ORD NO 23-2020 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. a3 -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) FOR
THE PURPOSE OF AMENDING THE PERMITTED AND CONDITIONAL USE
LEGEND
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 correlate the
permitted and conditional land use legend with Ordinance 16-1999, Ordinance 9-
2003, and Ordinance 30-2018 and make other corrections thereto; and
WHEREAS, notice of a Public Hearing was duly published, and a Public Hearing was
conducted by the Van Buren Planning Commission on October 6, 2020, to
consider these proposed amendments; and
WHEREAS, the proposed changes herein were recommended by a majority vote of the entire
Planning Commission; and
NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY
COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, THAT:
SECTION 1: The Permitted and Conditional Use Legend is amended as set forth in attachment
"A"hereto.
SECTION 2: 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,the City of Van Buren,Arkansas,by its City Council, did
pass, approve, and adopt, by a vote of S for and 0 against,the foregoing Ordinance at its
regular meeting held on the 23rd day of November, 2020.
. Hurst
Mayor
ATTESTED: AP VED AS TO FORM:
Phy lh Thomas andice A. Settle
City Clerk/Treasurer City Attorney
"Attachment A"
Van Buren
Permitted and Conditional
Land Use Legend
4,
ri eg M ' N
X = Permitted Use r I N4,74
is is is raT, m ra
++ V •V
C = Conditional Use (must be approved by a) a�i ai = i �i
planning commission) • E E °
a) a! cu a) a) o o `'
OC U U C C 2 0
Detached one family dwelling X X X X X
Manufactured Homes(See Section 3-B) X
Two family dwellings X X C
Multi-family dwellings X C
Churches C C C C X C C CC
Schools offering a general education course X X X X CCCCC
Library X X X CCCCC
General purpose farm,garden or nursery X X X C C C C C C X
Private club not conducted for profit X X X C C C C CC
Municipal recreation or water supply use X X X C C C C C CC
Accessory structures and uses pertinent to the principal structure X X X X X
and use
Parks,playgrounds,etc. C X X C X C C C C C X
Kindergartens(public or private),day care C X X C X CC C C CC
Hospitals,nursing homes,doctor and dental clinics,etc. C CCC X X X X X
Mobile home parks X
Mobile home park accessory and service buildings X
Retail establishments providing goods and services such as grocery, X X C C X
drug,hardware,variety stores and similar uses,and hotels,motor
hotels,restaurants
Office and bank buildings and uses X X CC X
Processing and manufacturing that by reason of operation are not X CGC X
a nuisance in respect to noise,odor,dust,vibration,etc. X X X
Wholesaling and warehousing X C GC X
X X X
Bulk storage and non-combustible materials X C C C X
X X X
Automotive service,repair and storage,provided that wrecked or X X C C X
salvaged vehicles are stored inside a building or are enclosed by a X X
solid fence and not visible to the public from the street or sidewalk
The manufacturing,compounding,processing,packaging or C X X C
assembling of those products that will require the smaller sized,
cleaner and more quiet industries and will involve a minimum of
noise,dust,odor,or vibrations
The storage of bulk materials that will not endanger the health, C C X X C
safety and general welfare of the people
Retail uses that are accessory to the operation and other CC X X C
essentially similar uses such as animal hospitals,repair shops,
transportation terminals,wholesale outlets,farm machinery sales,
lumber yards,restaurants,and service stations
Single mobile homes on a lot where it may be advantageous to the X X
industrial development of the area provided said lot is at least 40
feet by 90 feet
M ` i N u
X = Permitted Use ` ' 1;' `^ , , NI },
73 M I I in
++ 7 ++ .i .- f9 f0 0 O
C = Conditional Use (must be approved ai, ac, a, £ N N I
byplanning commission) a U E E ° v
a a, v °' a o o 73 '^ a
CC CC CC CC CC U V C C 2 O
~The manufacture of heavy,raw products and those ^ C X
operations that are generally objectionable to residential
business uses;including animal and poultry slaughter,
foundries,saw mills and junk yards
Public facilities and utilities X
Home based business C C C C C
On-site real estate sales office C C C C
Indoor Firing Range C C C
Single and two-family residences subject to restrictions X
Recreational Vehicle(RV)Parks C C C
Retail Pharmacy X X X X X
Homeless Shelter/Transitional dwelling C C C
Mini-Storage Facilities C X X
Commercial Communication Towers C C C C C C X X X
Hogs,Goats,Sheep,Cattle and Horses C C C C C C C C C
City of Van _-:•.
1%. Anney
111 North 12''' Street • Van Buren, Arkansas 72956
VAN BUREN CITY COUNCIL MEMORANDUM
TO: MAYOR JOE HURST AND CITY COUNCIL
FROM: WALLY BAILEY, PLANNING DIRECTOR
SUBJECT: ZONING ORDINANCE AMENDMENT—PERMITTED AND
CONDITIONAL USE LEGEND
DATE: NOVEMBER 16,2020
The Permitted and Conditional Use Legend that identifies and specifies the land uses allowed
either by right or by conditional use is in need of several corrections for consistency with other
sections of the Zoning Ordinance, addition of land uses from ordinances that amended the zoning.
code but had not been added to the Legend and to address what appear to be some inaccuracies
for uses within the Industrial Districts. A summary of the proposed amendments follows:
1. Ordinance No. 9-2003 added the R-5 single family residential district. The land uses
approved with the Ordinance were not added to the Land Use Legend. The land uses are
added in the Residential-5 column.
2. Manufactured Homes is a land use added by Ordinance No. 9-2003.
3. Four land use categories that are obvious Industrial land uses are listed as conditional
uses in the Industrial Districts. I propose changing them from conditional use to permitted
uses.
4. Delete motels,tourist courts. This is a duplication of other land use category that permit
hotels,motor hotels and RV parks.
5. Add Commercial Communication Towers as per Ordinance 16-1999 that amended the
Zoning Code.
6. Add Hogs, Goats, Sheep, Cattle and Horses per Ordinance30-2018 that amended the
Land Use Legend.
The Planning Commission held a public hearing on October 6, 2020. Following the public
hearing the Planning Commission voted affirmatively to recommend these amendments to the
City Council.A copy of the land use legend is attached with all the corrections highlighted.
Please contact me if you have any questions.
Van Buren
Permitted and Conditional
Land Use Legend
rl N M dtrl i I N
X = Permitted Use N +�
Ty is is Tois ra 0
C = Conditional Use (must be approved by ate, ate, ate, a m v ` ° L o
planning commission) v v • E E a a ° n
oc oc oc a u u C _ = O
Detached one family dwelling X X X X X
Manufactured Homes(See Section 3-B) X
Two family dwellings X X C
Multi-family dwellings X C
Churches C C C C X C C CC
Schools offering a general education course X X X X CCCCC
Library X X X CCCCC
General purpose farm,garden or nursery X X X C CCCCCX
Private club not conducted for profit X X X C C C C CC
Municipal recreation or water supply use X X X C C C C C CC
Accessory structures and uses pertinent to the principal structure X X X X X
and use
Parks,playgrounds,etc. C X X C X C C C C C X
Kindergartens(public or private),day care C X X C X C C C C CC
Hospitals,nursing homes,doctor and dental clinics,etc. C CC C X X X X X
Mobile home parks X
Mobile home park accessory and service buildings X
Retail establishments providing goods and services such as grocery, X X CC X
drug,hardware,variety stores and similar uses,and hotels,motor
hotels,restaurants
Office and bank buildings and uses X X CC X
Processing and manufacturing that by reason of operation are not X GCC X
a nuisance in respect to noise,odor,dust,vibration,etc. X X X
Wholesaling and warehousing X GC C X
X X X
Bulk storage and non-combustible materials X GGC X
X X X _
Automotive service,repair and storage,provided that wrecked or X X CC X
salvaged vehicles are stored inside a building or are enclosed by a X X
solid fence and not visible to the public from the street or sidewalk — —
Metel-srteurist-eew-ts C X C C C
The manufacturing,compounding,processing,packaging or C X X C
assembling of those products that will require the smaller sized,
cleaner and more quiet industries and will involve a minimum of
noise,dust,odor,or vibrations
The storage of bulk materials that will not endanger the health, C C X X C
safety and general welfare of the people
Retail uses that are accessory to the operation and other CC X X C
essentially similar uses such as animal hospitals,repair shops,
transportation terminals,wholesale outlets,farm machinery sales,
lumber yards,restaurants,and service stations
Single mobile homes on a lot where it may be advantageous to the X X
industrial development of the area provided said lot is at least 40
feet by 90 feet
U
X = Permitted Use � M Cr
N
' N `I ;' r, N
TO is S co io is 1 N r-1
C = Conditional Use (must be approved CD W v N u I
by planning commission) ° '0 ?' E E °
a 41 4! (V aJ 0 0 'V a
C4 C4 W C4 Ce U U C C I 0
The manufacture of heavy,raw products and those C X
operations that are generally objectionable to residential
business uses;including animal and poultry slaughter,
foundries,saw mills and junk yards
Public facilities and utilities X
Home based business C C C C C
On-site real estate sales office C C C C
Indoor Firing Range C C C
Single and two-family residences subject to restrictions X
Recreational Vehicle(RV)Parks C C C
Retail Pharmacy X X X X X
Homeless Shelter/Transitional dwelling C C C
Mini-Storage Facilities C X X
Commercial Communication Towers C C C C C C X X X
Hogs,Goats,Sheep,Cattle and Horses C C C C C C C C C