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HomeMy WebLinkAboutOrdinance 1501 • • 1 682 PAGE 425 FILED FOR RECORD n n r1Jt!N ' 66 ORDINANCE NO . 21 �� /IS�p q1-I " GOUtITY AN ORDINANCE AMENDING ORDINANCE NO , 1239 , PASSEDWANI PROVED JUNE 13 , 1960 , AS AMENDED BY ORDINANCES N011.12?8 �, r�$,� R10 , 14251 TO PERMIT MORTUARIES AND MEMORIAL GARDENS ( Ci6fiRIES ) WITHIN A- 1 ANNEXED TERRITORY DISTRICT AND 0- 1 OPEN LAND DISTRICT . WHEREAS , a public hearing was held before the Planning Com- mission of the City of Fayetteville , Arkansas , on June 1 , 1966 , for the purpose of considering amendment of Zoning Ordinance No . 1239 , passed and approved June 13 , 1960 , as amended by Ordinance No . 1284 , passed and approved January 22 , 1962 , and Ordinance No . 1425 , passed and approved November 23 , 1964 , in order to permit establishment of mortuaries and memorial gardens ( cemeteries ) within A- 1 Annexed Territory District and 0- 1 Open Land District , 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 , and further consider- ation and study of - said proposed amendments on June 14 , 1966 , said Planning Commission certified to the Board of Directors of the City of Fayetteville , Arkansas , its recommendation that an ordi- nance be adopted , amending as hereinafter set out Article IV , Section 5 of Ordinance 1239 , as amended by Ordinance No . 1425 , and Article V , Section 14 of Ordinance 1239 , as amended by Ordi- nance No , 1284 , NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : SECTION 1 , That Article IV , Section 5 of Ordinance No . 1239 , as amended by Ordinance No . 1425 , be amended by adding sub- paragraph " i." to paragraph 1 , as follows : 1 . Uses Permitted i . Mortuaries and memorial gardens ( cemeteries ) . SECTION 2 . That Article V , Section 14 of Ordinance No . 1239 , as amended by Ordinance No . 1284 , be amended by adding sub- paragraph " h . " to paragraph 1 , as follows : MICROFILMED DATE OCT ! 0 1978 REEL.�� FACE 426 2 - 1 . Uses Permitted s ff- -W h . 14ortuaries and memorial gardens ( cemeteries ) . SECTION 3 . That Article V , Section 14 of Ordinance 1239 , as amended by Ordinance No . 1284 , be further amended by adding sub- paragraph " d " to paragraph 3 , as follows : 3 . Area and Bulk Regulations d . Uses involving public assembly and other non- residential uses . Minimum Lot Area 1 acre Minimum Front Yard 35 feet Minimum Rear Yard 50 feet Minimum Side Yard 50 feet SECTION 4 . 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 5 . All ordinances or parts of ordinances in conflict herewith shall be and the same are hereby repealed , and this ordinance shall take effect from and after its passage , approval and publication . PASSED AND APPROVED thisa/L. day of 1966 . APPROVED : 49_; L DON TRUMBO , JR . , MAYOR ATTEST : Ok. tAYf .0 (;. ` : m EORG IS , CITY CLERK ,4 { tau �` � : .T b:MHI{1HF \ 1 682 PACE 427 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 foregoing is a true and correct copy of the ro �At AewtCLw °l� �Ji ��Q therein set forth , and the same is as it appears of Record in PROCEDURE OF CITY COUNCIL RECORD, Volume 0z at Page &L thereof. IN WITNESS WHEREOF , I have hereunto set ( ► . .. ...../ my hand and affixed my official seal this day of 19 Gal 6 46 City e CERTIFICATE OF RECORD STATE OF ARKANSAS Washington County I ss. I, Lloyd McConnell, Circuit Clerk and Ex-Officio Recorder for Washington county, do hereby certify that the annexed or fore[ goin instrument was filed for record in my office on the.?/.day ofJ , , , , , , , , , 19�.�at3l:D'clockPM, and the same is duly recorded inY�. . . . . . . . . . record G at page , �� Witness my hand and seal this/. . day of . . . . . Circuit and ./. . . Ex-Oflico Recoder '� OIfDOMiANO! NO. 15x1 STATE of ARKANSAS - AANN ORDWANCE AMENDING OR- 88. )DINANCS NO, UNE PASSED AND 'AP.$AOVO JUNE Il; 19fA, As County of �Vashipgton Iftak ED O. O11DINgNJCIM-1 ( ) IMO a�d NA, AND TO •RER MIT . CC l`�Al MORDENS ($ AND MEMORLC -' G )GARDENS (CEMETIa+IEs) rrK)Ry' _ hereby certify that I SIN A-1 ANNIOEED TRRRTPORYI I, _-'--_ "- - .._----------------------------------------- , DISTRICT AND 011 OPEN: LANDi am the (C neral Manager) of THE NORTHWEST ARKANSAS TIMES, 'DIST WHEREAS, a public hearing a daily newspaper having a second class mailing privilege, and being not was held before the Plannipi Com- less than four pages of five columns each, published at a fixed place of mission of tha Cltg. ot'FaYatteyllte. iArlransss, on Jugc. 1'..196_. . for' .the business and at a fixed (daily) intervals continuously in the City of ' Durpose of id 1 _. " amandipent Fayetteville, County of Washington, Arkansas for more than a period ,of ,Zoning OrGingn6 No: 1239 ipaased and a Jtme 13.. 19so, of twelve months, circulated and distributed from an established place of °° a'nendM bs Qraflsance N°' business to subscribers and readers generally of all classes in the Cit r178,4. Dass♦an apd appiova January B Y Y 22, 1962, and ordinance No• leu, & County for a definite price for each copy, or a fixed price per annum, P" and approvedANONAMI r. 23r 1164. !n order to permit edtnDllsh which price was fixed at what is considered the value of the publication, meat of me art" and mxnortal based upon the news value and service value it contains, that at least fifty 4ardem (cemeteries) within A-1 Annexed Territory Jlletiiet and percent of the subscribers thereto have paid cash for their subscriptions tl-i open Land District, and to the newspaper or its agents or through recognized news dealers over a WHEREAS, notice of said public date, eriod of at least six months ; and that the said news a ublishers an hearing, setting forth the datee,, P er P P P time, piece and purposes of 504 average of more than forty percent news matter. hearing was published in the Northwest Arkansas Times, a I further certify that the legal notice hereto attached in the matter of newspaper of general' circulation In acid City more than is days prior to said public hearing. and W„HEREAS, following iaid public -f--_ hearing, and further considera- tion andstudyof said proposed —_____________—___—__—____________._.___. .amendments on June 14, 1966, said Punning Cf Directors certified ty was published in the regular dais issue of said newspaper for______�_—_____ the Planning Board of Directors certified the Ctty, P B Y of Fayetteville, Arkansas, lta Aoneeeali� insertion/ as follows : recommendation that an ordinance be adopted, amending as heretn- , 99 , / after set out Article IV, Sections The first insertion on the _—___ eY+=d__ day of ___—___ 19i of Ordinance 1239; as amended by Ordliwnce No. 1425, and Article V,I Section 14 of Ordinance 1239: a, d i e second th on OR e __—______ amended by Ordinance No, 1284. th __________.__ day of _________... 19__._ NOW, THEREFORE. BE IT. OR- . DArNED BY THE BOARD OF DI- t112 third insertion on the RECTORS,dF THE CITY OF FAY- i ------------------ day of __—____—___ 19_ ETTEVILLto ARKANSAS! SECTION L ThatArticle IV. Section s of, Ordinance o, 1239, as , and the fourth insertion on the __----- __ day f __ _ 19l___ amended by Ordlnance No. 1425,1 be amended by adding sub-pare- graph 1"'to p"'graph4 1, as fol- £ , Iowa: I. uses remitted — I. Mortuaries and memorial L gardens (cemeteries). �F SECTION z, That Article v, sec Sworn to and subscribed before me on this ____e�I_"_ ______ day of tion '14 of Ordlndnce No. 1239, ash nmended by Ordinance No. 1284,• be amendedby adding subpara- graph "h." to paragraph 1. as fol- — 19_ r . Iowa: 1. Uses Pd . h. Mortuaries and memorial garde. cemeteries), _ tAV'LL SECTION S. it Article V. Sec- tion 14 of Ordinance -Nas amended by Ordinance _No, 1284, be further amended by adding sub. sub- ,ggaraph "d” to paragraph 3, as M Commission Expires : wX J. Arae and Bulk Regulations -d. -diem involving public as- sembly and other non-real- _ _ _f O _f dlr_e dential uses. f Minimum Lot Area 1 Acre 'Minimum Front Yard 35 feet G { Minimum Rest Yard 4o feet / [ / z0 Minimum. Side Yard 56 feetr Fees for Printing __—_ $____._ _._____ SECTION 4. That the City Clerk , is hereby authorized and directedl to cause the amendments hereby Cost of Proof ____— $___—_—________ adopted to be incorporated and .published In the . supplements to nAanceaai City oott Fay evi f Ordr- Total -- $�Y_• 'Z.D_ kanaas. SECTION s. All .ordinances 'or party t oces a in —same betew14h shalt. bq ena, the acme ore hereby repealed, and this om and aft shh11' -Lake � ' effect from and after Sts' passage, apiproval end publication. PASSED, AND APPROVED this ' '20th day of Tune, 1966. APPROVED: , IiON T$tJ1480, JR., Mayor _ ATTEST: GEORGE J. DAMS, City Clerk