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ORD NO 07-1963 i of Van Buren, Arkansas Municipal Complex 1003 Broadway • Van Buren, Arkansas 72956 Ordinance 7— 1 9 Has been AMENDED as of 1_N)t 1P, 5 Please refer to Ordinance Shawnna M. Reynolds City Clerk-Treasurer t, �j r� £A City o Buren, Arkansas Municipal 1003 Broadway • Van Buren, .Arkansas 72956 Ordinance q— (q& 5 Has been AMENDED as of Please refer to Ordinance �� � �'� Shawnna M. Reynolds City Clerk-Treasurer �re ORDINANCE NO. 7-1963 Z CN I NG ORDINANCE FOR VAN BUREN, ARKANSAS AN ORDINANCE RELATING TO THE ZONING LAWS OF THE CITY OF VAN BUREN: PURPOSE, DEFINITIONS, GENERAL PROVISIONS, PROVISIONS GOVERNING ZONING DISTRICTS, EXCEPTIONS AND WOD I F !CATIONS, ENFORCEMENT, BOARD OF ADJUSTMENT, AMENDMENT AND LEGAL STATUS PROVISIONS. BE I T ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: Article 1 Purpose The zoning regulations and districts as herein set forth are enacted to implement in part the land use plan of the City of Van Buren and to promote the health, safety, morals, convenience, order, prosperity, and general welfare of the community; to provide for the establishment of districts within the corporate limit; to regulate within such districts the location, height, bulk, number of stories, and size of buildings and structures, the percentage of lot occupancy, the required open spaces, the density of population, and the uses of land and buildings. These regulations have been made with reasonable consideration, among other things, as to the character of each district and its peculiar suitability for particular uses, and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the city. Article II Definitions Unless otherwise stated, the following words shall, for the purpose of this Ordinance, have the meaning herein indicated. 1. Accessory use or building. A use or building customarily incident and subordinate to the actual principal use or building and located on the same lot with such actual principal use or building. 2. Alley. A public way not over 20 feet in width. 3. Area. This term refers to the amount of land surface in a lot or parcel of land. 4. Area Requirements. The yard, lot area, width of lot, height of structure, and parking requirements as set forth for a specific zone in this Ordinance. 5. Dwelling. A unit intended to be occupied as a housekeeping unit. 6. Family. One or more persons occupying premises and living as a single, non profit housekeeping unit. A family shall be deemed to include the necessary servants. 7. Lot. Land occupied or to be occupied by a structure or use and its accessory structures and uses, and including such open spaces asare required under this ordinance and having its principal frontage upon a public street or officially approved place. 8. Mobile Home. Any vehicle or similar portable structure originally having no foundation other than wheels, jacks or skirtings and so designed or constructed as to permit occupancy for dwelling or sleeping purposes. 9. Non conforming. That use or structure which does not meet the requirements of the zone in which the use or structure is located at the time of the effective date of this Ordinance. 10. Non conforming use of land. That use of land which does not -onform to the permitted uses of land in the zone in which it is located and which does not utilize a principal or permanent structure. 11. Non conforming use of structure. That use of a structure which does not conform to the permitted use of structures of the zone in which it is located. 12. Non— conforming structure. That structure which by its nature is not intended for uses permitted within the zone in which it is located and /or that structure which does not conform to the area requirements of the zone in which if is located. 13. Open space. Any unoccupied space on the lot that is open and unobstructed to the sky and occupied by no structures or portion of structures whatever. 14. Parking space. Two hundred and fifty (250) square feet of useable and accessible space. —2— 15. Pr inc ipa l use. The chief or main recognized use of a structure or of land. 16. Property line. The line bounding a lot as defined herein. 17. Story. That portion of a structure included between the upper surface of any floor and upper surface of the floor next above; also any portion of a structure used for human occupancy between the topmost floor and the roof. A basement shall not be counted as a story unless the height of the surface of the first floor above the average elevation of the finished lot grade at the structure exceeds 4 feet. 18. Street. A public way of more than 20 feet established by or maintained under public authority, a private way open for public use, and a private way plotted or laid out for ultimate public use, whether or not constructed. 19. Structure. Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, wail, fences, billboards, and poster panels. 20. Yard. The horizontal distance from a lot line to e parallel designated line. A yard is an open and unoccupied space extending the full distance of the lot. Article 111 Establishment of Districts Section 1. Classification of Districts. For the purpose of this Ordinance, Van Buren, Arkansas had seven (7) zoning districts designated as follows: R —I Single Family Residential District R -2 Two Family Residential District R -3 Multi Family Residential District C -1 Central Commercial District C -2 Thoroughfare Commercial District 1 —I Light Industrial District 1 -2 Heavy Industrial District —3— Section 2. Boundaries of Districts I. The boundaries of the zoning districts are hereby established as shown on the map entitled "Zoning fvllap of the City of Van Buren, Arkansas, dated November, 1960, which is a part of this Ordinance and which is on file in the office of the City Clerk. 2. Unless otherwise indicated on the Zoning Map, the district boundaries are lot lines, the center lines of streets or alleys or a specified distance therefrom, railroad rights -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 Board of Adjustment. 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 Board of Adjustment shall interpret the boundaries. 4. Where a district boundary line divides 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 a 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, the Board of Adjustment 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 (of must have its principal frontage on the predominantly (51% or more) commercial street. -4- Article IV General Provisions For the purpose of this Ordinance there sha I I be certain general provisions which shall apply to fhe City as a whole as follows Section I. Use of Buildings and Land. No building or land shall hereafter be used and no building or part thereof shall be erected, moved, or altered unless for a use expressly permitted by and in conformity with the regulations herein specified for the district in which it is located. Section 2. Non- conforming Uses. Any lawful use of buildings or land existing at the time of the enactment of this Ordinance but not in conformity with its provisions may be continued, subject to the following limitations: I. A non conforming use of land a. Shall not be changed unless changed into a conforming use. b. Which shall cease for a continuous period of more than one year shall be deemed discontinued and any use thereafter established must be in conformity with this Ordinance. c. Shall not be continued for more than three years from date of adoption of this Ordinance or after effective date of annexation. d. In all other use districts may be continued until deemed permanently discontinued. 2. A non conforming use of structure- a. May be continued and is subject to such regulations as to the maintenance of premises and conditions of operations as may be required for the protection of adjacent property as approved by the Board of Adjustment. b. May be extended to any portion of a structure arranged or designed for such non- conforming use at the time of passage of this Ordinance. c. May be changed to a similar use if no structural changes are necessary. d. Once changed to a conforming use, all new uses shall be conforming uses. 3. A non conforming structure- a. May, with the approval of the Board of Adjustment, be remodeled to maintain fhe premises in a safe and useable condition regardless of use of structure. -5- b. May, with the approval of the Board of Adjustment, be added to if said addition meets the area require- ments of the zone district in which the structure is located, provided said use of structure is in con- formance with this Ordinance. IIII 4. Any use of a structure not permitted or any structure not intended for the uses permitted may not be rebuilt or re- established if damaged in excess of two- thirds of its replacement value as determined by the County Assessors if damaged less than two thirds of ifs value, the structure may be rebuilt, restored and used as before, provided fhaf restoration or reconstruction is completed within 12 months of such happening. Section 3. Principal Building on Lof 1. In residential districts only one principal building and its customary accessory buildings may hereafter be erected on any lot unless otherwise provided in this Ordinance. 2. The equipment of an accessory building with sink, cook stove, or other kitchen facilities for the independent occupancy thereof other than by servants or guests shall be considered evidence that such building is not an accessory building but a separate dwelling and must meet all minimum lot requirements of the district in which it is located. Section 4. Reduction of Lot Area or Yard Requirements 1. No lot shall be reduced in area so that yards, lot area per family, lot width, building area, or other requirements of this Ordinance are not maintained. This section shall not apply when a portion of a lot is acquired for a public purpose. 2. No yard or lot area requirements for buildings existing at the time of the passage of this Ordinance shall be considered as yard or lot area requirements for any other building. Section S. Zoning of Annexed Territory. All territory which may hereafter be annexed to the City shall be governed by and subject to the requirements of R -I Single Family Residential Dis- trict until such time as the Zoning Map shall have been amended to authorize other use or uses for the newly annexed territory. -6- Section 6. Off- street Loading and Unloading Space. Every building or structure hereafter constructed for commercial or industrial uses shall provide space for the loading and unloading of vehicles off the street or public alley. The adequacy of such space shall be determined by the City Building Inspector. Section 7. Visual Clearance Requirements. i No lot facing an intersecting street shall be occupied by hedges, tall plantings, fences or structures which will obstruct vision for drivers of automobiles and similar modes of transportation. Such plants or structures shall not be permitted within fifteen (15) feet of an intersecting street corner. Article V Provisions Governing Zoning Districts Section 1. R -I Single Family Residential District 1. Permitted Uses a. Detached one family dwellings b. Churches c. Schools offering a general education course d. Library e. General purpose farm, garden or nursery f. Private club not conducted for profit g. Municipal recreation or water supply use h. Accessory structures and uses pertinent to the principal structure and use 2. Lot Area One family dwelling: Minimum 8,500 square feet. 3. Yard Requirements a. Front yard: 25 feet from property line or 50 feet from center line of existing right -of -way, whichever is greater. b. Side yard: minimum 10 feet from each property line. Exception: open attached car port may be constructed to within five feet of one side yard boundary. c. Side yard street: same as front yard. -7- d. Rear yard: minimum of 20 feet from property line or center of alley where one exists. 4. Width Minimum width of a lot at the front yard line or building line sha I I be 66 feet for one family dare I I ings. 5. Height No building shall be more than 35 feet in height nor shall contain more than two and one -half stories, whichever is greater. 6. On -lot Parking Space One family: one on -lot parking space shall be provided. 7. Places of Public Assembly a. Height Maximum height shall be two stories and not to exceed 35 feet for that portion of the structure uti I ized for assembly or offices. b. Yard Requirements Min imum of 25 feet from a I I property lines. On property abutting a street, 25 feet from property line or 50 feet from center of street, whichever is greater. c. On -lot Parking Places of public assembly shall provide one on -lot parking space per each six persons accommodated in the assembly hall. Section 2. R -2 Two Family Residential District I. Permitted Uses a. One family dwellings b. Two- family dwellings -8- c. Churches d. Parks, playgrounds, etc. e. Schools offering a general education course f. Kindergartens (public or private) g. Hospitals, nursing homes, doctor and dental clinics, etc. h. Accessory structures and uses pertinent to the principal structure_ and use. 2. Lot Area a. One family: minimum 7,000 square feet for first unit b. Two— family: minimum 9,000 square feet 3. Yard Requirements a. Front yard: 25 feet from property line or SO feet from center line of existing right —of —way, whichever is greater. b. Side yard: minimum 10 feet from each property line. Exception: Open attached car port may be constructed to within five feet of one side yard boundary. c. Side yard street: Same as front yard. d. Rear yard: minimum of 20 feet from property line or center of alley where one exists. 4. Width Minimum width of a lot at the front yard line or building line shall be 60 feet for one family dwelling and 75 feet for two— family dwellings. 5. Height Maximum height of a structure shall be two stories and not to exceed 35 feet. 6. On —lot Parking Space One family and two family: One on —lot parking space sha l l be provided for each family unit. —9— 7. Places of Public Assembly a. Height Maximum height shall be two stories and not to exceed 35 feet for that portion of the structure used for assembly or offices. b. Yard Requirements Min imum of 25 feet from all property lines. On property abutting a street, 25 feet from property line or 50 feet from center of street, whichever is greater. c. On -lot Parking Places of public assembly shall provide one on -lot parking space per each six persons accommodated in the assembly hall. Section 3. R -3 Multi Family Residential District 1. Permitted Uses a. One family dwel I ings b. Two family dwe I I ings c. Mu I t i- family dwe l I ings not to exceed four units per each detached structure d. Churches e. Parks, playgrounds, etc. f. Schools offering a general education course g. Kindergartens (public and private) h. Hospitals, nursing homes, doctor and dental clinics, etc. i, Accessory structures and uses pertinent to the principal structure and use. 2. Lot Area a One-family: m i n i m u m 5, 500 square feet for f i r s t u n i t b. Two- family: minimum, 7,000 square feet c. Multi family 7,000 square feet for the first two- family units plus 1,500 square feet for each addi t iona l unit to a maximum of four units per structure —10— 3. Yard Requirements a. Front yard: 20 feet from property line or 40 feet from center line of existing right —of —way, whichever is greater. b. Side yard: minimum 7* feet from each property line. c. Side yard street: same as front yard. d. Rear yard: minimum of feet from property line or center of alley where one exists. 4. Width Minimum width of a lot at the front yard line or building line shall be 50 feet for one family dwelling and 60 feet for two family dwelling. For each additional unit over one, an additional 10 feet shall be added to minimum width requirement for two family dwel I ings. 5. Height Maximum height of a structure shall be two stories and rrof to exceed 35 feet. 6. On —lot Parking Space a. One family and two family: one on —lot parking space shall be provided for each family unit. b. Multi family: four on —lot parking spaces shall be provided for the first two— family units, plus one on—lot parking space for each additional family unit. 7. Places of Public Assembly a. Height Maximum height shall be two stories and not to exceed 35 feet for that portion of the structure used for assembly or offices. —11— b. Yard Requirements Minimum of 25 feet from all property lines. On property abutting a street, 25 feet from property line or 50 feet from center of street, whichever is greater. c. On -lot Parking Places of public assembly shall provide one on -lot parking space per each six persons accommodated in the assembly hall. Section 4. C -I Central Commercial District 1. Permitted Uses a. Retail establishments providing goods and services such as grocery, drug, hardware, variety stores and similar uses, and hotels, motor hotels, restaurants. b. Office and bank buildings and uses. c. Processing and manufacturing that by reason of operation are not a nuisance in respect to noise, odor, dust, vibration, etc. d. Wholesa I ing and warehousing. e. Bulk storage of non combustible materials. f. Automotive service, repair and storage, provided that wrecked or salvage vehicles are stored inside a building or are enclosed by a solid fence and are not visible to the public from the street or sidewalk. 2. Height Maximum height of a structure shall be three stories and not to exceed 48 feet. 3. Rear Yard Minimum: 20 feet from property line or center of a l ley where one exists. -12- 4. Loading and Unloading Loading and unloading facilities shall be provided so as not to block any public way. 5. Fire Limits Land in the Central Business District shall be included within the fire limits of the City of Van Buren, Arkansas. Section 5. C -2 Thoroughfare Commercial District 1. Permitted Uses a. Retail establishments providing goods or services b. Office buildings and uses. c. Automotive service, repair and storage provided that wrecked or salvage vehicles are stored inside a building or are enclosed by a solid fence and are not visible to the public from the street or sidewalk. d. Motels, tourist courts, mobile home parks, etc. e. Veterinarian clinics. 2. Street Yard Requirements Minimum of 25 feet from all street property lines or 50 feet from center line of existing right -of -way whichever is greater. 3. Height Maximum height of a structure shall be one story and not to exceed 20 feet. 4. On -lot Parking Space a. On -lot parking facilities shall be provided all employees. b. Provisions shall be made for on -lot and customer parking to handle normal anticipated demand. c. Motels, tourist courts, mobile home parks, shall provide one on -lot parking space for each sleeping unit or mobile home space. 5. Loading and Unloading Loading and unloading facilities shall be provided so as not to block any public way. -13- 6. Mobile Home Park a. Definition: Mobile home park means any plat of ground upon which two or more mobile homes, occupied for dwelling or sleeping purposes, are located, regardless of whether or not a charge is made for such accommodation. b. A mobile home space means a plat of ground within a mobile home park designed for the accommodation of one mobile home. c. The mobile home park shall conform to the following requirements: (1) The park shall be located on a well drained site, properly graded to insure rapid drainage and freedom from stagnant pools of water. (2) Mobile home spaces shall be provided consisting of a minimum of 1,500 square feet for each space which shall be at least 30 feet wide and clearly defined. (3) Mobile homes shall be so harbored on each space that there shall be at least a 15 foot clearance between mobile homes. (4) All mobile home spaces shall abut a driveway of not less than 20 feet in width, which shall have unobstructed access to a public street. (5) Each mobile home park shall provide service buildings to house such toilet, bathing and other sanitation facilities and such laundry facilities as the city may specify. (6) An electrical outlet supplying at least 110 volts shall be provided each mobile home space. Section 6. 1 -1 Light Industrial District 1. Permitted Uses a. The manufacturing, compounding, processing, packaging or assembling of those products that will require the smaller sized, cleaner and more quiet industries a n d w i l l involve a minimum of noise, dust, odor, or vibrations. —14— b. The storage of bulk materials that will not endanger the health, safety and general welfare of the people. c. retail uses that are accessory to the above operations and other essentially similar uses such as animal hospitals, repair shops, transportation terminals, wholesale outlets, farm machinery sales, laundries, lumber yards, restaurants, and service stations. 2. Residential Use Prohibited No structure may be constructed or altered for residential use. 3. Area Lot coverage: no structure may cover more than 33 -1/3 per cent of the lot area. 4. Yards a. All structures shall be built at least 25 feet from all property lines. b. Where property abuts a railroad where siding facilities are utilized, structures may be built up to the railroad property line. 5. Height a. Maximum height of a structure shall be two stories and not to exceed 30 feet. b. The Board of Adjustment may waive the height requirements when it is demonstrated that the equipment and the structure to house the operation require greater height. 6. On -lot Parking Adequate on -lot parking space shall be provided for all employees and visitors. -15- 7. On —lot Loading and Unloading Facilities Each structure or use shall provide on —lot loading and unloading facilities wh ich will not block a street, a lley, or other public way. Section 7. 1 -2 Heavy Industrial District 1. Permitted Uses a. All uses permitted in I -1 except eating establishments and reta i 1 food stores. b. The manufacture of heavy, raw products and those operations that are generally objectionable to res ident is I and bus iness _,ses, including an ima I and pwl try s laughter, foundr ies, saw mi I 1 s and junk yards. 2. Uses Prohibited Any industry, use or activity determined by the State Health Off ice to be excessively injurious, noxious, offensive or hazardous by reason of the emission of odor, dust, fumes, smoke, noise or vibration. 3. Residential Use Prohibited No structure may be constructed or altered for residential use. 4. Other requirements Lot coverage, yard, he ight, park ing and loading and unloading requirements as provided in 1 -1, 3 through 7 inclusive. 3' —16— Article VI Exceptions and Modifications Section I. Lot of Record prior to Adoption of Ordinance. Any lot of record in a residential district which has been under one continuous ownership since the adoption of this Ordinance, but which does not meet the yard width or area requirements of the Ordinance, may be used as a building site for a single family structure. Section 2. Front Yards. The front yard requirements of this Ordinance for res ident is l uses sha I I not apply to any lot where the adjoining developed Tots with principal buildings are within one hundred (100) feet of the lot and are within the same block and zoning district, are fronting on the same side of the street and where the average depth of the front yards of such lots is either Tess or more than the minimum required front yard depth. In such case, the minimum front yard shall be the average of the existing front yard depths of the adjacent developed lots with residential buildings. Section 3. Group Housing Projects. In the case of a group housing project of two or more buildings to be constructed on a plot of ground not subdivided or where the existing or contemplated street and lot layouts make it impracticable to apply the require— ments of this Ordinance to the individual building units in such housing projects, the applications of the terms of this Ordinance may be varied by the Board of Adjustment in a manner that will be in harmony with the character of the neighborhood. The variance sha I I insure substantia 1 1y the same character of occupancy and an intensity of land use no higher and a standard of open space no lower than that permitted by this Ordinance in the district in which the proposed project is located. However, in no case shall the Board of Adjustment authorize a use prohibited in the district in which the project is located, or a smaller lot area per family than the minimum required in such district or a greater height or a larger coverage than the requirements of this Ordinance permit in such district. Article VII Enforcement Section 1. Enforcing Officer. The provisions of this Ordinance shall be administered and enforced by a building inspector or other official appointed by the Mayor and the City Council who shall have —17— the power to make inspection of buildings or premises necessary to carry out his duties in the enforcement of this Ordinance. Section 2. Building Permits and Certificates of Occupancy. I. Building Permit Required If 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 buildings, until the Building Inspector has issued a building permit for such work. 2. Issuance of Building Permit When applying to the Bu i Iding Inspector for a building permit, the applicant shall submit a plat and /or plans in duplicate drawn to scale, showing the actual dimensions of the lot to be built upon, the size, height, and location on the lot of all buildings to be erected, altered, or moved and of any building already on the lot. The applicant still also state the existing and intended use of all such buildings and supply such other information as may be required by the Building Inspector for determining whether the provisions of this ordinance are being observed. If the proposed excavation is in conformity with the provisions of this ordinance and with other ordinances of the City of Van Buren now in force, the Building Inspector shall issue a building permit for such excavation or construction. If a building permit is refused, the Building Inspector shall state such refusal in writing with cause. a. The issuance of a permit shall in no case be construed as waiving any provisions of this Ordinance. b. A building permit shall become void six months from the date of issuance unles work has been started on the project described therein. c. A building permit shall become void twenty —four (24) months from the date of issuance unless the construction work has been completed and a certificate of occupancy has been issued on the property described therein. —18— 3. Certificate of Occupancy A certificate of occupancy shall be applied for, coincident with the application for a building permit and shall be issued within ten (10) days after the erection or structural alteration of such building has been completed in conformity with the provisions of these regulations. If such certificate is refused, the building inspector shall state such refusal in writing with the cause. No land, or building, or part thereof,•erected or altered hereafter in its use or structure, shall be used until the building inspector shall have issued a certificate of occupancy 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 or other ordinance of the City. 4. Records A complete record of all certificates, plats and plans shall be maintained in the office of the Bu i Iding Inspector for inspection or use by the public. Copies reproduced at the applicantts expense, shall be furnished on request to any person having a proprietary or tenancy interest in the building affected. A fee of one dollar ($1.00) sha l l be charged for an original certificate of occupancy and fifty cents (50/) for copies of any original certificate of occupancy. Section 5. Violation Penalty. Any person, firm, or corporation violating or not complying with any provision of this Ordinance shall be guilty of a misdemeanor and upon conviction shall be fined not Tess than twen fy -five (25.00) dollars nor more than one thousand dollars ($I,000.00). Each day such violation exists shall constitute a separate offense. Article VIII Board of Adjustment Section I. 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 consist of three (3) members, one of whom may be a member of the planning commission, -19- to be appointed by the Mayor and confirmed by the City Council. All members of said Board shall serve without pay. The term of membership shall be five years. Vacancies shall be filled for the unexpired term of any member in the same manner as original appoint— ments. The Board shall meet and organize annually to elect its own chairman and vice—chairman, each of whom sha I I serve for one year or until his successor duly qualifies. The Mayor shall appoint a secretary who shall hold office during the will and pleasure of the Mayor and who shall receive such compensation from the City as may be fixed from time to time by the City Council of the City of Van Buren. Section 2. 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 meeting each 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 Inspector 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 sha l I be necessary to reverse any order, requirement, decision, or determination of any administrative officer or 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 shall attend each meeting of the Board and shall make available all plans, specifica— tions, plats and papers relating to any case before the Board for consideration. Section 3. Appeals 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 in 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 —20— application for variation; such notice shall be published at least once, not less than ten (10) 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 the Building Inspector giving the date and place of the public hearing and what the appeal or variance consists of, fifteen (15) days before the date of 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. The applicant shall be required to pay a filing fee of ten dollars ($10.00) to cover the cost of publishing and mailing notices and such other expenses as may be incurred in connection with such appeal or application. Section 4. Expiration of Permits 1. No order of the Board permitting the erection or alteration of a building shall be valid for a period longer than sixty (60) days unless a building permit for such erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit. 2. No order of the Board permitting a use of the building or premises shall be valid for a period longer than sixty (60) days unless such use is established within this period; provided, however, that where such use permitted is dependent upon the erection or alteration of a building, such order shall continue in force and effect, if a building permit for said erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of the permit. Section 5. Powers. The Board of Adjustment shall have the following powers: 1. Adrnin i strat ivc Review To hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirements, permits, decision, determination or refusal made by the -21- enforcement officer or other administrative official in the carrying out or enforcement of any provision of this Ordinance. 2. Special Exceptions To hear and decide applications for special exceptions upon which the Board of Adjustment is specifically authorized to pass. 3. Variance To hear and decide applications for variance from the terms of this Ordinance in cases where a specific piece of property characterized by exceptional narrowness, shallowness or shape was a lot of record at the time of adoption of this Ordinance; or where, by reason of exceptional topographic conditions or other extraordinary or exceptional situations or conditions of a piece of property; provided that such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this ordinance as specifically authorized in Article VI, Sections I and 3. Section 6. Appeal from Decision of the Board. Appeal from the decision of the Board of Adjustment shall be to a court of record having jurisdiction within thirty days from the date of the decision of the Board. I. In granting a variance the Board may attach thereto such conditions regarding the location, character and other features of the proposed building, structure or use as it may deem advisable in furtherance of the purpose of this Ordinance. 2. Before any variance is granted it shall be shown that special circumstances are attached to the property which do not generally apply to other property in the neighborhood. —22— Article IX Amendment The City Council may from time to time amend this Ordinance. Members of the City Council or any other official or person may petition for an amendment to the Ordinance, which petition shall first be submitted to the Planning Commission for its report and recommendations. 1. Amendment Procedure for Private Parties a. Fee. Any private party or parties desiring a zoning change shall pay a fee of $25.00 to the City Treasurer fo cover the costs of public notices and related expenses. b. Petition. Any private party or parties desiring an amendment to the Ordinance, upon payment of the above fee, shall submit to the Planning Commission a petition giving the legal description of the property involved and the zoning classification requested for the property. The petition shall also include a statement and diagram explaining why the proposed changes will not conflict with surrounding land uses. c. Public Hearing. Upon receipt of a petition for an amendment, the Planning Commission shall hold a public hearing on the proposed amendment, after: (1) 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 amendment proposed; (2) posting a sign three (3) feet by four (4) feet in size at a conspicuous place on the property, fifteen (15) days prior to the date of the public hearing and on which is set forth the date and place of the hearing and the amendment proposed. d. Action by Planning Commission. Following the public hearing the proposed amendment may be approved as presented or in modified form by a majority of the Planning Commission and recommended for adoption by the City Council, with the reasons for such recommendations stated in writing. —23— If the Planning Commission disapprove a proposed amendment, the reasons for such disapproval shall be given in writing to the petitioner. If the Planning Commission neither approves nor disapproves a proposed amendment within forty —five (45) days after receipt of a petition for amendment, the action on such amendment by said Planning Commission shall be deemed favorable. e. Action by the City Council. The City Council, by majority vote, may by ordinance adopt the recommended amendment submitted by the Planning Commission or may return the proposed amendment to the Planning Commission for further study and recommendation. If the City Council does not concur with the recommenda— tion of the Planning Commission, either as first submitted or as submitted after restudy, the City Council may, by a majority vote, amend this Ordinance by granting the original request for amendment in full or in modified form. f. Appeal by Petition to City Council. Following disapproval of a proposed amendment by the Planning Commission the petitioner may appeal such disapproval to the City Council, provided that the petitioner states specifically in writing to the City Clerk why he considers the Planning Commission's findings and decisions are in error. Such appeal shall be filed with the City Clerk within fifteen (15) days from the date of the Planning Com— mission action. g. Re— petitions for Amendments. No application for zoning amendments will be considered by the Planning Commission within twelve (12) months from the date of final disapproval of a proposed amendment unless there is evidence submitted to the Planning Commission which justifies recons iderat ion. 2. Amendment Procedures for Members of the City Council When members of the City Council desire to initiate amendments to the Ordinance, such proposals shall be referred by resolution to the Planning Commission for study and recommendations. Following public hearing as provided for in 1 —c above, the Planning Commission and City Council shall act in accordance with the procedures set forth in I —d and I —e above. —24— Article X Legal Status Provisions Section I. Conflicting Ordinances Repealed. All Ordinances or parts of Ordinances of the City cf Van Buren in conf I ict herewith including but not limited to the following ordinances are hereby repealed: Section 2. Sevcrability. If any section, clause, provision or part of this Ordinance shall be held invalid or unconstitutional by any court of competent jurisdiction, such section, clause, provision or part shall be deemed severable and separable, and the remainder of this Ordinance shall be and remain in full force and effect. It is hereby declared to be the intent of the City Council that this ordinance would have been passed and adopted had such invalid or unconstitutional provisions, if any, not been included herein. Section 3. Effective Date. This Ordinance being necessary for the preservation of the public peace, health, tole fort, convenience, morals, safety, and welfare of the City of Van Buren, an emergency is declared to exist and this Ordinance shall be in full force from the 'date of its approval. PASSED AND APPROVED by the Mayor and City Council on this 7th day of October I 63. APPROVED: ,'s/ Allen R. Tootha ker Mayor ATTEST: /s/ Geo. L. Crofton City Clerk —25—