ORD NO 20-2011 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. 2011
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE ESTABLISHING PROCEDURES FOR RESIDENTS OF
THE CITY OF VAN BUREN, ARKANSAS, TO ACQUIRE A FENCE
PERMIT; PROVIDING A VARIANCE PROCESS THROUGH THE
BOARD OF ADJUSTMENT; PROVIDING AN APPEALS PROCESS
THROUGH THE CITY COUNCIL; AND FOR OTHER PURPOSES.
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
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
procedures.
NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY
COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, THAT:
SECTION 1. The fence permit procedures are hereby set forth in attachment "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 WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did
pass, approve, and adopt, by a vote of (P for and Q against, the foregoing Ordinance at its
Regular Meeting held on the 18th day of July, 2011.
Robert D. Freeman
Mayor
ATTESTED: a '140 i A TO FORM:
al/ Wt..
Barbie Curtis Candice a Settle
City Clerk/Treasurer City Attorney