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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 -