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ORD NO 25-2026 CITY OF VAN BUREN,ARKANSAS ORDINANCE N0,62026 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS,AN ORDINANCE TO BE ENTITLED: AN ORDINANCE ADOPTING A ZONING ORDINANCE AMENDMENT AMENDING THE HEIGHT REQUIREMENTS FOR STRUCTURES IN C-2 THROROUGHFARE COMMERCIAL ZONING DISTRICTS, AND FOR OTHER PURPOSES WHEREAS, the City of Van Buren has adopted Ordinance 07-1963 relating to the zoning laws of the City of Van Buren, providing definitions, general provisions; 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 amend section 14.04.51 (3) of the Van Buren Municipal Code concerning the requirements that regulate the height of structures in the C-2 Thoroughfare Commercial District of the Van Buren Zoning regulations; and WHEREAS, the Planning Commission reviewed this amendment at a public hearing that was held on May 5th, 2026; and WHEREAS, the proposed changes 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 amendments to the Zoning Ordinance, by reference. NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS THAT: SECTION 1: The zoning code amendment as described above is and has 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 zoning code amendment as described above, which are attached as attachment "A"are hereby adopted. 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. SECTION 4: 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laws, ordinances, resolutions, or parts of same that are inconsistent with the provisions of this ordinance are hereby repealed to the extent of such inconsistency.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 WHEREOF,the City of Van Buren,Arkansas, by its City Council, did pass, approve, and adopt, by a vote of for and�against,the foregoing Ordinance at its meeting held on the 26th day of May 20 6. 4f �G\erk Trey fl seph Hurst Wffm or City of Van Buren ATTESTED: d APPROVED AS TO FORM: oraCounty, 57 zg�o� Shawnna Re no ds Jacob Howell Clerk/Treasurer City Attorney ATTACHMENT "A" C-2 Zoning District Height Amendment Section 14.04.51(3) 14.04.51 — C-2 Thoroughfare Commercial District. 3. Height Maximum height of a structure shall be two stories and not to exceed 35 feet. Exception: A structure shall not be constructed more than the maximum allowable height at the minimum setback lines. However, for each additional foot of horizontal setback more than the minimum from all setbacks, the height may be increased by one foot. (The height of a gabled end of a building shall be measured at the midpoint of the gable instead of the peak of the gable. No building height shall exceed 60 feet without approval of the Board of Zoning Adjustment and the Fire Department. Uity of Van Buren, Arkansas Municipal Complex 1003 Broadway • Van Buren, Arkansas 72956 VAN BUREN CITY COUNCIL MEMORANDUM TO: MAYOR JOE HURST AND CITY COUNCIL FROM: WALLY BAILEY, PLANNING DIRECTOR SUBJECT: AMENDMENTS TO THE HEIGHT ALLOWANCE FOR STRUCTURES IN THE C-2 ZONING DISTRICT DATE: MAY 18, 2026 We recently reviewed a height variance request for a new hotel. At the time the Planning Commission discussed the need to amend the height allowance in C-2 zoning districts. After looking at other ordinances and discussing options with the Fire Department staff, the Planning Commission agreed on a proposed amendment to the code. The proposal will be a simple formula that allows for a one foot of height increase for each one foot from all the minimum setbacks. The proposed hotel would have met these criteria without a variance being required. This is the proposed amendment with all new language highlighted: 14.04.51 —C-2 Thoroughfare Commercial District. (3). Height Maximum height of a structure shall be two stories and not exceed 35 feet. Exception: A structure shall not be constructed more than the maximum allowable height at the minimum setback lines.However, for each additional foot of horizontal setback more than the minimum from all setbacks,the height may be increased by one foot. (The height of a gabled end of a building shall be measured at the midpoint of the gable instead of the peak of the able_ No building height shall exceed 60 feet without approval of the Board of Zoning Adjustment and the Fire Department. The Planning Commission held a public hearing on this amendment at their May 5, 2026, meeting. The members of the Planning Commission present at the meeting on May 5, 2026, voted unanimously to recommend this amendment to the City Council. Please let me know if you need any additional information on this subject before the meeting.