ORD NO 19-1983 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO.' /9
AN ORDINANCE AMENDING ORDINANCE NO. 7 -1963
AS AMENDED DEALING WITH VARIANCE PROCEDURES
AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VAN BUREN, ARKANSAS:
SECTION 1: That Article VIII of Ordinance No. 7 -1963
be hereby amended as follows:
SECTION 2: That any petition or application for
variance to the Planning Commission may be taken by any
person, firm or corporation aggrieved, or by any governmental
officer, department, board or bureau affected by any decision
of the enforcement officer, based in whole or part, upon the
provisions of this Ordinance. The Planning Commission shall
publish a notice of the time and place of a public hearing
upon such appeal or application for variation; such notice
shall be publised at least once, not less than ten (10) days
preceding the date of such hearing in an official paper or
newspaper of general circulation in Van Buren, such notice
to contain the particular location for which the appeal or
variation is requested as well as a brief statement of what
the proposed appeal or variation consist of. A sign three
feet by four feet shall be placed upon the property by the
building inspector giving the date, place of public hearing
and what the appeal or variance consist of, fifteen (15)
days before the date of the public hearing. The Board shall
also give notice of such hearing to interested persons and
organizations as it shall deem feasible and practicable.
Upon the date of the hearing any party may appear before the
board in person or by attorney.
The applicant shall be required to pay a filing fee
of $10.00 plus any publication costs which shall be paid.
SECTION 3: No order of the Commission premitting the
erection or alteration of a building shall be valid for a
period longer than sixty (60) days unless a building permit
for such erection or alteration is obtained within such period
and such erection or alteration is started and proceeds to
completion in accordance with the terms of the permit.
No order of the Commission permitting a use of the
building or premises shall be valid for a period longer than
sixty (60) days unless such a use is established within this
period; provided, however, that where such use permitted is
dependent upon the erection or alteration of a' building, such
order shall continue in force and effect, if a building permit
for said erection or alteration is obtained within such
period and such erection or alteration is started and proceeds
to completion in accordance with the terms of the permit.
SECTION 4: Appeal from the decision of the Planning
Commission or a variance shall be to the City Council of the
City of Van Buren. Notice of appeal shall be filed with the
Mayor's office within thirty (30) days from the determination
by the Planning Commission. An additional fee shall be paid
upon filing of the notice in the amount of the publication
costs. The Planning Commission shall then have mailed a notice
of hearing before the City Council to all persons present at
the public hearing before the Planning Commission. A notice
of hearing shall also be published one time prior to hearing
in a legal newspaper having general circulation in the City
of Van Buren, Arkansas.
SECTION 5: For the purpose of this ordinance, the variance
procedure set out herein shall apply specifically to circumstances
where a property is characterized by exceptional narrowness,
shallowness or wherein some extraordinary or exceptional
circumstance exists which gives good cause for which a
variance from the present zoning regulations and city
ordinances should be adopted.
SECTION 6: This article shall apply only to variances
and to no other provisions of Ordinance No. 7 -1963. Any
0 provisions of any rules, regulations or ordinances of the
City of Van Buren, Arkansas, contrary to the provisions
herein are hereby repealed.
SECTION 7: Should any provision of this amendment
be ruled invalid by a court of competent jurisdiction,
such invalid portion shall be severed from the remainder
of this ordinance and such invalid portion shall not affect
the valid provisions.
IT IS HEREBY FOUND AND DECLARED BY THE CITY COUNCIL
OF THE CITY OF VAN BUREN, ARKANSAS:
THAT, due to the need in the City of Van Buren, Arkansas,
for a proper variance procedure, an emergency is declared to
exist being necessary for the immediate preservation of the
public peace, health and safety, shall take effect and be
in force form, and after its passage, approval and
publication.
PASSED AND APPROVED this Ma day of September, 1983.
APPROVED:
MA e
ATTEST:
.(44,L.44.„
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