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HomeMy WebLinkAboutOrdinance 1002 Air INE —Mrs C11116 I . . . .w , . Inam : . , = a • > , , . - SECTION 1. DEFINITIONS. For the purpose of this Ordinance, certain terms and words are herewith defined as follows : Words used in the present tense include the future tense; words in the plural number include the singular; the word "building" includes the word "structure" ; the ward " shall" is mandatory and not optional. ACCESSORY BUILDING OR OSE * A subordinate building; er a portion of the main building having a use customarily incident to or located on the lot occupied by the main building; or a use customarily incident to the main use of the property. ADDITIONs See SUBDIVISION. ALLEY: A public way which affords only a secondary means of access to abutting propertye See STREET and PLACE. ALTERATIONS * As applied to a building or structure, means a change or rearrangement in the structural parts or in the exit facilities; or an enlargement, whether by extending on a side or by increasing in height; or the moving from one location or position to another. ALTERATIONS, STRUCTURAL: See STRUCTURAL ALTERATIONS. APARTMENT : See FAMILY UNIT. APARTMENT HOUSES See DWELLING, MULTIPLE.' APARTMENT HOTEL: A building containing both family units and non- family units and in which servicescustomarily furnished in hotels are available to the tenantse AREA, NET SITE * The total area within the property linea of a project excluding external streets. BASEMENT : A story having part, but not more than half its average height below grade. A basement is counted as a story for the purpose of height regulation. See CELLAR. ' BQARDING HOUSE: A residential buildings where for compensation, meals, or lodging and meals, are provided for four (4) or mores but not exceeding twentymfive (25) persons and providing that there are not more than fifteen (15) sleeping rooms for such persons. See HOTEL and LODGING HOUSE. BUILDINGS Any structure having a roof supported by column$ piers or. walls, designed and intended for the support, enclosure, shelter or protection of persons, animals or chattels. When a structure is divided into separate parts by unpierced walls, extending from the ground up, each part is deemed as a separate building, except as provided in SECTION 10. BUILDING, FRONT LINE CF : The line of that face of the building nearest the front line of the lot. This face includes sunperlors and covered porchess whether enclosed or unenclosed; but does not include steps; except that when the building is located in the first fire zone the words "front linei of building" shall be as defined as in Ordinance Noe 995 adopted by the City Council of the City of Fayetteville, April 23, 1951, or any amendment thereon, BUILDING., HEIGHT OF : The vertical distance measured from the highest of the three following levels: a. From the street curb levels ; b. From the established or mean street grade in case the curb has not been constructed. c. From the average finished ground level adjoining the building if it sets back from the street line ; to the level of the highest point of the roof beams of flat roofs or roofs inclining not more than one inch to the foot, and to the mean height level of the top of the main plate and highest ridge for other roofs. BUILDING, PRINCIPAL: A building in which is conducted the main or principal use of the lot on which said building is located. BUILDABLE WIDTH OR BUILDABLE DEPTH: The width or depth respectively of that part of the lot not included within the open spaces herein required. CELLAR: A story having more than one-half (g) of its average height below grade. A cellar is not included in computing the number of stories for the purpose of height measurement. See BASEMENT, CENTER LINE OF STREET : The level at the center of street in front of the building measured at the center of such front. CLUB OR LODE : A building or portion of a building used by as association for the promotion of some common object, excepting clubs, the chief activity of which is a service customarily carried on as a business. COURT : An unoccupied space, open or covered at the top, wholly or partially enclosed by the walls of a building or group of buildings. It may serve at the grade level or at the level of any floor of an adjacent building which it serves. COURT, INNER : A court entirely within a building or surrounded by walls or by walls and an interior lot line . Its horizontal dimensions shall each be not less than two and one-half (2);j) inches for each foot of its height and in no case shall its least dimension be less than six (6) feet. COURT, OUTER: A court with at least one side open to a street, alley or yard. Its horizontal dimensions shall each be not less than two (2) inches for each foot of its height and in no case shall its least dimension be less than five (5) feet. CURB LEVEL: The mean level of the established curb in front of the building Where no curb has been established the City Engineer shall establish such curb level for the purpose of these regulations. DISTRICT : A section or sections of the City of Fayetteville for which the regulations governing the use of buildings and premises and the height and area are uniform. DGRMITORY: A building or group of buildings designed or altered for the purpose of accommodating students or members of religious orders with sleeping quarters with or without communal kitchen facilities and administered by bona fide educational or religious institutions. DWELLING : Any building or portion thereof, which is used exclusively or designed to be used for residential purposes. DWELLING, SINGLE FAMILY: A building designed for or occupied by not more than one (1) family. DWELLIIGs TWO FAMILY: A building designed for or occupied by not more than two (2 ) families. DWELLING, MULTIPLE : A building designed for or occupied by more than two (2) families. DWELLING, ROUP HOUSE : A multiple family dwelling in which the units are Joined in parallel, or side by sides each having a separate front entrance facing a dedicated street or place approved by the Planning Commission, and a separate rear entrance or exit to a rear yard. DWELLING, GROUP: A group of dwellings, not more than two rooms deep facing upon a place as herein defined. - 3 - FAMILY: A group of one or more persons occupying premises and living as a single housekeeping unit, as distinguished from a group occupying a boarding house, fraternity or sorority house, lodging house or hotel as herein defined. FAMILY UNIT: A suite of one or more rooms having separate cooking and water closet facilities, used as the domicile or home of one family or household. FRATERNITY OR SORORITY HOUSE : A building owned or leased by a general or local chapter of some regularly organized college fraternity or sorority, or by or on its behalf by a building corporation or association composed of members or alumni thereof, and occupied by members of the local chapter of such fraternity or sorority, as a place of residence. FRONT LINE OF BUILDING: See BUILDING, FRONT LINE OF. FRONTAGE: All the property on one side of a street or place between two intersection streets or places (crossing or terminating ) measured along the line of the street, or place, or if the street or place be deadended, then all the property abutting on one side between an intersecting street or place and the dead-end of the street or place. GARAGE APARTMENT : A family unit located over, or attached to a private garage. GARAGE, COMMUNITY: Any building, or premises, other than a public, private or storage garage, providing storage for power driven vehicles, having no service facilities other than for washing; such garage to be in lieu of private garages for occupants of abutting properties. GARAGE, PRIVATEa A subordinate building used exclusively for housing motor driven vehicles which are the property of and are used by the occupants of the lot on which the private garage is located. However, a private one- car or two-car garage may be rented on a weekly or monthly basis for auto- mobile storage only, provided no other building on the lot is used as a garage. GARAGE, PUBLIC : Any building or premises , except those described as private garages, used for the storage of cars or motor•gdriven vehicles, or where any such vehicles are equipped for operation, repaired, or kept for remuneration, hire or sale. GARAGE, STORAGE : Any building or premises, except those defined as a community, private or public garage, providing storage for power driven vehicles and having - no service facilities other than for washing. GASOLLNE FILLING STATION: An establishment, the business of which is the operation of a motor fuel filling station, and where repair work is limited to lubricating and washing of cars; cha:.giag and minor patching of tires, and where no fender bumping or major chassis or motor repairs are made. GRADE : (a) For buildings adjoining one street only, the elevation of the sidevralk at the center of that wall adjoining the &'treet. (b ) For buildings adjoining more than one street the average of the elevations of the sidewalks at the cente::^s of all the walls adjoining the street. (c ) For buildings having no wall adjoining the street the average level of the finished surface of the ground adjacent to the exterior walls of the building. (d) MY wall approximately parallel to and not more than five (5) feet from a street line is to be considered as adjoining the street. HEIGHT OF BUILDING: See BUILDING, HEIGHT OF. HOME OCCUPATION: Any occupation in connection with which there is no sign or display that will indicate from the exterior that the building is being utilized in whole or in part for ary purpose other than a dwelling; in comet*.ion w9_th which there is: (a) no stock in trade kerA nor cor.nod- ity sold upon the premiss, (b ) no food prepared, (c ) no person employed other than a member of the immediate family residing on the premises, (d) no mechanical equipment used except such as is permissible for purely domestic or household purposes. HOTEL: A building occupied or used as more or less temporary abid- ing place of individuals or groups of individuals who are lodged, with or without meals ar_d in which there are more than fifteen (15 ) sleeping rooms, and no provision for cooking in indiPidual rooms., See BOARDING HOUSE and LODGING HOUSE. HOTEL, RESIDENTIAL: A dwelling occupied by permanent guests only and not by transients. It may include restaurants, news-stands and other accessory services primarily for serving its occupants, and only incidentally the public. LODGE : See CLUB or LODGE. LODGING AOUSEi A residential building where longing only is provided for four (4 ) or mores but not exceeding twenty-five (25) persons, and which does not contain more than fifteen (i5 ) sleeping roams for the accommodation of paying guests. See BOARDING HOUSE and HOTEL. LOT : Land occupied or to be occupied by a building and its sub- ordinate buildings, together with such open spaces as are required under this Ordinance, and having its principal frontage upon a street or officially approved place. LOT , CORNER : A lot abutting upon two (2) or more streets at their intersection. LOT , DEPTH OF : The average horizontal distance between the front and rear lot lines. LOT , DOUBLE FRONTAGE : A lot having a frontage on two (2 ) non- intersecting streets, as distinguished from a corner lot. LOT OF RECORD : A lot which is part of a subdivision, the map of which has been recorded in the office of the County Recorder of Washington County, Arkansas. LOT WIDTH: The mean horizontal distance between the side lot linea measured at right angles to the depth. MULTIPLE DWELLING : See DWELLING, MULTIPLE. NON-CONFORMING USE: A building or land occupied by a use that does not conform with the use regulations of the district in which it is situated, at the time of the adoption of this Ordinance. PARKING LOT : Any open space other than a street or alley, used for the temporary parking of motor vehicles ; no motor vehicles being on exhibit or for sale . PARKING IAT, COMMERCIAL: A parking lot open for the use of the public for a fee or charge ; or for the exhibit or sale of motor vehicles. PARKING IAT, PRIVATE : A parking lot, the use of which is reserved for the use of tencuits of a particular building or buildings. PARKING LOT , RESERVED: A parking lot, the use of which is reserved for customers of an adjacent business and for the use of which no charge is made. PARKING SPACE: The area required for one automobile, which in this Ordinance is held to be an area ten (10) feet wide and twenty (20) feet long, not including passageways. 3 .5 - PERSONAL SERVICE SHOP: An establishment, the business of which is the selling of personal service such as beauty parlors, barber shops, valet shops, shoe-shining stands; etci PLACE : An open, unoccupied space other than a street or alley] permanently reserved for the purpose of access to abutting property+ See STREET, and ALLEY. PLAT : A map, plan or layout of a city, town, section or subdivision indicating the location and boundaries of individual properties. PCRCH, OPEN: A roofed space attached to a building on one or more sides and open on the remaining sides; one or two stories in height. PRINCIPAL BUILDING1 See BUILDIM9 PRINCIPAL. PROFESSIONAL OFFICE : An office of recognized professions such as doctors, architects, engineers, artists, musicians, designers, teachers and others who through training are qualified to perform services of a professional nature. RESIDENTIAL HOTEL: See HOTEL, RESIDENTIAL. RESTAURANT : An establishment, the business of which is the serving of food for compensation and in which beer, wines or spirituous liquors are not served. SCHOOLS , PUBLIC : A. Public Elementary: An institution of instruction covering grades 1 to 6. supportbd .from public funds. B. Public Junior High Schools An institution of instruction covering grades 7 to 9—supported from public funds. Co Public High School : An institution of instruction covering grades 10 to 12- supported from public funds. D. • Publie College or University: An institution of special instruction covering the fourth, fifth, and sixth years following the secondary school—supported from public funds. SCHOOLS, PRIVATE OR SECTARIAN: A. Private Elementary: An institution of instruction covering grades 1 to 6- supported by private or sectarian funds. B. Private Junior High School : An institution of instruction covering grades 7 to 9—supported by private or sectarian funds . C. Private High School : An institution of instruction covering grades 10 to 12--supported by private or sectarian funds. D. Private College or University: An institution of special instruction covering the fourth, fifth, and sixth years following the secondary school—supported by private or sectarian funds. BUSINESS COLLEGE : One in which instruction is given to prepare for business life by teaching bookkeeping, stenography, typewriting, and business law. TRADE SCHOOL: One which provides instruction for its students in a trade handicraft or the like. - 6 = SETBACK: The minimum horizontal distance between the front line of the building, excluding steps and unenclosed porches, and the street line. STABLE, FMATE : A stable with a capacity for not mrre than four (4) horses. STABLE, PUBLIC : A stable with a capacity for more than four (4) horses. STCRY: That portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it; if there be no floor above it, then the space between the floor and the ceiling next above it. STORY, HALF * A space under a sloping roof which has the line of intersection of roof decking and wall space not more than three (3 ) feet above the top floor level: A half-story containing an independent family unit shall be counted as a full story for the purpose of height regulation. STREET : A public thoroughfare which affords principal means of access to abutting property See ALLEY and PLACE. STREET, CENTER LINE OF : See CENTER LINE OF STREET, STREET LINE : The dividing line between the street and the abutting property, STRUCTURE : Anlything constructed az erected, the use of which requires more or less permanent location on the ground or attachment to something having a permanent location on the ground. STRUCTURAL ALTERATIONS : Any change in the supporting members of a building, such as bearing walls, columns, beams or girders, or any substan tial change in the partitions or in the roof. SUBDIVISION: Any area of more than one lot, containing or abutting on a street or streets, a plat of which has been filed for record. An addition is a subdivision for the purpose of this Ordinance. SUBORDINATE BUIIAINOt A secondary building, the use of which is incidental to that of the main building. TAVERN: An establishment, the business of which is the serving of , wine or spirituous liquors and where food or meals are or are not served. TOURIST COURT : A building or group of buildings containing one or more guest rooms having separate outside entrances for each such rooms or suite of rooms and for each of which roans or suite of rooms, automobile parking apace is provided on the premises, TOURIST HONE : A building of residential character offering lodging with or without meals, to transients for compensation. TRAILER CAMP: A parcel of land on which there is located or intended to be located two or more trailer homes occupied for living purposes. TRAILER HONE : A vehicle without motive power, designed to be dram by a motor vehicle, for residential occupancy or for the carrying of persons. - 7 - YARDS An open space, other than a court, on the Game lot with a buildibg, unoccupied and unobstructed by any portion of a building from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the depth of the rear yard or the width of a side yard, the mean horizontal distance between the lot line and the build- ing shall be used; for determining the depth of the front yard, the mean horizontal distance between the street line and the building shall be used. YARD, FRONTS A yard extending across the front of a lot between the side lot lines and being the mean horizontal distance between the street line and the building or any projection thereof, other than steps, unen- closed balconies and open porches. YARDS REARS A yard extending across the rear of a lot measured between lot linea and being the mean horizontal distance between the rear lot line and the rear of the building or any projection thereof other than stepa, unenclosed balconies or open porches. On corner lots the rear yard shall be considered as parallel to the street upon which the lot has the least dimension. On both corner lots and interior lots the rear yard shall in all cases be at the opposite end of the lot from the front end. YARD, SIDES A yard between the building and the side line of the lot extending from the front of the building to the rear yard. - B - SECTION 2 : DISTRICTS AND BOUNDARIES TNERECF . In order to classify, regulate and restrict the locations of grades, industries anis buildings designed for specified uses; to regulate and limit the height and bulk of buildings hereafter erected- or structurally altered; to regulate and limit the intensity of the use of lot areas; to regulate and determine the area of yards, courts and other open spaces within and surrounding such buildings, the City of Fayetteville, Arkansas is hereby divided into districts of which there 'shall be seven (7 ) in number, known as : "A" Residence District. nBn Two—family Residence District. ' "C" Multiple Family Residence District. "D" Multiple Family Residence District. "E" Commercial District. "F" Business District. "G" Industrial District. The boundaries of the districts are shown upon the map attached hereto and made a part hereof, which map is designated as the " Zoning Dis— trict Map" . The district map attached hereto, recorded- in the office of the Recorder of Deeds of Washington County, Arkansas, and on file in the office of the City Clerk of the City of Fayetteville, and all notations, references and other information shown thereon are a part of this ordinance and have the same force and effect as if fully set forth or described herein. When definite distances in feet are not shown on the "Zoning District Map" , the district boundaries are intended to be along existing street, alley or plotted lot lines or the extensions of the same, and if the exact location of such line is not clear, it shall be determined by the City Engineer, due consideration being given to location as indicated by the scale of the Zoning District Map. When the streets or alleys on the ground differ from the streets or alleys as shown on the Zoning District Map, the City Engineer may apply the district designations on the map to the streets or alleys an the ground in such manner as to conform to the intent and purpose of this Ordinance. Except as hereinafter provided: 1. No building shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used for any purpose other than is permitted in the district in which the building or land is located. 2. No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit herein established for the district in which the building is located. 3. No building shall be ereeted, converted, enlarged, reconstructed or structurally altered except in conformity with the area regulations of the district in which the building is located. 4& The minimum yds and open spaces, including lot area per family requirements required by this Ordinance for each and every building existing at the time of passage of this Ordinance, or for any building hereafter erected, shall not be encroached upon or considered as yard or open space requirements for any other building. 5. Every building hereafter erected or structurally altered shall be located on a lot as herein defined and in no case shall there be more than one building (other than accessory buildings ) on the one lot unless otherwise provided in this Ordinance. - 9 - SECTION 3. "A" RESIDENCE DISTRICT REGULATIONS. USE REGULATIONS. In the "A" Residence District no building or premises shall be used and no building therein shall be erected, or structurally altered except for one or more of the following uses: 1. Single-family dwellings. 2. Art galleries, libraries, museums, recreational grounds, fire stations or other public buildings or uses owned, controlled and operated exclusively by the City of Fayettevilles Washington County, Arkansas; the State of Arkansas or the United States of America. 3. Public or private elementary or secondary schools, colleges or universities, whether sectarian or non-sectarian. (Trade schools, whether public or private, sectariah or non-sectarian are specifically prohibited in the "A" Residence District ) . 4. Farming, truck gard*nand nurseries, not involving the erectiont g, maintenance or conduct of a retail store on the premises. 5. Accessory buildings, including one (1) private garage or servants quarters, when located not less than sixty .(60) feet from the front line and not less than five (5) feet from any other lot line, or a private garage or servants quarters may be constructed, in conformity with the structural re- quirements of the City of Fayetteville as a part of the main building. Any servants quarters shall be occupied by servants employed on the premises and shall not be occupied as a separate domicile; nor constructed as a separate family unit. 6. Accessory uses, customarily incident to the above uses and located on the same lot therewith, not involving the conduct of a retail business : ' use (a) The term accessory/shall include home occupants, such as physician, dentist, surgeon, musician, artist, architect, real estate dealer, (provided however, that such accessory use of home occupation shall, not be construed to mean "beauty parlors" or office of a veterinary surgeon) under the fallowing restrictions : (1) That such uses are located in the building used by a person as his or her private residence. (2 ) That no assistant other than a member of the family household is employed. (3) That no window display or sign, either illuminated or more than one square foot in area is used to advertise the same. (4) That no power other than electric and for domestic purposes only be used. T. Signs not exceeding eight (8) feet in area, appertaining to the lease, hire or sale of the building or premises on which the same is erected. HEIGHT REGULATIONS. In the "A" Residence District no building shall hereafter be erected or structurally altered to exceed two and one half (2z) stories in height. See Section 10. YARD RffiULATIONS. In the "A" Residence District, every building hereafter erected or structurally altered shall provide the following yards : FRONT YARD: There shall be a front yard having a depth of not less than twenty-five (25) feet to the front line of the building, except in the following instances : le In any subdivision, the recorded plat of which contains minimum building lines, said lines shall be construed as establishing the minimum depth of front yards for affected lots, except in cases where front yards of greater depth than required by the said building line are actually established by buildings on forty (40) per cent or more of the frontage. In the latter case, the front yard depth so established shall prevail. - 10 - 2. Where lots comprising forty (40) per cent or more of the frontage are developed with buildings having an average frontyard with a variation in depth of not more than ten (10) feet, no building hereafter erected or structurally altered shall have a front yard of less depth than the average front yard so established. 3. Where lots comprising forty (40) per cent or more of the frontage are developed with buildings having front yards with a variation in depth of more than ten (10) feet, no building hereafter erected or structurally altered shall have a front yard of less than the front yard depth of the next adjoin. ing building if only lots on one side of the proposed improvement are developed, nor of less depth than the average depth of the front yards of the next ad— jacent building on each side, if lots on each side are developed. 4. Buildings on lots having a double frontage shall provide the required front yards on both streets. 5. Where front yards have been established on each of two inter— secting streets, there shall be a front yard in conformity with these regula— tions on each side of a corner lot; provided, however, that the buildable width of such lot shall not be reduced to less than thirty (30) feet if same was held under a separate and distinct ownership from adjacent lots and of record at the time of the passage of this Ordinance, or if such lot is an original corner lot in a duly approved and recorded subdivision; provided, further, that no accessory building on a corner lot shall be located in or projected into the established front yard on either street, nor shall the door or doors of any accessory building, when open, project into the established front yard on either street. REAR YARD : There shall be a rear yard of not less than twenty—five (25 ) feet. See SECTION 10. SIDE YARD: There shall be a side yard on each side of every dwelling or accessory building of not less than five (5) feet. See SECTION 10. AREA REQUIRENEMS. In the "A" Residence District, every dwelling hereafter . ereeted or structurally altered shall provide a lot area of not less than seven thousand ( 7000) square feet per family unit; provided, however, that where re a to s ess an herein provided and the recorded ash plat thereof is now duly provided by law, in the office of the Recorder of Deeds of Washington County, Arkansas, said lot may be occupied by not more than one fawliy. � 11 � SECTION 4. "B" TNO=FAMILY RESIDENCE DISTRICT REGULATIONS. USE REGULATIONS. In the "B" Two-family Residence District no building or premises shall be used and no building therein shall be erected or structurally altered except for one or more of the following uses: 1. Any use permitted in the "A" Residence District, 2. Two-family dwellings. N Churches and other places of warship. 6 Accessory buildings and uses customarily incident to any of the abobe uses when located on the same lot and not involving the conduct of a retail business, HEIGHT REGULATIONS. In the "B" Two-family Residence District no building shall hereafter be erected or structurally altered to exceed two and one-half (2j) stories in height. See SECTION 10. YARD REGULATIONS. All buildings in the "B" Two-family Residence District hereafter erected or structurally altered shall comply with the front, side and rear regulations of the "A" Residence District, except that the front yard may have a depth of not less than twenty (20) feet. AREA REQUIREMENTS. In the "B" Two-family Residence District, every building hereafter erected or structurally altered shall provide a lot area of not less than seven thousand ( 7000) square feet per building, and not less than three thousand five hundred (3500) square feet per family unit; provided, howeverg that where a lot has less than the area herein required and the plat thereof has been duly recorded, as provided by law, in the office of the Recorder of Deeds of Washington County, Arkansas, said lot may be occupied by not more than one family. - 12 - SECTION 5. "C" MULTIPLE FAMILY RESIDENCE DISTRICT REGULATIONS. USE REGULATIONS. In the "C" Multiple Family Residence District no building or premises shall be erected or structurally altered except for one or more of the follow- ing uses: 1. Any use permitted in the "B" Two-family Residence District. 2. Multiple Family Dwellings. 3. Greenhouses not involving the conduct of a retail business on tae pre;aisas. 4. Hospitals and clinics, excepting veterinary hospitals and veterinary clinics. 5. Public arseeibly buildings and institutions of an educational, philanthropic or eleemocynery nature, except penal institutions. 6. B arding and Lcdging Houses, and Private Clubs not involving the conduct of a business; except Fraternity and Sororitias, and Dormitories. 7. Hotels and Tourist Courts. 8. Privately operated Libraries and Museums. 9. Community Garages. 10. Accessory Buildings and uses customarily incident to any of the above uses when located on the same lot and not involving the conduct of a retail business. BKGR REGULATIONS: In the "C" Multiple Family Residence District, no building shall hereafter be erected or structurally altered to exceed eight (8) stories, or ninety (90) feet in height. YARD REGULATIONS. FRONT AND REAR YARDS: All buildings in the "C" Multiple Family Residence District hereafter erected or structurally altered shall comply with the front and rear yard regulations of the "B" Two-family Residence District. SIDE YARDS: All buildings in the "C" Multiple Family Residence District hereafter erected or structurally altered, not over three (3) stories in height, shall comply with the side yard regulations of the "A" Residence District. For buildings more than three (3) stories in height, the side yard in addition to otherwise complying with the requirements of the "A" Residence District, shall be increased one (1) foot in width for each additional story above the third. In the "C" Multiple Family Residence District every building hereafter erected or structurally altered shall provide a lot area of not less than seven thousand (7000) square feet per building, and not less than two thousand (2000) square feet per family unit; provided, however, that where a lot has less than the area herein required and the plat thereof has been duly recorded, as provided by law in the office of the Recorder of Deeds of Washington County, Arkansas, said lot may be occupied by not more than one family. 13 SECTION 6. "D" MULTIPLE FAMILY RESIDENCE DISTRICT REGULATIONS. USE REGULATIONS: In the "D" Multiple Family Residence District, no building or premises shall be used and no building therein shall hereafter be erected or structurally altered, except for one or more of the following uses: 1. Any use permitted or required in the "C" Multiple Family Residence District. 2. Fraternity and Sorority Housad; and Dormitories, HEIGHT REGULATIONS, YARD REGULATIONS AND AREA REQUIREMENTS shall be the same as required in the "C" Multiple Family Residence District. SECTION 7. "E" COMMERCIAL DISTRICT REGULATIONS. USE REGULATIONS. In the "E" Commercial District no building or premises shall be used and no building therein shall hereafter be erected or structurally altered, except for one or more of the following uses: 1. Any use permitted in the "C" Multiple Family Residence District. 2. Any commercial establishment or place of amusement offering goods or services for sale at retail, not involving the manufacture or treatment of products other than manufacture or treatment which is clearly incidental to the conduct of such retail establishment, and provided that such use is not obnoxious or offensive by reason of the emission of odor, dust, smoke, gas, noise or vibration and is not expressly prohibited by any other regulation or ordinance of the City of Fayetteville. 3. Storage garages. HEIGHT REGULATIONS. No building in the "E" Commercial District shall be erected or structurally altered to exceed two and one—half (2) stories in height, except that when an "E" Commercial District is adjacent to or surrounded by "C" or "D" Multiple Family Residence Districts, residential buildings may be erected or constructed not to exceed eight (8) stories, or ninety (90) feet in height. See Section 10. YARD REGULATIONS. FRONT AND REAR YARDS: All buildings in the "E" Commercial District hereafter erected or structurally altered shall comply with the front and rear yard regulations of the "B" Residence District. SIDE YARDS: In the "E" Commercial District there shall be a side yard on each side of every building occupied by a use permitted in the "C" Multiple Family Residence District of not less than five (5) feet. In the event that Section 16 of this Ordinance requires a side yard of greater width on the street side of a corner lot than is required herein, the pro- visions of said Section 16 shall prevail. In all other cases, a side yard shall not be required. See Section 10. In the "E" Commercial District every building hereafter erected or structurally altered for dwelling purposes shall provide a lot area of not less than seven thousand (7000) square feet per building, and not less than two thousand (2000) square feet per family unit; provided, however, that where a lot has less area than herein required and the plat thereof has been duly recorded, as provided by law, in the office of the Recorder of Deeds for Washington County, Arkansas, said lot may be occupied by not more than one family. -114- sil : IC t•I 1 1 . • �. • •• ._ • . u_ _ .u•= a ..= c u •> •_ .. • .•• . =u. . •• - • •.•a -- • u . • _ • •- •. In the "F" Business District no building hereafter erected or structurally altered shall exceed a height of one hundred (100) feet at the street line, but above the height permitted at the street line four (14) feet may be added to the height of the building for each one (1) foot that the building or portion thereof is set back from the street line. •1 o• • u •+ a•Ir�l,•1 n -15- SECTION 9. "G" INDUSTRIAL DISTRICT REGULATIONS. USE REGUTATIONSi fr • 1 • • • _ • • •r rr _ t'1 In the "0" Industrial District no building shall hereafter be erected or structurally altered to exceed eight (8) stories, or one hundred (100) feet in height. • 'll 9 I f 11 ' ' • 11' 91rJ ' . . .L . •.. «.n• :• -n-. • of :r • - •- 1 'f'1 In 1. t • 1 Si • .: • S.• • •- of • - . - :• .r .. .a • • .: r • • • . . .n. • o-• - n u• . _ _ _ . a .un. • u • . • : • _ • • • .41 : • G . :5 • _..r . 1: time .: _ of h • . • C•r _ • •' «• . • ' • Jrecorded .1 • •: a• • :•.: - f .• C 1 - • - on • u• _ • in •: _ be - - • not - 11 'dl .•• c • • .. :. • ti,,. -16- SECTION 10. HEIGHT MID AREA EXCEPTIONS. HEIGHT: 1. In districts where the height is limited to two and one-half (2•) stories, public buildings, hospitals; saisitariennn4 schools or institu- tions of an educational i philanthropic or eleemosynary nature may be erected to a height not exceeding sixty (60) feet when front and rear yards are increased in depth and side yards are increased in width one (1) additional foot for each foot of height that the building exceeds the height regulations of. the district in which such building is to be erected. 111 _ .•• _ . .: :4 _ . . _ . .1 ., . :. . .. _ . 11. • : : .: - • • . •.: • :. .. ,• III ..... 3. On through lots of one hundred -forty (1110) feet or less in depth, the height of a building may be measured from the curb level on either street. On through lots or more than one hundred -forty (1110) feet in depth, the height regulations and basis of height measurement for the street per- mitting the greater height shall apply to a depth of not more than one hundred -forty (1110) feet from that street. In districts where ninety (90) feet height limits are effective, hotels and apartment hotels may include mezzanine floors of not more than fifty (50) per cent of the entire first floor area and such first floor including such mezzanine floors shall be hold to be one story. .: ' . :. :Ills . dwelling .. 11 . . . ..,1: . .L. .: •:. -. • such •1'_ :. :. ..'- t . .1 shape: • •� _ ..11111 : _ .. . I. . : . . . . : .: required sip ♦ : • : • • : .:. - • • _ • ,• . . _ . 11 ' p.: a.. :111 :1 •1 :. a. • a - 11 ' • p assumed to • - _ • • •I • a a:• • • • • • • t . ♦ n : •. • • • • a • : s p a s • • • • - • • 11 1 • - • • 11 •1 :5 at • •' _ • :.• • •1 • p { _ • • 11: • • • • • • 11 • •: a • as :• . apt a ••; a _ 0th a\' • " —17• SECTION fl, OFF STREET PARKING AND LOADING REGULATIONS. PARKING FOR DWELLINGS: For all one and two—family dwellings here— after erected, converted or structurally altered, provision shall be made for the parking of motor vehicles for the use of occupants, either on the premises, cr in a community garage in the acme block in those areas where community garages are permitted. Such parking shall provide space for one vehicle for each family unit. PARKING FCE APARTMENTS, MULTI PIE DWE,.TMS, FRATERNITY AND SORORITY HOUSES AND DORMITORIES: For all Apartments, Multiple Dwellings, Fraternity and Sorority Houses or Dormitcries hereafter erected, converted or structurally altered, provision shafl be made for the storage or parking of motor vehicles for the use of occupants, either on the premises or within one thousand (1000) feet. In the case of Apartments or Multiple Dwellings, one parking space sha17, be provided for each family unit. In the case of Fraternity and Sorority Ho'ises, and Dormitories, one such parking apace shall be provided for each Low residents of fraternity and sorority houses, or dormitories plus one additional space for the housemother, or manager, plus one additionalspace for each two employees thereof. • • • e •� :n • tie„ :. . .: _ _ . . 111 -• 111 • ._. . 1 • . . A„• -. 511 a provision* ••It •• :I�hi. :111 ,e • -• •• -• __ • _ • n• •• • • • _ • • • Sr • : . : LOADING N •'.BUSINESSU in u•:u::. on • . a :•c • : o • • . • : • N • �1u1: ' • I 11• �: Vo :1 1 t •L• • • 1 ' • N • : 1 : • • 1 L 5. - • _. -18- SECTION 12. BILL BQARDS AND SIGN BOARDS. It shall be unlawful for any person, firm or corporation to erect or construct any bill board or sign board in the "C" or "D" Multiple Family Residence Districts as defined in this Ordinance, without first obtaining the consent in writing of the owners or duly authorized agents of said owners, arming at least seventy—five (75) per cent of the frontage of all property within three hundred (300) feet of the premises on which said bill board or sign board is to be erected, constructed or located. Said consents shall be filed with the City Eng9near or other designated official before a permit ha11 be issued for the erection, construction or location of such bill board or sign board. SECTION 13. NON -CONFORMING USES, • •I - ••c . . • u • a . •I - ••a a :. • •'•:.• •. • • • II • •1 • - •. • :111 = • • • •' :1.• _ ♦oon=••: •1 •d1 _ • :•. solo •1 • • - u --a -.v n. _ 1 •Inll 11 • II• • - •1 - ••: :sass a• "' • • U: M • : a : • • •11111 a •. •: ). • ' _ • • • • . • •a a a • a • _. •.1• _•t :5• a I' •1 • •a a• - • •III •:0 _ •111111 • . • •I ' I • : • : III = • ..1 1 ' . . • a . • •:; . _ L •. • a : I • •.11'11 a a •• -19- • •::- a r_ I : • - r• • • n _ • • _ •• HWI11 1 ' • • and : • n • • -recommendations • / . commission• : • o l u : • : _ _ • •'' • • .1• • • _ a • • : :. : 11 5 : • .. .:. • : • 50 be :•-a. :• the • :• • - :1• : • :• .• • •..•.- of Ordinanceto • •bl • a • • I - : • n • or •.- - storage _ . _ _ and rams .. • . • • _r - • 1 • _ • r _ • _ not • a • 1 • •r • r _ • : • • • Si• • C II •1 •• _ Y • j •.' 1 OF I h• hi j • _ • • • - 11 • I established a • a• r - •I• member• St • 11 • • 1 and - _a 11:111•= - _ •- :••• / -• for 11. 1 1 t a. • the • • :.• _ T • •5' 11.11•. 1••1 - $55 .11a _1r all _ 1a _ j•: • a a - a 1 • a a _ •' II • 1:• r II: 1 •pl u.: • • _ 1 •a a a _ - compensationsill • - 1 ta• •_ - • • • : • _ • • - a • a .5 11 1 \' 0' • ••• _ • I I.: • • 4 111 : . • aj • • r • I • I: 11.. - •lu • •: •• • a_ •S ••: • •: • • ••: • _• 11.1 • • _Y I •' • a • 11 _1111.:. • •1 • •I r: n a: •1 • • • a • •p _ • • • • . 11111.:-• -20- The presence of four (4) members shall be necessary to constitute a quorum and the concurring vote of at least four —fifths (4/5) of the members of the Board shall be necessary to reverse any order,$ requirement, decision or determination of any administrative officer or to decide in favor of the applicant on any matter upon which it is required to pass under the Zoning Ordinance or to affect any variation in such regulations. Whenever an appeal or application for variation is made to the Board, the Board shall publish a notice of the time and place of a public hearing upon such appeal, which notice shall be published at least once not less than ten (10) days preceding the date of such hearing, in an official paper or a paper of general circulation in Fayetteville, said notice to contain the particular location for which the variation is requested, as well as a brief statement of what the proposed variation consists. The Board shall also give such additional notice of such hearing to interested persons and organi— zations as it shall deem feasible and practicable. The appellant or applicant shall be required to pay a filing fee of five (5) dollars to cover the cost of publishing notices and mailing notices of the hearing and such other coats as may be incurred in connection with such appeal or application. The secretary of the Board shall deposit with the City Business Office the first Monday of each month, all fees collected during the preceding month.Public hearings may be adjourned from time to time, and, if the time and place of the adjourned meeting be publicly announced when the adjournment is had, no further notice of such adjourned meeting need be published. No order of the Board permitting 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 such permit. No order of the Board permitting a use of a building or premises shall be valid for a period longer than sixty (60) days unless such use is established within such period, provided, however, that where such use is 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 erec- tion or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit. 'stmMtT'rt,llhii lit p tIlt p bt'fliJp1J ..:: .. . �..harmony ..: .. . - .. comprehensive . . - :. • . t_ . .. - - :: ., :5' .. *, s- a — 21 — V 2. To permit the erection and use of a building or the use of premises in any location for a prbli.o service corporation for public utility purposes which the Board determines reasonably necessary for the public convenience or Welfare, 3. To authorize a variance where, by reason of exceptional narrow- ness, shallowness or shape of a specific piece of property of record on the date of the passage of this Crdinancej or by reason of exceptional topograph- ical conditions or other extraordinary or exceptional situation or condition of a specific piece of property, the strict application of ay provision of this ordinance would result in peculiar and exceptional practical difficulties and particular hardship upon the caner of such property and amount to a practical confiscation of such property as distinguished from a mere incon- venience to such owner, provided such relief can be granted without substan- tial detriment tothe public good and without substantially impairing the general pt*rpose and intent of the comprehensive plan as established by the regulations and provisions contained in this Ordinance., I. To interpret the provisions of this Ordinance where the street layout actually on the ground varies from the street layout as shown on the map fixing the several districts, which map is attached to and made a part of the Zoning Ordinance., 5. To exercise all other powers delegated to it by the Statutes of the State of Arkansas. In considering all appeals and all proposed variations to these requirements, the Board shall, before making any finding in a specific case, first determine that the proposed variation will not impair an adequate supply of light and air to adjacent property, or reasonably increase the congestion in public streets, or increase the public danger of fire, or reasonably diminish or impair established property values within the surround— ing area, or in any other respect impair the health, safety, comfort, morals and welfare of the inhabitants of the City of Fayetteville. . Every variation granted or denied shall be accompanied by a written finding of fact based on sworn testimony and evidence, specifying the reason for granting or denyipg such variation. SECTION 16. BUIIDING LINES. In order to lessen congestion on the public streets and to secure the greatest possible degree of public safety, building lines for the control of erection of all structures on property abutting Major Streets are hereby established by the following provisions; except as hereinafter provided: 1. Every part of any building hereafter erected or structurally altered on property abutting College Avenue from Spring Street to North Street shall be set back not less than forty (14O) feet from the center line of College Avenue. 2. Every part of any building hereafter erected or structurally altered on property abutting the north side of Dickson Street from College Avenue to West. Avenue shall be set back not less than six (6) feet from the north line of Dickson Street as platted. —22— SECTION 17. CERTIFICATE OF OCCUPANCY. No building hereafter erected or occupied, used or changed in use until a have been issued by the City Engineer or that the building or proposed use of the all the building and health laws and ord these regulations. .: • • C •J C.• • _ 1 4 • I • • • • •1 }111 - • •1111• ,. provisions Certificates of Occupancy shall be applied for coincident with the application for a building permit and shall be issued within ten (10) days after the erection or structural alteration of such building shall have been completed in conformity with the provisions of these regulations. A record of all certificates shall be kept on file in the office of the City Engineer or other designated official, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building affected. A fee of One (1) Dollar shall be charged for an original certificate, but for copies of any original certificate, there shall be a charge of fifty (50) cents each. bLra.a. bC • • --.\ - c• u1 •1 • .- :• . SECTION 18. PLATS. .. .1 .I . . .: 11 - .: . -2 •ll 1 . :. . .. :111.1 . . _ _ . a . . .5 .1 r. 2 . a . 3 • • J11 1 . C .- .I _ . .. - . .nl . • • • - , 1 U . 1 a . at _ SECTION 19. INTERPRETATION, PURPOSE AND CONFLICT. _ _ . .. •2 provisions . - . . - . . - . . minimum . 1111 G • . • L promotion. • • _ M• •111 • • •:.1 -.• :- 1 \' 1111 • • • •agreements• 1 • : . • ' ••- _2 • II.• • •• 1 • 1 . _ p U : 11 •1 • • _ • • • . • C • 2 q .•: 1: are 111.43• • 1• :• •• • a - • II • • • 11 : • • • • • •_ _.I : • • • 1 ' 11 .1 3• . •- the •. .•_ • . • - —23— •u •• .• r: •111 • ! • • • • •:: •1•: • ♦ _ • : • _ : • : tl • ` • I •a • • • • : •111 : r I:; :I •r • a: a 11 • • - _ •11111 1 • 'a:: • 1 I • •1 • : • _ : • ♦ -:•: a • I ••::, as • • • I• _ a _ Y:• a• • :• C a •• - y �`� I � �• Yal � 9 . II . • Commission.consideration.. •:1,111 : • . , 1- _ •:11,.1-,.. . . ,: 1, .111111 or a . . .. _ , _ . • . .I. . •. I. II : `I ,. :. as :O, 1 5 :. . : :. . . . .. - -without .: I1 •IC . . : •I, • S,. . . r: • - - : a.• ,I:: .1 - • • • , •.- is - • _ • : promptly _ _ :.. . . M a.,Planning .111 :. _ _ . .: II : .recommendation• •: ;.' :•1 • :• • 1 u •m u - • ul_ :1,1 :1• • supplement •]the .pp : • • : • : • • • 11111• •Y •1 a _ •.11114: • • : • • a •U • • • • • _ • :III : 1.•111 : • 1• • am : • • : • ! .1:1. • : • : • r411 - •.1 •1 •:11111 _ • • : • 1 a and : • • • • • • _ • ' 11 : Y•III : a • • :111 :q • • 11 • : 1 :.• 11 _ •111111• - •11 • •• : 111 • 11111 • • - • •1 • • - IL:: p• • 4. • 1141 ' - • 1 • C • :1 I_ t -24- J S. .111• - . • . •.•Inl _ • • _ •11 :.s .5. 1 • •1 •I ••• • :11:*.,,, •• :111 • 1: •c •• - • • • •: .:. •' • • •• • :.III: • _ •: :.:•:• • :•: El : •• • •111111 • 1 .. G • : a, - .: .. _ • I •I• • •: •: C • 'a • • • C •I Y 1 I. • • a _ • _ • Ill • . • : •\r • • : •I a •I It:.; 4C4 •I :L- I: • •: •::.u:• • r • aII :•:11♦ • a • •'• S. •• /: •: :• I a1' - III • : - :1 • _ •• a- •'• •. u• - ••a . .•• •• . 111 •• • • -'a • •:' • _ •• :•: :.: •: •:III:• a a:.: Y H I p t Passed and Approved this 10 day of September 1951 _25_