HomeMy WebLinkAboutOrdinance 1276 BOBS PAGE 58 YvAs ' D
Hiftto L C
lv
ORDINANCE NO. . 1276 AT\ 1,9r'ocr2000ZdryQ)?z('j A3
,
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1239 , PASS ` ) D,APPROVED
JUNE 13 , 1960 , AND REPEALING ORDINANCE NO. 1255 , PASSED AI� V-ED
�
DECEMBER 19 , 1960s AND REGULATING PLANNING AND ZONING WIT f$ T �Gd�T'YM OF
FAYETTEVILLE , ARKANSAS ; REGULATING AND RESTRICTING HOME . OCCU TIONS ,
BUILDING LOT REQUIREMENTS , SETBACK LINES, INSTALLATION OF SIGNS,
EXCEPTIONS TO BUILDING LOT REQUIREMENTS , ALTERATION AND ENLARGEMENT
OF ' NON- CONFORMING USES , RESIDENTIAL USES IN INDUSTRIAL AND COMMERCIAL
DISTRICTS , AND PROVIDING THAT IF ANY CLAUSE, SENTENCE, SECTION, : PARAGRAPH
OR . PART OF THIS ORDINANCE SHALL BE HELD INVALID, THAT SUCH INVALIDITY
'SHALL NOT INVALIDATE THE REMAINDER OF THIS ORDINANCE; AND FOR OTHER
PURPOSES .
WHEREAS , public hearings were held before the Planning Commission of the City of
Fayetteville , Arkansas , on August 15 , and September 12 , 1961 , for the purpose of dis -
cussing certain amendments and changes to the Zoning Ordinance No . 1239 , passed and
approved June 13 , 1960 , as amended by Ordinance No . 1255 , passed and approved
December 19 , 1960 , and
WHEREAS , notices of said public hearings , setting forth the dates , times , places , and
purposes of said hearings , and location of property were published in the Northwest Arkansas
TIMES , a newspaper of general circulation in said City , more than 15 days prior to said
public hearings , and
WHEREAS , following said public hearings , said Planning Ccmmission certified to the
City Council of the City of Fayetteville , Arkansas , its recommendation that an ordinance
be adopted making the changes and amendments as hereinafter set out .
NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE , ARKANSAS :
SECTION I . That Ordinance No . 1255 , dated December 19 , 1960 , amending Ordinance
No . 1239 , dated June 13 , 1960 , be and the same is hereby repealed .
SECTION 2 , That Ordinance No . 1239 , dated June 13 , 1960 , be and the same is
hereby amended as provided in the following Sections , Numbered 3 through 14 , inclusive .
SECTION 3 . That Article II, Definitions , Item 13 , Home Occupations , be and the same
is hereby amended by adding the following paragraphs , to- wit :
However , work of a professional or business character , such as that of a lawyer ,
salesman , doctor , architect or clergyman , which is performed at irregular hours
or for temporary periods of time within the home and is incidental to the occupation
normally carried on elsewhere , for the purpose of this ordinance shall not be
regarded as a home occupation .
SECTION 4 . That the Minimum Depth Requirements for rear yard ( exclusive of alley)
set out in subparagraph d, Building Lot Requirements , paragraph 4 , ( Area and Bulk
Regulations ) , Section 1 , R - IA Single Family Residential District , Article V , be and the
same is hereby amended by the following change , to - w%CP'0FILMED
DATE OC 9 8
REEL�1�
• BOOK PAGE
Ordinance No . 1276 - 2 - September 25 , .1961
Minimum depth of rear yard ( exclusive of alley) - - - - - - - - - - - - - - 30 feet .
SECTION 5 . That subparagraph c , Home Occupations , paragraph 1 , Uses Permitted,
Section 3 , R - 2 Two- Family Residential District , Article V , be and the same is hereby
amended to read as follows , to - wit :
c . Home Occupations - The office or studio of a person of a recognized profession,
such as that of a physician , lawyer , real estate broker , architect or teacher ,
when located within his dwelling ; but not of barbers , beauticians , veterinary
surgeons or offices of medical clinics or catering services ; the keeping of no more
than two ( 2 ) roomers or boarders by a resident family; provided that no persons
other than members of the household are employed in such occupations , that not more tha
twenty- five ( 25 ) per cent of the total floor area in any dwelling is devoted to such
use , and that only one sign or window display not exceeding one ( 1 ) square foot in area
is used showing name and occupation .
However , in case a home occupation is proposed for property which is located on
a lot or a street that abuts an R - 1A or R - 113 Single Family Residential District ,
such use is permissible on review by the Beard of Adjustment .
SECTION 6 . That the Minimurn Depth Requirements for rear yard ( exclusive of alley)
set out in subparagraph d , Building Lot Requirements , paragraph 4 , (Area and Bulk
Regulations ) , Section 3 , R - 2 Two- Family Residential District , Article V , be and the same
is hereby amended by the follc :ing change , to- wit :
Minimum depth of rear yard ( exclusive of alley) - - - - - - - - - - 25 feet
SECTION 7 . That subparagraph d, Home Occupations , paragraph 1 , Uses Permitted,
Section 4 , R - 3 Multi- Family Residential District , Article V , be and the same is hereby
amended to read as follows , to- wit :
d . Home Occupations - Any home occupation permitted in R - 2 Two- Family Residential
District ; customary home occupations including that of barber , beautician, dress -
maker , launderer and similar occupations ; the keeping of roomers and boarders ;
provided that no persons o: her than members of the household are employed in such
occupations , that not more than twenty- five ( 25 ) per cent of the total floor area in
any dwelling unit is devot-ed to such use , and that only one sign or window display
not exceeding one ( 1 ) square foot in area be used showing name and occupation .
However , in case a home occupation is proposed for property which is located on a
lot or a street that abuts an R - IA or R - 1B Single .Family Residential District , such
use is permissible on review by the Board of Adjustment .
SECTION 8 . That subparagraphs a and b , paragraph 4, Area and Bulk Regulations ,
Section 6 , C - 1 Neighborhood Commercial District , Article V , be and the same are hereby
amended as follows , to- wit:
BUN 151i2' PAGE �0
Ordinance No . 1276 - 3 - September 25 , 1961
a . Setback lines , front- There shall be a minimum front yard of fifteen ( 15 ) feet for
all principal structures except where the district abuts or adjoins a residential district
within the same block on the same side of the street , in which case the setback line shall
conform to the minimum residential setback within the same block, but in no event shall it
be less than fifteen ( 15 ) feet from the existing property line .
However , if the Major Street Plan proposes an increase in right- of- way width which
exceeds fifteen ( 15 ) feet , the setback shall be sufficient to meet the requirements of the
Setback Ordinance . If parking is permitted in front of the building , the setback shall be no
less than forty ( 40 ) feet from the front line of the property as governed by the requirements
of the Setback Ordinance .
b . Side and rear yards - No side yards are required except ten ( 10 ) feet when property
is contiguous to a residential district or if the side yard is on an intersecting street ,
However , if the Major Street Plan proposes an increase in right- of- way width for the
intersecting street which exceeds ten ( 10 ) feet , the setback shall be sufficient to meet the
requirements of the Setback Ordinance . If parking is permitted on the side yard of an
intersecting street , the setback shall be no less than forty ( 40 ) feet from the intersecting
street property line as governed by the requirements of the Setback Ordinance .
No structure shall be placed closer than ten ( 10 ) feet of the rear property line ,
exclusive of an alley .
SECTION 9 . That subparagraph d , paragraph 1 , Uses Permitted , Section 7 , C- 2
Thoroughfare Commercial District , Article V , of Ordinance No . 1239 , be and the same is
hereby amended to read as follows , to-wit:
d . Signs - Each business establishment may install outdoor advertising signs and sign
panels aggregating not over 450 square feet of sign area, provided:
( 1 ) Floor lights or sign lights are arranged so as to reflect light away from
adjoining residential properties .
( 2 ) No more than 300 square feet of sign area is provided for each fifty ( 50 ) feet
of frontage .
( 3 ) No sign is placed within ten ( 10 ) feet of a residential district .
SECTION 10 . That subparagraph b , paragraph 4, Area and Bulk Regulations , Section 7 ,
C - 2 Thoroughfare Commercial District , Article V . of Ordinance No . 1239 , be and the
same is hereby amended to read as follows , to-wit:
Ordinance No . 1276 BODH � ? PiS 'c September 25 , 1961
b . Side and Rear Yard - No side yards are required , except ten ( 10 ) feet if the
property is contiguous to a residential district or if the side yard is on an intersecting
street . However , if the Major Street Plan proposes an increase in the right- of- way width
for the intersecting street which exceeds ten ( 10 ) feet , the setback shall be sufficient to
meet the requirements of the Setback Ordinance . If parking is permitted on the side yard
of an intersecting street , the setback shall be no less than forty ( 40 ) feet from the inter -
secting street property line as governed by the requirements of the Setback Ordinance .
No structure shall be placed closer than ten ( 10 ) feet of the rear property line , exclusive
of alley . In case a building exceeds three ( 3 ) stories in height , two ( 2 ) feet of side and
rear yards shall be required in addition to the above setbacks for each additional story
in height .
SECTION 11 . That Section 1 , Lot of Record Prior to Adoption of Ordinance , Article
VI, Exceptions and Modifications , be and the same is hereby amended to read as follows ,
to - wit :
Section 1 . Lot of Record prior to Adoption of Ordinance
Any vacant lot (lot without a principal building or a lot on which the structures have
been removed or have been more than 750/a damaged or destroyed, as determined by the
Building Inspector ) which is located in a residential district within the City and which was
platted or recorded prior to the adoption of Ordinance No . 1239 (prior to June 13 , 1960 )
may be used as a building site for a new single - family structure , and remodeling of , or
additions to , existing single - family structures may be permitted , provided the side yard
as defined in Article II , numbered paragraph 28 , shall have a setback of no less than five
( 5 ) feet , and that other requirements of the zoning district are met .
SECTION 12 . That Section 2 , Front Yards , Article VI , Exceptions and Modifications ,
be and the same is hereby amended to read as follows , to- wit :
Section 2 . Exceptions to Front Yard Residential Requirements
The front yard requirements of this Ordinance for residential uses shall not apply to
any lot where the adjoining developed lots with principal buildings are within one hundred
( 100 ) feet of the lot and are within the same block and zoning district , are fronting on the
same side of the street and where the average depth of the front yards of such lots is
either less or more than the minimum required front yard depth .
In cases where the front setbacks of existing residences located within one hundred
( 100 ) feet on either side of the lot to be developed or improved are less than twenty- five
( 25 ) feet , the minimum front yard setback of the residence to be erected or remodeled
shall be the average of the existing front yard depths of the adjacent developed lots with
residential buildings .
In cases where the front setbacks of existing residences located within one hundred
( 100 ) feet on either side of the lot to be developed or improved are more than twenty- five
( 25 ) feet , the minimum front yard setback of the residence to be erected or remodeled
shall be twenty- five ( 25 ) feet .
BUGH 5�,2 pgGf
Ordinance No . 1276 - 5 - "� September 25 , 1961
SECTION 13 . That Section 4 , Remodeling and Alterations of Dwelling in Industrial
and Commercial Districts , Article VI , Exceptions and Modifications , be and the same is
hereby amended to read as follows , to - wit :
Section 4 . Alteration and Enlargement of Non- Conforming Uses .
A non- conforming structure may be altered , enlarged , extended or reconstructed under
the following conditions :
1 . A non- conforming structure , damaged by weather , fire , explosion, and act of
God , or by a public enemy to the extent of less than seventy- five ( 75 ) per cent
of its value , as determined by the Building Inspector , may be repaired or
rehabilitated , provided that :
( a) The structure or structures retain their original shape , size , and location on
the lot .
( b) The structure or structures are used and occupied by the same or no more than
the number of occupants or business establishments accommodated prior to
the damage .
(c ) The use of the structure or structures shall not be changed from that prior to
the damage unless changed to an equal or a higher (more restricted) use , as
determined by the Building Inspector .
2 . A non- conforming structure may be enlarged or altered , provided that :
(a) The owner of such non- conforming structure obtains and files with the Building
Inspector the written consent of the owners or of the duly authorized agents
of such owners , owning at least seventy- five ( 75 ) per cent of the street frontage
of those parcels of property which are within the City and all or part of which
are within three hundred ( 300 ) feet of the lot on which the non- conforming
structure is located .
( b ) The number of dwelling units or business establishments in the non- conforming
structure remains the same as they were before enlargement or alteration took
place .
( c ) The type of occupancy or business establishments in the non- conforming structure
remains the same as before enlargement cr alteration. unless ctimSed to an
equal or a higher , more restricted , use , as determined by the Building
Inspector .
(d) The minimum setbacks of non- conforming business establishments after enlarge -
ment or alteration are :
BOOK 562 PAGE 63
Ordinance No . 1276 - 6 - September 25 , 1961
Side or rear property line - - - - - - - - - - - - - - - - - - - 10 feet .
However , if the Major Street Plan proposes an increase in right- of- way
width for an intersecting street which exceeds ten ( 10 ) feet , the setback
shall be sufficient to meet the requirements of the Setback Ordinance .
Front property line - - - - - - - - - - - - - 15 feet from the front property line as
determined by the requirements of the Setback Ordinance .
If the existing non- conforming structure is more than forty (40 ) feet from the
front property line , no enlargement or additions shall be closer than the
average depth of the front yards of existing dwellings located within one
hundred feet ( 100 ) of the lot and located within the same block and fronting
on the same side of the street , but shall not be less than than fifteen ( 15 ) feet
from front property line as determined by the requirements of the Setback
Ordinance .
( e ) The minimum setback of other non- conforming uses after enlargement or
alteration are :
Side property line - - - - - - - - - - - - - - - - - - - 10 feet .
However , if the Major Street Plan proposes an increase in right - of- way width
for an intersecting street which exceeds ten ( 10 ) feet , the setback shall be
sufficient to meet the requirements of the Setback Ordinance .
Rear Property Line - - - - - - - - - - - - - - - - 20 feet .
Front Property Line - - - - - - - - - - - - - - - 25 feet , from the front property
line as determined by the requirements of the Setback Ordinance .
( f) Off- street parking space shall be provided, pursuant to Article N, Section 7 ,
Off- Street Parking Requirements , after enlargement or alteration . If , however ,
in the opinion of the Building Inspector , the parking space on the street or on
the lot of a non- conforming business structure is ample and will not constitute
a public hazard , the off- street parking requirements set forth in Article VI,
Section 7 , may be waived .
SECTION 14 . That Article VI , Exceptions and Modifications, of Ordinance No . 1239 ,
dated June 13 , 1960 , be and the same is hereby amended by adding Section 7 , to read as
follows :
Section 7 . Residential Uses in Industrial and Commercial Districts .
In I- lA and I- 113 Light Industrial Districts , I- 2 Heavy Industrial District and in
C - 2 Thoroughfare Commercial District , single family and duplex family dwellings
may be constructed on lots that front on open and improved dedicated streets pro-
vided such construction conforms to the area and setback requirements of the R - 3
Multi- Family Residential District .
1
Ordinance No . 1276 K 1 , - 7 - September 29 , 1961
890V Dmp�
SECTION 15 . If any section, clause , provision or part of this Ordinance shall be held
invalid or unconstitutional by any court of competent jurisdiction ,' such section, clause ,
_ provision or part shall be deemed severable and separable , and the remainder of this
Ordinance shall be and remain in full force and effect .
SECTION 16 . All ordinances or parts of ordinances in conflict herewith shall be and
the same are hereby repealed, and this Ordinance being necessary for the preservation d
the public peace , health , comfort , convenience , morals , safety, and welfare of the City
of Fayetteville , Arkansas , an emergency is hereby declared to exist and this Ordinance
shall be in full force and effect from and after its passage , approval , and publication .
PASSED AND APPROVED this 25th day of September , 1961 .
APPROVED:
GUY E ° BROWN, MAYOR
x,111 SII II II/III///,
ATT:1fFEI'r� 'r
A
$GE�R'604Jn AVIS ; CITY CLERK
CERTIFICATE OF RECORD
STATE OF ARKANSAS )
j ss.
Washington County
1, Llcyd McConnell, Circuit Clerk and Ex-Officio Recorder for
Washington County, do hereby certify that the annexed or fore.
goinginstr ment was filed for record in my office on the .d...�. day
w
of . . . lA! .Q. . , � 19�? � atoR-o'clock .�j. M , and the same is
dulyrecordedin :A?.5.0. .-:. . . . . record . �4A'. . . at page .. .
,Witness my hand and seal this f3: . day of . W W. . . . . . . . 1940
Cir it Cferk and
Ex-Offico Recoder
CERTIFICATE
STATE OF ARKANSAS
CITY OF FAYETTEVILLE
I . GEORGE J. DAVIS , City Clerk within and for the City of
Fayetteville , Arkansas , do hereby certify that the annexed and
s
foregoing isa/ true and correct copy of th 0
G7GL�c � rewCt. ��� 6 therein set forth , and
the same is as it appears of Record in PROCEDURE OF CITY
COUNCIL RECORD , Volume G' at PageC/� thereof .
IN WITNESS WHEREOF , I have hereunto set
my hand and affixed my official seal this
pZ ' ,,, —)day of t0t,&- 19 161
City Clerk