HomeMy WebLinkAboutOrdinance 1468 664 PACE 322
ORDINANCE NO , 1468 FtlrDfgR ' RfCORp
AN ORDINANCE AMENDING ORDINANCE NO. 1239 , PASSE�// �ND APPROVED JUNE 13 ,
1960 , AS AMENDED BY ORDINANCE NO. 1339 , TO REDUCE "PH&T1Y$ ]PD TIME
FOR NOTICE PRECEDING HEARINGS OF .THE BOARD Oljy,� JUSTMEN ;PEALS
AND APPLICATIONS FOR VARIANCE . LL 'NGTOfv rOUNTY
0 Mr Cp ARff.
WHEREAS , a public hearing was held . before the Planrujrl� ornmiAkMn of the
City of Fayetteville , Arkansas , on October 12 , 1965 , for the purpose of considering
amendment of the Zoning Ordinance No . 1239 , passed and approved June 13 , 1960 ,
as amended by Ordinance No . 1339 , passed and approved February 25 , 1963 , in
order to reduce the period of time required for notice by newspaper and signs pre -
ceding hearings by the Board of Adjustment on appeals and applications for varance , and
WHEREAS , notice of said public hearing , setting forth the date , time , place
and purposes of said hearing was published in the Northwest Arkansas Times , a news -
paper of general circulation in said City more than 15 days prior to said public
hearing , and
WHEREAS , following said public hearing , said Planning Commission certified
to the City Council of the City of Fayetteville , Arkansas , its recommendation that an
ordinance be adopted , amending as hereinafter set out , Article VIII, Section 3 of
Ordinance No . 1239 , as amended, to reduce the period of time for said notices to
seven ( 7 ) days , the same being the minimum period required by Arkansas law .
NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FAYETTEVILLE , ARKANSAS :
SECTION 1 . That Article VIII , Section 3 , of Ordinance No. 1239 , as amended
by Ordinance No . 1339 , be amended to read as follows :
"SECTION 3 Appeals or Variances
Any appeal or application for variance to the Board of Adjustment may be
taken by any person, firm or corporation aggrieved , or any governmental
officer , department , board or bureau affected by any decision of the
building inspector based in whole or in part upon the provisions of this
ordinance .
The Board of Adjustment shall publish a notice of the time and place of a
public hearing upon such appeal or application for variation; such notice
shall be published at least once not less than seven ( 7 ) days preceding the
date of such hearing in an official paper or newspaper of general circulation
in Fayetteville , such notice to contain the particular location for which the
appeal or variation is requested as well as a brief statement of what the
proposed appeal or variation consists of. A sign eighteen ( 18) inches high
and thirty ( 30 ) inches wide or larger as determined by the building inspector ,
also giving such notice , shall be placed upon the property by the building
MICROFILMED
DATE yyla
REEL
664 mrE3123
Ordinance No . 1468 - 2 - October 25 , 1965
inspector seven ( 7 ) days before the date of the public hearing . The Board
shall also give notice of such hearing to interested persons and organizations
as it deems feasible and practicable . Upon the date of the hearing any
party may appear before the Board in person or by attorney .
The applicant shall be required to pay a filing fee of ten dollars ( $ 10 . 00 ) to
c ( er the cost of publishing and mailing notices and such other expenses
as may be incurred in connection with such appeal or application .
SECTION 2 . That the City Clerk is hereby authorized and directed to cause the
amendments hereby adopted to be incorporated and published in the supplements to
Appendix A of the Code of Ordinances , City of Fayetteville , Arkansas .
SECTION 3 . All ordinances or parts of ordinances in conflict herewith shall be
and the same are hereby repealed , and this ordinance being necessary for the pre -
servation of 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 .
and approval .
PASSED AND APPROVED this 25th day of October , 1965 .
APPROVED:
i
GUY E :1 BROWN , MAYOR
A,.'T1'rEEST : r -
GEORGVJ�DAVIS , CITY CLERK
•Ot F AT f tri`+
nU1N
CERTIFICATE
STATE OF ARKANSAS
CITY OF FAYETTEVILLE
I. GEORGE J. DAVIS , City Clerk within and for the City of
,F ye,,,atteville , Arkansas , do hereby certify that the annexed and
foregoing is a true and correct copy of the'
therein set forth , and
the same is as it appears of Record in PROCEDURE OF CITY
COUNCIL RECORD, Volume _e�— at Page .thereof .
IN WITNESS WHEREOF , I have hereunto set
my hand and affixed my official seal this
aIlk` 0 6 day of 1910 S
" -,♦
City C16jk
ON RC ':
F
} ss.
Wall r % 1
• C ne . c;rcwt '"'rk rI 'I Ex-Off!co Recorder for
1. 1 yd
Wnsh r.^ c� �;,:r. .ty, do hereby c . 'Y ghat [h^ ❑ :rnex:d or fore•
going instrument was filed for rec�jin my ulfice on the �9day
J, ift sat/. �l5 lock .f,d, and the same is
of YrL //�� �
! +^R
record .1l . ^�..�.�aIt .p-a.ge '9bor
duly recor�ed in .Witness my hand and seal thhiiissnit?ldday .• • .
., CirCt!it clerk and
Ex-Offico Recoder
ORDINANCE NO ,
AN ORDINANCE AMENDING ORDINANCE NO , 1239 , PASSED AND APPROVED JUNE 13 ,
1960 , AS AMENDED BY ORDINANCE NO . 1339 , TO REDUCE THE REQUIRED TIME FOR
NOTICE PRECEDING HEARINGS OF THE BOARD OF ADJUSTMENT ON APPEALS AND
APPLICATIONS FOR VARIANCE .
WHEREAS , a public hearing was held beforei the Planning Commission
of the City of Fayetteville , Arkansas on October 12 , 1965 , for the pur -
pose of considering amendment of the Zoning Ordinance , No . 1239 , passed
and approved June 13 , 1960 , as amended by Ordinance No . 1339 , passed and
approved February 25 , 1963 , in order to reduce the period of time re -
quired for notice by newspaper and signs preceding hearings by the Board
of Adjustment on appeals and applications for variance , and
WHEREAS , notice of said public hearing , setting forth the date ,
time , place and purposes of said hearing was published in the Northwest
Arkansas Times , a newspaper of general circulation in said City more
than 15 days prior to said public hearing , and
WHEREAS , following said public hearing , said Planning Commission
certified to the City Council of the City of Fayetteville , Arkansas , its
recommendation that an ordinance be adopted , amending as hereinafter
set out , Article VIII , Section 3 of Ordinance No . 1239 , as amended , to
reduce the period of time for said notices to seven ( 7 ) days , the same
being the minimum period required by Arkansas law .
NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FAYETTEVILLE , ARKANSAS :
SECTION 1 , That Article VIII , Section 3 , of Ordinance No . 1239 ,
as amended by Ordinance No . 1339 , be amended to read as follows :
-/SECTION 3 - Appeals or Variances
Any appeal or application for variance to the
Board of Adjustment may be taken by any person ,
firm or corporation aggrieved , or any governmental
officer , department , board or bureau affected by
any decision of the building inspector based in
whole or in part upon the provisions of this
ordinance .
The Board of Adjustment shall publish a notice of
the time and place of a public hearing upon such
appeal or application for variation ; such notice
shall be published at least once not less than
seven ( 7 ) days preceding the date of such hearing
in an official paper or newspaper of general circu-
lation in Fayetteville , such notice to contain the
particular location for which the appeal or variation
is requested as well as a brief statement of what
the proposed appeal or variation consists of . A
sign eighteen ( 18 ) inches high and thirty ( 30 )
- 2 -
inches wide or larger as determined by the
building inspector , also giving such notice ,
shall be placed upon the property by the building
inspector seven ( 7 ) days before the date of the
public hearing . The Board shall also give notice
of such hearing to interested persons and organi -
zations as it deemsfeasible and practicable . Upon
the date of the hearing any party may appear before
the Board in person or by attorney .
The applicant shall be required to pay a filing
fee of ten dollars ( $ 10 . 00 ) to cover the cost of
publishing and mailing notices and such other
expenses as may be incurred in connection with
such appeal or application .
SECTION 2 . That the City Clerk is hereby authorized and directed
to cause the amendments hereby adopted to be incorporated and published
in the supplements to Appendix A of the Code of Ordinances , City of
Fayetteville , Arkansas .
SECTION 3 . 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 of the public peace , health , com-
fort , convenience , morals , safety and welfare of the City of Fayetteville ,
Arkansas , an emergency is hereby declared to exist and this orfinance
shall be in full force and effect from and after its passag A pproval .
PASSED AND APPROVED thisoAS4day of , 1965 .
APPROVED :
GUY ROWN , MAYOR
ATTEST :
GEORGE 0AVISr CITY CLERK
STATE of ARKANSAS lI
OROINAMCK I4N } 99.
SASS E NO. 1x39. TO REDUCE County of Washington
13. 1910. AS AMENDED BYORDI- I
AN ORDINANCE A Ni El- D IN G
ZONING ORDINANCE NO 12310. 1
IC BOARD OF ADJUSTMENT I, �� -- -- - , hereby certify that I
PASSED AND aPFRO VEA JUNE
THE REQUDtEO TIME FOR NO- 'i
I-HE PRECEDING HEARINGS OFA, am the (Gen al Manager) of THE NORTHWEST ARKANSAS TIMES,
ON APPEALS AND APPLICA a daily newspaper having a second class mailing privilege, and being not
TIONS TOR VARIANCE. less than four pages of five columns each, published at a fixed place of
WHEREAS, a public hearing was
held before'+Nye Planaing Commis- business and at a fixed (daily) intervals continuously in the City of
kion of the tr of 12, 19 5. [Orle. Ar-
the Fayetteville, Count of Washington, Arkansas for more than a
31M Of on: October L'. 1tte fpr the Y Y frt period
purpoa of considering amendment of twelve months, circulated and distributed from an established place of
of the ping Ordinance. No. 1239,
Passed and approved June 13, 19M business to subscribers and readers generally of all classes in the City
y au fld�d ordinance ga. 1339,
25,
& County for a definite price for each copy, or a fixedrice
p per annum,
which price was fixed at what is considered the value of the publication,
based upon the news value and service value it contains, that at least fifty
D ixi percent of the subscribers thereto have paid cash for their subscriptions
meht on aPDea -■ a to the newspaper or its a agents or through reco nized news dealers over a
h• sea ra•,er. andg g g
a'9FREAS. period of at least six months ; and that the said newspaper publishers an
hr..nre_ cert
tin)c Place average of more than forty percent news matter.
heanne wag
N.)rthu'eAt, I further certify that the legal notice hereto attached In the matter of
C t t„
W ouh
I' R'IIFR
Cril nq. sal a -. Baton
' ------ ---------the
C t. nr =a."gt�'fvt7uil - dean, its
reconm.enda ldtt inst h lHOinance
n( nrod. atdFtidhrr as herein- was published in the regular daily issue of said newspaper for__ .1._---.--- -
.rt out. Anletr t•Itt. Secrioc eomm�6ive insertion as follows:
Oout. nceArt No, 1239 n•
I ' d. to reduce the period nr
r ror *Ad holt(6�1 if'aek•en (T -
tt se ' taI jhe n,trim:,m The first insertion on the _-.._� . ! _ ..-__. day of __L� - _�-- 19
rce vl d' _A rkanaac leu'
NCM F TLY HE CI PF IT CIL the second insertion on the -__--__-__ _-- _ _--_.—_ da of _---___--------------- 19----_-.
On-
I ' a : ffr HV THE CITY TVTT,T F - -- - Y
OF "i-HF CIT' OF FAYETTFCTi.I F
ARKANSAS '
XFCn"ION r Thar AetlNo enc the third insertion on the _. _ ---------------- day of _____-_________-___ 19_.._
S, A on e r. o,` Ordinance Na. '.-,9
mended bt OPa ash Sn vt;e
rM sen i d t read a con and the fourth insertion on the __ - _ ---------- day of .
Fi i appeal Appeata pl Varoition for
'`rn" 1LI o' Boar application for /
r. t t I R r l rif an I n CC
er,00rustmentf na he taken by e.n.-
oer.on . tinnnr cof prxa'ion aft-
grieved. or To .- governmerla' -- _- _
nfficerdepartment . hoard ;
hureau affecle hr an> dr( ':< n- Sworn to and subscribed before me on this ' - day of
of rhe huildfn� inaxcrnr na=ed -._a-_-_______-.__ ---------- -----
in n'hole or in pan now rhr
pru,.as ons of this ordinance
Thr hoard of Adiuctment shall t -
rime - - ..
ri
puhlish a noti��e or the --____________.. .... -._---- -
_________
rrd tiake of a Public hearing
non Sven appeal ' or applica-
%on for car)atlon: such notice
,hall he dlubRshad"at least once y' -a , - r . "
not leas than aster Ti, daa N ary Public
Preceding I The date Or such
hearing in an official paper Cr '
r�r,%Ipapag of general eircula-
ron. is,. r&venecipe. .rmH notice My Commission Expires :
to contain the partigolar loca-
tion for w-hicli '+he •appeal nr ECl'tury z. I'not theit Clerk
vnriaiJon i'S. reavested As ,cell - - 1 is Shereby authorized and mrectedl
ae a hricf 'statement of what ' --------- ----y- -- --EY-r-L------ -' _ to cause the amendments herainy :
-he proposed appeal or yaria_ / Adopted to be incorporated and
on omuiats of, A sign eighteen Published in the supplements to
' c whe• high and th'.rry r¢n1
Appendix A of the Code of Ordl-
tert ><`. k nonances,s. City of Fayetteville. Ar.
m:T II I' or Lacher as de- Fees for Printing ._.__ $ _. -_ 7
term:r �d ro rho jr lding o- _-- SECTION 3. All ordinances or
a I 1, pvinq suoh no- parts of ordinances in
hero- conflict
. I'e = - '1 hr placed m.°° me Cost of Proof ____ _ __ __ Herewith anal be and me umei
irlr^pen " i rhr dais e � $ are hereby re
r n
thr cl - .Germ days before dinance bein pealed, and this ae-
thr .dry �! the nubile hrari .' g - g nhebpry for the
The I] hearing shalt also Total ______ $�C_r.:___1-� h ea I It h,ion of the public peace,
R^-e nM,ce health, comfort. convenience,
.� _ . drto interested morale, safely and welfare of the
rod organ Mona as it e
rasl0t� City of Fayetteville.isheeb Arkansas, an
1 ., this INgb l emergmcy is hereny declar
Parti mar g10eQlle- i esiat and this ordinance shall bel
In full force and effect from and
- Board in person d< b71 after its
Passage and ROVED
P , -mr.i.-ant span be redairMl PASSED day AND APPROVED this
pa - :ng fee d ten dol- , ?Jth day of October. ig65.
c a �
APPROVED:
.Hat .
. no ATTEST UY E. HROWN. Mayor
nn such - •ea GEORGE
Farr ,- ' I. DAVIS
raP':. o:i- ! City Clerk MfteI