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HomeMy WebLinkAboutOrdinance 2941 FILED ORDINANCE N0 . 2941 FL ,V,iCR0F1UAE0 � � 3 JCi J 15 51} AN ORDINANCE AMENDING SECTION 17B - 9 OF THE FAYETTEVILLE CODE OF ORDINANCES TO CLARIFY THE SET- BACK REQUIREMENT FOR A FREESTANDING SIGN LOCATED ON PROPERTY WHICH ABUTS A CONTROLLED ACCESS HIGH[dAX . : BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : Section 1 . That Section 17B - 9 ( C) ( 3 ) (b ) of the Fayetteville Code o Ordinances is hereby amended to read as follows : (b ) Shall be set back a miniumum of fifteen ( 15 ) feet from street right - of -way ; provided , an on - site freestanding sign located on property which abuts a controlled access highway shall be set back a minimum of forty ( 40 ) feet from the right - of -way of the service road . Section 2 . That Section 17B - 9 ( D) ( 3 ) (b ) of the Fayetteville Code o Ordinances is hereby amended to read as follows : (b ) Shall be set back a minimum of fifteen ( 15 ) feet from street right - of-way ; provided , an on- site freestanding sign located on property which abuts a controlled access highway shall be set back a minimum of forty ( 40 ) feet from the right - of -way of the service road . Section 3 . The Board of Directors hereby determines that the regu�t o of signs is essential to the public health , safety and welfare ; that the City ' s existing, sign regulations are in need of clarification to adequately regulate the location of signs ; and that the immediate passage of this ordinance is necessary to provide for the adequate regulation of signs . 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 and approval . PASSED AND APPROVED this 20th day of September 1983 . . f , ! , APPROVED : • � , . ATTEST .1 . � By , 4 Ea pt Mayor J city C Itz k V V 360 RECURq Ffrttc of Arkansas City (,f Fayetteville SS I. Su>anne C. Kennedy, City Clerk id itriciorecorderfortheCityofrayet e� do certifY that the annexed or 7'+ ICu`n is of record in my office and the s jp_ Pears in Ordinance & Resolution b � X I Y _at Pag Wit, :: mY hand and seal thi !" y of C' y Cle k and Ex-0ff ci f)c or..'cr CEMI KATE OF RECORD V STATE OF ARKANSAS SS. W;cnngron County corderfor I, Alma L. KOII9OYer Ciraait CI^.'V and EzAf�ficio Rc o- fore. do hs;ebY c+/ 4hat the ann':�- � d ,y Washington County, Fite on the [ , S:- NG1��I 4Ai � Vf It GL�� going tru lent was fJe�r�(forr r OKA" I n'y 91$%, and th„ aame ' �Syfn�- of 19Q� �J �t Pa^ r�'/ mp, _ reco'd 1 - duly recorded i day o - - ' Witness my hand and seZ: Aal t _ y . + , ... ',;; , ..X -r. q yyyJ ,- n f• ;. a R ^� ...far- . C� .cu'i't`C _ k and '�"a . or .Offi i Recorde �fe_.v.• .All-rg. .i hfl T: i; � Y_ y DePutY Clerk � _•• _ .. � � n—_v 2- : ps,. , a . EA.%�� r„'arORbINA"rICE N :1941 STATE of ARKANSAS ANORDINANGE'AMENDING - l SECTION •Alir 9,x.0 F3tTHE } ea. FAYETTEV tLLE!,COD� OF County of Washington j ORDINANCES -,70; CLARIFY t THE SET,-t,B'AC K_ RE O U I' ll E M, E N L ' F O.R . A t FREES T.ANDING 4s'1'G N hereby certify that LOCATWHIG D:rON�< PROPERTY am thepublisherof THE NORTHW ARKANSAS TIMES, adailynewspaper WHICH LAB UTSiA:�CON - - 1 r'R o .�L E Da..Ac�c. E s s having a second class mailing privilege, and being not less than four pages of HIGHWAY:Y BE Ir oltoAINE D'aY THE five columns each, published at a fixed place of business and at a fixed (daily) i BOARD, OF DI RECTORS OF intervals continuously in the City of Fayetteville, County of Washington, Arkansas THE . CITY - OF, FFAV ETA , for more than a period Of twelve months, circulated and distributed from an TEV I LLE, AR KT atA S a +. established place of business to subscribers and readers generally of all classes section” 117 ' T at 'section 17B-9(C) (3) cM of Ina Fayet- , in the City and County for a definite price for each copy, or a fixed price per reville Code of Ordinances is hereby'. amendedi ro read, as annum, which price was fixed at what is considered the value of the publication, follows: - based upon the news value and service value It contains, that at least fifty percent (b) snail: be set back . a of the subscribers thereto have aid cash for their subscriptions to the newspaper minimum of fifteen (15) , feet P P from street right-Of-Way;, pro- or its agents or through recognized news dealers over a period of at least six vleed, ' an. on-site freestanding months; and that the said newspaper publishes an average of more than forty sign located on property which abuts. a . controlled- access percent news matter. k a highway shall, Da sef 0) feet- frntmum e9 forty- Y d I further certifythat the legal notice hereto attached in the matter of from- the��rignt-of-weY ' of,�the g section4l: '•Thoth Sa.ayon , 17B-9(DIiU) . (bl.of;the-FayeF teville Coda40f, Ordinencas .is hereby amended to r«ad' as follows:" et : �.. it (D) : shailCbe set$ DacK�re was published in the regular dally issue of said newspaper for lminimumkOfififtesn '(i5)' feet consecutive insertions as follows: from sireeCri9ht-of-way:.�Pro' ( vidediari- 6'slte' ffetaraneInp sign locatea,on property winch- The first Insertion on the L' day of 19 abuts,•:a"4•controlled :2 access { highway: shall , tt set back si minimumt:of fortyll (40" feat' the second insertion on the day of 19 from.the.+rightof-wBy,' of-,the j service road + pif' the third insertion on the day of 19 �,..Section 7.^e: -8 ird" Of IOiractora•a. herebysOdeterminea tbat the reguiauon'of signs is and the fourth Insertion on the day of 19 "sential�)o;the P4blic'health, safery'-and welfere' rthat the City's existing sign'regulations' are in need'ofitlef.fication to e adeQuatelyrregulate the. lova Sworn to and subscribed before me on this �1 4' flom�of .. aigns.tand thaty the day of dininc is Pass&ary.t provide - ©ems 1 di'nencea4 necassery.to provide nlof 9 for the-adecluatetregvlationrol - slgns':3�T.-earefore �t-an � emergenty,'is hereby.declared ' to ' exists and 'a tlds� ordinance I Who necessary for the public Nctjfy Public 1 health, safety andwelfare snail be In full force and effect from M Commission Expires: and afterlits passage. and SP- Y P . PAsSEDtAND+APPROVED this . 10th•.day 01,Septernber, ,ice isY' PPROVED:' By --Paul R NolaYor may . ATTEST �Q fl C By: Mary ErG{iffin Z Fees for Printing $ Cost of Proof — $ Total _ $ J1Ll,L RECEIVED OCT 2 61983 ACCOUNTS PAYABLE