ORD NO 13-2011 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. 13 2011
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE TO AMEND ORDINANCE NO. 07 -1963 (AS
AMENDED) TO REVISE THE PROCEDURES AND /OR FEES
FOR ZONING CHANGES, CONDITIONAL USES, AND
VARIANCES WITHIN THE CITY OF VAN BUREN, ARKANSAS,
AND FOR OTHER PURPOSES.
WHEREAS, the City adopted Ordinance 07 -1963 relating to the zoning laws of the city of Van
Buren, providing definitions, general provision; provisions governing zoning
districts, exceptions and modifications, enforcement, and a Board of Adjustment, as
allowed by A.C.A. 14 -56 -401 et. seq.; and
WHEREAS, it has been determined by the City Council that there is a need to revise various sections
of the ordinance to allow for a more thorough public notification procedure, to update the
fees associated with the various planning applications, and to add a new conditional use
to the permitted and conditional use legend; and
WHEREAS, notice of a Public Hearing was duly published, and a Public Hearing was conducted
by the Van Buren Planning Commission to consider these proposed amendments;
and
WHEREAS, the proposed changes herein were recommended by a majority vote of the entire
Planning Commission; and
NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF
THE CITY OF VAN BUREN, ARKANSAS, THAT:
SECTION I: Ordinance No. 07 -1963, as amended, (VAN BUREN MUNICIPAL CODE 14.04.01)
shall be further amended as follows:
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 12 inch Site Plan for proposed development. The fee for processing a conditional use
application shall be $40099 one hundred fifty ($150) dollars.
(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 Citv at least one time thirteen (13) days prior to the public hearing. setting forth the time and place of
such hearing and the conditional use proposed. (b) Posting a sign three (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 propertv
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 VIII. Board of Adjustment
Section 3. Appeals or Variances
Any appeal or 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 property by the building
inspector giving the date, place of the public hearing and what the appeal or variance consists 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. 19 -1983)
The applicant shall be required to pay a filing fee of ten ($10.00) one hundred fifty ($150) dollars to
cover the cost of publishing and mailing notice; and such other expenses as may be incurred in
connection with such appeal or application.
ARTICLE IX. Amendment
I. Amendment Procedure for Private Parties.
a. Fee. Any private party or parties desiring a zoning change shall pay a fee of $25.00 two
hundred seventy -five ($275) dollars to the City Treasurer to cover the cost of public notices
and related expenses.
c. Public Hearing. Upon receipt of a petition for an amendment, the Planning Commission
shall hold a public hearing on the proposed amendment, after:
(1) Publishing a notice in a newspaper of general circulation in the City at least one time thirteen (13)
days prior to the public hearing, setting forth the time and place of such hearing and the amendment
proposed. (Ordinance No. 13 -1974)
(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 amendment proposed. (3) Notifying by first -class mail anyone
who owns propertv within three hundred (300) feel of Ole property being considered for zoning
change. Such notification will indicate the date. tine. and purpose for the public hearing.. The
notification must be nailed and dated at least fifteen (15) days prior to the public hearin, held
by the Planning Commission.
VAN BUREN PERMITTED AND CONDITIONAL USE LEGEND
The Van Buren Permitted and Conditional Use Legend is set forth in attachment "A" hereto.
SECTION 2: The passage and approval of these amendments to the Van Buren Ordinance
07 -1963, as amended, will protect the health, safety, and /or welfare of the
City and its citizens. Therefore, an emergency is declared to exist and this
Ordinance, being necessary for the preservation of the public health, safety
and /or welfare shall be in full force and take effect immediately upon after its
passage.
SECTION 3: The various provisions and parts of this Ordinance are hereby declared to be
severable, and, if any section or part of a section, or any provision or part of a
provision herein, is declared to be unconstitutional, inappropriate, or invalid
by any court of competent jurisdiction, such holding shall not invalidate or
affect the remainder of this Ordinance and to that extent the provisions hereto
are declared to be severable.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council,
did pass, approve, and adopt, by a vote of 5 for and agai e foregoing
Ordinance at its regular meeting held on the 18 of April 2011
Ro.ert D.F• a41 N
Mayor
ATTESTED: PI'RO E 1A t 1 1 1
co 1
CSOU Cif Q:
Barbie Curtis Candice A. Settle
City Clerk/Treasurer City Attorney
City of Van Buren
Permitted and Conditional
Use Legend
ATTACHMENT "A"
N N m C "1 N
X Permitted Use
N a
r0 r0 r0 0 Q
N y
C Conditional Use (must be approved by planning v v cu E H N E
commission) '71 E E v '�6 Y
CC IX C4 t4 U U t C 2 C7 O
Detached one family dwelling X X X X
Two family dwellings X X C
Multi family dwellings X C
Churches X X X
Schools offering a general education course X X X C C CC
Library X X X C C CC
General purpose farm, garden or nursery X X X C C C C C X
Private club not conducted for profit X X X C C CC C
Municipal recreation or water supply use X X X C C C C C C
Accessory structures and uses pertinent to the principal structure X X X X
and use
Parks, playgrounds, etc. C X X C C C C C X
Kindergartens (public or private) C X X C C C C C C
Hospitals, nursing homes, doctor and dental clinics, etc. X X C C C C C
Mobile home parks X
Mobile home park accessory and service buildings X
Retail establishments providing goods and services such as grocery, X X CC
drug, hardware, variety stores and similar uses, and hotels, motor
hotels, restaurants
Office and bank buildings and uses X X CC
Processing and manufacturing that by reason of operation are not X C C C
a nuisance in respect to noise, odor, dust, vibration, etc.
Wholesaling and warehousing X C CC
Bulk storage and non combustible materials X C C C
Automotive service, repair and storage, provided that wrecked or X X CC
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
Motels, tourist courts C X CC
The manufacturing, compounding, processing, packaging or C X X
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, CC X X
safety and general welfare of the people
Retail uses that are accessory to the operation and other C C X X
essentially similar uses such as animal hospitals, repair shops,
transportation terminals, wholesale outlets, farm machinery sales,
lumber yards, restaurants, and service stations
Single mobile homes on a lot where it may be advantageous to the X X
industrial development of the area provided said lot is at least 40
feet by 90 feet
City of Van Buren
Permitted and Conditional
Use Legend
M V r N
X= Permitted Use el N i N N
TO TO TO TO 1
C E
C Conditional Use (must be approved by v a E a *C c
planning commission) 7, A .1 E E 3 o
z z ce u u x l� O
The manufacture of heavy, raw products and those C X
operations that are generally objectionable to residential
business uses; including animal and poultry slaughter,
foundries, saw mills and junk yards
Public facilities and utilities X
Home based business •C C C C C
On -site real estate sales office C C C C
PLANNING APPLICATION FEE COMPARISON
CITY CONDITIONAL USE REZONE VARIANCE PUBLIC HEARING SIGN
Van Buren (Existing) 100 (est. 1997) 25 (est. 1963) 10 (est. 1963) 0
Van Buren (Proposed) 150 275 150 0
Fort Smith 350 350 250 5
Pine Bluff 65 50 75 0
Fayetteville 100 325 25 0
Conway 325 325 325 7.50
Bentonville 125 275 125 0
Little Rock (Com) 230 -500 230 -500 200 5
Little Rock (Res) 140 100 -500 80 5
Sherwood 150 150 50 30
Hot Springs 475 350 200 0
Searcy 30 50 70 0
Russellville 150 150 150 25
Bella Vista 100 225 100 0
West Memphis 50 75 35 25
Cabot 100 250 (Com) 100 0
100 (Res)
*Fees including advertising costs: Fort Smith, Fayetteville, Bentonville, Hot Springs, Russellville, and Van
Buren's proposed