ORD NO 03-2025 CITY OF VAN BUREN,,ARKANSAS
ORDINANCE NO.uJ -2025
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE AMENDING THE VAN BUREN MUNICIPAL CODE FOR THE
PURPOSE OF AMENDING THE ZONING CHAPTER 14 CONCERNING THE
OFFICIAL ZONING MAP,CONDITIONAL USE PROVISIONS,THE BOARD OF
ADJUSTMENT AND OTHER EDITORIAL AMENDMENTS
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, Ordinance 07-1963 is codified in Chapter 14 of the Van Buren Municipal Code;
and
WHEREAS, notice of a Public Hearing was duly published,and a Public Hearing was conducted
by the Van Buren Planning Commission on January 7, 2025, to consider proposed
amendments to various provisions of Chapter 14 of the Van Buren Municipal Code;
and
WHEREAS, following the public hearing, the proposed changes in Exhibit "A" were
recommended by a majority vote of the entire Planning Commission; and
WHEREAS, Arkansas Code Annotated § 14-55-207 allows for the adoption of technical
codes, such as Zoning Codes, by reference; and
WHEREAS, three (3) copies of the January 2025 Zoning Ordinance Amendments for the
addition of planned zoning district standards,have been on file in the Office of the
City Clerk of Van Buren for inspection and review by the public prior to the passage
of this Ordinance; and
NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY THE CITY
COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS THAT:
SECTION 1: The January 2025 Zoning Ordinance Amendments, which are attached as exhibit
"A", are hereby adopted.
SECTION 2: 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,th City of Vanren,Arkansas, by its City Council, did
pass, approve, and adopt, by a vote of for and against,the foregoing Ordinance at its
regular meeting held on the 27t" day of anuary 2025.
G\erk Tres ,
Jo h P. Hurst
City of Van Buren
ATTESTED: r a
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D AS TO FO
a County.P��
Shawnna Reyno ds l..._�..-
City Clerk/Treasurer y
'fF}Cr cj c
1-11il Btu tm Aa -s)
'Aty
It
MU-1-licipal colrx--Iplex
1003 Broadway 9 an Buren, Arkansas 72956
VAN BUREN CITY COUNCIL MEMORANDUM
TO: MAYOR JOE HURST AND CITY COUNCIL
FROM: WALLY BAILEY, PLANNING DIRECTOR
SUBJECT: ZONING CODE AMENDMENTS
DATE: JANUARY 21,2025
During our review of the Municipal Code,we discovered several items that need correction.
We found inaccurate references, grammatical errors, and duplication from other
ordinances.We present this package or amendments to the Planning Commission at their
January 7th agenda meeting.A public hearing was duly advertised and held.A majority of
the Planning Commission and a unanimous vote of those present recommend the City
Council approve these amendments.
A summary of the amendments is as follows:
Official Zoning Map:
An official zoning map is a requirement of Arkansas law.The existing zoning
ordinance refers to a zoning map dated August 18, 1997,but the zoning map has
been amended many times since then.The common practice that other cities use is
to not reference a date specific map because of the constant changes.Also,the
current practice among many cities is to utilize digital mapping for their zoning
maps.The proposed language is what I believe to be the best practice for Van
Buren's official zoning map.
F
Conditional Uses:
a
The edits in this section are for the purpose of correcting references to the Building s,
Inspector as managing the conditional use process.The building Inspector will be
replaced with the Planning Department.
Building Permits and Certificates of.Occupancy
The proposed edit is to delete duplicate or redundant language that is currently
found in the adopted building code and in Title 11 of the Van Buren Municipal Code.
Board of Adjustment
The proposed edits are removing references from the Building Inspector and
replacing them with the Planning Department; correcting the terms of office;
clarifying the Board's officers; and correcting the public notice requirement.
Please let me know if you have any questions or would like additional information before
our discussion.
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EXHIBIT "A"
JANUARY 2025
VAN BUREN MUNICIPAL CODE
AMENDMENTS
AMENDMENTS TO CHAPTER 14 - ZONING
14.04.04 - BOUNDARIES OF DISTRICTS
14.04.79 - CONDITIONAL USES
14.04. 102 BUILDING PERMITS
14.04. 121 - BOARD OF ADJUSTMENT
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14.04.04 -Boundaries of Districts
1. The buurllar-ie;,a€-t1w=z-otiing-dim-i s show on tl e4*ap;
entitled,"Zoning Map"e ty dated August 14 1 now
.,,t ieh is, .,,.,e€.hig Ordi an, and,,,i,;,.h:s n fire in the fr:, of the r-4 , Gler!, (Ord
19-1997 )..
The city is hereby divided into zones, or districts, as shown on the official zoning map,
which is hereby adopted bby reference and declared to be a part of this chapter. The
City yot'Van Buren shall maintain the map at a�(jnyenient location designated by the
Mayon and tiled with the City Clerk. Although copies of the map or portions thereof
may be distributed to the ar�blie in paper or digital form, the official zoning map
consists of.a digital coLy as shown on the official City L)f Van Buren website,as kept
by the City of Van Buren Planning Department and the map shall be subleet to ehange
from time to tine as may be determined by ordinance of the City Council.
2. Unless otherwise indicated on the Zoning Map,the district boundaries are lot lined,
the center lines of streets,or alleys or a specified distance there from,railroad right-of-
way, or the city limit lines as they existed at the time of the enactment of this
Ordinance. Questions concerning the exact locations of district boundaries shall be
determined by the Beard of Adjustme Planning Commission.
3. When the street or property layout existing on the ground is at variance with that shown
on the Zoning Map or with other requirements of this Article, the Beard of Adjustmen
Planning Commission.shall interpret the boundaries.
4. Where district boundary line divided a lot in single ownership at the time of passage
of this Ordinance,the use,height, and area authorized in the least restricted district shall
apply to the entire lot, but shall not extend beyond a platted lot line;provided that this
line does not extend more than twenty-five(25)feet beyond the more restricted district
boundary line. The use so extended shall be deemed to be conforming. Where the district
boundary is on a platted lot line,this extension is not permitted.
5. Where a lot under single ownership at the time of passage of this Ordinance is double
frontage lot and where the frontage on one street is in a commercial or industrial district,
(except corner lots) and the frontage of the other street is in a residential district or faces
a residential district, any commercial or industrial uses placed upon this lot shall be
fronted onto the street in the commercial or industrial district. In all cases of ambiguity
or uncertainty,then and of Adjustmen4 Planning Commission shall have the authority
to determine on which street the commercial or industrial use shall face or front so that
the spirit of these regulations shall be observed.
6. Where a corner lot with commercial zoning is located on a predominantly commercial
street,i.e., located in a block in which the frontage is 51%or more residential frontage,any
commercial use placed on the corner lot must have its principal frontage on the
predominantly (51%or more) commercial street.
7. The Historic District zone's boundaries shall be identical to the existing boundaries of
the Historic District's boundaries as identified by Ordinance#7-1977. A map detailing
these boundaries shall become a permanent part of this amendment and shall be added to
the Official Zoning Map of Van Buren, Arkansas.
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14.04.79 - Conditional Uses.
(a)Purpose and Intent. This regulation is established to set standards used in reviewing
and approving conditional uses and procedures for processing them. Certain uses are
considered as conditional because of the potential harmful effects the use can cause to
nearby property and because the requirements needed to eliminate those harmful effects
vary from site to site. Thus, the Planning Commission, in considering each conditional
use request,will review the overall compatibility of the planned use with surrounding
property as well as such specific items as screening,parking and landscaping to make
sure that no harmful effects occur to nearby property.
(b) Application Procedure. The application for a conditional use permit shall be made to
the Building r„r Planning Department by the property owner or any agent of the
property owner. The application shall include an 8 %2 by 11 inch site plan for proposed
development. The fee for processing a conditional use application shall be$150.00.
(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.
(b)Posting a sign three(3)feet by four(4) feet in size at a conspicuous place on the
property, fifteen(15) days 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. The application should include:
(A)A description of the present land use.
(B)A description of the proposed uses indicating hours of operation,number of
employees, etc.
(C)A description of the measures to be taken to insure compatibility of the proposed
use with surrounding neighborhood(e.g. building design,landscaping, fence and'site
improvements
(D)A description of the possible adverse impacts such as noise, smoke,fumes,
traffic,vibrations or other hazards and a description of how these conditions will be
minimized.
(E)The n, tof Planning Department and Planning Commission reserve
the right to require additional inforination which would enable the Commission to
determine the appropriateness of the use for which application has been made.
(d)Planning Commission Action.
(1) The Planning Commission shall consider conditional use applications at the
Commission's regular monthly meeting and hold the required public hearing on a
conditional use application at that time. After the public hearing, the Commission will
take one(1) of the following actions:
(A)Approve the application as submitted.
(B)Approve the application with modification.
(C)Defer the application to a later meeting.
(D)Table the application.
(E)Deny the application.
(2) The Planning Commission may impose conditions and restrictions upon the property
under consideration with the intent of minimizing the impact of the conditional use upon
nearby property.
(3)The Planning Commission should not reduce requirements associated with a
conditional use concerning the minimum requirements of this ordinance for the zone in
which the use occurs unless unusual circumstances or hardships exist.
(e)Development Standards and Review Guidelines. The following development
standards and design specifications shall be the basis for approval of a conditional use:
(1) The design, location and operating plans shall be such that the safety of the public is
protected.
(2) The proposed land use will not adversely affect nearby property.
(3) The size and shape of the site and the size, shape and arrangement of structures meet
the minimum requirements of this ordinance.
(4)The entrances and exits, internal street system, off-street parking, loading facilities z
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.
(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.
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(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
(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 ing i,,.,peet^ Planning Department one(1)time
for up to ninety (90)days.
(3)No variances may be granted to a conditional use authorization except that the
Building Inspect-of Planning Department may grant minor changes to the conditions
imposed as long as those changes conform to the intent of the Planning Commission's
approval.No building permit shall be issued for a conditional use unless the provisions of
this ordinance have been met.
(h)Termination of Permit.
(1)In the event a condition imposed by the Commission or building inspector for the
conditional use of a property or structure is suspended,abandoned or changed after the
initial granting of the conditional use permit,the conditional use permit shall be
considered void and the use of the property or structure shall be immediately suspended
until such time as the required condition is again'restored and the owner or operator of
the property or structure is once again in compliance with the permit.
(2)In the event the use of a property or structure subject to the conditional use permit is
changed to a use not permitted by the certificate,then the conditional use permit shall be
considered void and the new use of the property or structure shall be 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.
(1)Appeal.
The final decision of the Planning Commission concerning a conditional use may be
appealed to the Van Buren City Council.
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14.04.102 -Building permits and Certificates of Occu)ancy
1. Building Permit Required.
It shall be unlawful to commence the excavation for the construction of any building,
including accessory buildings, or to commence the moving or alteration of any
building, including accessory building,until the Building Inspector has issued a
building permit for such work.
for-a hafl 14 '+ tl,,.. .,r,-1 ,.,,nt.,hall s„1 mi4
3Mt or-plans i3-' duplie - the wal ,1', �:, „+•th l
,c„e.. ui: rirscn�nc-xvc
fl tx 1k31t 12 3E#nj tE?size, -o�--il•l�l-_ Adingss to 1D'nc-vei-eeted,
. p4eant shall all state
1 L.r,e, >d h<, the u ;ld:�„ r„n.,® +,, „a tmittirrg a the p,•,,,,:..:,.,,s nth;�
if the proposed e ationis in „fi„•,,,:t y with the „
shall issue a Wilding permit fef sueh eNeavation or eonstmetion. If a building perfflit is
fefused, the Building laspeeter shall state sueh refusal in wFiting with with other-Ordinance,.,of the City E)f V Burell 1:1w.y in foree,!he Building lospe
a. The issuaflee of a ,-,,,:t shall ;i e he „stfueted iy
rz
„f thin (l,.d;.,.,nce
b. A buildin,- p nit shall 1.,,..,..,-e void six ni-onths f«..,.,, the date f iss ,anee unless
�4$Fif-13ars�3E'@}3$ &rt A •,� +he., t
c-. A building pemit shall beeeme void twenty fetiF (24) months ffom the dat
eeupaney has heen „issued an the ,•t„ de :heal the
d. Ne building peffflit shall be issued for-any stfuetufes (pfineipal or aeeessery)that afe
of a size, shape design or use that does not eenfiqfffl to nafmal and ustially fou
stnietuj,es in the residential afea where the pefmit is fequested until reviewed by-the
Zoning Cenifnittee who may:
(1) Reeemmend that the Building inspeetor issue a building pennit if the Committee
finds the intent of flie OFdinanees is eomplied with and the stftletur-e will not
objeetionable to the fiature tise of the zoned area.
(2)Reeenmnend that the Building inspeetef not issue a building peFmit if the
Commit4ee finds!he intent ofthe Or-dinanees is not eeniplied with and the stmetwe
will be ..h:eet:, nable t the fut.,»e use of the ed
Vill(3) May reeommend that the request be tfeated as a vafianee with step-, linder-A14iele
datio
be inade to the Van Buren City Couneil setting as a Board of Adjustment whether-sueh
should he granted-.
(Ordinanee 12 1 96 7)
A-eer F £i3te f3�1(3E< k 3ftHE.1 shall-be applied f r, , idefit . 4h flie appheation &
iildii3,�T-yp�efMit-,and-y?�19i44 be I is )-days —the a eetion . street„rvA
Y.11,:1 Cll l ll. .if 11Ti -l�ilJ- e11. VII pletedin eonformity
with
the provisions o
T.Sal ,f+ «:ti.oitin g with the eause.
No�,�bt4khrit�-oF part thereo reeted of altered hereafter in it-,use or siruetur-e
shall be used until the#mil 1: t,. shall S,a„ issued . rti ;e to of o
h l 1 h :l.l' ,,.,,•+4 ,ham „+ ,,! tl, ,- � sed� sei thefeef-are-he
'St%tt-i}�g-t-lii#t-=.%u�crixcx�'-niicicr"_fl=,< - ------- ----- ---- •,•• "•
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feurid+&
e€
A , plete r fd of all eeft:f;r ate, plats and .,1.,,,.. mil,,l l be rxaint,:,eA :, the ,ffi e ,4
b,e fitmished on request to any pei=soii c`kiteeted. A-kee-or me
5. Certificate of Appropriateness
No land, 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.
14.04.121 - Creation 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. Section 14-56-416(b)(1). All
members of said Board shall serve without pay. The term f,aeffibership shall he fly
originalyears. Vaeaneies shall be filled for!he unexpired term of any member in the saffle Manne
as appointments.
The officers of the Planning Commission shall serve as officers of the Board of
Adjustment. The chai is*n''c
qualifies. "Fhe Mayor-shall appoint a eta , w1io shall hold -r'7ee ,a„ ,r4,e- -+4
7
aill p�stir-e ol-t 3 11 r nl f:,,., fte m the Cif
Couneil of!I.- Gil
14.04.122 [Board of Appeals.]
That the City Gouneil.Board of Adjustment of the City of Van Buren shall constitute
the Board of Appeals as set forth in the Plumbing Code,the Building Code, and the
Electrical Code. and the Zoning and Sub Division Regulation Ofd
14.04.123 - Procedure.
Meetings of the Board of Adjustment shall be held at such times and at such places
within the City as the Board may designate, or at the call of the Chairman. But the
Board shall have at least one eating e eh month. All meetings shall be open to the
public. The Board shall keep minutes of its proceedings showing the vote of each
member upon each question, or if a member is absent or fails to vote,noting such fact.
The Board shall keep records of its examinations and other official actions, all of which
shall be immediately filed in the office of the Building Ifispeeto Planning Department
and shall be a public record.
The presence of three members shall be necessary to constitute a quorum and the
concurring vote of the members of the Board shall be necessary to reverse any order,
requirement, decision,or determination of any administration officer to decide in favor
of the application on any matter upon which it is required to pass under the zoning
ordinance or to effect any variation in such regulations.
The Building Inspector or his representative and Planning_Department representative
shall attend each meeting of the Board and shall make available all plans,
specifications,plats and papers relating to any case before the Board for
consideration.
14.04.124 -Appeals of-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 fifteen(15)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 h'An-�uil li
ino r Planning Department 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$150.00 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.