ORD NO 07-2019 CITY OF VAN BUREN,ARKANSAS
ORDINANCE NO.0 7 -2019
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS,AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE AMENDING ATTACHMENT "A" OF
ORDINANCE NO. 20-2011 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 Contractors and Developers that there is a need to
amend the 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 amended
procedures; and
WHEREAS, the amended procedures herein were recommended by a majority vote of the
entire Planning Commission.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VAN BUREN,ARKANSAS,THAT:
SECTION 1: The amended fence permit procedures are hereby set forth in the amended
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 amended fence permit procedures will
protect the health, safety, and or/welfare of the City and its citizens.
SECTION 5: Should any portion of this amended 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 5 for and 0 against, the foregoing Ordinance at its
regular meeting held on the 20th day of May 2019.
45,--
Joseur
Mayor
ATTESTED: A 'PROV D I FORM:
"ei
Phy i Thomas Candice A. Settle
City Clerk/Treasurer City Attorney
Cüty of Van Buren , Arkansas
Buil dingDepartment
111 North 12th Street ® Van Buren, Arkansas 72956
*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 portion of
a fence which is less than 50% of its total linear distance of fence surface.
Fence Permit Requirements
• 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.
• Fencing may not be located in a 25 feet sight triangle as shown below.
Sight
Triangle
4 _25_—` Street Centerline
I• , Right-of-way line
2�
Nothing between 30"
and 60"in height
within the shaded
• Fences may cross utility easements at 90 degree or at perpendicular crossings by means
of gating, or 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 IS tij;``'; , OUR PROJECT
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FRONT YARD FENCING 48" MAX
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FIGURE 1 UTILITY EASEMENT COULD BE ANY WIDTH
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1 I i North 12th Street ® Van Buren, Arkansas 72956
Gating of Utility Easements
The City of Van Buren, in an effort to aid its citizens in utilizing all of their property, will
allow gating of utility easements under the following conditions:
• The owner of the property agrees and acknowledges that gating, or installation
of easily removable panels within utility easements is at the owner's risk. If
One-Call has not located any utilities at the time of fence permit being applied
for, fencing may occur within the easement. If in future the utility needs the
use of the easement, all fencing must be removed from said easement at the
property owners expense.
• The utility company has the right to enter this property through this easement
at anytime with any equipment necessary for the maintenance that is required.
• The City of Van Buren or utility company is not responsible for any fence
damage caused by a utility company's easement maintenance.
With this knowledge and approval, gating the easement will be allowed after notarized
signature of this waver is presented with application of permit.
VERIFICATION
I hereby certify that I have read and agree to the above statements.
Property Owner
Subscribed and sworn to before me this day of
Notary Public lI
My Commission Expires:
Or -N..---,_.
PROGRESS IS 11,: � `y OUR PROJECT