTIAL DISTRICT
1. Permitted Uses
a. One-family dwellings
b. Manufactured homes that are permanently installed on a lot in a
manner which is in compliance with current United States
Department of Housing and Urban Development guidelines for
Manufactured Home foundations
C. Churches
d. Park,Playgrounds, etc.
e. School offering a general education course
f. Kindergartens(public or private)
g. Hospital,nursing homes, doctors and dental clinics
h. Accessory structures and use pertinent to the principal structure
and use.
2. Lot Area
Minimum 7,000 square feet for first unit.
3. Yard Requirements
a. Front Yard: 25 feet from property line or 50 feet from center line
of existing right-of-way,whichever is greater.
b. Side Yard: Minimum 7 V2 feet from each property line.
EXCEPTION: One open attached carport may be constructed to
within five feet of one side yard boundary.
C. Side Yard Street: Fifteen feet from street property line or 35 feet
from center line of existing right-of-way,whichever is the greater.
d. Rear yard: 20 feet from property line or center of alley,whichever
is greater.
4. Width
Minimum width of a lot at the front yard line or building line shall be 60
feet for one-family dwelling.
5. Height
Maximum height of a structure shall be two stories and not to exceed 35
feet.
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6. On-Lot Parking Space
One on-lot parking space shall be provided for each family unit.
7. Places of Public Assembly
a. Hecht
Maximum height shall be two stories and not to exceed 35 feet fro
that portion of the structure used for assembly or office.
b. Yard Requirements
Minimum of 25 feet from all property lines. On property abutting
a street,25 feet from property line or 50 feet from center of street,
whichever is greater.
C. On-Lot Parking
Places of assembly shall provide one on-lot parking space per each
six persons accommodated in the assembly hall. (Sec. 6.)
That Section 3-B of Article V of Ord.No. 7-63 is hereby repealed. (Ord. Sec. 7)
�J Ord.No.2007-11
Article III, Section 1 of Ord.No. 63-7 is amended as follows:
Section I. Classification of Districts For the purpose of this ordinance,Van Buren,
Arkansas,has twelve(12)zoning districts designated as follows:
R-1- Single Family Residential District
R-lB Townhouse/Zero Lot Line Residential District
R-2 Two-Family Residential District
R-3 Multi-Family Residential District
R-4 Mobile Home District(Ord.No. 72-5)
R-5 Single Family and Manufactured Home Residential District(Ord.No.2003-9)
C-1 Central Commercial District
C-2 Thoroughfare Commercial District
I-1 Light Industrial District
I-2 Heavy Industrial District
G-1 Government and Public Use Zone(Ord.No. 74-13)
0-1 Open Area Zone (Ord.No. 75-12)
(Sec. 1.)
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That Article V of Ord.No. 63-7 shall be amended to add Section 1-B which new section
shall read as follows:
Section 1-B R 1B Townhouse/Zero Lot Line Residential District The provisions of
this zoning classification shall be the same as the provisions governing Section 1,R-1 Zones,
with the following exceptions and/or additional requirements:
1. Permitted Uses: Townhouses and zero lot line dwellings
2. Definitions:
a. Zero lot line: Single family residences which have a zero lot line lot
configuration.
b. Townhouse: Single family residences which have either a townhouse
design or a condominium ownership regime.
3. Minimum Lot Area: 2,200 square feet for townhouses and 5,000 square feet for
zero lot line dwellings. The total building coverage shall not exceed sixty percent
(60%) of the lot area.
4. Minimum Lot Width: Minimum width of 22 feet for townhouses and 50 feet for
zero lot line dwellings.
5. Yard Requirements:
a. Front yard_ 20 feet from property line or 45 feet from centerline of
existing right-of-way;whichever is greater.
b. Sideyard: On zero lot lines lots,there shall be a 7.5 foot minimum
setback and at least 15 feet between adjacent buildings. Comer lots shall
have a 15 feet minimum setback. None for townhouses except that on
coiner lots the minimum side yard shall be 20 feet. When an end unit of a
townhouse does not side on a street, an open space of at least 20 feet in
width shall be provided between any adjacent structure.
C. Rear yard: 20 feet for townhouse and zero lot line houses. However,
spaces may be used for open carports.
6. Off Street Parkin: A minimum of two parking spaces per dwelling unit.
7. Dwelling Units: A minimum of 3 and a maximum of 8 living units shall be
permitted in each row of townhouses.
8. Additional Conditions:
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a. Public services and facilities are adequate to serve the zero lot line or
townhouse development;
b. Health, safety, and welfare will not be jeopardized as a result of the
proposed development;
C. Any and all specific conditions deemed necessary by the Planning
Commission to fulfill the above-mentioned conditions shall be met by the
applicant.
d. Common wall/lot guidelines:
i Zero lot line—the wall of the dwelling located on the zero lot line
shall have no windows, doors, air-conditioning units, or any other
type of openings;provided,however,that, atriums or courts shall
be permitted on the zero lot line side when the court or atrium is
enclosed by three(3)wall of the dwelling unit and a solid wall of
at least eight(8) feet in height is provided on the zero lot line. Said
wall shall be constructed of the same material as exterior walls of
the unit. In no case shall a zero lot line dwelling be built closer
than eight(8)feet from the lot line of a lot not approved for zero
lot line development.
ii Townhouse—Units shall be constructed up to common side lot
lines without side yards, and no windows, doors, or other openings
shall face a side lot line except that the outside wall of end units
may contain such openings. However,where a two-story
townhouse adjoins a single-story townhouse,windows may be
installed in the second-story wall of the two-story townhouse.
e. Drainage: A five(5) foot wall maintenance/improvement/drainage
easement shall be provided on the lot adjacent to the zero lot line property,
which,with the exception of walls and fences, shall be kept clear of
structures. The easement shall be shown on the final plat. Roof
overhangs may penetrate the easement on the adjacent lot a maximum of
twenty-four(24) inches,but he roof shall be so designed that water runoff
from the dwelling placed on the lot line is contained within the easement
area. Roofs pitched in the direction of the zero lot line shall be guttered.
f. Fire wall specifications: The dwelling wall abutting the zero lot line or
townhouse shall comply with the current building code requirements.
9. Exclusivity of this section: Attached zero line and townhouse development is
only allowed pursuant to this ordinance. (Sec. 2.)
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Ord.No.2007-32
Article V, Section 5, Subsection 2 of Ord.No. 63-7 shall be amended as follows:
2. Street Yard Requirements
a. Front yard: minimum of 25 feet from all street property lines of 50 feet
from center line of existing right-of-way whichever is greater.
b. Side yard: There shall be a 10 foot minimum setback from each property
line and at least 20 feet between adjacent buildings 20 feet from street
property line or 35 feet from center line of existing right-of-way,
whichever is greater.
C. Rear yar : There shall be a 10 foot minimum setback from each property
line and at least 20 feet between adjacent buildings. (Sec. 1)
Ord.No.2008-1
Ord.No. 63-7 as amended shall be further amended as follows:
ARTICLE V. PROVISIONS GOVERNING ZONING DISTRICTS
Section 4. C-1 Central Commercial District
1. Permitted Uses:
a. Retail establishments providing goods and services such as grocery, drug,
hardware,variety stores and similar uses, and hotels,motor hotels,
restaurants.
b. Office and bank buildings and uses.
C. Processing and manufacturing that by reason of operation are not a
nuisance in respect to noise, odor, dust,vibration, etc.
d. Wholesaling and warehousing.
e. Bulk storage of non-combustible materials.
f. Automotive service,repair and storage,provided that wrecked or salvaged
vehicles are stored inside a building or are enclosed by a solid fence and
are not visible to the public from the street or sidewalk.
g. A conditional use authorization under the Van Buren Permitted and '
Conditional Use Legend and approved by the Planning Commission.
2. Height: Maximum height of a structure shall be three(3) stories and not to
exceed 48 feet.
3. Rear yard: Minimum 20 feet from property line or center of alley where one
exists.
4. Loading and unloading: Loading and unloading facilities shall be provided so as
not to block any public way.
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5. Fire limits: Land in the Central Businesses District shall be included within the
fire limits of the city of Van Buren,Arkansas.
Section 10. Historic District Zone H-1
1. Justification: Regulations regarding the Historic District Zone shall apply only to
the area that has been identified as the Van Buren Historic District with identical
boundaries as the District. A copy of these boundaries shall be-a part of the
amendment, and shall become a part of the official zoning map for Van Buren,
Arkansas. Any properties outside of the Historic District yet still within the
Central Commercial District, C-1, shall continue to conform to the regulations of
C-1, Central Commercial Business District Zone.
2. Declaration of policy: It is the stated policy of the city of Van Buren,Arkansas,
that the rehabilitation,preservation, and restoration of the structures within the
Van Buren Historic District is in the best interest of the general welfare of the
public. Additionally,the use,re-use, or altered use of the structures within the
Historic District is a beneficial and an integral part of the redevelopment of the
city. Further, any use,re-use, or altered use of any structure within the Historic
District must not violate any of the city codes or ordinances that apply and are
appropriate for the proposed use of the structure.
3. Permitted Uses:
a. All uses currently allowable under the C-1 Central Commercial District;
b. Single family and two-family residences subject to the restrictions listed in
paragraph 5.b of this section.
These dwellings must conform to the setback requirements contained in the
Historic District Zone regulations.
4. Minimum Square Footage for Residential Uses:
a. The minimum square footage for the single family residence shall be 650
square feet.
b. The minimum square footage for the two-family residences shall be 600
square feet per unit.
5. Front Setback:
a. The front building setback line shall be the same as existing feet from the
center line of the street. The type of facade,its structural integrity and
other physical characteristics of the facade will be determined by the Van
Buren Historic District Commission's regulations.
b. When a residence is located on the street level floor of a retail or
commercial establishment,there must be a minimum.of 24 feet setback
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from the store front, so as to maintain the character or the structure as
viewed from the street. This does not apply to other floors used as
residences within the structure nor does it apply to existing residential
structures within the District.
6. Rear Yard: Minimum 20 feet property line or center line of alley where one
exists.
7. Hei t: Maximum height of any structure in the Historic District Zone shall be
three(3) stories and not greater than 48 feet.
8. Loading and unloading: Loading and unloading facilities shall be provided so as
not to block any public way.
9. Parking:
a. For retail and commercial uses, adequate parking exists in the municipal
parking lots and with the on-street parking.
b. For residential uses,the parking requirements are one(1) off-street space
per unit.
10. Restriction on construction: No rehabilitation,restoration, or improvement work
shall be done to any structure in the Historic District Zone until the City Building
Inspector indicates in writing to the city and the person or persons having the
work done that the improvements are in conformance with city codes and
appropriate regulations that apply to the proposed use.
ARTICLE VII. ENFORCEMENT
Section S.Certificate of Appropriateness No land or building or part thereof that is
located within the Van Buren Historic District, shall be erected or altered in its use or structure
until the Historic District Commission has issued a Certificate of Appropriateness stating that
such land,building, or part thereof, and the proposed use thereof, are found to be in conformity
with the provisions of this ordinance,the Historic District Design Guidelines, and other
ordinances or codes of the city.
No building permit shall be issued by the Building Inspector for properties located within
the Van Buren Historic District until a Certificate of appropriateness for that property has been
issued by the Historic District Commission.
Section 6.Violation Penalty
ARTICLE VIII BOARD OF ADJUSTMENT
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Section LCreation and Appointments This ordinance provides for a Board of
Adjustment in accordance with Act 186 of the 1957 General Assembly. The Board of
Adjustment shall be composed of the Planning Commission as a whole, in accordance with
A.C.A. 14-56-416(b)(1).
Section 7.Administrative Procedure (Ord.No. 98-12-A) In addition to the procedures set
out above, when existing conditions are discovered to be in violation of the zoning regulations,
an administrative review and approval may be requested. Existing conditions as used in this
section shall include but not be limited to: existing lots,minimum lot width, lot area,yard
requirements,height requirements,and use violations. Regarding requested variances for
structures, only those structures existing prior to October 15, 2007 (Ord.No. 2007-32), shall be
eligible for this administrative procedure. The review and approval shall be based on the
following guidelines:
1. Requests shall be submitted to and reviewed by the Planning Department.
2. Requests shall be submitted in writing, along with a current survey of the
property,to the Plaiuung Department.
3. The Planning Department Supervisor and/or the Planning Commission Chairman
may require additional information in order to determine ownership of the
property,how long the condition has existed, if the lot is a lot of record or has
recently been sub-divided, as well as other pertinent information.
4. If a variance is administratively approved,the variance shall be approved for the
minimum variance necessary to bring the property into compliance with the
regulations.
5. Legal posting,publishing, and notifications are not required for an administrative
review and approval.
6. If a request is denied by the Planning Department, the applicant may request a
variance by the Planning Commission under the procedure set out in Article VIII,
Section 3 above.
7. A report of all variances approved by the Planning Department under this
administrative procedure shall be furnished to the Planning Commission each
month.
Ord.No.2008-9
Article III, Section 1 of Ord.No. 63-7 is amended as follows:
Section 1. Classification of Districts For the purpose of this ordinance,Van Buren,
Arkansas,has thirteen(13)zoning districts designated as follows:
R-1 Single Family Residential District
R-lB Townhouse/Zero Lot Line Residential District
R-2 Two-Family Residential District
R-3 Multi-Family Residential District
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R-4 Mobile Hoene District(Ord.No. 72-5)
R-5 Single Family and Manufactured Home Residential District(Ord.No.2003-9)
C-1 Central Commercial District
C-2 Thoroughfare Commercial District
I-1 Light Industrial District
I-2 Heavy Industrial District
G-1 Government and Public Use Zone(Ord.No. 74-13)
0-1 Open Area Zone (Ord.No. 75-12)
(Sec. 1.)
Article V of Ord.No. 64-7 shall be amended to add Section 3-B,which new section shall
read as follows:
SECTION 4. R-3B CONDOMINIUM DISTRICT The provisions of this zoning
classification shall be the same as the provisions governing Section 3,R 3 Zones, with the
following exceptions and/or additional requirements:
1. Permitted Uses: Condominiums.
2. Definitions:
A. Condominium: A form of ownership in which individuals purchase and
own a unit of housing in a multi-unit complex,the owner also shares
financial responsibility for common areas;
B. Condominium Act: The Arkansas Horizontal Property Act(A.C.A. 18-
13-101 et seq.);
C. Master Deed: The basic condominium document that must be registered
by the originating property owner prior to the conveyance of the first unit
sold. Also referred to as the condominium declaration,the master deed
thoroughly describes the entire condominium entity, and specifies
essential elements of ownership that permanently govern its operation;
D. All other definitions for terms set forth in the Arkansas Condominium Act
are adopted hereto by reference.
3. Intent The intent of this article is to regulate the division and development of land
under the Arkansas Horizontal Property Act so that the development is
comparable in quality of design to property divided and developed by other
methods, and conforming to the nature of the adjacent zoning.
4. Review requirements: In order to ensure compliance with this ordinance, all
condominium developments shall go through the site plan review process.
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A. In addition to the information otherwise required in the Zoning Ordinance
for Van Buren, all applicants for condominium site plan review shall
submit the following documentation:
L A copy of the proposed condominium master deed that conforms
with A.C.A. 18-0-105;
H. A copy of the proposed condominium site plan sealed by a
professional engineer registered in the state of Arkansas.
iii. A copy of the proposed condominium by-laws;
iv. A copy of all restrictive covenants; and
V. A project site plan in an electronic format acceptable to the
Planning Department.
B. Preliminary Review: Prior to recording of the Master Deed of the
condominium project each condominium project shall be reviewed by the
Subdivision Review Sub-Committee and receive a preliminary
condominium site plan all addressing approval from the Planning
Commission.
C. Final Review: Prior to receiving a permit for construction of any
improvements to the land, a condominium project shall be reviewed by the
Planning Commission and receive final condominium site plan 911
addressing approval from the City Council.
D. Required Plan Information: Application for a preliminary condominium
site plan review may be provided to the Planning Department at least
twenty(20) days in advance of a meeting for which a review is scheduled.
The preliminary review will allow a developer to receive a limited
approval for project lot sizes, structure orientations, and street layout only.
The following information must be included on, or attached to a
preliminary condominium project site plan:
L Ownership Interests: All persons with an ownership interest in the
land on which the condominium project will be located,including
a description of the nature of each entity's interest(for example,
fee owner, option holder, lessee, or land contract vendee);
I Density: The total acreage of the condominium site, acreage set
aside for roads,number of condominium units to be developed on
the subject parcel and density computation on a unit per acre basis.
iii. Street and Sidewalk Plan: The vehicular and pedestrian circulation
system planned for the proposed development,including the
designation of any street(s) as to private ownership or proposed
dedication to the public. Plans must conform to Van Buren
Minimum Street Standards;
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iv. Structure Orientation: The proposed layout of structures,parking
areas, open space and recreation/park areas;
V. Drainage: Site drainage showing topography and flow directions,
including computations of flows into storm sewers or retention
and/or detention areas in conformance with Van Buren Minimum
Drainage Standards;
vi. Natural Features: Specific locations and dmensions of wetland
areas,wetland buffers, flood plain, and significant natural features
such as tree stands,unusual slopes, streams and water drainage
areas. Acreage of wetland areas and open space;
vii. Landscaping: Proposed landscape screening,including greenbelt
and berms, and screening walls and a maintenance plan detailing
maintenance responsibilities;
viii. Condominium Regulations: All deed restrictions or other
regulations proposed to be included in the condominium
documents in the nature of restrictive covenants which regulate the
layout,use and maintenance of public or common areas, accessory
structures,payment of assessments,and enforcement of
condominium regulations;
ix. Common Areas: Limited common elements, common elements,
unit lots,preservation areas, convertible areas and any other
designated ownership areas must be clearly delineated on the site
plan.
5. GENERAL REQUIREMENTS:
A. Condominium Lot: For all purposes of this section, each condominium
unit shall be considered the equivalent of a platted lot of record as defined
in this ordinance and shall comply with all applicable zoning regulations.
The relocation of the boundaries or any other change in the dimensions of
a condominium unit shall be considered an amendment to the
condominium documents of the project and the related site plan.
B. Area Computation: Any area within a public or private street right-of-way
shall not be included in the computation of the minimum area of a
condominium lot or in determination of dwelling density for a site.
C. Utility Connections: Each condominium unit shall be separately
connected to any available community or public water supply. This
requirement may be waived by the City Council for cause upon
recommendation of the City Engineer.
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D. Roads in Condominium Projects: All public or private streets within a
1— p
condominium project shall conform to the standards and specifications of
this ordinance and/or those established by the Van Buren Municipal Code.
6. SITE REGULATIONS:
A. Yard requirements:
i. Front yard: Twenty(20) feet from property line or forty-five(45)
feet from centerline of existing right-of-way,whichever is greater;
ii. Side yard: There shall be a ten(10)foot minimum setback and at
least twenty(20) feet between adjacent buildings. Corner lots shall
have a fifteen(15)feet minimum setback. When an end unit of a
condominium does not side on a street, an open space of at least
twenty(20)feet in width shall be provided between any adjacent
structures;
iii. Rear yard: Twenty-five(25)feet,however, spaces may be used
for open carports.
B. Height and are regulations:
i. Hei ht: The height of primary residential dwellings shall not
exceed two and a half(2 Y2) stories, or thirty-five(35)feet. For
other uses buildings shall not exceed twenty-five (25)feet in
height;
ii. Building area: The living area shall be not less than six hundred
fifty(650)square feet per one (1)bedroom unit and seven hundred
fifty(750) square feet per two (2)bedroom unit;
iii. Density shall not exceed sixteen(16) dwelling units per acre.
C. Construction: Abutting buildings or dwelling units shall comply with
current city building codes.
D. Site Plan Requirements:
i. The legal description of the land, showing the land involved and
the location of each building(existing or proposed), each unit and
building unit denoted by letter or number, (i.e.,A, B; 1,2, etc.)
ii. The general description and the number of each unit in the
development intended for individual ownership expressing its
square footage,location and/or any other data necessary for its
identification;
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iii. The general description of any other area to be subject to
individual ownership and exclusive control, appropriately letter or
numbered;
iv. The description of the general common elements;
V. The description of the limited common elements;
vi. Any further provisions,matters or covenants necessary.
E. Property Owners Association: The developer shall establish an appropriate
ownership association for the development. Only one association shall be
established for the entire development. The instrument shall be submitted to the
city for review prior to submittal of the final plat. In establishing such an
association regime, a master deed, lease or declaration declaring such intention
and setting forth the organization of such regime shall be filed at the office of the
County Clerk. The property owners' declaration shall address the following
items:
i. Define what is owned and by whom, including specific location
and parameters of the individual unit and the ownership interest of
the owners or the association in the common elements;
I Establish a system of interlocking relationships binding each
i owner to all other owners for the purpose of maintaining and
preserving what is owned and used in common;
iii. Establish an array of protective standards or restrictions designed
to place limits and to ensure that a certain level of appearance is
maintained;
iv. Create an administrative vehicle to manage those elements shares
in common and to enforce standards;
V. Provide for the operation and financing of the association.
F. Open Space: The total of all open space in any unified development shall be at
least twenty-five percent (25%)of gross acreage;provided,however,that the
developer may provide less than twenty-five percent(25%) open space upon
obtaining approval from the Planning Commission by demonstrating that the
character of the amenities incorporated in the development warrant such decrease.
In no case shall the open space requirement be reduced to less than ten percent
(10%)of the total land area of the development. In granting a decrease in open
space,the Planning Commission shall consider such factors as the quality of the
open space provided and the provision of facilities such as tennis courts,
swimming pools,playground equipment and other recreational facilities. Open
space shall include all areas not covered by structures, streets or parking. The
open space must be restricted for the exclusive use of owners within the
development and owned,managed, and maintained under the property owners'
association.
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G. Off-Street Parkin: A minimum of two (2) off-street parking spaces per
condominium unit.
H. Places of Public Assembly:
i. Height: Maximum height shall be two (2) stories and not to exceed thirty-
five(35)feet for that portion of the structure used for assembly or offices;
ii. Yard requirements: Minimum of twenty-five(25) feet set back from all
property lines. On property abutting a street,twenty-five(25)feet from
property line or fifty(50)feet from center of street,whichever is greater;
iii. Parking: Places of public assembly shall provide one (1)off-street
parking space per each six(6)persons accommodated in the assembly
hall.
I. Additional Conditions:
i. Public services and facilities are adequate to serve condominium
development;
ii. Health, safety, and welfare will not be jeopardized as a result of the
proposed development;
iii. Any and all specific conditions deemed necessary by the Planning
Commission to fulfill the above-mentioned conditions shall be met by the
applicant.
J. Common Wall/Lot Guidelines: Common walls of unit built subject to this section
shall have no windows, doors, air-conditioning units, or any other type of
openings;provided,however,that, atriums or courts shall be permitted on
common boundaries when the court or atrium is enclosed by three (3)walls of the
dwelling unit and a solid wall of at least eight(8)feet in height is provided
thereto. Said wall shall be constructed of the same material as exterior walls of
the unit. In no case shall a condominium dwelling be built closer than eight(8)
feet from the lot line of a lot not approved for condominium development.
7. CONDOMINIUM DESIGN STANDARDS: Condominium developments shall
comply with all other design standards contained in other city of Van Buren ordinances not
inconsistent with the provisions herein.
Ord.No.2009-2
Ord.No. 63-7 shall be further amended as follows:
ARTICLE V. PROVISIONS GOVERNING ZONING DISTRICTS
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Section 5. C-2 Thoroughfare Commercial District
1. Permitted Uses
a. Retail establishments providing goods or services;
b. Office buildings and uses;
C. Automotive service, repair, and storage, provided that wrecked to salvage
vehicles are stored inside a building, or are otherwise enclosed by a solid
fence and are not visible from the street or sidewalk;
d. Motels, hotels, or tourist courts;
e. Hospitals, medical clinics, nursing homes, doctor offices or dentist offices;
f. A conditional use authorization under the Van Buren Permitted and
Conditional Use Legend and approved by the Planning Commission.
Ord.No. 2009-17
Article V, Section 3 of Ord. No. 63-7 is amended as follows to add the following
subsection:
C. Building Separation: There shall be a minimum of 20' of separation
between buildings constructed on the same lot.
Ord.No. 2011-13 as amended in part by Ord. No. 2019-17
Article VI. Exceptions And Modifications
Section 4. Conditional Uses
(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 an 8 1/2 x 11 inch Site Plan for proposed development.
The fee for processing a conditional use application shall be $150.
(As amended by Ord. No. 2019-17, Sec.1)
(c) Application and Processing Requirements (1)The Planning
Commission shall hold a public hearing on all requests for
conditional uses after:
(a) Publishing a notice in a newspaper of general circulation in
the City at least one time fifteen (15) days prior to the public
hearing, setting forth the time and place of such hearing and the
conditional use proposed. (As amended by Ord. No. 2019-17,
Sec. 2)
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(b) Posting a sign (3) feet by four (4) feet in size at a conspicuous
place on the property, fifteen (15) days before the date of the
public hearing and on which is set forth the date and place of the
hearing.
(c) Notifying by first class mail anyone who owns property within
three hundred (300) feet of the property being considered for a
conditional use. Such notification will indicate the date, time,
and purpose for the public hearing. The notification must be
mailed and dated at least fifteen (15) days prior to the public
hearing held by the Planning Commission.
Article IX. Zoning Code Text Amendment and Rezoning of Property A proposed text
amendment may be initiated by the city council, planning commission, or planning director. Any
citizen of Van Buren may request in writing to the planning commission that a proposed text
amendment be considered. The planning commission may initiate the proposed text amendment.
The Planning Commission and the City Council shall act in accordance with the procedures set
forth within this Article. (As amended by Ord. No. 2019-17, Sec.3)
2.Property Rezoning and Text Amendment Procedures
A. Fee. Any private party or parties desiring a zoning change or text amendment to
the code shall pay an application fee of $275.00 plus all additional associated
costs to the City Treasurer to cover the cost of public notices and related
expenses.
B. Petition. Any private party or parties desiring a zoning change upon payment of
the above fee, shall submit to the Planning Commission a petition giving the legal
description of the property, involved and the zoning classification requested for
the property. The petition shall also include a statement and diagram explaining
why the proposed changes will not conflict with surrounding land uses.
C. Public Hearing. Upon receipt of a petition for a text amendment or a zoning
change, the Planning Commission shall hold a public hearing after:
(1) Publishing a notice in a newspaper of general circulation in the City at
least one time fifteen (15) days prior to the public hearing, setting forth the
time and place of such hearing and the text amendment or the zoning
change proposed.
(2) Posting a sign three (3) feet by four (4) feet in size at a conspicuous place
on the property, fifteen (15) days prior to the date of the public hearing
and on which is set forth the date and place of the hearing and the
proposed zoning change.
,,.^ 230.1
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a (3) Notifying by first-class mail anyone who owns property within three
hundred (300) feet of the property being considered for zoning change.
Such notification will indicate the date, time, and purpose for the public
hearing. The notification must be mailed and dated at least fifteen (15)
days prior to the public hearing held by the Planning Commission.
D. Action by Planning Commission. Following the public hearing the proposed text
amendment or rezoning may be approved as presented or in modified form by a
majority of the Planning Commission and recommended for adoption by the City
Council, with the reasons for such recommendations stated in writing. If the
Planning Commission disapproves a proposed text amendment or rezoning, the
reason for such disapproval shall be given in writing to the petitioner. If the
Planning Commission neither approves nor, disapproves the text amendment or
rezoning within forty-five (45) days after receipt of a petition, the action on such
text amendment or rezoning by said Planning Commission shall be deemed
favorable.
E. Action by the City Council. The City Council, by majority vote, may by
ordinance adopt the recommended text amendment or rezoning submitted by the
Planning Commission or may return the proposed text amendment or rezoning to
the Planning Commission for further study and recommendation. If the City
Council does not concur with the recommendations of the Planning Commission,
either as first submitted or as submitted after restudy, the City Council may, by a
majority vote, amend this Ordinance by granting the original request for text
amendment and/or rezoning in full or in modified form.
F. Appeal by Petition to City Council. Following disapproval of a proposed text
amendment or rezoning by the Planning Commission the petitioner may appeal
such disapproval to the City Council, provided that the petitioner states
specifically in writing to the City Clerk why he considers the Planning
Commission's findings and decisions are in error. Such appeal shall be filed with
the City Clerk within fifteen (15) days from the date of the Planning Commission
action.
G. Re-petitions for Text Amendments and Rezoningof f Property. No applications for
text amendments or rezoning will be considered by the Planning Commission
within twelve (12) months from the date of final disapproval of a proposed text
amendment or a rezoning unless there is evidence submitted to the Planning
Commission, which justifies reconsideration.
Article VIM Board Of Adjustment
Section 3. Appeals or Variances
� 230.2
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OAny appeal of application for variance to the Board of Adjustment may be taken by any person,
firm or corporation aggrieved, or by any governmental officer, department, board or bureau
affected by any decision of the Enforcement Officer, based in whole or part, upon the provisions
of this ordinance. The Board of Adjustment shall publish a notice of the time and place of a
public hearing upon such appeal or application for variation; such notice shall be published at
least once, not less than ten (10) days preceding the date of such hearing in an official paper or
newspaper of general circulation in Van Buren, such notice to contain the particular location for
which the appeal or variation is requested as well as a brief statement of what the proposed
appeal or variation consists of. A sign three (3) feet wide and four (4) feet high shall be placed
upon the properly by the Building Inspector giving the date, place of the public hearing and what
the appeal or variance consist, of fifteen (15) days before the date of the public hearing. The
Board shall also give notice of such hearing to interested persons and organizations, as it shall
deem feasible and practicable. Upon the date of the hearing any party may appear before the
Board in person or by attorney. (Ord. No. 83-19.)
The applicant shall be required to pay a filing fee of One Hundred Fifty Dollars ($150.00) to
cover the cost of publishing and mailing notice, and such other expenses as may be incurred in
connection with such appeal or application.
Ord. No. 2019-16
(� Article II of Ordinance No. 7-1963 is amended to add the following definitions:
Homeless Shelter. A facility providing temporary housing to indigent, needy,homeless or
transient persons. Such a facility shall be permitted to also provide ancillary services such
as meals, counseling and vocational training.
Separation, spacing and procedural requirements for homeless shelters and transitional
dwellings will be determined by the planning commission so as not to adversely impact
the surrounding properties and neighborhood. In addition to the development standards
and review guidelines established in Article VI, Section 4 of Ordinance No. 7-1963,
issues that the planning commission will consider during its review of such facilities
include, but are not limited to:
a. Spacing of existing similar facilities.
b. Existing zoning and land use pattern.
C. The maximum number of individuals proposed to be served, the number
of employees proposed and type of services being proposed.
d. Provisions for readily accessible public or quasi-public transportation.
��� 230.3
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O e. Access to support services such as social services agencies, employment
agencies and medical service providers.
Transitional Dwellings. A facility where persons are aided in the readjustment to society
following a period of imprisonment or institutionalized treatment. (See definition for
Homeless Shelter for review guidelines).
The Permitted and Conditional Use Legend is amended as set forth in attachment "A"
hereto.
Ord. No. 2020-6 Article IV of Ordinance No. 07-1963, is amended to add a new Section
9 to read as follows:
SECTION 9: Accessory Structures
1. Definition: Accessory building or structure shall mean a building or structure that
is incidental and subordinate to and serves a principal building or principal use
and is located on the same site as the principal building or principal use.
Accessory buildings or structures may be permanent or portable. Examples of an
accessory building or a structure include site built or prefabricated buildings,
shipping or cargo containers, and similar structures but does not include portable
play equipment and containers or temporary buildings used on a construction
project.
Buses, mobile homes, manufactured homes, RV's, motor vehicles or trailers must
comply with all applicable city ordinances. The proposed conversion of one of
these to an accessory structure will require a conditional use permit from the
Planning Commission.
The requirements of this section do not apply to towers permitted by the
commercial communication tower provisions of this ordinance.
2. Timing: No accessory building or structure shall be erected or placed on any
property prior to the issuance of the building permit for the principal structure,
unless the accessory structure shall have been approved by the Planning
Commission as a conditional use. A building permit is required for any accessory
building or structure and the minimum building permit fee shall be based on the
currently approved building permit fee schedule with a minimum fee of$20.00.
3. Height: An accessory building or structure on residential property shall not
��� 230.4
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exceed the height of the principal structure or the permitted height limits of the
zoning district, whichever is less. A commercial or industrial accessory building
or structure shall comply with the requirements of the zoning district.
4. Setbacks: The accessory building or structure shall comply with the required
minimum setbacks of the zoning district. Accessory buildings or structures cannot
be located in easements. No residential accessory structure shall extend closer to a
street right of way line than the principal structure.
5. Separation: Accessory buildings or structures shall be setback ten (10) feet from a
principal or accessory building or structure unless this code or the Fire Code
requires a greater separation.
6. Size of Accessory Structures(s): The cumulative total area of all residential
accessory buildings or structures shall not exceed 90% of the covered roof area of
the principal building. Accessory buildings or structures in commercial or
industrial zoning districts shall comply with the lot coverage requirements of this
code, the Fire Code or other applicable codes.
N 7. Compliance with Codes: Any electrical, mechanical or plumbing installed in an
accessory building require the necessary permits and inspections to insure
compliance with those respective codes.
8. Restrictive Covenants: Nothing in this Ordinance shall be construed as to allow an
accessory building or structure which would otherwise violate the restrictive
covenants of the subdivision, or other restrictions on use in the chain of title, of
the principal structure.
Ord. No. 2020-7 Paragraphs K and L of the Commercial Communication Tower
provisions of Ordinance No. 07-1963, are amended to read as follows:
K. Application (Submittal) Requirements: A building permit is required for any
new tower construction, tower addition, tower alteration, and the addition or
relocation of any antenna equipment on a tower. The building permit fee shall
be $250.00. Prior to commencing development of any proposed work to the
tower site, construction plans shall be submitted to the City's Building
Department in accordance with the City's building permit review procedures
and the requirements of this Ordinance.
��� 230.5
5-34
L. Exemption: An antenna and tower for the following uses are exempt from these
requirements:
(1) Ham radios;
(2) Citizen band radios;
(3) Non-Commercial Radio, Television Receiving and Broadcasting.
These are permitted uses in any zoning district if accessory to a permitted use and comply
with the applicable regulations of the zoning district in which they are situated and must
be located on the same lot as the principal building or use. A building permit is required
for accessory towers. The building permit fee for a residential accessory tower is $20.00.
An antenna and tower that is not an accessory must comply with all the provisions of this
ordinance including permits and fees.
Ord. No. 2020-19
Article II of Ordinance No. 7-1963 is amended to add the following definition:
Mini-storage facility. A complex of small storage units which are rented or leased and
which are arranged to be individually accessible to the lessee or renter.
Ord. No. 24-2017, 12-2018,30-2018, 23-2020
City of Van Buren Permitted and Conditional Use Legend
x— ermitted use c—conditional use, must be ap roved by Planning Commission
R R R R R C C I1 I2 H O
1 2 3 4 5 1 2 D l
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
Hogs, Goats, Sheep, Cattle and Horses c c c c c 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 x x x x x
structure and use
Parks, playgrounds, etc. c x x c x c c c c c x
Kindergartens (public orprivate) 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 arks x
I�-� 230.6
Mobile home park accessory and service buildings x 5-34
Retail establishments providing goods and services such x x c c x
as grocery, drug, hardware,variety stores and similar
uses, and hotels,motor hotels, restaurants
Office and bank buildings and uses x x c c x
Processing/manufacturing that by reason of operation x c c c x
are not a nuisance in respects to noise, odor, dust, x x x
vibration, etc.
Wholesaling and warehousing x c c c x
x x x
Bulk storage and non-combustible materials x c c c x
x x x
Automotive service, repair and storage,provided that x x c c x
wrecked or salvaged vehicles are stored inside a x x
building or are enclosed by a solid fence and not visible
to the public from the street or sidewalk
The manufacturing, compounding,processing, c x x c
packaging or 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 --------I-
The storage of bulk materials that will not endanger the c c x x c
health, safety and general welfare of the people
Retail uses accessory to the operation/other essentially c c x x c
similar uses such as animal hospitals/repair
shops/transportation terminals/wholesale outlets/farm
machine sales/lumber ards/restaurants/servicestations
Single mobile homes on a lot where it may be x x
advantageous to the industrial development of the area
provided said lot is at least 40' x 90'
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 I 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 R 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 I c x x x
230.7
S-37
Ord.No. 29-2022
The July 2022 Zoning Ordinance Amendments for the addition of planning zoning
district standards, which are attached as exhibit"A", are hereby adopted. The addition of planned
zoning district standards to Ordinance 7-1963.
Exhibit A
ARTICLE V.
SECTION 11. Planned Zoning District
1. The process is deemed necessary to ensure control of certain development
while providing the applicant a means of gaining commitment without
undue financial risk. Specifically, the purposes of this article are to
encourage:
A. Comprehensive and innovative planning and design of diversified
yet harmonious development consistent with the City's master
plans.
B. Better utilization of sites characterized by special features of
geographic location,topography, size, or shape.
C. Flexible administration of general performance standards and
development guidelines.
D. Primary emphasis shall be placed upon achieving compatibility
between the proposed development and surrounding areas to
preserve and enhance the neighborhood through the use of
enhanced site design, architecture, landscaping, and signage.
E. Developments that utilize design standards greater than the
minimum required by the Van Buren cods, ordinances, and
standards.
2. Submission requirements.An application which specifies the information
to be submitted in support of a planned zoning district is required. This
shall include at a minimum:
A. Pre-application conference with the Planning Director.
B. Application fee.
C. A project booklet, submitted graphically and in narrative form,
addressing as many items as applicable. In no instance shall the
design requirements and development standards be less than those
found in the Van Buren codes, standards, and ordinances.
a. Reason(need)for requesting the zoning change and
230.8
S-37
(� response to how the proposal fulfills the intent/purpose of
the planned zoning district.
b. Current ownership information(landowner/applicant and
representative of applicable) and any proposed or pending
property sales.
C. Comprehensive description of the scope, nature, and intent
of the proposal.
d. General project concept:
i. Street and lot layout.
ii. Site plan showing proposed improvements.
iii. Buffer areas, screening, and landscaping.
iv. Stormwater detention areas and drainage.
V. Undisturbed natural areas.
vi. Existing and proposed utility connections and
extensions.
vii. Development and architectural design standards.
viii. Building elevations.
ix. Proposed signage(type and size).
e. Proposed development phasing and timeframe. j
f. Identify land use designations.
g. Identify area and bulk regulations.
h. A chart comparing the proposed planned zoning district to
the current zoning district requirements (land uses,
setbacks, density,height, intensity,bulk, and area
regulations, etc.).
i. A chart comparing the proposed land uses and the zoning
district where such land uses are permitted.
j. A chart articulating how the project exceeds the City's
minimum requirements (e.g. increased landscaping,
increased high quality materials on the facade, etc.)
k. Statement of how the development will relate to existing
and surrounding properties in terms of land use,traffic,
appearance,height, and signage.
230.9
5-37
1. A traffic study when required by the planning department to
or planning commission.
in. Statement of availability of water and sewer(state size of
lines).
o. A statement and map showing how the development
complies with the Master Land Use Plan map and the
Master Street Plan.
3. Application and review procedures.
A. Determination of completeness. Applications shall be submitted to
the planning director for a determination of completeness.An
application is complete when all the items required by this
Ordinance and on the application,form are prepared and/or
answered, and any required supplemental or additional applications
are submitted with the appropriate fee to the planning department.
B. Notice and public hearing. Following completion of staff review,
the application shall be scheduled for a public hearing before the
planning commission.
1. Notice shall be provided, published, mailed, and posted O
pursuant to the requirements of Article IX of the Zoning
Ordinance.
C. Factors to be considered.
1. Rezoning application. Approval, approval as amended, or
denial of the rezoning application shall be based upon
consideration of the following factors:
a. Compatibility with the master land use plan and
master street plan.
b. Compatibility of the proposed development with the
character of the neighborhood.
C. The zoning and uses of adjacent and nearby
properties, and the compatibility of the proposed
future uses with those existing uses.
d. The extent to which the proposed land use would
increase or change traffic volume or parking
demand in documented evidence or engineering
data,road conditions,road safety, or create parking
230.10
S-37
(� problems in combination with any improvements
that would mitigate these adverse impacts.
e. The current availability of public utilities and
services and the future capacity needed to
adequately serve the proposed land use in
combination with any improvements that would
mitigate these adverse impacts.
s
f. That the application complies with all relevant Van
Buren codes, ordinances, and standards.
2. Project booklet. The following criteria shall be considered
when reviewing the project booklet:
a. Is the site capable of accommodating the buildings,
parking areas and drives with the appropriate open
space provided?
b. Does the plan provide for safe and easy ingress,
egress, and internal traffic circulation?
C. Is the plan consistent with good land use planning
and site engineering design principles,particularly
with respect to safety?
d. Are the architectural designs consistent with the city
policies and regulations and compatible with
surrounding land use features?
e. Does the plan represent an overall development
pattern that is consistent with the master street plan,
master land use plan, and other adopted planning
policies?
f. The required right-of-way dedication has been
identified by the city engineering/planning
department.
g. All easements and utilities shall meet the
requirements of the approving departments and
agencies.
h. Articulate how the plan minimizes or mitigates the
impact of increased traffic both in volume and
vehicle size.
230.11
5-37
i. Articulate how the plan exceeds the minimum City
requirements (e.g. increased landscaping, increased
high quality materials, etc.).
4. Planning commission action. Following the public hearing,the planning
commission may recommend approval, approval as amended, or denial.
The planning commission may also continue the application to a date
certain.
t
a. The planning commission shall certify recommendations of
approval or approval as amended to the City Council for further
procedure in conformity with A.C.A. title 14, ch. 56, subch. 4
(A.C.A. § 14-56-401 et seq.).
b. The planning commission may impose a time limit for the
development as described in-the project booklet.
5. Appeal. Appeals from the decisions of the planning commission shall be
in accordance with Article IX of the Zoning Ordinance.
6. Re-application. A re-application must follow the requirements of Article
IX of the Zoning Ordinance.
7. Amendments to the planned zoning district plans. Once a PZD has been
approved, significant changes may be made only after approval of a
revised PZD. This requires resubmittal of the application through the same
procedural requirements of the original application. Changes that are not
considered significant may be approved at the planning director's
discretion. Disapproval of the changes may be appealed to the planning
commission.
a. Criteria. For the purposes of this section, significant changes shall
be determined by the planning director. The term "significant
changes"means any of the following,provided they are still within
the approved standards of the applicable zoning district:
1. Increases in density or intensity of residential uses by more
than five percent.
2. Increases in total floor area(entire plan) of all
nonresidential buildings by more than five percent or 5,000
square feet,whichever is less.
3. Increases of lot coverage by more than five percent.
230.12'
S-38
4. Changes to the architectural style that shall make the
1� project inconsistent with previous approvals.
5. Changes in ownership patterns or stages of construction
that shall lead to a different development concept.
6. Changes in ownership patterns or stages of construction
that shall impose substantially greater volumes on streets
and load capacities on public facilities.
7. Decrease of more than five percent in areas devoted to open
space or the substantial relocation of such areas.
8. Changes in traffic circulation patterns that will affect traffic
outside of the project boundaries.
'9. Modification or removal of conditions and stipulations to
the planned zoning district approval.
b. Approval. Any changes that seek to vary the standards of the
applicable district and cannot be approved through this subsection,
must either be approved by the planning commission through a
planned zoning district rezoning application or through a variance
request to the board of zoning adjustment.
C. Appeal.Appeal of the director's determination of whether changes
are significant may be taken to the planning commission,whose
decision shall be final.No further action shall be taken to process
the application pending the planning commission's determination.
(Ord.No. 29-2022, Sec. 1)
Ord.No. 03-2023
Article V, Section 1 (R-1 Family Residential District),Paragraph 3 (Yard Requirements),
is hereby amended to add the following sub-paragraph:
e. Nonconforming Lots that are 50 feet wide or less in width and
were platted prior to the adoption of this ordinance are permitted to
have setback reductions for single family structures as follows:
The side yard street setback can be reduced to 14 feet from the
street property line and the interior side yard setback can be
reduced to 6 feet from the property line. (Ord.No. 03-2023, Sec. 1)
230.13
S-3 8
Article V, Section 2 (R-2 Family Residential District),Paragraph 3 (Yard Requirements),
is hereby amended to add the following sub-paragraph: O
e. Nonconforming Lots that are 50 feet wide or less in width and
were platted prior to the adoption of this ordinance are permitted to
have setback reductions for single family structures as follows:
The side yard street setback can be reduced to 14 feet from the
street properly line and the interior side yard setback can be
reduced to 6 feet from the property line. (Ord.No. 03-2023, Sec. 2)
Article V, Section 3 (R-3 Multi-Family Residential District),Paragraph 3 (Yard
Requirements),is hereby amended to add the following sub-paragraph:
e. Non-conforming Lots that are 50 feet wide or less in width and
were platted prior to the adoption of this ordinance are permitted to
have setback reductions for single family structures as follows:
The side yard street setback can be reduced to 14 feet from the
street property line and the interior side yard setback can be
reduced to 6 feet from the property line. (Ord.No. 03-2023, Sec. 3)
Ord.No. 13-2023
Article II (Definitions), of Ordinance 7-1963 (as amended)is hereby amended to add the
following definitions:
Bus truck and tractor sales and service means a use that sells and services buses and O
large trucks normally used for commercial purposes such as tandem axle and tractor
trailers but does not include a salvage yard as the primary or accessory use to the
business.
Commercial, industrial machinery,and equipment(sales, service,rental and leasing)
means a business which sells, services, rents or leases heavy equipment used for
construction, mining, or forestry, earthmoving equipment,farming,well-drilling
machinery and equipment,or cranes but does not include a salvage yard as the primary or
accessory use to the business.
Home improvement center means a facility engaged in the retail sale of various basic
hardware lines, such as tools, lumber,builder's hardware,household appliances,lawn
and garden supplies, etc.
Lumber yard and building materials means a facility which principal business is storing
and selling cut lumber and associated accessory building materials.
Manufactured home and mobile home sales and service facility means a facility for the
sale and service of mobile homes,manufactured homes, and travel trailers but does not
include a salvage yard as the primary or accessory use to the business.
Motor freight terminals means a facility for freight loading and freight storage.
230.14
S-3 8
Oil and gas field equipment,sales, and rental yard means an open area devoted to the
storage of large oil field equipment and the offering of the same for sale or rent but does
not include a salvage yard as the primary or accessory use to the business.
Tire sales means a facility where the principal business is the sale or installation of new,
used, or retreaded tires and tubes.
Travel trailers and recreation vehicles sales and service facility means a facility for the
sale and service of travel trailers,recreational vehicles such as motorhomes, campervans,
coaches, caravans, fifth-wheel trailers,pop-up campers and similar items but does not
include a salvage yard as the primary or accessory use to the business. (Ord.No. 13-
2023, Sec. 1)
The Permitted and Conditional Use Legend is amended as set forth in attachment"A"
hereto. (Ord.No. 13-2023, Sec. 2)
Attachment .Van Buren
"°A" Permitted and Conditional
.1 N en
X=Permitted Use
C=Conditional Use(must be c
0 0 Q Q ~ A t
d 0 y
approved by planning :C 10 :y :� :� PC PCrA G
commission)
Detached one family dwelling X X X X X
Manufactured Homes(See Section X
3-B
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 X X X X C C C C C
course
Library X X X C C C C C
General purpose farm,garden,or X X X C C C C C C X
nursery
Private club not conducted for profit X X X C C C C C C
Municipal recreation or water X X X C C C C C C C
supply use
Accessory structures&uses
pertinent to the principal structure& X X X X X
use
Parks,playgrounds,etc. C I X I X C X I C C C C C X
230.15
S-3 8
Kindergartens(public or private), C X X C X C C C C C C
day care
Hospitals,nursing homes,doctor,& C C C C X X X X X
dental clinics,etc.
Mobile home parks X
Mobile home park accessory& X
service buildings
Retail establishments providing
goods&services such as grocery,
drug,hardware,variety stores& X X C C X
similar uses,&hotels,motor hotels,
restaurants
Office&bank buildings&uses X X C C X
Processing&manufacturing that by
reason of operation are not a
nuisance in respect to noise,odor, X X X X X
dust,vibration,etc.
Wholesaling&warehousing X X X X X
Bulk storage&non-combustible X X X X X
materials
Automotive service,repair,&
storage,provided that wrecked or
salvaged vehicles are stored inside a X X X X X
building or are enclosed by a solid
fence¬ visible to the public
from the street or sidewalk O
The manufacturing,compounding,
processing,packaging or assembling
of those products that will require
the smaller sized,cleaner&more C X X C
quiet industries&will involve a
minimum of noise,dust,odor,or
vibrations
The storage of bulk materials that
will not endanger the health,safety C C X X C
&general welfare of the people
Retail uses that are accessory to the
operation&other essentially similar
uses such as animal hospitals,repair
shops,transportation terminals, C C X X C
wholesale outlets,farm machinery
sales,lumber yards,restaurants,&
service stations
Single mobile homes on a lot where
it may be advantageous to the
industrial development of the area X X
provided said lot is at least 40 feet
by 90 feet
The manufacture of heavy,raw
products&those operations that are
generally objectionable to C X
residential business,uses;including
animal&poultry slaughter,
foundries,sawmills&junk yards
230.16
S-38
Public facilities&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&two-family residences X
subject to restrictions
Recreational vehicle(RV)parks C C C
Retail pharmacy X X X X X
Homeless shelter/Transitional C C C
dwelling
Mini-storage facilities C X X
Commercial communication towers C C C C C C X X X
Hogs,goats,sheep,cattle&horses C C C C C C C C C
Recycling center C C C
Salvage business C C C
Bus,truck&tractor sales&service C X X
Commercial,industrial machinery,
&equipment(sales,service,rental,
&leasing(salvage yard not C X X
permitted)
Home improvement center X X X
Lumber yard&building materials C X X
Manufactured home&mobile home
sales&service(salvage yard not C X X
permitted)
Motor freight terminals C X X
Oil&gas field equipment,sales,&
rental yard(salvage yard not C X X
permitted)
Tire sales X X X
Travel trailers&recreation vehicle
sales&service(salvage yard not C X X
permitted)
Any existing business not in compliance with these amendments that has been issued a
building permit or a business license shall be"grandfathered" and allowed to continue as
nonconforming. (Ord.No. 13-2023, Sec. 3)
230.17
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CHAPTER 14.16
ANNEXING, VACATING AND RE-ZONING PROPERTY 0
Sections:
14.16.01 Annexing
14.16.02 Vacating
14.16.03 Re-zoning
14.16.01 Annexing
Ord.No.4-2002 SW'/4 of Sec. 29,Twp 9 N,Range 31 West
Ord.No. 11-2002 N% of W '/z of Sec. 29, Twp 9 N,Range 31 West
Ord.No. 12-2002 Part of SW'/4 of Sec.21, Twp 9 N, Range 31 West
Ord.No. 17-2002 Part of E %of NE '/4 of Sec. 17,Twp 9 N, Range 31 West
Ord.No. 2-2004 Part of SW'/4 of Sec. 15, Two 9 N, Range 32 West
Ord.No. 6-2004 NW'/4 of Sec. 7, Twp 9 N,Range 31 West
Ord.No. 12-2004 SW'/4 , Sec. 18,Twp 9 N,Range 31 West; SE '/4, Sec. 18,Twp 9 N,
Range 31 West;NE '/4 , Sec. 29, Twp 9 N,Range 31 West; NW '/4, Sec. 29, Twp 9 N. Range 31
West; NE '/4 , Sec. 29, Twp 9 N,Range 31 West; SW'/4 , Sec. 29, Twp 9 N,Range 31 West;
SE '/, Sec. 29,Twp 9 N, Range 31 West;NE '/4, Sec. 29, Twp 9 N,Range 31 West;NW '/4 ,
Sec. 29,Twp 9 N,Range 31 West; SW'/4 , Sec.29,Twp 9 N,Range 31 West; SW '/4, Sec. 11,
Twp 9 N,Range 32 West; SW'/4 , Sec. 15,Twp 9 N,Range 32 West;NW '/4 , Sec. 15,Twp 9 N,
Range 32 West O
Ord.No. 17-2015 NE '/4 of SW '/4, Sec. 16, Twp 9 N,Range 32 West
Ord.No. 17-2018 505 Northridge Dr. East
14.16.02 Vacating
Ord.No. 6-2007 Public utility easement between 1509 and 1511 Lexington Circle
Ord.No. 19-2011 Public utility easement along Tract 1,Null Tracts 1,2, and 3
Ord.No. 26-2011 Public utility easements along Lots 1 &2 of Gullette Estates
Ord.No. 37-2011 Public utility easement in Legacy Valley,Phase 1
Ord.No. 2-2012 Public utility easement in Legacy Valley Phase 1
Ord.No. 5-2013 Public utility easement in Tract 1 of Null Tracts w, 2, and 3
Ord.No. 9-2013 Part of street in Grandview Addition
Ord.No. 10-2013 Public utility easement in Lots 1 &2 in 59 Heights Revised
Ord.No. 14-2016 Part of Alleyway between Lot 7 Block 2 and Lots 1-2 Block 27 Edgewood
Ord.No. 19-2016 Alleyway between lots 4 through 9,Block 22 Riverside Addition
Ord.No. 11-2017 Alley between Lots 1-5 and Lots 8-12,Block I.Mnt. View.Add.
Ord.No. 9-2018 Alley along certain lots inside Meyer's Add.
Ord.No. 21-2018 Part of alley between Lot 1 and 2, and between Lot 3 and 20,Block 17,
Bouren Add.
Ord.No. 28-2018 Portion between Lots 65-66,Park Ridge at Lee Oak Add.
Ord.No. 8-2020 Portion of platted alley located in Block 14 Vista Place Addition
Ord.No. 13-2020 Portion of platted alley located in Block 14 Vista Place Addition
231 0
S-38
Ord.No. 28-2020 Public utility easement along Lot 34 in Legacy Park Phase I &Lot 79 in
Oliver Springs Heights Phase IV
Ord.No. 17-2022 10' Utility easement,Lot 18 &Lot 19 Twin Circle Commercial Park,
Phase I
Ord.No. 04-2023 15' Utility easement along Lot 17 in Twin Circle Commercial Center
Phase 1
14.16.03 Re-zoning
Ord.No. 23-2000 From 0-1 to C-2 Lot 1, CMSI Commercial Park
Lots 1 &2, CMSI Commercial Park No.2
Part of I-40 from Hwy 59 to Sec 13
Ord.No. 3-2001 From C-2 to I-2 3 North 25d' St., 5 North 25d' St.
Ord.No. 4-2001 From C-2 to I-2 2603 Kibler Rd.
Ord.No. 12-2001 From R-3 to C-2 Lot 2A,Royal Oaks Addition
Ord.No. 13-2001 From I-1 to C-2 818 South 3rd St.
Ord.No. 14-2001 From C-1 to C-2 South 28 b and Kibler Road
Ord.No. 17-2001 From C-2 to R-1 Lots 13,14,15 and 43, Oliver Springs Heights
Ord.No. 20-2001 From R-3 to C-2 519 South I I"' St.
Ord.No. 8-2002 From R-2 to C-2 Lots 4, 5 and 6,Block 18,McGee Addition
Ord.No. 3-2004 From R-1 to C-2 Lot 12 and North 30 ft. of Lot 11, Grandview Add.
Ord.No. 5-2004 From I-1 to R-3 Lots 1,2, 3 and SW %2 of Lot r of Block 12
Ord.No. 10-2010 From R-1 to R-3 Part of E %2 of Se. 12,Twp 9 N,Range 32 West
Ord.No. 1-2005 To C-2 SW'/4, Sec. 18, Twp 9 N,Range 31 West
To R-1 SW'/4, Sec. 11,Twp 9 N,Range 31 West
R-2 SW 1/4 , Sec. 15,Twp 9 N, Range 31 West
I-2 NW 1/4 , Sec. 15, Two 9 N, Range 31 West
Ord.No. 16-2005 From C-2 to R-1 3210 Highway 59 N
Ord.No. 17-2005 From R-2 to C-2 Part of NE 1/4 , Sec. 10, Twp 9 N,Range 31 West
Ord.No. 18-2005 From R-1 to R-3 Lots 4, 5 &6 of Block 5, Grandview Addition
Ord.No.23-2005 To I-2 West %2, Sec. 29, Twp 9 N, Range 31 West
To O SW 1/4, Sec. 29,Twp 9 N,Range 31 West
To G W%2, Sec. 29, Twp 9 N,Range 31 West
To C-2 E %2, Sec. 29, Twp 9 N,Range 31 West
To R-5 W%2, Sec. 29, Twp 9 N, Range 31 West
Ord.No.24-2005 From C-2 to R-3 Lot 4,Boatrights Subdivision
Ord.No. 25-2005 From C-1 to R-2 Lot 4,north east 7' of Lot 3,Block 29
Ord.No. 27-2005 From C-2 to R-3 Part of NW 1/4 of Sec. 24, Twp 9 N,Range 32 West
Ord.No. 10-2006 From C-1 to R-3 Lots 9A and 9B,Block B,Meyers Addition
Ord.No. 11-2006 From C-1 to R-3 Lots 1OA and IOB,Block B,Meyers Addition
Ord.No. 15-2006 From C-2 to R-3 NE 1/4 of Sec. 15, Twp 9 N,Range 32 West
Ord.No. 4-2007 From R-1 to R-3 2721 Alma Blvd.
Ord.No. 5-2007 From R-1 to R-2 203 Prospect Ave.
Ord.No. 10-2007 From R-1 to C-2 Lot 5, 6 && in Block 8 of Oakland Addition
Ord.No. 14-2007 From R-1 to R-2 606 Pointer Trail East
Ord.No. 15-2007 From C-1 to R-3 Lots 1-4 in Block 69
Ord.No. 27-2007 From C-2 to R-1 410 North 7 h Street
232
5-36
Ord.No. 31-2007 From R-1 to C-2 1322 Sandstone Drive
Ord.No. 37-2007 From R-2 to R-3 202 Arkansas Street
Ord.No. 39-2007 From C-2 to R-3 Lots 1 & 10 in Block 2,Bushmiaer Addition
Ord.No. 3-2008 From R-2 to C-2 Part of Lot 1, Quail Creek Addition
Ord.No. 4-2008 From I-1 to C-1 216 South 3rd Street
Ord.No. 5-2008 From R-3 to R-IB Northridge Phase XI
From R-3 to R-IB Tract"A"Northridge phase XII
Ord.No. 13-2008 From R-2 to R-3 208 Fayetteville Road
Ord.No. 15-2008 From R-1 to R-3 1014 North 12g'Street
Ord.No. 16-2008 From R-1 to R-3 Lots 1-4 in REA's Addition
Ord.No. 19-2008 From R-2 to C-2 617 Fayetteville Road
Ord.No. 24-2008 From 1-2 to C-2 11 North 3rd Street
Ord.No. 28-2008 From C-2 to R-3 1033 South 40d' Street
Ord.No. 35-2008 From C-2 to R-3 Part ofNW'/4 of Sec. 30, Twp 9 N,Range 31 West
Ord.No. 4-2009 From C-2 to R-1 1403 Branch
Ord.No. 24-2009 From R-2 to G 400 Block of North 19ffi and 20ffi Streets
Ord.No. 25-2009 From C-2 to R-3 2803 Oak Lane
` Ord.No. 33-2009 From C-2 to C-2 209 North 30U' Street
Ord.No. 2-2010 From R-1 to R-5 914 No. 27d' Street
From C-2 to R-3 Lots 3 & 10,Boatrights Subdivision
Ord.No. 6-2010 From C-2 to R-3 Lot 4B-1,the Plaza Addition V
Ord.No. 7-2010 From I-2 to C-2 Part of Sec. 30,Twp 9 N,Range 31 West
Ord.No. 3-2011 From R-3 to R-3B Lot 1,River View at Park Ridge
Ord.No. 4-2011 From R-3 to C-2 Part of E %Z of Sec. 28, Twp 9 N,Range 31 West
Ord.No. 21-2011 From C-2 to R-3 Tract 2,Rena Road Tracts
Ord.No. 1-2012 From R-2 to R-3 Part of NE V4 of Sec. 19,Twp 9 N,Range 31 West
Ord.No. 26-2012 From R-1 to R-3 Part of NE'/4 of Sec. 19,Twp 9 N,Range 31 West
Ord.No. 6-2013 From R-1 to R-3 Lots 8-A,Block 4,Dunlap Addition
Ord.No. 14-2013 From R-2 to R-3 Part of SW '/4 of Sec. 15,Twp 9 N,Range 32 West
Ord.No. 7-2015 From R-2 to R-3 820 N. 24t'Street
Ord.No. 15-2015 From C-2 to I-2 Parcel ID#700-09190-001
From C-2 to I-2 Parcel ID#700-09195-000
From R-2 to I-2 Parcel ID#700-09200-000
From R-2 to I-2 Parcel ID#700-09205-000
Ord.No. 03-2017 From R-2 to C-2 Bottoms Tracts IA and 1B
Ord.No. 04-2017 From R-2 to C-2 Parcel IDs# 700-08245-000; 700-08246-002-C;
700-08246-003-C; 700-08247-000-C; 700-08249-
002; 700-08246-000-C.
Ord.No. 06-2017 From C-2 to R-3 Parcel ID#700-01400-000
Ord.No. 07-2017 From R-2 to R-IB Parcel ID#700-02510-000
Ord.No. 22-2017 From R-3 to C-2 Plaza Lot 4-B-1-B
233
S-3 8
Ord.No. 10-2018 From R-5 to R-3 106 South 40t' Street
Ord.No. 18-2018 From C-2 to R-3 610 Baldridge Lane
Ord.No. 19-2018 From C-2 to R-3 2320 Fayetteville Road
Ord.No. 20-2018 From R-3 to C-2 1106, 1107, and 1118 Walnut Street
Ord.No. 29-2018 From C-2 to R-3 510 Baldridge Lane
Ord.No. 06-2019 From R-2 to R-3 118 North 20th
Ord.No. 13-2019 From R-1B to R-2 391 Boulder Dr
Ord.No. 14-2019 From R-3 to C-2 2803 Oak Lane
Ord.No. 01-2020 From C-2 to R-3 232 S. 26'h Street
Ord.No. 02-2020 From C-2 to R-2 1322 Cedar Street
Ord.No. 17-2020 From R-2 to R-3 420 North 20t1 Street
Ord.No. 19-2022 From G to C-2 619 Access Road
Ord.No. 21-2022 From R-2 to C-2 619 Fayetteville Rd,Van Buren,Arkansas
Ord.No. 22-2022 From R-2 to R-3 3409 Kibler Road
Ord.No. 35-2022 From C-2 to R-3 Lot 2,PBGH(Parkview) Subdivision
Ord.No. 42-2022 From C-2 &R-1
to R-3 First Assembly of God Van Buren Lot I
Ord.No. 12-2023 From R-1 to C-2 Lot 2A McClure Addition, 507 Starbird St., subject
to the condition that no driveway access is allowed
on the Starbird Street frontage.
Ord.No. 19-2023 From C-2 to R-3 Part of SW 1/4 of SE 1/4 &Part of SE 1/4 SE 1/4,All in
Sec. 19, Twp. 9 N,Range 31 W
Ord.No. 22-2023 From R-3 to C-2 Lot 7, Block 12, McGee's Addition, 1223 Walnut
St.
Ord.No. 23-2023 From C-2 to R-2 Part of NW 1/4 NW 1/4 of Sec. 12, Twp. 9 N, Range
32 W
233.1