ORD NO 06-2021 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. -2021
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 PROVIDING CLARIFICATION FOR THE R-3B
CONDOMINIUM ZONING DISTRICT.
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 provide
clarification concerning the permitted land uses in the R-3B Condominium zoning
district; 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; and
NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY THE CITY
COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, THAT:
SECTION 1: Article V, Section 4 of Ordinance No. 7-1963 is amended to add the following
new paragraph 8:
8. Exclusivity of this Section: Condominium is the only use permitted in the R-
3B Condominium District.
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 6p for and d against, the foregoing Ordinance at its
regular meeting held on the 26th of April 2021.
/)-(E.C11"--
Josep P. urst
Mayor
ATTESTED: APPROVED AS TO FORM:
P is Thomas : • 'owell
City Clerk/Treasurer City Attorney
City Buren Ar kansas
of
Mumcipal Annex
111 North 12th Street • Van Buren, Arkansas 72956
VAN BUREN CITY COUNCIL MEMORANDUM
TO: MAYOR JOE HURST AND CITY COUNCIL
FROM: WALLY BAILEY, PLANNING DIRECTOR
SUBJECT: R-3B ZONING DISTRICT AMENDMENT
DATE: APRIL 20, 2021
The R-3B Condominium District of the Zoning Ordinances appears to have been written
exclusively for condominiums; However, language within this section is not completely clear of
that intent. For example,the opening paragraph of the section states, "The provisions of this
zoning classification shall be the same as the provisions governing Section 3, R-3 Zones, with
the following exceptions and/or additional requirements." This has caused some confusion and
discussion that the R-3B may allow the same land uses as the R-3 zoning district.
The R-1B zoning district is similarly written with its reference to the parent R-1 zoning district.
However,the R-1B district includes an"Exclusivity Section"that makes clear the purpose of the
R-1B district.
Therefore, to be consistent and to clarify the intent of the R-3B district we proposed to the
Planning Commission that they consider an amendment to the R-3B district as follows:
Exclusivity of this Section: Condominium is the only use permitted in the R-3B zoning district.
The majority of the Planning Commission approved the recommendation by a vote of 7-0 and
has recommended the amendment to the City Council for approval. The attached Ordinance will
accomplish the recommended amendment.