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ORD NO 13-2026 CITY OF VAN BUREN,ARKANSAS ORDINANCE NO. -2026 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) FOR THE PURPOSE OF DEFINING AND ADDING AUTO AND VEHICLE IMPOUNDMENT OR HOLDING YARD (NO SALVAGE) TO THE PERMITTED AND CONDITIONAL USE LEGEND WITHIN THE CITY OF VAN BUREN,ARKANSAS WHEREAS, the City adopted Ordinance 07-1963 relating to the zoning laws of the city of Van Buren, providing definitions, general provision; provisions governing zoning districts, exceptions and modifications, enforcement, and a Board of Adjustment, as allowed by A.C.A. 14-56-401 et. seq.; and WHEREAS, Ordinance 07-1963 is codified in Chapter 14 of the Van Buren Municipal Code; and WHEREAS, it has been determined by the City Council that there is.a need to add a definition for Auto and Vehicle Impoundment or Holding Yard (no salvage) to the zoning ordinance and to add the 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 on January 6, 2026, to consider these proposed amendments; and WHEREAS, the proposed changes herein were recommended by a majority vote of the entire Planning Commission; and NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT: SECTION 1: The Van Buren Municipal Code, Section 14.04.02, Definitions, is amended to add the following definition: Auto and vehicle impoundment or holding yard (no salvage) means a parcel of land or a building that is used for the impoundment of vehicles and storage of inoperable vehicles usually awaiting insurance adjustment or transport to a repair shop and where vehicles are kept for a period not to exceed 60 days. SECTION 2: The Permitted and Conditional Use Legend is amended as set forth in attachment "A"hereto. SECTION 4: The various provisions and parts of this Ordinance are hereby declared to be severable, and, if any section or part of a section, or any provision or part of a provision herein, is declared to be unconstitutional, inappropriate,or invalid by any court of competent jurisdiction, such holding shall not invalidate or affect the remainder of this Ordinance and to that extent the provisions hereto are declared to be severable. IN WITNESS WHEREOF,the City of Van u n, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of�a for and against,the foregoing Ordinance at its regular meeting held on the 9t'day of Febuary 2026. berk Tr�,as Jos P urst City of Van Buren Ma r by ATTESTED: duo"acounty,P� APPROVED AS TO FORM: L /l,L c o s �``� Shawnna Reyn Jacob Howell City Clerk/Treasurer City Attorney 1003 Broadway • Van Buren, Arkansas 72956 VAN BUREN CITY COUNCIL MEMORANDUM TO: MAYOR JOE HURST AND CITY COUNCIL FROM: WALLY BAILEY PLANNING DIRECTOR SUBJECT: AUTO OR VEHICLE IMPOUNDMENT OR HOLDING YARD (NO SALVAGE) DATE: JANUARY 9, 2026 We recently discovered an issue with how best to describe the land use for auto or vehicle impoundment or hold yard and subsequently assign them to the proper zoning classification. The zoning ordinance does not specifically describe this specific land use. Auto and vehicle impoundment yards exist for the purpose of storing wrecked or inoperable vehicles usually awaiting insurance adjustments or transport to as repair shop. This land use is not as significant as a salvage yard but not as insignificant as some other land sues. The Planning Commission discussed this subject, and it was determined that these uses would pose no significant concerns if permitted in the Industrial 1 and Industrial 2 zoning districts. We discussed the possibility of allowing the use in C-2 zoning districts. Our concern is that commercial corridors such as Fayetteville Road and Alma Hwy, which are zoned C-2, would not be appropriate locations. However,there are some C-2 zoning districts in the Industrial park. Therefore, the Planning Commission voted to allow the use in C-2 zoning districts but only with the Planning Commission's review and approval of a conditional use permit. The Planning Commission held a public hearing on this subject on January 6, 2026.A majority of the entire Planning Commission voted in favor of the proposed definition and amendment to the Land Use Chart.No one voted against the amendment. A copy of the ordinance with attachment A is prepared for the January 26, 2026, council meeting. Please let me know if you have any questions or would like additional information. Attachment «A» January 2026 Van Buren Permitted and Conditional X= Permitted Use m Ta m T is C = Conditional Use (must be approved by ac, W aai W a d L o W 41 E E v, LA p c planning commission) an a d W H E E N a °C v° U 5 x 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 Accessory Dwelling Units(See Section 14.04.22) X X X X X Churches C C C C X C C C C Schools offering a general education course X X X X C C C C C Library X X X C C C C C General purpose farm,garden,or nursery X X X C C C C C C X Private club not conducted for profit X X X C C C C C C Municipal recreation or water supply use X X X C C C C C C C Accessory structures and uses pertinent to the principal structure X X X X X and use Parks,playgrounds,etc. C X X C X C C C C C X Kindergartens(public or private),day care C X X C X C C C C C C Hospitals,nursing homes,doctor,and dental clinics,etc. C C C C X X X X X Mobile home parks X Mobile home park accessory and service buildings X Retail establishments providing goods and services such as grocery, X X C C X drug,hardware,variety stores and similar uses,and hotels,motor hotels,restaurants Office and bank buildings and uses X X C C X Processing and manufacturing that by reason of operation are not X X X X X a nuisance in respect to noise,odor,dust,vibration,etc. Wholesaling and warehousing X X X X X Bulk storage and non-combustible materials X X X X X Automotive service,repair,and storage,provided that wrecked or X X X X X salvaged vehicles are stored inside a building or are enclosed by a solid fence and not visible to the public from the street or sidewalk The manufacturing,compounding,processing,packaging or C X X C assembling of those products that will require the smaller sized, cleaner and more quiet industries and will involve a minimum of noise,dust,odor,or vibrations The storage of bulk materials that will not endanger the health, C C X X C safety and general welfare of the people Retail uses that are accessory to the operation and other C C X X C essentially similar uses such as animal hospitals,repair shops, transportation terminals,wholesale outlets,farm machinery sales, lumber yards,restaurants,and service stations Single mobile homes on a lot where it may be advantageous to the X X industrial development of the area provided said lot is at least 40 feet by 90 feet ZT a1 N X= Permitted Use 'i "' "' `' _ _ NL. f6 fC (C fC U1 C = Conditional Use (must be = c v v C a, aJ L o E E W 4� Q approved by planning commission) a o o ^ cu a v U 5 = 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,sawmills and junk yards Public facilities and utilities X Home based business C C C C C On-site real estate sales office C C C C Indoor Firing Range C C C Single and two-family residences subject to restrictions X Recreational Vehicle(RV)Parks C C C Retail Pharmacy X X X X X Homeless Shelter/Transitionaldwelling C C C Mini-Storage Facilities C I X X Commercial Communication Towers C C C C C C X X X Hogs,Goats,Sheep,Cattle and Horses C C C C C C C C C Recycling center C C C Salvage business C C C Dog Kennel C X X X C Auto&Vehicle Impoundment or Holding Yard C X X (no salvage) Bus,Truck and Tractor Sales and Service C X X Commercial,Industrial machinery,and equipment C X X (sales,service,rental,and leasing(salvage yard not permitted) Home Improvement Center X X X Lumber Yard and building materials C X X Manufactured Home and mobile home sales and C X X service(salvage yard not permitted) Motor freight terminals C X X Oil and gas field equipment,sales,and rental yard C X X (salvage yard not permitted) Tire sales X X X Travel trailers and recreation vehicle sales and service C X X (salvage yard not permitted) Mobile Food Truck X X X X C Mobile Food Truck Court C C C C C Special Temporary Use Permit(Vendors) X X X X