ORD NO 03-2023 r
CITY OF VAN BUREN,ARKANSAS
ORDINANCE NO. D 5 -2023
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 ADDING AN EXCEPTION FOR NONCONFORMING
CORNER LOTS IN CERTAIN RESIDENTIAL ZONING DISTRICTS THAT
WERE PLATTED BEFORE THE ZONING ORDINANCE
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 further amend
Ordinance 07-1963 to include an exception for nonconforming lots in residential
zones that were platted before the current zoning ordinance; and
WHEREAS, notice of a Public Hearing was duly published,and a Public Hearing was conducted
by the Van Buren Planning Commission on January 3rd, 2023, 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 (Yard
Requirements), is hereby amended to add the following sub-paragraph:
e. Nonconforming Lots that are 50 feet wide or less in width and were platted prior
to the adoption of this ordinance are permitted to have setback reductions for single
family structures as follows: The side yard street setback can be reduced to 14 feet
from the street property line and the interior side yard setback can be reduced to 6
feet from the property line.
SECTION 2: Article V, Section 2 (R-2 Family Residential District), Paragraph 3 (Yard
Requirements), is hereby amended to add the following sub-paragraph:
e.Nonconforming Lots that are 50 feet wide or less in width and were platted
prior to the adoption of this ordinance are permitted to have setback reductions for
single family structures as follows: The side yard street setback can be reduced to
14 feet from the street property line and the interior side yard setback can be
reduced to 6 feet from the property line.
SECTION 3: Article V, Section 3 (R-3 Multi-Family Residential District), Paragraph 3 (Yard
Requirements), is hereby amended to add the following sub-paragraph:
e. Nonconforming Lots that are 50 feet wide or less in width and were platted prior
to the adoption of this ordinance are permitted to have setback reductions for single
family structures as follows: The side yard street setback can be reduced to 14 feet
from the street property line and the interior side yard setback can be reduced to 6
feet from the property line.
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,th City of Van Buren,Arkansas,by its City Council, did
pass, approve, and adopt, by a vote of V for and U against,the foregoing Ordinance at its
regular meeting held on the 23'd day of January 2023.
se P. urst
ATTESTED: PPRO jTOFO
Shawnna Re otmyl
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City Clerk/Treasurer City Attorney
G�etk Tre,3S4r
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City o{ Van Buren
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111 NOS 12" Street o Tan Buren, Arkansas 72956
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VAN BUREN CITY COUNCIL MEMORANDUM
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TO: MAYOR JOE HURST AND CITY COUNCIL
FROM: WALLY BAILEY,PLANNING DIRECTOR
SUBJECT: RESIDENTIAL CORNER LOT SETBACK EXCEPTION ;
DATE: JANUARY 16,2023 1
The Planning Commission recently studied an issue affecting development of older existing
platted lots in residential zoning districts. The lots studied were the corner lots and were
nonconforming because the lot width is 50 feet wide. The application of the minimum yard
requirements (setbacks) dimensions from property lines creates difficulty for those wanting to
build single family homes on these lots.
This came to the attention of the Planning Commission as they were reviewing a variance
request for a new single-family house. They acknowledged that the concern or hardship existed
on many other lots that were platted before the zoning ordinance was adopted with its minimum t
yard requirements.
The Planning Commission commented that it,was important to allow these lots to be developed a
and that the current minimum yard requirements (setbacks) created a hardship and therefore an
exception should be included in the zoning ordinance to recognize these existing lots in the older
subdivisions.
An Ordinance is prepared that includes the exception in the R-1,R-2, and R-3 zoning districts.
The exception is for 50-foot wide or smaller lots that are being developed for single family
structures and on lots that,were platted prior to the adoption of the zoning ordinance. These lots
can have a reduced setback of 14' in lieu of 15 feet setback from the street side yard setback and
6' in lieu of 7.5' for the interior side yard setback. This will allow for a buildable area that has a
width of 30 feet.A plan showing an example of how this looks in plan view is attached. The
Planning Commission unanimously recommends the approval of this exception.
An Ordinance is prepared that includes this exception in the R-1,R-2, and R-3 zoning districts. �
Please let me know if you have any questions.
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