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ORD NO 14-2026 CITY OF VAN BUREN, RKANSAS ORDINANCE NO. -2026 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 HISTORIC DISTRICT ZONE AND AMENDING 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, Section 14.04.56 Historic District Zone of the Van Buren Municipal Code needs to be amended to reflect current land uses,and correct conflicting language; and WHEREAS, the Permitted and Conditional Use Legend needs to be amended to reflect the residential land uses that are permitted in Section 14.04.56 Historic District Zone; and WHEREAS, notice of a public hearing was duly published, and a public hearing was conducted by the Van Buren Planning Commission on November 16,2025, to consider the amendments to Section 14.04.56 Historic District Zone and amendments to the Permitted and Conditional Use Legend;and WHEREAS, the amendments to Section 14.04.56 of the Municipal Code and the Permitted and Conditional Use Legend were recommended by a unanimous vote of the entire Planning Commission; and WHEREAS, Arkansas Code Annotated§ 14-55-207 allows for the adoption of technical codes, such as amendments to the Zoning Ordinance,by reference; and NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF VAN BUREN,ARKANSAS,THAT: SECTION 1: The amended Section 14.04.56 of the Van Buren Municipal Code, Historic District Zone, and the amended Permitted and Conditional Use Legend are and have been prior to adoption on file in the office of the City Clerk,the availability of such codes,for inspection by the public,has been duly published. SECTION 2: The amended Section 14.04.56 of the Van Buren Municipal Code, Historic District Zone as set forth in Attachment"A" is adopted in their entirety. SECTION 3: The amended Permitted and Conditional Use Legend of the Van Buren Municipal Code as set forth in attachment`B"is adopted. 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. SECTION 5: All laws,ordinances,resolutions,or parts of same that are inconsistent with the provisions of this ordinance are hereby repealed to the extent of such inconsistency. IN WITNESS WH OF,thei Y of Van Buren,Arkansas,by its City Council,did pass,approve, and adopt, by a vote of for and,,V against,the foregoing Ordinance at its regular meeting held on the 9'day of February 2026. G�erk Tres U �� ��Ma . H st City of Van Buren a ATTESTED: ���rgCounty.P(�ac�h APPROVED AS TO FORM: Shawnna Reyno ds Jacob Howell City Clerk/Treasurer City Attorney I a ulty Uf Vail Buren, Arkm,.,,' a a mumcipal complr--�: 1003 Broadway • Van Buren, Arkansas 72956 VAN BUREN CITY COUNCIL MEMORANDUM TO: MAYOR JOE HURST AND CITY COUNCIL FROM: WALLY BAILEY,PLANNING DIRECTOR SUBJECT: AMENDING THE HISTORIC DISTRICT ZONE"H-1"AND THE PERMITTED AND CONDITIONAL USE LEGEND DATE: JANUARY 15,2026 Recently we were reviewing the Historic District Zone"H-1"(HDC) and noticed some language that should be corrected. Our review included discussions with the Planning Commission and The Old Town Merchants Association. I have attached a copy of the HDC code section with the changes shown in legislative format and which are highlighted. Also,there are residential land uses permitted in the HDC chapter that are not shown in the Permitted and Conditional Use Legend(PCUL). The proposed amendment to the PCUL is highlighted in the attached document. The revised HDC code section is Attachment A to the ordinance and the revised PCUL is Attachment B. A summary of the proposed changes is as follows: ❖ Paragraph 3b. Addition of multi-family to the permitted uses. This allows apartments. •A Paragraph 4.Replacing minimum square footage requirements in the ordinance with a simple reference to the minimum size requirements of the currently adopted building and fire codes. This removes any potential conflicts between the HDC section and the building and fire codes. ❖ Paragraph 5a. This section adds clarity to the front building setback line requirement and addresses the subject of building additions. The added sentence about additions conforms to the historic district guidelines. ❖ Paragraph 5b. This section removes the restriction or implication that only the proprietor's residence is allowed on the first floor of a building. Also, a sentence was added about the conversion of a commercial building to a residential building must still comply with the commercial fagade requirement of the historic district. ❖ The PCUL amendment adds the residential uses that are mentioned in the Historic District Zone section of the code. The Planning Commission held a public hearing on January 26, 2026. A majority of the entire planning commission recommended these amendments to the City Council for approval. Please let me know if you have any questions. 14.04.56 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 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, two-family, and multi-family residences subject to the restrictions [ofl 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 mim'mum square feetage fer the single family proprietor residenee shall be 650 square feet. b. The —1--e feetage for the two family r-esidenees shall be 600 square feet per The size of all residential dwelling units must comply with the currently adopted building and fire codes. 5. Front Set Back a. The front building setback line for the principal building shall be a maximum of zero feet or the same as the existing feet adjacent building lines f em the een4er line street.Additions that are accessory or subordinate to the principal buildingcan an be constructed to a greater setback. 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. Created: 2025-08-28 12:20:53 [EST] (Supp.No.1,Update 1) Page 1 of 2 b. When a single family r ieter's residenee residential dwellingunit(s)is located on the street level floor of a retail or commmercial establishment,there must be a minimum of 24 feet set back from the store front,so as to maintain the character of of the structure as viewed from the street. This does not apply to other floors used as residences within the structure. na;,r deer it apply to e fisting,widen+.,, .,tfueta fee within the Dist iet When any portion of a building is used for residential purposes, the commercial fNades must be maintained and the physical characteristics of the facade shall be approved by the Van Buren Historic District Commission. 6. Rear Yard Minimum:20 feet property line or center line of alley where one exists. 7. Height Maximum height of any structure in the Historic District Zone shall be 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 establishments,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. Restrictions on Construction No rehabilitation,restoration, or improvement work shall he 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. Created: 2025-08-28 12:20:53 [EST] (Supp.No.1,Update 1) Page 2of2 Attachment "B" January 2026 Van Buren Permitted and Conditional u X= Permitted Use41 "' N to @ m n 4+ +1 41 41 Y i •i r0 N O C = Conditional Use (must be approved by y 4JL I planning colmmission) Z N L ° ° ° ° v C) (D a) v' -a Q. cc v c° s o Detached one family dwelling x x X X X Manufactured Homes(See Section 3-B) x Single Family x Two family dwellings x x x C Multi-family dwellings x 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 ofthe 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 X= Permitted Use N m d Ln u L f0 f6 fp (a E2 + U C = Conditional Use (must be = _ _ v ru —r o -a v E E *' L approved by planning commission) :y � 3; = y CI: W U U S E = 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 junkyards 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/Transitional dwelling C C C Mini-Storage Facilities C 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 I X I 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 I X X 1 X Attachment "A" b. When a residential dwelling unit(s) is located on the street level floor of a retail or commercial establishment, there must be a minimum of 24 feet set back from the store front, so as to maintain the character of the structure as viewed from the street. This does not apply to other floors used as residences within the structure-When any portion of a building is used for residential purposes, the commercial fagades must be maintained, and the physical characteristics of the fagade shall be approved by the Van Buren Historic District Commission. 6. Rear Yard Minimum: 20 feet property line or center line of alley where one exists. 7. Height Maximum height of any structure in the Historic District Zone shall be 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 establishments, 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. Restrictions 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. Created: 2025-08-28 12:20:53 [EST] (Supp.No.1,Update 1) Page 2 of 2 Attachment «B» January 2026 Van Buren Permitted and Conditional @(C f N V X= Permitted Use L' o NL. ILI o C = Conditional Use (must be approved by Y L I planning commission) O Y CC C' W O O C �^ a. fY U U x O Detached one family dwelling X X X X X Manufactured Homes(See Section 3-B) X Single Family X Two family dwellings X X X C Multi-family dwellings X 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 j 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 i X = Permitted Use io R ra h C = Conditional Use (must be v c a`, a`, •L L o .., approved by planning commission) o m c a� v CuW a, o o 'a Q. The manufacture of heavy,raw products and those operations that are generally objectionable to C X 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 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 Attachment "A" 14.04.56 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 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, two-family, and multi-family residences subject to the restrictions [ofJ 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 The size of all residential dwelling units must comply with the currently adopted building and fire codes. 5. Front Set Back a. The front building setback line for the principal building shall be a maximum of zero feet or the same as the existing adjacent building lines. Additions that are accessory or subordinate to the principal building can be constructed to a greater setback. 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. Created: 2025-08-28 12:20:53 [EST] (Supp. No.1,Update 1) Page 1 of 2