HomeMy WebLinkAboutOrdinance 2380 ilEU tUN KLUURU
1971
ORDINANCE NO . SEP 30 Pig 3: 03
' e?38a
WASHf!JGTC;i COUNTY, ARK
ALMA KOLLMEYER
AN ORDINANCE AMENDING ARTICLE 81 OF APPENDIX A %Cti ECLERK
FAYETTEVILLE CODE OF ORDINANCES TO AMEND THE ZONING REGULAT-
IONS APLICABLE TO FENCES , WALLS , HEDGES , AND SCREENING REQ-
UIREMENTS ,
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE , ARKANSAS :
Section 1 . That Article 8 , Section 2 of Appendix A to
the Fayetteville Code of Ordinances is hereby amended to read
c� \ as follows :
v 2 . Fences , walls and vegetation . Subject to
the provisions of Sections 1 and 1 . 1 of this article ,
fences , walls and vegetation may be permitted in any
required yard , or any required setback area , or along
the edge of any yard , provided the fence , wall or
vegetation does not materially impede vision as deter-
mined by the Planning Administrator , between vehicular
or pedestrian traffic . In any required yard or any
required setback area , nothing permanent over two and
one-half feet high may be installed which materially
impedes vision between vehicular or pedestrian traffic .
Section 2 . That Article 8 of Section 10 of Appendix A of
the Fayetteville Code of Ordinances is hereby amended to read
as follows :
( d ) Screening required .
( 1 ) At the expense of the owner or lessee of the property ,
and in all zones , the following uses shall be completely sur-
rounded by a view obscuring fence or by view obscuring vegeta-
tion , or a combination of the two , of sufficient height to pre-
vent the view of the premises from vehicular and pedestrian
traffic on adjacent streets : outdoor storage yards , including
but not limited to , auto salvage yards , scrap metal yards , used
furniture yards , and garbage dumps . Where vegetation is used
to meet the requirements of this paragraph or paragraph ( 2 ) be-
low , the vegetation shall be planted at a density sufficient to
become view obscuring within two years from the date of planting .
If vegetation planted under this section does not become view
obscuring within two years , a view obscuring fence shall be
installed .
( 2 ) A view obscuring fence , or view obscuring vegetation ,
or a combination of the two , shall be required between R- 1 zones
and all non-residential uses ( including access drives and parking
lots for six or more cars accessory to any use) and between any
commercial or industrial use and adjacent R- 21 R- 3 or R- 0 zones .
( 3 ) The Planning Commission shall have the authority to
waive or grant a variance from the screening requirements pre-
scribed by Paragraphs ( 1 ) and ( 2 ) above in those instances where
strict enforcement would cause practical difficulties due to
circumstances unique to the property under consideration when
it is demonstrated that such action will be in keeping with the
spirit and intent of this section . The Planning Commission may
impose reasonable conditions in the granting of a waiver or var-
iance to insure compliance or to protect adjacent property . A
violation of any such condition shall constitute a zoning viola-
tion .
® 936 884
MICROFWED,
'!F DATE 1 1978
C REEL
( 4 ) Vegetation having a minimum height of 1 foot , 6 inches
at the time of planting and occupying a minimum of 10 percent
of the open area at the time of planting shall be required ( 1 )
on each side abutting a street of required off- street parking
areas for six or more cars where said areas are in or adjacent
to R zones , and ( 2 ) in , or adjacent to , R zones where the
Planning Commission has granted a waiver or a variance from
the 'screening requirements prescribed by Paragraphs ( 1 ) and
( 2 ) above .
( 5 ) The minimum . parking setback requirements prescribed
by Article 8 , Section 9 (b ) ( 2 ) may be reduced from 25 feet to
15 feet where the parking area is screened on each side abut-
ting a street by vegetation having a minimum height of 1 foot ,
six inches at the time of planting and occupying a minimum of
20 percent of the open area at the time of planting ; provided ,
no intersection visibility zone may be encroached upon by park-
ing .
( 6 ) Required building setbacks may be reduced in accord-
annce with the following table where vegetation having a minimum
height of one foot , six inches at the time of planting and
occupying ten percent of the open area is installed and no off-
street parking is provided in the remaining front yard :
C- 11 C- 2 and I - 1 zones - from 50 feet to 25 feet
R- 0 zone - from 30 feet to 25 feet
i - 2 zone - from 100 feet to 50 feet .
( 7 ) Vegetation installed under the provisions of this arti-
cle shall be continuously maintained to conform to requirements
of this article .
Section 3 . This ordinance shall not apply where screening
has heretofore been required under zoning provisions amended or
repealed by this ordinance .
Section 4 . Article 17 of Appendix A to the Fayetteville
Code of Ordinances is hereby amended by deleting from the def-
inition of " yard , front " the second paragraph therein which
reads as follows : " In any required front yard , no fence or
wall shall be permitted which materially impedes vision across
such yard above the height of thirty inches , and no hedge or
other vegetation shall be permitted which materially impedes
vision across such yard between the heights of thirty inches
and ten feet . "
Section 5 . That the following portions of Appendix A to
the Fayetteville Code of Ordinances are hereby repealed :
Article 7 , Sections 5 (b ) , 8 ( a) , 8 ( c ) , 11 , 15 ( c ) , and 22 ( c ) ,
Article 8 , Sections 9 ( d) ( 3 ) and 10 .
Section 6 . The Board of Directors hereby determines that
the zoning regulations applicable to fences , walls , hedges and
screening are in need of clarification ; and that clarification
of said regulations is necessary for the public health , safety
and welfare . Therefore , an emergency is hereby declared to
exist , and this ordinance being necessary for the public health ,
safety and welfare shall be in full force and effect from and
after its passage .
PASSED AND APPROVED THIS aO DAY OF — " ' , 1977 .
'i ;+I I \ APPROVED :
Zo
A9TES+T : a�
o� MAYOR
CITY CLE
CERTIFICATE
STATE OF ARKANSAS )
CITY OF FAYETTEVILLE )
I , DARLENE WESTBROOK, 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 ,
I
I
Arkansas , therein set forth ,
and the same is as it appears of Record in
/,/') ',#< , Volume
at Page gl<5� thereof . i
I
IN WITNESS WHEREOF , I have hereunto
set my hand and affixed my official
seal this day of
19� i
S E A L )
CITY CLERK
3
Y
. IMFICATE OF RECORD
S7n -- r d CERTIFICAfM f' -' -;ITtD
Ws: u„ r. Cocri „ SS. r
I, Alma L. Kon:ncya , Cler! Otnte. of Arkansas
r �� �i < and Ex•Officio Record r for City of Fayetteville r `'
I Washington County, do hereby cerJj'y that the annex , • . Ore
going in rument was filed for recor in y I' S`cpa 'e Q. Ifenpedy. .ty,l
of y office on •.h� 30 day
Es-Of:ici ., •Mer for the Ci ty :: ;
Ior,R'j>nM, and th• same is
duly recorded in [C� i n( record d 3 do herei); ;� Sf��jj84' the n
Witness my hand
, antl seal this at page
an
qday of � going i5 lrif4^yofficeand
nxpears it' 0::;: rr@cTI `Resoliation
Circwt Clerk and _ .t * Z
Ex-Off'cio �eaordedy tl'e_"^ Wi: -. . ;5",',
hand and :ca! I . oc
Deputyty Clerk - - =.-, 19 --
.f .i
C;ty Cit. CTS -1 -c- :'o ReCOIYiOz
r .
I
ORDINANCEN0. 2300
AN ORDINANCE AMENDING Ali-
'rICLE S, OF APPTJ•mIX A TO THE
FAYETTE4'ILLE CODE OF OR.
DINANCES TO AMENp THE jONING STATE of ARKANSAS 1
REGULATIONS APPLICABLE TO J} Ba
FENCES. WALLS, HEDGES, AAD 08.
REQUIREMENTS COunty Of WaehingiOn
Be IT ORDAINED BY 711E BOARD OF
DIRECTORS OF THE CITY AF
FAYETTEVILLE. ARKANSAS. 1 l
Section I. That Article e, Section 2 of ' •. .- 1^sem 6' IMi
A I, ----_ ---- hereby certify that I
Appendix A to the Fayetteville Code o! ,
011ows ccs n hereby amended to read as am the Publisher of THE NORTHWEST ARKANSAS TIMES, a dally
rot Fear newspaper havin a second class mailing. Peerless. walls and vegetation. SubMrt � g B privilege, and being not lees than
to the provisions of sections l and 1.1 of this four pages of five columns each, published at a fixed place of business and at
article, fences, walls and vegetation may
be permitted in any required yard, or anya fixed (dally ) intervals continuously In the City of Fayetteville, County of
required setback area, or along the edge of Washington, Arkansas for more than a period of twelve months, circulated
any yard, provaled the fence. wall or.
vegelanon does and materially impede and distributed from an established place of business to subscribers and
vision as determined by the Planning readers generally of all classes in the City & County for a definite price for
Adminixtratw, between vehicular or
pedeatnan traffic In any required yard or each copy, or a fixed price per annum, which price was fixed at what is
anyany required setback area, if hingfewt per considered the value of the publication, based upon the news value and
re over two and ooe-, no kat per P P
may be installed which maternally impedes service value it contains, that at least fifty percent of the subscribers
V151011 between vehicular or pedestrian
traffic thereto have paid cash for their subscriptions to the newspaper or Its agents
6- Iron 2 That Article a of Section IU of or through recognized news dealers over a period of at least six months ;
Appendix A M the Fayetteville Coda of
ordinances is hereby amended to read as and that the said newspaper publishes an average of more than forty percent
followsnews matter.
d, Screeimgj required.
1 At halijjissase M the owner or lessee
Of the property, and in all renes. the I further certify that the legal notice hereto attached In the matter of
loactaing uses shnu be completch
surtaundad by a varw nbseunng fence or by
i em obscuring vegetation. or a cam
bmation of the two. of sufficient height to /n
prevent the view M the premises from ._._. ...__ __.—.'��:'`^.. .__..__._n �. ----------------_..
vehicular and pedestrian traffic on ad-
Farm streets. outdoor storage yards,
including but no? limited to, auto salvage was published in the regular daily Issue of said newspaper for.................... . .. .
sdrds scrap metal yards. used furniture consecutive insertions as follows :
pitted--qa o mires the \
reuiremen is used to meet the „mss h
requirements M thatthe
Paragraph re' The first Insertion On the -. ._.. l-T-�
p:vagrned 2a below. the vegcuuon shall
_--`.. day o[ .----...-..._----... 19_
be planted at a dewily sufficient to betnme
new obs vnng within me Years From the the second Insertion on the __.. .__ __._..__. day of ____------- 19...........
dale M planting. R vegetation planted
under this archin cities not become view
obseu8ng within two years, a view oD- the third insertion on the _.___
scurfngfenke shall is lnealled _-_-..---- --- day Of - 19.........._
2� A view obaiRing fence. or view
obscuring vegetatiurb or a combination of
the liveshelf be required between R-t and the fourth insertion on the __. __.._..___ day of ___._-__------------_
zones and all nesttaidentiai use an 2
eluding access drives andParkinglots for
N x w more can sassel rto any foie i and
between any commercial or induerlal use lV:
and adjacent R-2. R-2 or velizones.
. The Planning Comin:siam shall have )�—
:he auMonti to waive or grant a variance
from the ser ing requirements Sworn to and subscribed before me on this __.Af._.--- day Of
prestnbe..l by Paragraphs t and 121
.::,me in thoee trutancea " here strkt ,I
euforcemnt ,wsuid cause practical diL . , v_... ',
iieulnes Oiraknrtumatarnces unpuerotis ...._-_.----------A?<-- _... lC:� 19....27
property with
tspirit
consideration when it Is
demonstrated that such action will be in
keeping wire the Planning
and intent M this
section_ . Planning Commitmentsin may
impose waiver
ce jhrbbm in the NO PabliC---
complia a waiver or variantt to name
compliance or to protect adjacent
shall con Auie violation any such candilion '
snail % met bon hanmg ablation My Commission EzplreB :
:I too,
6 inches
havtog e minimum height r
the1 Foul, tr mchea el the times planting s{ O
and occupying a minimum M to percent of
the open area at the time M lash og dull
vi required t o dace ode abutting a
street M required off a4ey'pmtin8 arms;
forsixormorecarsNareas art he `, lq 'a�
or adiacent m R msec, n. in, or ab Fees for Printing __.... 11_.._ r
jacenl toComH nits w Hamm
%
rias etrasion has granted _
vananbed 1Iy Paragraphs-
Cost O1 Proof __._.—_. _,_..
prescribed by Paraaraplu-kit gift t2i .. _.—_-.-.-.
above _:' . , `�^s
qui The minimum pa by setback, Total
requirements p hun% bed by Arbek g, -"'-'-'—"– _---
Stttion 15 f e 2. may' the
narked from ss
feet n IS Fret chert the parking area 'u
sereered on each sae abuluna a strew by
vegetation having a mimknight I
I". pix Indies m the timee of M planting and nd
occupying a immmum M 20 percent M the
Midarta at the none of , planting:
ptb/ ed, no intersection vis Ibility Ione
may be ecmache l upon by parking.
till Required bui Hing setbacks may nd
reduced at accurdame with the following
table where vegetation having a minimum
height d oke fooc sot inches at the time of
planting and recopying ten percent of the
opw area is installed and m oaatreet
parking is provided in the remaining frail
yard
I. L 2 and I nines —trorn NJ Icer lo 2.
eel
N 0 zone--from eo feel to is feel
1 2 zine—from Ifo feel to W feel
Vegetation Insta IIM uric
pro%siuns of this article shalt Its
inunusfy maintained to conform oto
requmemenb of that article.
.Section 1. This ordinance shall not apply
xis-re screening has heretofore been
rrqumed under zoning provisions amended
or repealed by this ordinance.
Section 1. Amele 17of Appendix A to the
Fayetteville Code of Ordinances is hereby'
amended by deleting from the definition of
"yard. front' the second paragraph
therein which reads as follows "in am
required front yard. no fence or wall shall
he permitted which materially impedes
vision across such vard above the height of
thirty inches, and no hedge or other
vegetation shall be permitted which
materially impedes vision across such
yard between the heights of thinly inches
and len feet."
section 8. That the following portions of
Appendix A to the Fayetteville Code of
Ordinances arc hereby repealed:
Article ]. Sections 5, li Blat l it .
13 c i. and 22,c 1,
Article 8. S lions di. J1 slid io
Section 6 The Board of Directors bereft%
determines that the zoning regulations
applicable to fomes, walls, hedges and
screening are in need of clarification. and
that clarificalinn of said regulations is
oecessaq for the public health, safety and
welfare. Therefore, an emergency is
herehv declared to exist. and [hot or
dinance Ming necestaq for the pubic
health. safety and welfare shall be in full
force and effect from and after its passage.
PASSED AND APPROVED THIS AI
DAY OF September, 19TI.
APPROVED
Ernest E. Lancaster
MAYOR
ATTEST
Darlene A estortok
CITY CLERK
