ORD NO 06-2020 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO.04 -2020
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 (AS
AMENDED) TO ESTABLISH PROCEDURES REGARDING
PERMITS AND REGULATIONS FOR THE INSTALLATION OF
ACCESSORY STRUCTURES WITHIN THE CITY OF VAN
BUREN,ARKANSAS,AND DECLARING AN EMERGENCY.
WHEREAS, the City adopted Ordinance 07-1963 relating to the zoning laws of the city of Van
Buren, providing definitions, general provision; 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, it has been determined by the City Council that there is a need to revise various
sections of the ordinance to allow for a procedures governing the permitting and
installation requirements for accessory structures; and
WHEREAS, notice of a Public Hearing was duly published,and a Public Hearing was conducted
by the Van Buren Planning Commission to consider these proposed amendments;
and
WHEREAS, the proposed changes herein were recommended by a majority vote of the entire
Planning Commission.
NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY
COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT:
SECTION 1: Article IV of Ordinance No. 07-1963, is amended to add a new Section 9 to read
as follows:
SECTION 9. Accessory Structures
1. Definition: Accessory building or structure shall mean a building or
structure that is incidental and subordinate to and serves a principal building
or principal use and is located on the same site as the principal building or
principal use. Accessory buildings or structures may be permanent or
portable. Examples of an accessory building or a structure include site built
or prefabricated buildings, shipping or cargo containers, and similar
structures but does not include portable play equipment and containers or
temporary buildings used on a construction project.
Buses,mobile homes,manufactured homes,RV's,motor vehicles or trailers
must comply with all applicable city ordinances. The proposed conversion
of one of these to an accessory structure will require a conditional use permit
from the Planning Commission.
The requirements of this section do not apply to towers permitted by the
commercial communication tower provisions of this ordinance.
2. Timing: No accessory building or structure shall be erected or placed on
any property prior to the issuance of the building permit for the principal
structure, unless the accessory structure shall have been approved by the
Planning Commission as a conditional use.A building permit is required for
any accessory building or structure and the minimum building permit fee
shall be based on the currently approved building permit fee schedule with
a minimum fee of$20.00.
3. Height: An accessory building or structure on residential property shall not
exceed the height of the principal structure or the permitted height limits of
the zoning district, whichever is less. A commercial or industrial accessory
building or structure shall comply with the requirements of the zoning
district.
4. Setbacks: The accessory building or structure shall comply with the
required minimum setbacks of the zoning district. Accessory buildings or
structures cannot be located in easements.No residential accessory structure
shall extend closer to a street right of way line than the principal structure.
5. Separation: Accessory buildings or structures shall be setback ten(10) feet
from a principal or accessory building or structure unless this code or the
Fire Code requires a greater separation.
6. Size of Accessory Structures(s): The cumulative total area of all
residential accessory buildings or structures shall not exceed 90% of the
covered roof area of the principal building. Accessory buildings or
structures in commercial or industrial zoning districts shall comply with the
lot coverage requirements of this code, the Fire Code or other applicable
codes.
7. Compliance with Codes: Any electrical,mechanical or plumbing installed
in an accessory building require the necessary permits and inspections to
insure compliance with those respective codes.
8. Restrictive Covenants: Nothing in this Ordinance shall be construed as to
allow an accessory building or structure which would otherwise violate the
restrictive covenants of the subdivision, or other restrictions on use in the
chain of title, of the principal structure.
SECTION 2: Conflicts: All Ordinances or parts of Ordinances of the City of Van
Buren in conflict herewith are hereby repealed.
SECTION 3: Severability: 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: Emergency Clause: The passage and approval of these amendments to
the Van Buren Ordinance 07-1963,as amended,will protect the City and
its neighborhoods by the immediate implementation of regulations
governing accessory structures. Therefore, an emergency is declared to
exist and this Ordinance, being necessary for the preservation of the
public health, safety and/or welfare shall be in full force and take effect
immediately upon after its passage.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass,
approve, and adopt, by a vote of 6 for and CD against,the foregoing Ordinance at its regular
meeting held on the 24th of February 2020.
/ cf
Joseph) 'st
Mayor
ATTESTED: APPROVED AS TO FORM:
4161
PIiy hs Thomas Can.' .4W117 ettle
City Clerk/Treasurer "rty Attorney
I