ORD NO 20-2011 (2)BE IT ENACTED BY THE CITY COUNCI(-,, IiOR T(-[E Cl'TY OF VAN BURIiN,
ARKANSAS, AN ORDINANCE TO BE ENTITLED:
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WHEREAS, it has been determined by the City Council that there is a need to establish new
fence construction procedures and to clarify the procedures as it pertains to
utility and drainage easements; and
procedures.conducted by the Van Buren Planning Commission to consider these proposed
NOW, THEREFORE9:1 IT ORDAINED AND ENACTEDB: T1I( CITY
COUNCILOF THE i P'i R(\KA... Ate, IAA;
SECTION 1. The fence permit procedures are hereby set forth in attaelvnent "A" hereto.
SECTION 2. Whenever the fence permit applicant confronts a unique or peculiar hardship
that prohibits the applicant from following the procedures as set forth in
attachment "A", the Board of Adjustment may vary or modify such procedures
in such a way that is consistent with public welfare and safety.
SECTION 3. In the event a variance request by the applicant is disapproved by the Board of
Adjustment, the applicant may petition the City Council for a review of the
variance vote. The Council may sustain the disapproval of the Board of
Adjustment or refer the variance back to the Board of Adjustment for
additional study and action as may be consistent with the requirements of the
procedures.
SECTION 4. The passage and approval of these fence permit procedures will protect the
health, safety, and or/welfare of the City and its citizens.
SECTION 5. Should any portion of this Ordinance be Unconstitutional or invalid, and so
declared by a court of competent jurisdiction, then the remainder of this
ordinance shall not be affected by such partial invalidity.
IN w ITNESS wHER.E®P, the City of Van Buren, Arkansas, by its City Council, did
pass, approve, and adopt, by a vote of for and A against, the foregoing Ordinance at its
Regular Meeting held on the 1 8th day of July, 2011.
A
Robert D. Freeman
Mayor
BarbieBarbie Curtis
City ClerldTreasurer
' RO A TO FORM°
Candice . Settle
City Attorney
A fence permit is required for all new fence construction and replacement of existing fencing.
Repairs to an existing fence do not require a permit. A repair is the replacement of a po lion of
a fence which is less than 50 % of its total linear distance of fence surface,
Fence Permit Requirements
a A Plot Plan showing easements, property lines,. all existing structures and fencing and
proposed fencing.
® Fencing must be located on private property.
® Fencing in front yard may not exceed 48" and be no closer than ten (10) feet from street
or public right-of-way whichever is greater.
e Fencing may not be located in a 25 feet sight triangle as shown below.
Sight,
triangle
5lreet Centerline
Right-of-way line
_—
and &0" in height
within the shaded
Fences may cross utility easements at 90 degree or at perpendicular crossings by means
of gating, of easily removable panels (not screwed or nailed), starting at the point of the
easement furthest form the house and coming 10 foot back into the easement with no
posts or center posts being placed in that 10' of easement. This is only possible if
easement is contained solely on owner's property and with proper clearance of utilities.
Or, if after One Call has been called and no utilities are located in the easement, fencing
may occur utilizing post or center posts with an understanding that if, in the future the
utility needs to use that easement, it is up to and at the property owners expense to
remove the fence from the easement.
If it is a 15' divided easement, divided between two property owners, the easement will
remain unfenced between the properties. No post in easements. Property owners are
responsible for keeping their portion of easement clean.(Mun Code 904.01)
No fencing is allowed in or over a platted drainage easement.
Fences cannot exceed eight feet above the ground.
Finish surfaces must face outward from the property.
® Fences used to enclose pools, water ponds, and spas must be a minimum height of 48
inches with maximum clearance between the bottom of the fence and ground of no more
than two inches.
PROGRESS ISo'" OUR PROJECT
t
4\ati,'ii des .
Street Righe-af-tfUay�
90'
9, 6' Utility Easemont Gate
Frorf4 Yard-Fenctng� 36° Maac.
_ I Gatel � 95'-UHIRyEcsement --
70'
f YonB Yard fencing 36 �qi2.
Feecae Lacdtod Ai Lec®ti 16'.
=Curb. �(=Yore. Public Rich$ of'-Waq
"Street