ORD NO 09-2003 w
CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. et -2003
AN ORDINANCE TO AMEND ORDINANCE NO. 7 -1963 FOR THE PURPOSE
OF COMPLYING WITH STATE LAW REGARDING THE REGULATION OF
MANUFACTURED HOMES.
WHEREAS, The Arkansas Legislature recently passed the Affordable Housing
Accessibility Act, codified at A.C.A. §14 -54 -1601 et seq., which
regulates local regulation of manufactured homes; and
WHEREAS, That current Ordinances are in conflict with the new act and are in
need of revision; and
WHEREAS, A Public Hearing has been held as required by law and the
Planning Commission has recommended said revisions to the Van
Buren City Council for approval;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VAN BUREN, ARKANSAS:
SECTION 1: THAT Article II of Ordinance No. 7 -1963 is amended to add the
following definition:
"Manufactured home. A dwelling unit constructed in a factory in
accordance with the Federal Manufactured Home Construction and
Safety Standards promulgated by the United States Department of
Housing and Urban Development under the authority of 42 U.S.C.
5410 et seq. as it existed on January 1, 1976, and meeting the
definitions set forth in said federal standards and under Arkansas
Code 20 -25- 102."
SECTION 2: THAT Paragraph 8 of Article II of Ordinance No. 7 -1963 is
amended to read as follows:
"Mobile Home. A dwelling unit constructed in a factory before the
enactment of the Federal Manufactured Home Construction and
Safety Standards promulgated by the United States Department of
Housing and Urban Development under the authority of 42 U.S.C.
5410 et seq. as it existed on January 1, 1976."
SECTION 3: THAT Paragraph 5 of Article II of Ordinance No. 7 -1963 is
amended to read as follows:
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0 "Dwelling. A unit intended to be occupied as a housekeeping unit
other than a manufactured home."
SECTION 4: THAT Section 1 of Article III of Ordinance No. 7 -1963 is
amended to read as follows:
"SECTION I. Classification of Districts. For the purpose of this
Ordinance, Van Buren, Arkansas, has eleven (11) zoning districts
designated as follows:
R -1 Single Family Residential District
R -2 Two Family Residential District
R -3 Multi- Family Residential District
R -4 Mobile Home District
R -5 Single Family and Manufactured Home Residential District
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
0-1 Open Area Zone"
SECTION 5: THAT Part B of Section 3A of Article V of Ordinance No. 7 -1963
is amended to add "Manufactured Homes" to the list of permitted
uses.
SECTION 6: THAT Number 2 of Part B of Subsection 3 -A of Section 3A of
Article V of Ordinance No. 7 -1963 is amended to read as follows:
Mobile Home. A dwelling unit constructed in a factory before the
enactment of the Federal Manufactured Horne Construction and
Safety Standards promulgated by the United States Department of
Housing and Urban Development under the authority of 42 U.S.C.
5410 et seq. as it existed on January 1, 1976."
SECTION 7: THAT Article V of Ordinance No. 7 -1963 is amended to add the
following provision after Section 3A:
"R -5 SINGLE FAMILY RESIDENTIAL DISTRICT
1. Permitted Uses
a. One family dwellings
b. Manufactured homes that are permanently installed
on a lot in a manner which is in compliance with
current United States Department of Housing and
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Urban Development guidelines for Manufactured
Home foundations
c. Churches
d. Park, Playgrounds, etc.
e. School offering a general education course
f. Kindergartens (public or private)
g. Hospital, nursing homes, doctors and dental clinics
h. Accessory structures and use pertinent to the
principal structure and use.
2. Lot Area
Minimum 7,000 square feet for first unit.
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 71/2 feet from each property
line. EXCEPTION: One open attached carport
may be constructed to within five feet of one side
yard boundary.
c. Side Yard Street: Fifteen feet from street property
line or 35 feet from center line of existing right -of-
way, whichever is the greater.
d. Rear Yard: 20 feet from property line or center of
alley, whichever is greater.
4. Width
Minimum width of a lot at the front yard line or building
line shall be 60 feet for one family dwelling.
5. Height
Maximum height of a structure shall be two stories and not
to exceed 35 feet.
6. On -Lot Parking Space
One on -lot parking space shall be provided for each 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 office.
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 assembly shall provide one on -lot parking
space per each six persons accommodated in the
assembly hall."
SECTION 8: THAT Section 3 -B of Article V of Ordinance No. 7 -1963 is
hereby repealed.
SECTION 9: THAT any prior Ordinance or parts of Ordinances which are in
conflict with this Ordinance are hereby repealed and shall be null
and void.
SECTION 10: THAT this ordinance being necessary for the preservation of
public peace, health, and safety shall be in full force and effect
from the date of its passage.
PASSED AND APPROVED THIS le DAY OF SEPTEMBER, 2003.
MAYWQMOR
ATTESTED:
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CITY CLERK/TREASURER
pµuH1 C I C (eAL