ORD NO 11-2007 CITY OF VAN BUREN, ARKANSAS
0 ORDINANCE NO. -2007
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 TO
ESTABLISH "TOWNHOUSE /ZERO LOT LINE" (R -1B)
RESIDENTIAL ZONING DISTRICTS IN THE CITY OF VAN
BUREN, ARKANSAS, AND FOR OTHER PURPOSES
WHEREAS, it has been determined by the city council that there is an immediate need for zoning
districts in the city of Van Buren which allow for the planning, construction and
transfer of Townhouses and Zero lot line Residential dwelling developments; and
WHEREAS, notice of a Public Hearing was duly published and a Public hearing was conducted;
by the Van Buren Planning Commission; and
WHEREAS, the proposed changes herein was recommended by a majority vote of the entire
Planning Commission; and
NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF
0 THE CITY OF VAN BUREN, ARKANSAS, THAT:
SECTION 1: Article III, Section 1, of Ordinance No. 07 -1963 (Van Buren Municipal Code
04.04.01) is amended as follows:
Section 1. Classification of Districts. For the purpose
of this Ordinance, Van Buren, Arkansas, has twelve
(12) zoning districts designated as follows:
R -1 Single Family Residential District
R -1B Townhouse /Zero Lot Line Residential District
R -2 Two family Residential District
R -3 Multi family Residential District
R -4 Mobile Home District (Ord. 5 -1972)
R -5 Single Family and Manufactured Home Residential District
(Ord. 9 -2003)
C -1 Central Commercial District
C -2 Thoroughfare Commercial District
I -1 Light Industrial District
I -2 Heavy Industrial District
G -1 Government and Public Use Zone (Ord. 13 -1974)
0 -1 Open Area Zone (Ord. 12 -1975)
0 SECTION 2: That Article V of Ord. No. 7 -1963 (Van Buren Municipal Code 04.04.01) shall be
amended to add Section 1 -B which new section shall read as follows:
"SECTION 1 -B: R -1B Townhouse /Zero Lot Line Residential District
The provisions of this zoning classification shall be the same as the provisions
governing Section 1, R -1 Zones, with the following exceptions and /or additional
requirements:
1. Permitted Uses: Townhouses and zero lot line dwellings
2. Definitions:
a. Zero lot line Single family residences which have a zero lot line lot
configuration.
b. Townhouse: Single family residences which have either a townhouse
design or a condominium ownership regime.
3. Minimum Lot Area: 2,200 square feet for townhouses and 5,000 square feet
for zero lot line dwellings. The total building coverage shall not exceed sixty
percent (60 of the lot area.
4. Minimum Lot Width: Minimum width of 22 feet for townhouses and 50 feet
for zero lot line dwellings.
5. Yard Requirements:
a. Front Yard: 20 feet from property line or 45 feet from centerline of
existing right -of -way; whichever is greater.
b. Side Yard: On zero lot lines lots, there shall be a +0 7.5 foot
minimum setback and at least 15 feet between adjacent buildings.
Corner lots shall have a 15 feet minimum set back. None for
townhouses except that on corner lots the minimum side yard shall be
20 feet. When an end unit of a townhouse does not side on a street,
an open space of at least 20 feet in width shall be provided between
any adjacent structure.
c. Rear Yard: 20 feet for townhouse and zero lot line houses. However,
spaces may be used for open carports.
6. Off Street Parking: A minimum of two parking spaces per dwelling unit.
0 7. Dwelling Units: A minimum of 3 and a maximum of 8 living units shall be
permitted in each row of townhouses.
8. Additional Conditions:
a. Public services and facilities are adequate to serve the zero lot line or
townhouse development;
b. Health, safety, and welfare will not be jeopardized as a result of the
proposed development;
c. Any and all specific conditions deemed necessary by the Planning
Commission to fulfill the above mentioned conditions shall be met
by the applicant
d. Common wall /lot guidelines:.
Zero lot Tine- -the wall of the dwelling located on the zero lot
line shall have no windows, doors, air conditioning units, or
any other type of openings; provided, however, that, atriums
or courts shall be permitted on the zero lot line side when the
court or atrium is enclosed by three (3) walls of the dwelling
unit and a solid wall of at least eight (8) feet in height is
provided on the zero lot line. Said wall shall be constructed of
the same material as exterior walls of the unit. In no case
shall a zero lot line dwelling be built closer than eight (8) feet
from the lot line of a lot not approved for zero lot line
development.
ii Townhouse- -Units shall be constructed up to common side lot
lines without side yards, and no windows, doors, or other
openings shall face a side lot line except that the outside wall
of end units may contain such openings. However, where a
two -story townhouse adjoins a single -story townhouse,
windows may be installed in the second -story wall of the
two -story townhouse.
e. Drainage: A five (5) foot wall maintenance /improvement /drainage
easement shall be provided on the lot adjacent to the zero lot line
property, which, with the exception of walls and fences, shall be kept
clear of structures. The easement shall be shown on the final plat.
Roof overhangs may penetrate the easement on the adjacent lot a
maximum of twenty -four (24) inches, but the roof shall be so
designed that water runoff from the dwelling placed on the lot line is
contained within the easement area. Roofs pitched in the direction of
the zero lot line shall be guttered.
0 f. Fire Wall Specifications: The dwelling wall abutting the zero lot line
or townhouse shall comply with the current building code
requirements.
9. Exclusivity of this Section: Attached zero line and townhouse development
is only allowed pursuant to this ordinance."
SECTION 3: That the passage and approval of these amendments to the Van Buren Zoning
Ordinance will make the zoning laws of the City more versatile and more responsive
to the needs of the City and its citizens. Therefore, an emergency is declared to exist
and this Ordinance, being necessary for the preservation of the public peace, health
and safety, shall be in full force and take effect immediately upon and after its
passage.
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, thp City of Van Buren, Arkansas, by its City Council, did pass,
approve, and adopt, by a vote of for and p against, the foregoing Ordinance at its
meeting held on the 21st day of Mav 2007.
Robert D. Fre•man, •a,•:
ATTESTED:
St/ __-_.7.
Barbie Curtis, City Clerk/Treasurer
.DAS lI ORM:
O
/a 4
N. I vnald -J lcins_ir., City Attorney
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