HomeMy WebLinkAboutOrdinance 3780 ORDINANCE No. 3780
AN ORDINANCE ADDING SECTION 160.096 TO THE
CODE OF FAYETTEVILLE DEFINING DANCE HALLS
AND MAKING DANCE HALLS A CONDITIONAL USE IN
SPECIFIED ZONING DISTRICTS SUBJECT TO CERTAIN
CONDITIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS :
Section 1 . That the City Council hereby adds Section 160.096 to the Code of
Fayetteville to provide for Dance Halls as follows:
§ 160.96 DANCE HALLS.
A. DEFINITION . Dance Hall - means any building, premise, pavilion,
or place of business wherein dancing is permitted, conducted, or engaged in by
the public in general, including but not limited to private clubs as defined by
ordinance and/or the laws of the State of Arkansas, either for profit or not.
B . Dance Halls shall not be allowed in any zoning district except C-.7 ,
C-3 , and C-4, where they may be allowed as conditional uses subject to the
following conditions:
1 . The applicant for a conditional use permit must give
notice of the application to all owners of the property within 500
feet of the boundary line of the property on which the Dance Hall
facility is proposed. Said notice shall be given at least ten (10)
days before the Planning Commission meeting at which the
conditional use is considered. Notification may be given by
either:
a. A certified letter mailed, return
receipt requested to the property
owner's last known address with a
return receipt filed in the Planning
Office five (5) days before the
Planning Commission meeting at
which the application will be
considered; or
Page 2
Ordinance No. 3 7 so
b. A site plan drawing showing the
property lines, structures on the
property, driveways and parking
spaces, together with a brief written
explanation of the proposed use,
may be circulated among the
property owners and must be signed
by each property owner entitled to
notice under this section. The site
plan drawing must be filed with the
Planning Office five (5) days before
the Planning Commission meeting
at which the conditional use
application will be considered.
2 . A site plan showing the property lines, structures on
the property, driveways and parking spaces shall be filed with the
Planning Office at least fifteen ( 15) days before the Planning
Commission meeting at which the conditional use application will
be considered.
3 . Before a conditional use permit is issued for a dance
hall, the building must be inspected by the Fire Marshall and
Building Inspector to assure compliance with the Arkansas State
Fire Code and to assure that no significant safety hazards exist.
No conditional use permit shall be issued for a dance hall facility
if the building does not pass inspection.
4. § 160. 195 Conditions Governing Application of
Conditional Uses: Procedures shall apply in addition to the
specific requirements set forth above.
5 . All ordinances and parts of ordinances in conflict
herewith are hereby repealed.
Section 3 . The City Council hereby determines that the immediate regulation of
dance halls within the zoning districts of Fayetteville is necessary and essential for the City to
protect the health, safety and welfare of its populace. 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 the passage and approval of this ordinance.
Page 3
Ordinance No. -17go
PASSED AND APPROVED this 19th day of April 1994.
APPROVED :
By : llm�t A
red Hanna, Mayor
ATTEST:
O
By :
Sherry . Thomas, City Clerk
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CERTIFICATE OF RECORD
State of Arksaw
CRY of Fayetteville
I. Starry Thomas, City C art and 1ls•
OWcin recorder for the City of
t' 110.4tv. te . d h,! rby ctrt.ify that the
a.t v :a:i or i .._. r.. ;t. i; r.! rs! p&or l is rw
eloict fort f.• e &;IBM:! • •.oeaer to
ft:'r's ..,etac & lir ; �•i:t�tan f . XKy 1` r:
Pair ! '1 d
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Ckdt7awl ifto011ido Recovdo
ORDINANCE NO. 3780 fore the Planning Commis-
AN ORDINANCE ADDING sion meeting at which the STATE OF ARKANSAS
SECTION 160.096 TO THE conditional use application
CODE OF FAYETTEVILLE will be considered. SS.
(
DEFINING DANCE ' HALLS County of Washington (�
AND MAKING DANCE 3. Before a conditional use
HALLS A CONDITIONAL permit is issued for a dental
USE IN SPECIFIED ZONING hall, the building must belhereb cer-
DISTRICTS SUBJECT TO inspected by the Fire Mar- y
CERTAIN CONDITIONS. shell and Building Inspectorl tify that I am the publisher of T NORTHWEST ARKANSAS TIMES, a daily
BE IT ORDAINED BY THE to assure compliance with newspaper havin a second class mailing privilege, and being not less than four pages of
CITY COUNCIL OF THE the Arkansas. State Fire g 8Pn g ' g P 8
CITY OF FAYETTEV ILLE; Code and to assure that no I five columns each, published at a feed place of business and at a fixed (daily) intervals
ARKANSAS significant safety hazards , continuously in the City of Fayetteville, County of Washington, Arkansas for more than
exist. No conditional use
Section 1 . That the City permit shall be issued for a ' a period of twelve months, circulated and distributed from an established place of business
Council hereby adds Sec- dance hall fatuity if the to subscribers and readersenerall of all classes in the Ci and Count for adefmite rice
'tion 160.096 to the COda of building does not pass , g y City y P
Fayetteville to provide for inspection. for each copy, or a fixed price per annum, which price was fixed at what is considered the
Dance Hans as follows: 4. S160. 195 Conditions value of the publication, based upon the news value and service value it contains, that at
Governing Application of
§160.96 DANCE HALLS. Conditional Uses: Proce. , least fifty percent of the subscribers thereto have paid cash for their subscriptions to the
dures shall apply in addition i newspaper or its agents or through recognized news dealers over a period of at least six
A. DEFINITION. Dance Hall to the specific requirements
- means any building. pre- set forth above. months; and that the said newspaperpublishes an average of more than forty percent news
mise, pavilion, or place of 5: All crdinancesiand parts matter.
business wherein dancing is of ordinanceslin! conflict
permitted. conducted. , Or herewith are hereby
engaged in by the public in repealed. I further cc of that the legal notice hereto attached in the matter of
general, including but not Section 3. The City Council Y g
limited to private clubs as hereby determines that the
defined by ordinance and/or I immediate regulation of
the laws of the State of dance halls within the zon-
Arkansas, either for profit or ing districts of Fayetteville I
not. is necessary and essential was published in the regular daily issue of said newspaper for
for the City to protect the ,
B. Dance Halls shall not be health, safety and welfare consecutive insertions as follows:
allowed in any zoning dis- of its populace therefore an ^ /�
trio except they
C-3, and emergency is hereby dec- ,, ^1 � n i 1
C-4, where they mea be es tared to exist and this oror The fust insertion On the W `/sJ 9�_
lowed as conditional uses nene9 being necessary for dayof 19
subject to the following the public health, safety. ,
conditions: and welfare shall be r! tun the second insertion on the day of 19
1. The applicant for a condi, force and affect from and
tional use permit must give after the passage and ap-
notice of the application to provel of this ordinance, the third insertion on the
all owners of the property day of 19
within 500 feet of the PASSED AND APPROVED
boundary, rine of the prop- this 19th day of April, 1994. and the fourth ItlSettiOn On the
any on which the Dance APPROVED: day of 19
Hall facility is proposed. By: Fred Hanna, Mayor
Said notice shall be given at ATTEST:
!least ten (10) days before By; Sherry L. Thomas
' the Planning Commission City Clerk _ P Q
meeting at which the condi- -
tional use is 'considered.
Notification may be given R �, E 1� V p.
try either: Publisher / General Manager
' a . A certified letter
mailed. return receipt re- . 1994
quested to the property MAY 09
owner's last known address
with a return receipt filed in
the Planning Office five (5) «�pj�
days before the Planning CE D .
Commission meeting at
which the application will
be considered; or
b. A site plan drawing
showing the property lines. ,
structures On the property. 'i /1
driveways and parking
spaces. together with a
brief written explanation of ' Sworn to and subscribed before me on this day of
the proposed use, may be r�r^Y^1 4 I
circulated among the prop- 1 1 ct � ' 19�
arty owners and must be
signed by each property
owner entitled to notice
under this section. The site
, plan drawing must be filed
with the Planning Office
five (5) days before the
Planning Commission meet- Notary Public
Ing at which the conditional
use application will be My Commission Expires: '
considered.
2. A site plan showing thel
property lines, structures on 1 l/
the property. driveways and
parking spaces shall be filed
with the Planning Office et '
least fifteen 051 days be- ! I1 7Sb
- Fees for Printing $ lV
Cost of Proof $
Total .$ �91 �•�J �J
