ORD NO 15-2022 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. [i - 2022
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 FRONT YARD
SETBACKS ON CUL-DE-SACS IN CERTAIN RESIDENTIAL ZONES
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 bythe City
ty Council that there is a need to further amend 1<
Ordinance 07-1963 to amend minimum setback requirements in the Residential-1,
Residential-2, and Residential-5 zoning districts; and
WHEREAS, notice of a Public Hearing was duly published,and a Public Hearing was conducted
by the Van Buren Planning Commission on April 5, 2022, 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 1 (R-1 Family Residential District),paragraph 3(a)of Ordinance
No. 7-1963 (as amended) is hereby amended to read as follows:
a. Front Yard: 25 feet from property line or 50 feet from center line of
existing right-of-way, whichever is greater. All residential lots on a
cul-de-sac street that have frontage on the radius of the cul-de-sac are
permitted to have a front yard setback of 20 feet.
SECTION 2: Article V, Section 2 (R-2 Family Residential District), paragraph 3(a) is
hereby amended to read as follows:
a. Front Yard: 25 feet from property line or 50 feet from center line of
existing right-of-way, whichever is greater\ll residential lots on a
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cul-de-sac street that have frontage on the radius of the cul-de-sac
are permitted to have a front yard setback of 20 feet.
SECTION 3: Article V, Section 3B (R-5 Single Family Residential District),
paragraph 3(a) is hereby amended to read as follows:
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a. Front Yard: 25 feet from property line or 50 feet from center line of
existing right-of-way, whichever is greater. All residential lots on a
cul-de-sac street that have frontage on the radius of the cul-de-sac are 1
permitted to have a front yard setback of 20 feet.
SECTION 4: The various provisions and parts of this Ordinance are hereby declared to be II
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
1 to be severable.
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IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did
pass, approve, and adopt, by a vote of 5 for and O against, the foregoing Ordinance at its
regular meeting held on the 25th day of April 2022.
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ATTESTED: APPROVED AS TO FORM: 1
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CLAKA,v1 diAtOok dill Allilli°C c cep( Jac. . - . ' e1
N,p44.1 City Clerk/Treasurer City Attorney
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Cityof Van Buren Arkansas
Municipal Annex
111 North 12th Street • Van Buren, Arkansas 72956
VAN BUREN CITY COUNCIL MEMORANDUM
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TO: MAYOR JOE HURST AND CITY COUNCIL
FROM: WALLY BAILEY, PLANNING DIRECTOR
SUBJECT: RESIDENTIAL SETBACK EXCEPTIONS FOR CUL-DE-SAC LOTS
DATE: APRIL 13, 2022
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The Planning Commission is recommending a zoning ordinance amendment that will allow an
exception for residential structures located on the circle of a cul-de-sac. This discussion was
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initiated during the discussion of a rezoning application for the purpose of reducing the front
yard setbacks from 25 feet to 20 feet on the cul-de-sac lots in a residential subdivision.
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During the discussion, I mentioned that other communities such as Fort Smith allow for an
exception for the cul-de-sac lots to 20 feet. After reviewing the proposed amendment at a public
hearing at the April 5, 2022, Planning Commission meeting, they unanimously recommended
proposed amendments to the City Council.
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After researching the City's zoning ordinance there are three (3) zoning districts (R-1, R-2, and
R-5)that have a 25-foot front yard setback requirement. I believe it will be easier for the user of
the zoning ordinance if we add this exception within each applicable zoning district section. The
amendment to each of the zoning code sections is proposed to read as follows:
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SECTION 1: R-1 Family Residential District
3. Yard Requirements
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a. Front Yard: 25 feet from property line or 50 feet from center line of existing right-of-
way, whichever is greater. All residential lots on a cul-de-sac street that have frontage on
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the radius of the cul-de-sac are permitted to have a front yard setback of 20 feet.
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SECTION 2: R-2 Family Residential District
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3. Yard Requirements i
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a. Front Yard: 25 feet from property line or 50 feet from center line of existing right-of-
way, whichever is greater. All residential lots on a cul-de-sac street that have frontage on
the radius of the cul-de-sac are permitted to have a front yard setback of 20 feet.
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SECTION 3B: R-5 Single Family Residential District
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. All residential lots on a cul-de-sac street that have frontage on
the radius of the cul-de-sac are permitted to have a front yard setback of 20 feet.
The highlighted and underline text represent the new language to be added to the zoning
ordinance.
The proposed Ordinance will be on the April 25, 2022, City Council agenda.
Please contact me if you have any questions.
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