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ORD NO 07-2020 CITY OF VAN BUREN,ARKANSAS ORDINANCE NO. D7 -2020 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) TO ESTABLISH PROCEDURES REGARDING BUILDING PERMITS FOR TOWERS WITHIN THE CITY OF VAN BUREN,ARKANSAS. WHEREAS, the City adopted Ordinance No. 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, the City adopted Ordinance No. 16-1999 amending Ordinance No.07-1963 establishing regulations for commercial communication towers; and WHEREAS, the current Ordinances of the City do not have a permit requirement for towers and in accordance with A.C.A. 14-56-416 zoning ordinances are observed through building permits; 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 amendments; and WHEREAS, the proposed changes herein were recommended by a majority vote of the entire Planning Commission. NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT: SECTION 1: Paragraphs K and L of the Commercial Communication Tower provisions of Ordinance No. 07-1963, are amended to read as follows: K. APPLICATION (SUBMITTAL)REQUIREMENTS: A building permit is required for any new tower construction,tower addition,tower alteration, and the addition or relocation of any antenna equipment on a tower. The building permit fee shall be $250.00. Prior to commencing development of any proposed work to the tower site, construction plans shall be submitted to the City's Building Department in accordance with the City's building permit review procedures and the requirements of this Ordinance. L. EXEMPTION: An antenna and tower for the following uses are exempt from these requirements: (1) Ham radios; (2) Citizen band radios; (3)Non-Commercial Radio, Television Receiving and Broadcasting. These are permitted uses in any zoning district if accessory to a permitted use and comply with the applicable regulations of the zoning district in which they are situated and must be located on the same lot as the principal building or use. A building permit is required for accessory towers. The building permit fee for a residential accessory tower is $20.00. An antenna and tower that is not an accessory must comply with all the provisions of this ordinance including permits and fees. SECTION 2: Severability: 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, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of Zo for and 0 against, the foregoing Ordinance at its regular meeting held on the 24th of February 2020. I � Josep !'. _. st Mayo ATTESTED: APPROVED AS TO FORM: dia Ata 1Phy is Thomas G:..,• e • . e City Clerk/Treasurer City Attorney Van Buren, Arkansas Ci of Municipal Annex 111 North 12th Street • Van Buren, Arkansas 72956 VAN BUREN CITY COUNCIL MEMORANDUM TO: MAYOR JOE HURST AND CITY COUNCIL FROM: WALLY BAILEY,PLANNING DIRECTOR SUBJECT: ZONING CODE AMENDMENTS—TOWER ORDINANCE DATE: FEBRUARY 18,2020 Recently there have been questions about permits for Commercial Communication Towers and provisions for accessory structures such as ham radio towers at residences.The Commercial Communication Tower Ordinance No. 16-1999 was approved as an amendment to the City of Van Buren Zoning Ordinance(Ord.No. 7-1963). Ordinance 16-1999 did not include a provision requiring a building permit nor a building permit fee for towers.A.C.A. 14-56-416 includes a provision that zoning ordinances are observed through building permits. It is common that tower regulations include the specific requirement for a building permit.Without a building permit requirement,it may be difficult to enforce the current zoning ordinance requirements for towers. The proposed Ordinance includes a requirement for a building permit and establishes a building permit fee.The$250.00 fee is comparable to the recently approved ordinance for small cell facilities.A building permit will be required for any new tower,additions or alterations to a tower and any changes to appurtenances such as antennas. The permitting process for towers and any changes to the towers is important to insure we receive the engineering certifications that the tower meets or exceeds all structural requirements. Additionally,the proposed Ordinances clarifies the permitting requirements for residential accessory towers and sets a minimal fee of$20. 00 for these structures. Please contact me if you have any questions. Page 1 of 2 Lexis Advance Document:A.C.A.§ 14-56-416 A.C.A. § 14-56-416 Copy Citation Current through all legislation of the 2019 Regular Session(Including corrections and edits by the Arkansas Code Revision Commission) AR-Arkansas Code Annotated Title 14 Local Government Subtitle 3.Municipal Government Chapter 56 Municipal Building And Zoning Regulations—Planning Subchapter 4—Municipal Planning 14-56-416. Zoning ordinance. (a) (1)Following adoption and filing of the land use plan,the commission may prepare for submission to the legislative body a recommended zoning ordinance for the entire area of the municipality. (2)The ordinance shall consist of both a map and a text. (3) (A)The ordinance may regulate the location,height,bulk,number of stories,and size of buildings;open space;lot coverage; density and distribution of population;and the uses of land,buildings,and structures. (B)The ordinance may require off-street parking and loading. (C)The ordinance may provide for districts,of compatible uses,for large scale unified development,for elimination of uses not in conformance with provisions of the ordinance,and for such other matters as are necessary to the health,safety,and general welfare of the municipality. (D)The ordinance shall include provisions for administration and enforcement. (E) (i)The ordinance shall designate districts or zones of such shape,size,or characteristics as deemed advisable. (ii)The regulations imposed within each district or zone shall be uniform throughout the district or zone. (b) (1)The ordinance shall provide for a board of zoning adjustment,which may either be composed of at least three(3) members,or the commission as a whole may sit as the board of zoning adjustment. (2)The board shall have the following functions: (A)Hear appeals from the decision of the administrative officers in respect to the enforcement and application of the ordinance,and may affirm or reverse,in whole or in part,the decision of the administrative officer; (B) (i) (a)Hear requests for variances from the literal provisions of the zoning ordinance in instances where strict enforcement of the ordinance would cause undue hardship due to circumstances unique to the individual property under consideration,and grant such variances only when It is demonstrated that such action will be In keeping with the spirit and intent of the provisions of the ordinance. (b)The board shall not permit,as a variance,any use in a zone that is not permitted under the ordinance. Page 2 of 2 (c)The board may Impose conditions In the granting of a variance to insure compliance and to protect adjacent property. (II)Decisions of the board In respect to the above shall be subject to appeal only to a court of record having jurisdiction. (3) (A)The board shall establish regular meeting dates,adopt rules for the conduct of Its business,establish a quorum and procedure,and keep a public record of all findings and decisions. (B)Each session of the board shall be a public meeting with public notice of the meeting and business to be carried on published In a newspaper of general circulation in the city,at least one(1)time seven(7)days prior to the meeting. (c)The ordinance shall be observed through denial of the issuance of building permits and use permits. History History. fi Acts 1957,No. 186,§ 5; 1965,No.134,§ 1;A.S.A. 1947,§ 19-2829. Arkansas Code of 1907 Annotated Official Edition Copyright 0 2020 by the State of Arkansas AN rights reserved Content Type:Statutes and Legislation Terms:14-56-416 Narrow By:custom:custom Sources:AR-Arkansas Code Annotated Date and lime:Feb 18,2020 01:19:19 p.m.CST Copyright About Privacy Cookk Terms& Sign G LexisN2020 exis &LRELX Group' pew LexlSNexis LexisNexis® Policy Policy Conditions out All rights reserved.