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HomeMy WebLinkAboutOrdinance 1005 ORDINANCE NUMBER 1005. AN ORDINANCE TO AMEND ORDINANCE NO , 1002 RELATING TO REGUEATING PLANNING AND ZONZ WITHIN THE CITY OF FAYETTEVILLE, ARKANSAS , REGULATING AND RESTRICTING THE USE OF LAND AND LOCATEON OF BUILDINGS DESIGNED FOR SPECIAL USES ; REGULATING AND "RESTRICTING THE LOCARION OF TRADES AND INDUSTRIES; REGULATING AND LIMITING THE HEIGHT AND BULK OF BUILDINGS ; REGULATING AND DETERMINING THE AREA OF YARDS , COURTS AND OTHER OPEN SPACES ; REGULATING AND LIMITING THE DENSITY OF POPULATION, DIVIDING THE CITY INTO DISTRICTS AND ESTABLISHING BY REFERENCE A ZONING MAP , SETTING FORTH THE BOUNDARIES OF SAID DISTRICTS FOR SAID PURI ES ; CREATING A BOARD OF ADJUSTMENT AND DEFINING ITS POWERS AND DUTIES AND FIXIITG THE TERMS OF OFFICE OF THE MEMBERS THEREOF; " PROVIDI"'G FOR PERMITS AND CERTIFICATES OF OCCU- PANGY, AND PROVMDING THAT IF ANY CLAUSE , SENTENCE, SECTION, PARAGRAPH OR PART OF THIS ORDINANCE SHALL BE HELD INVALID, THAT SUCH INVALIDITY SHALL NOT INVALIDATE THE REMAINDE OF THIS ORDINANCE . BE IT ORDAINED BY THE CITY COUNCIL( OF THE CITY OF FAYETTEVILLE , ARKANSAS . ' 1, That Section Four (4 ) , AREA REQUIREMENTS , o£ Ordinance No. 10¢2 , passed and approve aeptember 10, 1951 , be amended to read as follows : J It SECTION 4 AREA REQUIREMENTS . In the "B" Two-family Residence District , every dwelling hereafter erected or structurally altered shall provide a lot area of not less than sev thousand (7 , 000 ) square feet per building, and not less than three thousand five hundre ( 3, 500 ) square feet per family uhit ; provided, however , that where a lot has less than th 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 ome family. " 2. That Section Five ( 5 ) , AREA REQUIREMENTS , of Ordinance No, 1002 , passed and appro ad September 10, 1951, be amended to bead as follows : SECTION 5 AREA REQUIREMENTS . In the "C" Multiple Family Residence District every buildi g 1 hereafter erected or struturally altered for family dwelling purposes , (provideddhowever, that hotels and tourist courts shall not be construed to mean family dwellings for the purposes-,.of this section) , i ( ORDINANCE N0 . 1005 CONTINUED ) hall provide a lot area of not less than seven thousand (7 ,000 ) square feet per building, nd not less than two thousand ( 2 . 000 ) square feet per family; provided, however, that wh re lot has less than the area herein:.nequired and the plat thereof has been duly recorded, s provided by law in the office ofthe Recorder of Deeds of Washington County, Arkansas , aid lot may be occupied by not more than one family. " That Section SEven; 17 )AREA REQUIREMENTS , of Ordinance No. 1002, passed and apprmved eptember 10. 1951 , be :,:mended to read as follows : " SECTION 7, AREA REQUIREMENTS . In the "E" Commercial District any building or portio hereof erected or struturally altered for dwelling purposes shall comply with the area r - uirements of the "C " Multiple Family Residence District. " 4. That Section Twenty-Seven ( 27 ) of Ordinance No. 1002 , passed and approved Septem ter 10, 1951.1de amended to read as follows : SECTION 27 , WHEN EFFECTIVE . This ordinance being necessary for the Mature growth of ayetteville , Arkansas , for the purpose of planning a coordinated, adjusted and harmoniou evelopment of the said City and for the safety, morals , order , convenience , prosperity d general welfare of the citizens ; efficiencyandecomomy in the process of development • n the convenience of traffic ; safety from fires and other dangers , adequate light and air ; pod civic design and arrangement ; wise and efficient expenditureeof public funds; dequate provisions for"-"public" utilities ; and other public" requirements , an emergency is ereby declared and this ordinance shall be in full force and effect from and after its assage and approval and filing of three ( 3 ) copies of same in the office of the City Cle k or inspection and view by the public , the publicatioh of nmtice to the public that same ave een filed, and the filing of all maps , plata , charts and descriptive matter in the offic f the - City- Clerk and a certified copy thereof filed in the office of the Circuit Clerk d Ex-officio Recorder of Washington County, Arkansas. " All ordinances or parts of ordinances in- conflict herewith shall be and the same are ereby repealed, and that this ordinance shall be in full force and effect from and after is passage, approval and publication. PASSED and APPROVED this Bth day of October, 1951. Approved Attest: - ayor y er t. lderman Burge introduced the following resolution and moved its adoption, seconded by lderman McGoodwin, and on roll call by the Clerk was passed unanimously by the Council. t Box 435 PAGE530 L _ 'I- . li ; L TIJ?l 6 . 16, J. . . . , '.j I JI7STRI 9 . .1 CULn11I!': ? ;, . if "J :) L7 is Or BUILJI )iCn : :'_i ;.JLATI 'C kPi J 'i ?::I''I " ' T: 1 ; .i Tji 0 MD", , , .To r. 'J OT. :'-';' G l:i'. ;PACT: : a G1JLATI '!(' A','J LI ! :I TI?'. 191 : U5''171TY C•F POPCLATIO: " JTJIJT' '( ' TN", J17Y I"TO DIST:tIJT.' j,t1J 'e ')TA21LISHI"C BY R::F ^'.'J' S 'C.O'. IPTC ::'A,' , t "T111 i ' S EOUNDA'J "' O SAI ) DISI:SJT. F03 7AIJ '. : Of')75 JRSATT C A BOARD OF ADD !.",T - f 'T A ' U 3`141` 11,10 ITS M."M A7k; DUT1" i PbN FIX."G TI? Tn3.'d OP OFFIC:: OF TIF'. `i'2.MrRS T:rv.lC:OF : PROJIDIPC TOR F"sR11=3 & i'D CEY.TIBICAT s OF OCJ"N13Y2 AAU PROVTJUln '.'. IAT IF r�...I i,IIY JLAII^', S-" "1? , SECTIO`.' , PAP,ACRAPII OR PART OL T ' 19 OIUMTA�';B SHALL 74 'MM I°t-- V VALID, THAT S`"H TnVALIDITY S=:ALL NOT Ir'VALIDAT? TII" R' : :AT ")':R Or T:QS OR )T"A "C5 . BE IT 07U', ".`D 3Y Tih CITY CO :IJJIL 01: T-7 CITY 01 T4A.Y?TTEJILI ;; , A _ t,,T'SA 1. That lecti .)n Four (h ) , 1LR:JA "si s;III ' S'..I " , of Orlinance ito . 1'02, passed and ap)reved September 10, 1951 , be amended to read as follows : r'S';CTIT"I 4 AREA REQUIRST. '"75 . In the ^P." T1.rc-Zanily 1iesidence Jistrict, every dwellinU hereafter erected or structurally altered shall provide a lot area of not less than seven thousand (7000 ) square feet ?er buildinr, and not less than tl7roo thousand five hundred ( 3500 ) square feet per family unit; provided , however, that where a lot has less than the area herein req: iced and the plat thereof has. been duly recorded, as provided by lass, in the office of the Recorder of Deeds of :.aoh- in ton County, Arkansas , said lot may be occu?ied by not more titan one fanily. " 2 . That erection Five (5 ) , ARTA R Q"IRE ^! TS , of Onfi ar,ce I'.o . 10^,2 , passed and approved .^epte;aher 10, 1951 , be amended to read as follovvs : 55CTIOII 5 AREA In the 11 ' 11 14ultiple Famiki Residence Jistrict every buildinr hcreaftei orected or structurally altered for family d:•iellin^ nurnosos , ( pro- vided ho:: . ver, that hotels and tourist courts shall not be construed to rnean family dwellings for the p ,rposes of this section ) , shall provide a lot are ., of not lees than seven thousand (7000 ) square feet per ,huildinp, 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 Oceds of ':, ash.inf-ton County, Arkansas , said lot :hay be occupied by not :pore than one family. " 3 . That Section Six (6 ) , AA MQTJI`t ::":"'TS , of Ordinance Ito . 1002 , passed and approved Septe:aber 10, 19513 be amended to read as follows : ucv,. Pr :" 6 . A'??A n? '' P.t?L"'ti:, , In the "^ " Go:rercisl District an; buildinr or portfan ilrereof erected or structurally altered for dr:ellin!­ pur -oces shall co:a?ly r.-lth the area requirements of the 11311 !'ultiplc Fanily Residen .;e Jistriet . r' 4. That Section Tii.enty-Seven ( 21 ) of Oniinanco "o . 1^02 , passed and annroved 9nptnm- her 10, 19513 be amended to real as follows : SECTIOh1 21 . ,FFECTI /3 . This ordinance boinc recessc ry for t1le future growth of Fayetteville , Arkansas , for the p rposn of olanni.nr a coordinated , adjusted and harmon- ious development of tl: e said City enc: for the safety, :morals , o: der, convenience , oros- perit;,r and I-encral welfare of t' n citizen. ; ; cilficiency and economy in tho process of developaent ; in the Convenience of traffic ; safety fr --. fires and other dancers ; ade - quate lirat and air ; f-ood civic de:;i n anal arren . : ant ; :rise cnd efficient experditT.re of )ublic f„nds ; adoquate nrovisions for ,rai.liJc utilities ; . nd other public requirements , an e.-,erCency is hereby declared and t ,is orJinz._Tce s}, alt be in full force arra effect from and after its passage ani ap,,roval and ti:c filir of three ( 3 ) copi.^ s of same in the office of the City Jler•:: for insrction un : vie% ; by the !public , the publi.cati. on of notice to the public that same have Leen filed , :and t: :c fil.i nr of all ;:raps , plats , charts and descriptive matter in the ofilce of t.t City Jlcrk and a certified coiy t;Tereof filed in the office of the Circuit .Aeric and x-officio i .000rdcr of '., eshin,_toi Jounty, z:rkan- sas . r' 5 . All ordinances or Harts of ordinances in Conflict her'eYri t1i shall be and tiie sen.e are hereby repealed , an : that ti-ds or ?incnce spall tx: i • 1 full force and effect fr:rn and after its passage , approval anti publication. .ASS;) and A ?.'301"D this Sth da of ')ctober , 1951 . G2 A test : pliCRof1M� 19 � >./- pAtE 4iso rite Jlcrx Rpt Thiscertify that this is a true and correct copy of Ordinance No . 1005 , as it appears of record in Book "E " of the proceedings of the Ci�y Coouuntil of the City of Fayetteville , Arkansas , e ��ct�/ City Cterk