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Home My WebLink AboutOrdinance 4858 ORDINANCE NO. 4858 AN ORDINANCE AMENDING CHAPTER 161 : ZONING REGULATIONS, UNIFIED DEVELOPMENT CODE, TO PROVIDE UNIFORM BUILDING HEIGHT RESTRICTIONS IN RESIDENTIAL SINGLE-FAMILY ZONING DISTRICTS; AND AMENDING CHAPTER 156: VARIANCES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That §§ 161 .04 through 161 .08 subsections (F), Height Regulations are hereby repealed, and the following is inserted in their stead: (F) Height. Structures in this District are limited to a building height of 45 feet as measured from the lowest point of the structure at the historic grade. The height of a proposed structure may only be increased above 45 feet by obtaining a variance after hearing by the Planning Commission. Existing structures that exceed 45 feet in height shall be grandfathered in, and not considered nonconforming uses. Section 2. That § 156.02 (B) is hereby amended by inserting the following: (5) Building height variance in residential single-family zoning districts. (a) The Planning Commission shall have the authority to grant a variance to allow a proposed structure to exceed a height of 45 feet in Residential Single-Family Zoning Districts in those instances where, owing to special conditions and circumstances, literal enforcement of the building height restrictions would result in unnecessary hardship or the applicant can show that the additional height requested will not adversely affect adjoining or neighboring property owners. (b) The Planning Commission may prescribe appropriate conditions and safeguards to ensure any variance will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Ord. 4858 Page 2 of 2 April 18, 2006 ptllnnlp,r PASSED and APPROVED this 18w day of April, 2006. �ERR ' %, iG.'�1SY pF'SG ? U • AP "COOY, ATTEST: c ; FAYETTEVILLE ; AA N GTO %N0 SONDRA SMITH, City Clerk 'ALDERMAN AGENDA REQUEST FORM C . 3 , lel FOR: COUNCIL MEETING OF APRIL 4, 2006 FROM: ALDERMAN BRENDA THIEL ORDINANCE OR RESOLUTION TITLE AND SUBJECT: An Ordinance Amending Chapter 161 : Zoning Regulations, Unified Development Code, To Provide Uniform Building Height Restrictions In Residential Single-Family Zoning Districts; And Amending Chapter 156: Variances APPROVED FOR AGENDA: as Brenda Thiel Date Alderman �� !�✓ .lr%7— 3 z8' znoG David Wh ' aker Date Assistant City Attorney (as to form) �, r i �! ! ��- •x •�:: ( � !:. 'iii rcad� "S y/y/Dh ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 161 : ZONING REGULATIONS, UNIFIED DEVELOPMENT CODE, TO PROVIDE UNIFORM BUILDING HEIGHT RESTRICTIONS IN RESIDENTIAL SINGLE-FAMILY ZONING DISTRICTS; AND AMENDING CHAPTER 156: VARIANCES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That § § 161 .04 through 161 .08 subsections (F), Height Regulations are hereby repealed, and the following is inserted in their stead: (F) Height. Structures in this District are limited to a building height of 45 feet as measured from the lowest point of the structure at the historic grade. The height of a proposed structure may only be increased above 45 feet by obtaining a variance after hearing by the Planning Commission. Existing structures that exceed 45 feet in height shall be grandfathered in, and not considered nonconforming uses. Section 2. That § 156.02 (B) is hereby amended by inserting the following: (5) Building height variance in residential single-family zoning districts. (a) The Planning Commission shall have the authority to grant a variance to allow a proposed structure to exceed a height of 45 feet in Residential Single-Family Zoning Districts in those instances where, owing to special conditions and circumstances, literal enforcement of the building height restrictions would result in unnecessary hardship or the applicant can show that the additional height requested will not adversely affect adjoining or neighboring property owners. Clarice Pearman - Ord. 4858 Page 1 From: Clarice Pearman To: Thiel, Brenda Date: 4.24.06 5:41 PM Subject: Ord. 4858 Alderman Thiel, Attached is a copy of the ordinance passed by City Council, April 18, 2006. Have a good day. Thanks. Clarice CC: Audit; GIS Clarice Pearman - Fwd: Ord. 4858 Page 1 From: Clarice Pearman To: Pate, Jeremy Date: 4.24.06 5:41 PM Subject: Fwd: Ord. 4858 >>> Clarice Pearman 4.24.06 5:41 :32 PM >>> Alderman Thiel, Attached is a copy of the ordinance passed by City Council, April 18, 2006. Have a good day. Thanks. Clarice Arkansas Democrat IWItaxene Northwest Arkansas Times Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE: 479-571 -6415 AFFIDAVIT OF PUBLICATION I , Maria Attaway, do solemnly swear that I am Legal Clerk of the Arkansas Democrat Gazette newspaper. Printed and published in Benton County Arkansas , (Lowell) and that from my own personal knowledge and reference to the files of said publication , the advertisement of: Ordinance 4858 Was inserted in the Regular Editions: April 26, 2006 Publication Charge : $ 114 . 98 1. ORDINANCE NO. 4858 ' AN ORDINANCE AMENDING CHAPTER 161: ZON- Subscribed and sworn 1 before me ING REGULATIONS, UNIFIED DEVELOPMENTTayekl This, (Oay of 200RESTRICTITIONS 1N ESIDENTIAL SDE UNIFORM INGLEFANG IMILYZONING DISTRICTS; AND AMENDING CHAPTERANSAS j 156: VARIANCES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, r ARKANSAS: rye! , t Notary Public Section 1. Thal 161.G4 through 161.06 subsiclions (F), Height Regulations are hereby repealed, and the following Is Ihserted in their stead: ` ~Sharlene D. Williams (F) Height t of the in thisure District aro ric gra to a b e height height of e es measured from Rie Invest point of the structure at the historic grade. The height of aproposedPlanning structure may only be L, increasedabove exceed d45leet by stIn obtaining hall he after headngbythe Planning Cidered on. Existing hl Ota Public structures that exceed 451eet In height shed be grandfathered In, and co[ considered roneonfprm- ' My Comm iSs no�A%r gas In uses. My Commission Expires Section 2. That § 156.62 (B) is hereby amended by Inserting the folk nng: i ,r P ,: r :r., October 18, 2014 (5) Building height variance i 1residential sfogle-lam y zoning districts. t ._ J (a) The Planning Commission shall have the earmority to grant a variance to sliow a proposed struo- **NOTE** Please do not pay from Afff day lure to exceed a height of 45 feet in Residential Single-Family Zoning Districts in those Instances where, owing to special conditions and clrcunMances, literal enforcement of the building height Involve Will be sent. restrictions would result in unnecessary hardship or the applicant can show that the additional height �I L ' requested will not adversely affect adjoining or neighboring property owners. : r (b) The Planning Commission may prescribe appropriate conditions and safeguards to ensure erry variance will not be Injurious to the netghbomood, or otherwise detrimental to the public welfare. PASSED and APPROVED this 18th day of April 2006. , I APPROVED; rATTEST: 7 .. BY: . By: y DAN GOODY, Meyer ' - SOHDRA SLOTH, City Clerk r I RECD '- 'PWD APR 2 8 2006 COY OF FAYJE.fifeV1{_f CtTYIFr�rb�FiF