HomeMy WebLinkAboutOrdinance 610 AN ORDIANCE �� Io
TO BE ENTITLED , " All ORDINANCE REGULATING THE BUILDING , CONSTRUCTION OR ERECTION
OF GASOLINE AND OIL FILLING STATIONS , AUTOMOBILE REPAIR GARAGES , STORE BUILDINGS ,
APARTIZNT HOUSES , ANY OTHER BUILDING FOR BUSINESS PURPOSES AND FOR OTHER PURPOSES . "
WHEREAS , It appears to the City Council of the City of Fayetteville that
the growth in population of this city makes it necessary for the purpose of promiting
health , safety , morals or the general welfare of the community to restrict the
building of gasoline and oil filling stations , automobile repair garages , apartment
houses and all other buildings erected for business purposes within what is known
as the residence district of the City of Fayetteville , and
PrHE.REAS , by legislative enactment recently adopted , , cities of the first
class are authorized to separate , if need be , business from residence property ,
NOVI THEREFORE BE IT ORDAINED BY Thu CITY COUNCIL OF THE CITY OF FAYETTEVILIE ,
ARKAYSAS :
Section 1 . It shall be unlawful for any person , firm or corporation to
hereafter build ,. construct or erect any gasoline and oil filling station where
gasoline and oil will be sold ; to build , construct or erect any automobile repair
garage , or any store building , or to erect any apartment house , or to erect or
build for business purposes any other building in what is commonly known as the
residence district of the City of Fayetteville outside of the fire limits herein-
after specified , until after having first filed an application with the city
building inspector for said permit along with all plans , specifications and the
payment of a fee of five ( 15 . 00 ) dollars to cover all cost of printing notices ,
etc . , said fee to be paid to the city collector .
Section 2 . Immediately upon receipt of an application for the building ,
construction or erection of any filling station , automobile repair garage , store
building , apartment houses , or any other building for business purposes , in the
Q� residence district , the city building inspector shall cause to be published said
application in a newspaper in Fayetteville with a bona fide circulation one time
V each week for four weeks consecutively .
Section 3 . That after_ proof of_a_publication_of- said- application- is - - - - -
received by tiie city building inspector , in accordance with the provisions of this
ordinance , he shall issue said permit , unless otherwise prohibited by law , except
where a petition is filed by one or more owners of real property in the immediate
vicinity , protesting the issuance of said permit , and showing that if said permit
is granted and said building is erected , the conduct of same will tend to decrease
the value of property in the immediate vicinity for residence purposes , said
petition to be subscribed and sworn to by. the complaining property owner or owners .
Section 4 . l.1here one or more protests are filed with the city building
inspector against the building of any filling station , automobile repair garage ,
storehouse , apartment house , or other business building within the residence
districts of Fayetteville within thirty ( 30 ) days after receipt of application for
same , the city building inspector shall refuse to grant said permit and refer same
to the city council of the City of Fayottevillo , which shall , after a hearing upon
the petitions for and against such building , grantor refuse issuance of permit as
it may been best .
Section 5 . The fire limits hereinbefore mentioned are as follows : All
that portion of the city c:ithin the following limits : Beginning at the interse/ction
of the South line of west 'Spring Street , with the east line oft north Church Street ,
and running thence east to a point three hundred ( 300 ) feet east of the east line
of north College Avenue , thence south parallel with the east line . of College Avenue
and a distance of 300 feet therefrom , to the north line of Rock Street ; thence
west along the north line of Rock Street to the east line of Chu ch Street , thence
Oen north along the east line of Church Street to the place of beginning . Also ,
9 beginning at the intersection of the east line of north Gregg Street with the south
8 line of west Dickson Street and running thence north along Gregg Street to the
South line of west Lafayette Avenue , thence eas'E along the south line of west
p Lafayette Avenue , to the northeast corner of Lot two ( 2 ) , block six ( 6 ) , Uounty
�Iaarti Court Addition , thence south parallel to Gregg Street to the south line of Scott
Street , thence east along the south line of Scott Street to the west line of
Rolston Street , thence south along the r:.est line of Rolston Street to the south
line of west Dickson Street , thence east along the south line of west Dickson Street
(ti to the west line of north Locust Street , thence south along the west line of
north Locust Street to the southeast corner of Lot eight ( 8 ) , Block five ( 5 )
Original Plat , thence west on a line parallel to west Dickson Street to the east
line of north School Street , thence south along the east line of north School
Street to the north line of west Spring Street , thence due west along the north
line of west Spring Street to the east line of University Street , thence north
along the east line of University Street to the south lino of west Dickson Street ,
and thence east along the south line of west Dickson Street to the place of
beginning . "
Section 6 . Any ' person , firm or corporation violating any provision or
provisions of this ordinance shall be deemed guilty of a misdemeanor , and upon
conviction in the Police Court shall be fined in any sum not less than Fifty
( $ 50 . 00 ) Dollars nor more than Five Hundred ( $ 500 .00 ) Dollars , and each day that
said ordinance is violated shall be deemed a separate offense .
Section 7 . All ordinances or parts of ordinances in conflict herewith
are hereby repealed , and this ordinance shall take effect and be in force from and
after its passage , approval and publication .
Attest : Approved :
City Clerk : F3 a y o r .
Passed and approved this 10th
day of Pray ; 1926 :
