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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