ORD NO 01-2008 0 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. 1 -2008
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 CORRECT TYPOGRAPHICAL ERRORS
AND TO UPDATE THE PROCEDURES AND VERNACULAR
TO CONFORM WITH CURRENT PRACTICES REGARDING
ZONING, CODE ENFORCEMENT AND ADJUSTMENTS
WITHIN THE CITY OF VAN BUREN, ARKANSAS, AND FOR
OTHER PURPOSES.
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 clarify and revise
0 various sections of the ordinance to correct typographical errors, to allow for better
enforcement of the ordinance, to correct terminology changes that have occurred with
the city, and to conform to long standing practices regarding implementation of our
zoning laws; 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
WHEREAS, there is an immediate need for these amendments to Ordinance No. 07 -1963, as
amended, to protect the health, welfare, safety and property of the citizens of Van
Buren.
NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF
THE CITY OF VAN BUREN, ARKANSAS, THAT:
SECTION 1: Ordinance No. 07 -1963, as amended, (VAN BUREN MUNICIPAL CODE 14.04.01) shall
be further amended as follows:
ARTICLE V. PROVISIONS GOVERNING ZONING DISTRICTS
0
SECTION 4. C -1 Central Commercial District
1. Permitted Uses
a. Retail establishments providing goods and services such as grocery,
drug, hardware, variety stores and similar uses, and hotels, motor
hotels, restaurants.
b. Office and bank buildings and uses.
c. Processing and manufacturing that by reason of operation are not a
nuisance in respect to noise, odor, dust, vibration, etc.
d. Wholesaling and warehousing.
e. Bulk storage of non combustible materials.
f. Automotive service, repair and storage, provided that wrecked or
salvaged vehicles are stored inside a building or are enclosed by a
solid fence and are not visible to the public from the street or
0 sidewalk.
g. A conditional use authorization under the Van Buren Permitted and
Conditional Use Legend and approved by the Planning Commission.
2. Height
Maximum height of a structure shall be three stories and not to exceed 48
feet.
3. Rear Yard
Minimum: 20 feet from property line or center of alley where one exists.
4. Loading and Unloading
Loading and unloading facilities shall be provided so as not to block any
public way.
5. Fire Limits
Land in the Central Businesses District shall be included within the fire limits
of the City of Van Buren, Arkansas.
SECTION 10. Historic District Zone "11 -1"
1. Justification
Regulations regarding the Historic District Zone shall apply only to the area
that has been identified as the Van Buren Historic District, with identical
boundaries as the District. A copy of these boundaries shall be a part of the
Amendment, and shall become a part of the Official Zoning Map for Van
Buren, Arkansas. Any properties outside of the Historic District yet still
within the Central Commercial District, C -1, shall continue to conform to the
regulations of C -1, Central Commercial Business District zone.
2. Declaration of Policy
It is the stated policy of the City of Van Buren, Arkansas, that the
rehabilitation, preservation, and restoration of the structures within the Van
Buren Historic District is in the best interest of the general welfare of the
public. Additionally, the use, re -use, or altered use of the structures within the
Historic District is a beneficial and an integral part of the redevelopment of
the City. Further, any use, re -use, or altered use of any structure within the
Historic District must not violate any of the City codes or ordinances that
apply and are appropriate for the proposed use of the structure.
3. Permitted Uses
a. All uses currently allowable under the C -I Central Commercial
District;
b. Single family and two- family residences subject to the restrictions
listed in paragraph 5.b. of this section.
These dwellings must conform to the set back requirements contained in the
Historic District Zone regulations.
4. Minimum Square Footage for Residential Uses
a. The minimum square footage for the single family residence shall be
650 square feet.
b. The minimum square footage for the two- family residences shall be
600 square feet per unit.
0 5. Front Set Back
0 a. The front building set back line shall be the same as existing feet
from the center line of the street. The type of facade, its structural
integrity and other physical characteristics of the facade will be
determined by the Van Buren Historic District Commission's
regulations.
b. When a residence is located on the street level floor of a retail or
commercial establishment, there must be a minimum of 24 feet set
back from the store front, so as to maintain the character or the
structure as viewed from the street. This does not apply to other floors
used as residences within the structure nor does it apply to existing
residential structures within the District.
6. Rear Yard
Minimum: 20 feet property line or center line of alley where one exists.
7. Height
Maximum height of any structure in the Historic District Zone shall be 3
stories and not greater than 48 feet.
8. Loading and Unloading
Loading and unloading facilities shall be provided so as not to block any
public way.
9. Parking
a. For retail and commercial uses, adequate parking exists in the
municipal parking lots and with the on- street parking.
b. For residential uses, the parking requirements are one (1) off street
space per unit.
10. Restrictions on Construction
No rehabilitation, restoration, or improvement work shall he done to any
structure in the Historic District Zone until the City Building Inspector
indicates in writing to the City and the person or persons having the work
done that the improvements are in conformance with City codes and
appropriate regulations that apply to the proposed use.
0
0 ARTICLE VII. Enforcement
SECTION 5. Certificate of Appropriateness
No land, or building, or part thereof that is located within the Van Buren
Historic District, shall be erected or altered in its use or structure until the
Historic District Commission has issued a Certificate of Appropriateness
stating that such land, building, or part thereof, and the proposed use thereof,
are found to be in conformity with the provisions of this Ordinance, the
Historic District Design Guidelines, and other Ordinances or Codes of the
City.
No building permit shall be issued by the Building Inspector for properties
located within the Van Buren Historic District until a Certificate of
Appropriateness for that property has been issued by the Historic District
Commission.
SECTION 6. Violation Penalty
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ARTICLE VIII. Board of Adjustment
SECTION 1. Creation and Appointments
This Ordinance provides for a Board of Adjustment in accordance with Act 186 of
the 1957 General Assembly. The Board of Adjustment shall be composed of the
Planning Commission as a whole, in accordance with A.C.A. 14- 56- 416(b)(1)
SECTION 7. Administrative Procedure. (Ord. 12A -1998)
In addition to the procedures set out above, when existing conditions are discovered
to be in violation of the zoning regulations, an administrative review and approval
may be requested. Existing conditions as used in this section shall include but not be
limited to: existing lots, minimum lot width, lot area, yard requirements, height
requirements, and use violations. Regarding requested variances for structures, only
those structures existing prior to October 15, 2007 (Ord. No. 32- 2007), shall be
eligible for this administrative procedure. The review and approval shall be based on
the following guidelines:
1. Requests shall be submitted to and reviewed by the Planning Department.
2. Requests shall be submitted in writing, along with a current survey of the
property, to the Planning Department.
3. The Planning Department Supervisor and /or the Planning Commission
Chairman may require additional information in order to determine
ownership of the property, how long the condition has existed, if the lot is a
lot of record or has recently been sub divided, as well as other pertinent
information.
4. If a variance is administratively approved, the variance shall be approved for
the minimum variance necessary to bring the property into compliance with
the regulations.
5. Legal posting, publishing, and notifications are not required for an
administrative review and approval.
6. If a request is denied by the Planning Department, the applicant may request
a variance by the Planning Commission under the procedure set out in Article
VIII, Section 3 above.
7. A report of all variances approved by the Planning Department under this
administrative procedure shall be furnished to the Planning Commission each
month."
SECTION 3: The passage and approval of these amendments to the Van Buren Ordinance 07-
1963, as amended, will protect the health, safety, and /or welfare of the City and its
citizens. 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 and after its passage.
SECTION 4: 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 for and against, the foregoing Ordinance at its meeting
held on the 28th day of January 2008.
1►!i 1
Robert D. Freeman, Mayo
ATTESTED: APPRO •0 AS S FORM:
\PAtliasi AA A
Barbie Curtis, City Clerk/Treasurer N. Di ad Jell. ttorney
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