HomeMy WebLinkAboutOrdinance 1918 FOR RECORD
ORDINANCE N0 . Ad 073 JUN — 8 Pia 1 19
AN ORDINANCE TO AMEND ARTICLE 4 , SECTION 1 ( d )CIII1g�j �£ fEYNO .
1747 [APPENDIX A . CODE OF ORDINANCES ] OF THE CITY OFTLLTIIUfII LE ,
ARKANSAS ; TO PROVIDE A MORATORIUM ON BUILDING PERMI� A'1�
I�Wo.tf �EFR� 20NING
APPLICATIONS ARE PENDING ; AND FOR OTHER PURPOSES ;
1 BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTE -
VILLE , ARKANSAS :
Section 1 . That Article 4 , Section l (d ) of Ordinance No . 1747
[ APPENDIX A , CODE OF ORDINANCES ] is hereby amended to read as follows :
" (d ) characteristics of use
which were lawful before this ordinance was passed or amended , but
which would be prohibited , regulated or restricted under the terms
of this ordinance or future amendment , it is the intent of this
ordinance to permit these non - conformities to continue until they
are removed , but not to encourage their survival . It is further
the intent of this ordinance that non - conformities shall not be
enlarged upon , expanded or extended , nor be used as grounds for
adding other structures or uses prohibited elsewhere in the same
district .
It is not the intent of this section to prohibit the improvement
of non - conforming residences by adding bath facilities or connect -
ing to utilities as long as the bulk and area requirements of the
R - 3 district are met .
Non - conforming uses are declared by this ordinance to be incompat -
ible with permitted uses in the districts involved .
A non - conforming use of a structure , a non - conforming use of land ,
or a non - conforming use of a structure and land in combination
shall not be extended or enlarged after passage of this ordinance
by attachment on a building or premises of additional signs intended
to be seen from off the premises , or by the addition of other uses ,
of a nature which would be prohibited generally in the district
involved . "
Section 2 . That Article 9 of Ordinance No . 1747 [ APPENDIX A , CODE
OF ORDINANCES ] is hereby amended by the addition of a section to be
numbered 7 which said section reads as follows :
" 7 . SusSus ending issuance of permits pending amendments . No permit
for t epi erection of anteing or structure , or permit for
the conduct of any use , shall be issued for a period of not more than
90 days after the question of amending this ordinance , so as to
prohibit the use or building contemplated in the area concerned ,
MICROFILMED DEED 89 PpGE, 428
DATE OCT 1 3 1978
REEL
has been referred to the Planning Commission . For the purpose
of this section an amendment has been referred to the Planning
Commission when a rezoning petition or official request for
rezoning study is filed with the Planning Administrator . Pro -
vided , that if final action by the City Board of Directors is
not taken on the question within three months of the time the
matter is so referred , the permit shall issue if all other
requirements are met . If within such three - month period the
governing body of the municipality shall pass an ordinance
amending this ordinance so as to prohibit such building , struc -
ture or use no such permit shall be issued .
Provided , however , that nothing contained in this paragraph
shall prohibit the issuance of a building permit or permit for
the conduct of any use if an application for said permit to -
gether with all fees required and a complete set of plans dem -
onstrating complete or substantially complete compliance with
all building and zoning requirements is filed with the Plan -
ning Administrator prior to the reference to the Planning
Commission .
Section 3 . This ordinance shall be in full force and effect
from and after its passage , . approval and publication .
PASSED AND APPROVED THIS C2Ld1� DAY OF 1973 .
APPROVED :
14,1
Mayor
ATTEST :
City luerk
DEED 8 9 ?AGE 429
CERTIFICATE
STATE OF ARKANSAS
CITY OF FAYETTEVILLE
I . HELEN YOUNG , 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 Fayetteville ,
Arkansas , (1//1JU1/170n?Ge� �p /9/p
therein set forth , and the same its as it appears of Record in
Volume [� at Page /�lE/�2 thereof .
IN WITNESS WHEREOF , I have hereunto
set my hand and affixed my official
seal this Q day of
v� IA9Er192 .
A
CITY OLERK
f all
CERTIFICATE OF RECORD
. 'STATE OF ARKANSAS ) SS.
Washington County )
I, Alma L. Kolimeyer, Circuit Clerk and Ex-Officio Record :r for
washington County, do hereby cerli;y than :ha annexed ,r fore-
going instrument was filed for reLord in my of`ice on the _$ day '
ot�Q, 71�t2. 19aat : l(9„Ic:k P.M, and tho sane is
tlWy, recorded in record 'r45? at pagay�
Mfltq= ply, hand and seal thisJl_day ot_�_19 73
___ALMA_Ka mFYF�
Circuit Clerk and
Ex-Officio Recorded
�y Deputy Clerk DEED 849 PAGE 430
1
CERTIFICATE OF RECORD
State of Arkansas ( S4i.
City of Fnyet_ville ( '
'+
I, Suzanne C. 1Cen::c 'v. Cit; Clerk and -
+v
nd tv :.f F,:yetteville, .
do hereby ccrfiF; LAA the .. ;m •,o , or fore
going is of record in my of`ice 'T.e•d t'le same ap- -
Pears in Ordinance l.esol,aion book ..
--^t P1;^,e Witness my
hand and real this day of .
City Clerk and Ex-Officio Recorder
uuury VNIV. hill 1a1g
'XN To A>IgND Ai=l , STATE o1 ARKANSAS 1
FW-V 1 Or OF ORDINANC 11 J}
ti: \FYE\DI}: A UpU➢
OF
9S.
OR IHNANCDes OP TFM Cpi OF FAY- County of Washington
is Wlimill ON 8171WIN'O P➢R-
]Irra W-fm.& REyQNi\O APPISCA- r
TIONS HRH' leF1NDINC ; AND FOR (,� [• _, hereby certify that I
H➢ IT ORDAMED BY TM ROARn ' am th Pu Asher OY HE NORTHWEST ARKANSAS TIMES, a daily
of i,rrR;vnA,v OF ANSL (,Trr?oF newspaper having a second class mailing g g
FAYhmillicH•LF. OFR THE P B Prlvile e, and beim not lees than
section- 1. Tose Arerle 4. simian 1 . four pages of five columns each, published at a fixed place of business and at
(N of Drolituvod J�1s��,� 1747 U.PMXmX
A, gin➢ PF 1H{p1q#,NCEci is hereby a [lied (daily ) intervals continuously in the City of Fayetteville, County of
smandea to --- fouowsc Washington, Arkansas for more than a period of twelve months, circulated
Aldi Maracter1011w of use
which wen lawful before this ordimaee and distributed from an established place of business to subscribers and
was passed or amounted, butwNeL readers generally of all classes In the City & County for a definite price for
would be prohibited, regulated or rc
strmea under me terms o< this or- each copy, or a fixed price per annum, which price was fixed at what is
almnce of future attvadment, it Is i considered the value of the publication, based upon the news value and
talent of this ordlaance An Permit ' P P
these non-conformities to continue um- i service value it contains, that at least fifty percent of the subscribers
el they are removed, but not to en- thereto have p newspaper g
famn¢e their survival. It is further paid cash for their subscriptions to the news a er or its agents
the intent of this ordmaam that 71011- or through recognized news dealers over a period of at least six months ;
cordomw es shall ON be enlarged tl -
on, esponded or extended, nor be and that the said newspaper publishes an average of more than forty percent
use.i as grounds for adding Other news matter.
atrnriates or ucee pruhilgud elsewhere
In the same district
n is not the intent of we mention I further certify that the legal notice hereto attached in the matter of
to Prohibit the Impms'etnent of non-
mnfn -ning redderres by adding beth
famitirs w connecting to utilities as
long as the bulk and area require- . xh
menta of LM R.3 district are mat.
Non-ronrorming uses are declared ir,
this mumenre to be incompatible with
perm led n+es in the districts involved. was published in the regular daily issue of said newspaper for.
A nomronfoistaing use of a structure.
a non-conforming use of land, or a consecutive insertions as follows :
nntonformins on of a minimum and
land 111 r enlarged shall not es sof
tended a ace by atter Passage of The tire[ insertion on the ___ __ day of
b ordinance hn attachment it l
building or premises of addit Me '
Ugns intended y the
xdd roan on thri the second insertion on the day of __________... 19.
psel, of a by the addition of otEbe
usrs, of a nature which would b
pmhibl ud generally In Gro district the third insertion on the
- _ _
. day of - .-.._____--.--- --- 19
involved."
section 1. That Article 9 of ordinance
No. n47 ) is bD1x A. ronin of and the fourth insertion on the ___ _ da of --..__-.---___-------- 19__.-__
noS 1747E(A is hemb, amended inat -___ . _ y
addition of a section to be nu ebs(!d
7 which Aid Nlen reads as follow•[ n ` 1
7.3lect. PENDING DIISSVAN® OF pl♦R No _ II'An � c A_ I
permit for the emeti n 0STLY Z
fair a West
of not more ton 51 dale city Sworn to and subscribed before me on this _ flay of ___----___—
question at amending this Pr mince.
b as be psmhi Wt me use or Winding
cismb
ham been
taied re to erre ninnmed,
has been referred to the running Oasm --- -
_ ____---_--_-- ---
__-----ton
an_ metar the t has e e this sap t
Pan an amendment hes been when a
the Punning Omnmisal request when e '
retuning petition or ed wit thefor
rcznning ntud.' is ntea with the TiP ----------- - ------- -- -
ning Administrebr. lhwsdded. that if Nota Public
first action by me Insert Hoard At
Directors is not taken On the question .
within three mnnths a the time the Commission Expires :
matter is x referredthe report shell
Fsnm if all other requirements Am mel.
1f within such three-menet xrkd itis
Trwit unrelenting Mrdv of the mnriAhe sty
s1Nn pass an ortmances amending this
ordinance me as to prohiblt such bafW`
Ing, simnure or use no such Petwt 'I
.bell w Issued. Fees for Printing
PT~, howevw, that nothing ma- rr B {._---JQ• --
bined . m this ims"jimph a1LLn prahlDitl
Mo Issuance of a building Peron or
permit for the rvnduct of any use It I Cost of Proof _.._---------- j----------._---__--_-----
an application me sold yer3falt together '
with Ad fees required 8114 a Class I
set of plans demonstrating cemplet: Total ___-.___..
or substantially complete C Pllance with all building and seeing res
means is filed with the Hanning Ad-
minishebt prior to Us Mferentw ma
the Manning o mmlesun.
Retihn 1 we ordinance dhoti be In
full fun mass effect from and after
its Passage, approve) and Mblteatlon.
PAiMD AND APPROVED TEM iia
DAT OF NAY. 1973.
AppROt2'D:
Russell T. Purdy, Messer
ATTEST:
Helen Young, City Clem
114 14
