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ORD NO 16-2021 CITY OF VAN BUREN,ARKANSAS ORDINANCE NO. 16 - 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 AMENDING THE REQUIREMENTS FOR THE RECONSTRUCTION OF A NON-CONFORMING STRUCTURE OR STRUCTURES OCCUPIED BY A NON-CONFORMING USE 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 direction and clarification for the reconstruction of a nonconforming structure or a structure occupied by a non-conforming use; and WHEREAS, notice of a Public Hearing was duly published,and a Public Hearing was conducted by the Van Buren Planning Commission on October 5, 2021 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 IV, Section 2,paragraph 4 of Ordinance No. 7-1963 is amended to read as follows: 4. A structure occupied by a non-conforming use or any non-conforming structure that is destroyed or damaged of the extent that the cost of repair is more than fifty (50)percent of its replacement value as determined by the County Assessor shall not be replaced unless all the following conditions are met: 1. A conditional use application is presented to the planning commission. 2. The conditional use is approved by the planning commission. 3. Construction is substantially completed and is continuing to progress toward completion within one year from the date of the loss. 4. The structure shall be adapted for the same use as the previous structure. 5. The structure as built shall not exceed the bulk and area characteristics of the previous structure. 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 to for and 0 against,the foregoing Ordinance at its regular meeting held on the 25th day of October 2021. J eph urst ATTESTED: APPROVED AS TO FORM: i P11ylAs Thomas owell City Clerk/Treasurer City Attorney City of Van Buren, Arkansas Municipal Annex 1 11 North 12' Street • Van Buren, Arkansas 72956 PLANNING COMMISSION MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: WALLY BAILEY,PLANNING DIRECTOR SUBJECT: RECONSTRUCTION OF NONCONFORMING USE OF STRUCTURES AND NONCONFORMING STRUCTURES DATE: OCTOBER 18,2021 CC: Recently, I received a request from a lending institution concerning the ability to rebuild a non- conforming structure following a catastrophic loss. Lenders and appraisers are looking for some assurance or at least a process that will allow the reconstruction if there is a complete loss. This affects a nonconforming structure or a structure occupied by a non-conforming use. The Van Buren Zoning Code does not permit the rebuilding of a structure that is damaged more than two-thirds of its replacement value. The code is silent as to a process for a situation where the structure is damaged by more than two-thirds. There needs to be a process or direction within the ordinance on how someone might request permission to rebuild when the structure is completely destroyed. The proposed process is for the Planning Commission to review a conditional use permit for the particular property. The existing and proposed Ordinance will continue to allow a non- conforming structure damaged by less than the stated threshold to be rebuilt without a conditional use application. During the Planning Commission's study of this code section they recommended the existing threshold be changed from two thirds(2/3rds)to fifty(50)percent of the structure's replacement value.The Planning Commission discussed this item at their September 71h and October 5th meetings. I have attached7an exhibit that shows the Existing Code section and the Proposed Code section. A public hearing on this item was advertised for the October 5th Planning Commission meeting. The Planning Commission voted unanimously to recommend this amendment to the City Council. An Ordinance has been prepared that will accomplish their recommendation. Contact me if you have any questions. Article IV, Section 2, paragraph 4 of the Van Buren Zoning Code Existing Code Any use of a structure not permitted or any structure not intended for the uses permitted may not be rebuilt or re-established if damaged in excess of two-thirds of its replacement value as determined by the County Assessor; if damages less than two-thirds of its value,the structure may be rebuilt,restored and used as before,provided that restoration or reconstruction is completed within 12 months of such occurrence. Proposed Code A structure occupied by a nonconforming use or any non-conforming structure that is destroyed or damaged of the extent that the cost of repair is more than fifty(50)percent of its replacement value as determined by the County Assessor shall not be replaced unless all the following conditions are met: 1. A conditional use application is presented to the planning commission. 2. The conditional use is approved by the planning commission. 3. Construction is substantially completed and is continuing to progress toward completion within one year from the date of the loss. 4. The structure shall be adapted for the same use as the previous structure. 5. The structure as built shall not exceed the bulk and area characteristics of the previous structure.