No preview available
 /
     
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: 0 AI 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 0 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: n AAA dA, CITY CLERK/TREASURER pµuH1 C I C (eAL