HomeMy WebLinkAbout1951-09-10 MinutesIT
IM
88
LLED Fayetteville -City Council met in a CALLED SESSION Friday, August 24th, 1951.
Present: Mayor Powell M Rhea -City Attorney A.D.McAllister-$ . and Aldermen;Richardson,Burge,
eting TcGoodwin, Williams, Heflin and Kent. Absentee fildprmen Pratt and Kincaid, and City Clerk
J.W.McGehee.
Alderman 'Richardson was uhanimously elected as Clerk Pro -tempore.
Aldermen Pratt and Kincaid waived notice of the meeting and consented, in writing to the
folding of the meeting`.
I The Mayor stated that -the - purpose of the meeting was -to discuss the protection of t
dis- Cityfs White 'River Pump Statim, which appeared"tobe endangered by the construction or
s the threatened construction of-a'dike'or'leve'e'on.lands on -the East side of White River oppo
site the City's Pump -Station Belonging to one Gene Goff;
f I Alderman Williams made a-motiori that the Mayor and City Attorney be instructed to
ke file an injunction suit against the owners'of lands upon which a dike -or levee is being
I
onstructed opposite the City's Wkiite River Pumping Statioh, and that the Mayor be authc
ized to emplojr such engineering and' -legal assistance as may be required to protect the
City's interest' -in this action; This notion was seconded by Alderman Burge, which was s
passed Vnanimously by the Council.
TAere being -no- further business,
y Alderman Kent and was passed unanimously
ouncil adjourned.
Acting Clerks
Alderman Williams moved to adjourn,seconded
by the Council, and the Mayor declared the
Approved :
Mayor
Fayetteville Ciigy Council met in regular session, Monday.. September 10th, 1951.
Present: City Clerk J.W.McGehee-p-City Attorney A. D. McAllister$' Fire Chief.Burl Skelton.
nd Aldermen Burge,McGoodwin, Pratt; Williams, Kincaid, Heflin and Kent. Absent:Alderman
'Ri.chardson and Mayor Powell M.Rhea.
ams
Alderman Williams who had been elected to serve as Mayor Pro -tem during the absence of
em Payor Rhea, called the Council to o'rder"and the minutes of the regular meeting of August
20th and the Called meeting of August 24th were read and approved.
tition Mr. Chas.W.Atkirison presented a petition signed by W.A.Glass& Wife and Rev Tommy Gibson
pen d wife and Mrs.Minnie L.Hariey"asking thatt-a street be opened from the South and of
uth l�uchanan Avenue to Stone Street, Alderman MoGoodwin made a motion that the petition be
chanan referred to the City Attorney and City Engineer'to ascertain what rights the City has in
reet complying with the rea:Aest, this motion was seconded by Alderman Burge and was passed unan-
imously by the council.
Request tol A petition signed by a number of residents on Mt Sequoyah was presnted asking tha.
restore us service to Mt.Sequoyah be restored,'after discussion, Alderman McGoodwin made'a moti
Bus ser- khat the Petition -big referred7to Mr.Younkin and that he be instruebed to report back to
ieeon the Council what action he planned'to take onrthe request, this motion was seconded by
`tiSequoyaj lderman Heflin and was passed unantmously by the Council.
In the absence of City Engineer Mahaffey, Alderman Burge presentrthe applications
or the following Building Permits:
Bldgpermits No.545 for Labe Joiner .::.......::.. at 15 N.Walnut Street
I No'546 Franklin Std)re (Ready to wear). 117 S.Block
approved. No;554 Johnnie Bassett 8 units, with bath & laundry at Oakland & Berry
No.555 Glen McWhorter ..Pt Lot 1 Wilson -Dunn Addition on South Duncan
No 556 R.L.Vaughan Pt Lot S. Block 6, Original Town
Alderman Burge made a motion -that they be approved -and City Engineer authorized to issu
he permits,'-trUs motion was seconded by Alderman McGoodwin and was passed unanimously b',
l)y the Council.
The ZONING ORDINANCE -which had been left on its second reading at the regular
passion of August 20th, was called up,gnd after discussion, Alderman McGoodwin made a
otion that it be placed on its third and final reading, this motion was seconded by Ald
$pan Kent and was passed unanimously by the Council.
The Clerk then read the Ordinance the third and final time.
he Mayor then put the quesbion;shall the Ordinance pass"?; and on roll call by the Clerl
he following vote resulted; Ayes: Burge, McGoodwin, Pratt, Williams, Kincaid,Heflin and
ant. Nays:None. Absent and not voting: Richardson. And the Mayor declared the Ordinance
assed, as there were 7 Ayes and no nays.
Alderman McGoodtin"made a"motion that the emergency clause be adopted, this
otion was seconded by Alderman Kent,'and on roll call by the Clerk, the following vote
'as recorded; Ayes: Burge, McGoodwin ,Pratt,'Williams, Kincaid, Heffiln and Kent.
ays:None; Absent and nett voting: Richardson. And the Mayor declared the emergency clause
dopted as there were 7 Ayes and no Nays.
the ,cu. c31.
3891
ORDINANCE NO. 1002
AN ORDINANCE relating to and regulating planning and zoning within the City of Fayetteville,
Arkansas; regulating and restricting the use of land and location of buildings designed for special
uses; regulating and restricting the location of trades and industries; regulating and .limiting the
height and bulk of buildings; regulating and determining the area of yards, courts and other open
spaces; regulating and limiting the density of population; dividing the city into districts and es-
tablishing by reference a zoning map, setting forth the boundaries of said districts for said pur-
poses; creating a Board of Adjustment and defining its powers and duties and fixing the. term of office
of the members thereof; providing for the interpretation and enforcement of this ordinance and pre-
scribing penalties for violations thereof; providing for permits and certificates of occupancy, and
providing that if any clause, sentence, section, paragraph or part of this Ordinance shall be held
invalid, that such invalidity shall not invalidate the remainder of this Ordinance;
P R E A M B L E
WHEREAS, it is recognized that land overcrowded with buildings is both the most prevelant
and worst evil of cities, and
WHEREAS, it is recognized that immeasurable evils to the physical and mental welfare of in-
dividual citizens and to the well-being of the community inevitably arise from haphazard growth of
populated places, and particularly where they are large, industrialized and congested, and
WHEREAS, the separation.of the City of Fayetteville into districts or zones for different
purposes and for different kinds of buildings, for the regulation by prescribed districts of the
kinds of buildings, for the regulation by prescribed districts of the kinds of buildings to be
erected therein, the proportion of the lot to be covered, and the uses to which both may be put
within the districts, including location, height, area, and use regulations of both land and
buildings would tend to attract a desirable and assure a permanent citizenship, promote happiness
and contentment, stabilize the use and value of property,and promote the peace, tranquility, and
and good order of the -City of Fayetteville.
NOW THEREFORE, Be it ordained by the City Council of the City of Fayetteville, That:
SECTION 1. DEFINITIONS.
For the purpose of this Ordinance, certain terms and words are herewith defined as follows:
Words used in the present tense include the future tense;
words in the plural number include the singular;
the word "building" includes the word "structure";
the word 11shall" is mandatory and not optional.
ACCESSORY BUILDING OR USE: A subordinate building, or a portion of the main building having
a use customarily incident to or located on the lot occupied by the main building; or a use customarily
incident to the main use of the property.
ADDITION: See SUBDIVISION.
ALLEY: A public way which affords only a secondary means of access to abutting property.
See STREET and PLACE.
ALTERATIONS:
As applied to a building or structure, means a change or rearrangement
in the
structural
parts or in
the exit facilities; or an enlargement, whether by extending on a side
or by
increasing
in height;
or the moving from one location or position to another.
ALTERATIONS, STRUCTURAL: See STRUCTURAL ALTERATIONS.
APARTMENT: See FAMILY UNIT.
APARTMENT HOUSE: See DWELLING, MULTIPLE.
APARTMENT HOTEL: A building containing both family units and non -family units and in which
services customarily furnished in hotels are available to the tenants.
AREA, NET SITE: The total area within the property lines of a project excluding external
streets.
BASEMENT: A story having part, but not more than half its average height below grade. A
basement is counted as a story for the purpose of height regulation. See CELLAR,
BOARDING HOUSE: A residential building, where for compensation, meals, or lodging and meals,
are provided for four (4) or more, but not exceeding twenty-five (25) persons and providing that
there are not more than fifteen (15) sleeping rooms for such persons. See HOTEL and LODGING HOUSE.
BUILDING: Any structure having a roof supported by columns, piers or walls, designed and
intended for the support, enclosure, shelter or protection of persons, animals or chattels. When a
structure is divided into separate parts by unpierced walls, extending from the ground up, each part
is deemed as a separate building, except as provided in SECTION 10.
BUILDIPIG, FRONT LINE OF: The line of that face of the building nearest the front line of
the lot. This face includes sunparlors and covered porches, whether enclosed or unenclosed, but
does not include steps; except that when the building is located in the first fire zone the words
"front line of building" shall be as defined as in Ordinance No. 995 adopted by the City Council of
the City of Fayetteville, April 23, 1951, or any amendment thereof.
BUILDING, HEIGHT OF: The vertical distance measured from the highest of the three following
levels:4
a. From the street curb levels;
b. From the established or mean street grade in case the curb has not been constructed,
c. From the average finished ground level adjoining the building if it sets back from the
street line; to the level of the highest point of the roof beams of flat roofs or roofs
inclining not more than one inch to the foot, and to the mean height level of the top
of the main plate and highest ridge for other roofs.
90
BUILDING, PRINCIPAL: A building in which is conducted the main or principal use of the lot on
which said building is located.
BUILDABLE WIDTH OR BUILDABLE DEPTH: The width of depth respectively of that part of the lot
not included within the open spaces herein required.
CELLAR: A story having more than one-half (2) of its average height below grade. A cellar
is not included in computing the number of stories for the purpose of height measurement. See BASE-
MENT.
CENTER LINE OF STREET: The level at the center of street in front of the building measured
at the center of such front.
CLUB OR LODGE: A building or portion of a building used by an association for the promotion
of some common object, excepting clubs, the chief activity of which is a service customarily c� ried
on as a business.
COURT: An unoccupied space, open or covered at the top, wholly or partially enclosed by the
walls of a building or group of buildings. It may serve at the grade level or at the level of any
floor of an adjacent building which it serves.
COURT, INNER: A court entirely within a building or surrounded by walls or by walls and an
interior lot line. Its horizontal dimensions shall each be not less than two and one-half (22) inches
for each foot of its height and in no case shall its least dimension be less than six (6) feet.
COURT, OUTER: A court with at least one side open to a street, alley or yard. Its horizon-
tal dimensions shall each be not less than two (2) inches for each foot of its height and in no case
shall its least dimension be less than five (5) feet.
CURB LEVEL: The mean level of the established curb in front of the building. Where no curb
has been established the City Engineer shall establish such curb level for the purpose of these regu-
lations.
DISTRICT: A section or sections of the City of Fayetteville for which the regulations govern-
ing the use of buildings and premises and the height and area are uniform.
DORMITORY: A building or group of buildings designed or altered for the purpose of accommo-
dating students or members of religious orders with sleeping quarters with or without communal kit-
chen facilities and administered by bona fide educational or religious institutions.
DWELLING: Any building or portion thereof, which is used exclusively or designed to be
used for residential purposes.
DWELLING, SINGLE FAMILY: A building designed for or occupied by not more than one (1)
family.
D'NFLLING, TWO FAMILY: A building designed for or occupied by not more than two (2) families.
DWELLING, MULTIPLE: A building designed for or occupied by more than two (2) families.
DWELLING, ROW HOUSE: A multiple family dwelling in which the units are joined in parallel,
or side by side, each having a separate front entrance facing a dedicated street or place approved by
the Planning Commission, and a separate rear entrance or exit to a rear yard.
DWELLING, GROUP: A group of dwellings, not more than two rooms deep facing upon a place as
herein defined.
FAMILY: A group of one or more persons occupying premises and living as a single housekeeping
unit, as distinguished from a group occupying a boarding house, fraternity or sorority house, lodging
house or hotel as herein defined.
FRATER14ITY OR SORORITY HOUSE: A building owned or leased by a general or local chapter of
some regularly organized college fraternity or sorority, or by or on its behalf by a building corpora-
tion or association composed of members or alumni thereof, and occupied by members of the local chap-
ter of such fraternity or sorority, as a place of residence.
FRONT LINE OF BUILDING: See BUILDING, FRONT LINE OF.
FRONTAGE: All the propertyon one side of a street or place be'tweentwo intersection streets
or places (crossing or terminating)'measured along the line of the street, or place, or if the, street
or place be deadened, then all the property abutting on one side between an intersecting street or
place and the dead-end of the street or place.
GARAGE APARTMENT: A family unit .located over, or attached to a private garage.
GARAGE, COMMUNITY: Any building, or premises, other than a public, private or storage garage,
providing storage for power driven vehicles, having no service facilities other than for washing; such
garage to be in lieu of private garages for occupants of abutting properties.
GARAGE, PRIVATE: A subordinate building used exclusively for housing motor driven vehicles
which are the property of and are used by the occupants of the lot on which the private garage is
located. However, a private one -car or two -car garage may be rented on a weekly or monthly basis
for automobile storage only, provided no other building on the lot is used as a garage.
GARAGE, PUBLIC: Any building or premises, except those described as private garages, used
for the storage of cars or motor -driven vehicles, or where any such vehicles are equipped for opera-
tion, repaired, or kept for remuneration, hire or sale.
GARAGE, STORAGE: Any building or premises, except those defined as a community, private or
public garage, providing storage for power driven vehicles and having no service facilities other
than for washing.
GASOLINE FILLING STATION: An establishment, the business of which is the operation of a
motor fuel filling station, and where repair work is limited to lubricating andwashing-of cars;
changing and minor patching of tires, and where no fender bumping or major chassis or motor re-
pairs are made.
GRADE:
(a)
For
buildings adjoining one street only, the elevation of the sidewalk at
the center of
that wall
parking
adjoining the street.
no motor vehicles
(b)
For
buildings adjoining more than one street the average of the elevations of
the sidewalks
at the
centers of all the walls adjoining the street.
(c)
For
buildings having no wall adjoining the street the average level of the
finished surface of
the
ground adjacent to the exterior walls of the building.
(d)
Any
wall approximately parallel to and not more than five (5) feet from a
street line is
to be
considered as adjoining
the street.
HEIGHT OF BUILDING: See BUILDING, HEIGHT OF.
H0IE OCCUPATION: Any occupation in connection with which there is no sign or display that
will indicate from the exterior that the building is being utilized in whole or in part for any
purpose other than a dwelling; in connection with which there is: (a) no stock in trade kept nor
commodity sold upon the premises, (b) no food prepared, (c) no person employed other than a member
of the immediate family residing on the premises, (d) no mechanical equipment used except such as
is permissible for purely domestic or household purposes.
HOTEL: A building occupied or used as more.or less temporary abiding place of individuals
or groups of individuals who are lodged, oath or without meals and in which there are more than
fifteen (15) sleeping rooms, and no provision for cooking in individual rooms. See BOARDING HOUSE
and LODGING= HOUSE.
HOTEL, RESIDENTIAL: A dwelling occupied by permanent guests only and not by transients. It
may include restaurants, news-stands andother accessory services primarily for serving its occupants,
and only incidentally the public.
LODGE: See CLUB or LODGE.
LODGING HOUSE: A residential building where lodging only.is provided for four (4) or more,
but not exceeding twenty-five (25) persons, and which does not contain more than fifteen (15) sleep-
ing rooms for the accommodation of paying guests. See BOARDING HOUSE and HOTEL.
LOT: Land occupied or to be occupied by a building and its subordinate buildings, together
with such open spaces as are required under this Ordinance, m d having its principal frontage upon
a street or officially approved place.
LOT, CORNER: A lot abutting upon two (2) or more streets at their intersection,
LOT, DEPTH OF: The average horizontal distance between the front and.rear lot lines.
LOT, DOUBLE FRONTAGE: A lot having a frontage on two (2) non -intersecting streets, as
distinguished from a corner lot.
LOT OF RECORD: A lot which is part of a subdivision, the map of which has been recorded
in the office of the County Recorder of Washington County, Arkansas.
LOT WIDTH: The mean horizontal distance between the side lot lines measured at right angles
to the depth..
MULTIPLE DWELLING: See DWELLING, MULTIPLE.
NON -CONFORMING USE: A building or land occupied by a use that does not conform with .the use
regulations of the district in which it is situated, at the time of the adoption of this Ordinance.
PARKING LOT:
Any open space
other
than a street
or alley, used for the
temporary
parking
of motor vehicles;
no motor vehicles
being
on exhibit or
for sale.
PARKING LOT, COMMCIAL: A parking lot open for the use of the public for a fee or charge;
or for the exhibit or sale of motor vehicles.
PARKING LOT, PRIVATE: A parking lot, the use of which is reserved,for the use of tenants
of a particular building or buildings.
PARKING LOT, RESERVED: A parking lot, the use of which is reserved for customers of an
adjacent business and for the use of which no charge is made.
PARKING SPACE: The area required for one automobile, which in this Ordinance is held to be
an area ten (10) feet wide and twenty (20) feet long, not including passageways.
PERSONAL SERVICE SHOP: An establishment, the business of which is the selling of personal
service such as beauty parlors, barber shops, valet shops, shoe -shining stands, etc.
PLACE: An open, unoccupied space other than a street or alley, permanently reserved for the
purpose of access to abutting property. See STREET, and ALLEY.
PLAT: A map, plan or layout of a city, torn, section or subdivision indicating the location
and boundaries of individual properties.
PORCH, OPEN: A roofed space attached to a building on one or more sides aid open on the
remaining sides; one or two stories in height.
PRINCIPAL BUILDING: See BUILDING, PRINCIPAL.
PROFESSIONAL OFFICE: An office of recognized professions such as doctors, architects, en-
gineers, artists, musicians, designers, teachers and others who through training are qualified to
perform services of a professional nature.
RESIDENTIAL HOTEL: See HOTEL, RESIDENTIAL.
39
RESTAURANT: An establishment, the business of which is the serving of food for compensation
and in which beer, urines or spirituous liquors are not served.
SCHOOLS, PUBLIC:
A. Public Elementary: An institution of instruction covering grades 1 to 6= -supp-
orted from public funds.
B. Public Junior High School: An institution of instruction covering grades 7 to
9 --supported from public funds. •-
C: Public High School: An institution of instruction covering grades 10 to 12 --
supported from public funds.
D. Public College or University; An institution of special instruction covering the
fourth, fifth, and sixth years following the secondary shcool--supported from pub-
lic funds.
SCHOOLS, PRIVATE OR SECTARIAN:
A. Private Elementary: An institution of instruction covering grades 1 to 6 --supported
by private or sectarian funds.
B. Private Junior High School: An institution of instruction covering grades 7 to
9 --supported by private or sectarian funds.
C. Private High School; An institution of instruction covering grades 10 to 12 --
supported by private or sectarian funds.
D. Private College or University: An institution of special instruction covering
the fourth, fifth, and sixth years following the secondary school --supported by
private or sectarian funds.
BUSINESS COLLEGE: On in which instruction is given to prepare for business life by teach-
ing bookkeeping, stenography, typewriting, and business law.
TRADE SCHOOL: one which provides instruction for its students in a trade handicraft or the
like.
SETBACK: The minimum horizontal distance between the front line of the building, excluding
steps and unenclosed porches, aryl the street line.
STABLE, PRIVATE: A stable with a capacity for not more than four (4) horses.
STABLE, PUBLIC: A stable with a capacity for mm -e than four (4) horses.
STORY: That portion of a building, other than a cellar, included between the surface of any
floor and the surface of the floor next above it; if there be no floor above it, then the space be-
tween the floor and the ceiling next above it.
STORY, HALF: A space under a sloping roof which has the line of intersection of roof decking
and wall space not more than three (3) feet above the top floor level. A half -story containing an in-
dependent family unit shall be counted as a full story for the purpose of height regulation.
STREET: A public thoroughfare which affords principal means of access to abutting property.
See ALLEY and PLACE.
STREET, CENTER LINE OF: See CENTER LINE OF STREET.
STREET LINE: The dividing line between the street and the abutting property.
STRUCTURE: Anything constructed or erected, the use of which requires more or less permanent
location on the ground or attachment to something having a permanent location onthe ground.
STRUCTURAL ALTERATIONS: Any change in the supporting members of a building, such as bearing
walls, columns, beams or girders, or any substantial change in the partitions or in the roof.
SUBDIVISION: Any area of more than one lot, containing or abutting on a street or streets,
a plat of vhiich has been filed for record. An addition is a subdivision for the purpose of this
Ordinance.
SUBORDINATE BUILDING: A secondary building, the use of which is incidental to that of the
building.
TAVERN: An establishment, the business of which is the serving of beer, wine or spirituous
liquors and where food or meals are or are not served.
TOURIST COURT: A building or group of buildings containing one or more guest rooms having
separate outside entrances for each such rooms or suite of rooms and for each of which rooms or
suite of rooms, automobile parking space is provided on the premises.
TOURIST HOME: A building of residential character offering lodging with or without meals,
to transients for compensation.
TRAILER CAMP: A parcel of land on which there is located or intended to be located two or
more trailer homes occupied for living purposes.
TRAILER HOSE:
A vehicle
without
motive power,
designed
to be drawn by a motor vehicle, for
residential occupancy
or for the
carrying
of persons.
YARD: An open space, other than a court, on the same lot with a building, unoccupied and
unobstructed by any portion of a building from the ground upward, except as otherwise provided here-
in. In measuring a yard for the purpose of determining the depth of the rear yard or the width of a
side yard, the mean horizontal distance between the lot line and the building shall be used; for de-
termining the depth of the front yard, the mean horizontal distance between the street line and the
building shall be used.
YARD, FRONT: A yard extending across the front of a lot between the side lot lines and being
the mean horizontal distance between the street line and the buildings or any projection thereof,
other than steps, unenclosed balconies and open porches.
YARD, REAR: A yard extending across the rear of a lot measured between lot lines and being
the mean horizontal distance between the rear lot line and the rear of the building or any projection
thereof other than steps, unenclosed balconies or open porches. On corner lots the rear yard shall
be considered as parallel to the street upon.which the lot has the least dimension. On both corner
lots aril interior lots the rear yard shall in all cases be at the opposite end of the lot from the
front end.
YARD, SIDE:
A
yard between
the building and the
side line of the lot extending from the front
of the building to
the
rear yard.
in vhich the
building is located.
SECTION 2: DISTRICTS AIM BOUNDARIES THEREOF.
In order to classify, regulate and restrict the locations of grades, industries and buildings
designed for spcified uses; to regulate and limit the height and bulk of buildings hereafter erected
or structurally altered; to regulate and limit 'the intensity of the use of lot areas; to regulate and
determine the area of yards, courts and other open spaces within and surrounding such buildings, the
City of Fayetteville, Arkansas is hereby divided into districts of which there shall be seven (7) in
number, known as:
"All Residence District.
"B° Two-family Residence District.
"C" Multiple Family Residence District.
I'D" Multiple Family Residence District.
°E° Commercial District.
!IF" Business District.
"G" Industrial District.
The boundaries of the districts are shown upon the map attached hereto aid made a part hereof,
which map is designated as the "Zoning District Map". The district map attached hereto, recorded in
the office of the Recorder of Deeds of Washington County, Arkansas, and on file in the office of the
City Clerk of the City of Fayetteville, and all notations, references and other information shown
thereon are a part of this ordinance and have the same force and effect as if fully set forth or
described herein.
When definite distances in feet are not shown on the"Zoning District Map°, the district bound-
aries are intended to be along existing street, alley or pletted lot lines or the extensions of the
same, and if the exact location of such line is not clear, it shall be determined by the City Engin-
eer, due consideration being given to location as indicated by the scale of the 'Zoning District Map.
When the streets or alleys on the ground differ from the streets or alleys as'a
.shon on the
'Zoning District Map, the City Engineer may apply the district designations on the map to the streets
or alleys on the ground in such manner as to conform to the intent and purpp e of this Ordinance.
Except as hereinafter provided:
1. No building shall be erected, converted, enlarged, reconstructed or structurally altered,
nor shall any building or land be used for any purpose other than is permitted in the district in
which the building or land is located.
2. No building shall be eredted, converted, enlarged, reconstructed or structurally altered,
to -exceed the height limit hei-ein established for"the district in which the building is located.
3.
No building shall
be erected, converted, enlarged,
reconstructed
or structurally altered
except in
conformity with the
area regulations of the district
in vhich the
building is located.
4. The minimum yards and open spaces, including lot area per family requirements required by
this Ordinance for each and every building existing at the time of passage of this Ordinance,:'or for'
any building:.hereafter erected, shall not be encroached upon or consideree as yard or open space re-
quirements for any other building.
5.
Every building
hereafter erected or
structurally altered shall be
located on a lot as here-
in defined
and in no case
shall there be more
than one building (other than
accessory buildings) on
the one lot
unless otherwise provided in this
Ordinance.
SECTION 3: °A° RESIDENCE DISTRICT REGULATIONS.
USE REGULATIONS.
In the "All
Residence District no building
or premises
shall be used and no
building therein
shall be erected,
or structurally altered except
for one or
more of the following
uses:
1. Single-family dwellings.
2. Art galleries, libraries, museums, recreational grounds, fire stations or other public
buildings or uses owned, controlled and operated exclusively by the City of Fayetteville; Washington
County, Arkansas; the State of Arkansas or the United States of America.
3. Public or private elementary and secondary schools,'colleges or universities, whether
sectarian or non-sectarian. (Trade shcool, whether public or private, sectarian or non-sectarian
are specifically prohibited in the "All Residence District). '
4• Farming, truck gardening and nurseries, not involving the erection, maintenance or con-
duct of a retail store on the premises.
5. Accessory buildings, including one (1) private garage or bervants quarters, when located
not less than sixty (60) feet from the front line and not less than five (5) feet from any other
lot line, or a private garage or servants quarters may be constructed, inconformity with the struc-
tural requirements of the City of Fayetteville as a part of the main building. Any servants quarters
9
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shall be occupied by servants employed on the premises and shall not be occupied as a separate domicile,
nor constructed as a separad:e family unit.
6. Accessory uses, customarily incident to the above uses and located on the same lot therewith,
not involving the conduct of a retail business:
(a) The term accessory use shall include home occupants, such as physician, dentist, sur-
geon, musician, artist, architect, real estate dealer, (provided, however, that such accessory use of ho
occupation shall not be construed* to mean 11beauty parlorst' or office of a veterinary surgeon under the
following restrictions:
(1) That such uses are located in the building used by a person as his or her private res -
idence.
(2) That no assistant other than a member of the family household is employed.
(3) That no window display or sign, either illuminated or more than one square foot in
area is used to advertise the same.
(4) That no power other than electric and for domestic purposes only be used.
7. Signs not exceeding eight (8) feet in area, appertaining to the lease, hire or sale of the
building or premises on which the same is erected.
HEIGHT REGULATIONS.
In the "A" Residence District no building shall hereafter be erected or structurally altered to
exceed two and one-half (22) stories in height. See SECTION 10. %
YARD REGUTA TIONS.
In the "All Residence District, every building hereafter erected or structurally altered shall
provide the following yards:
FRONT YARD: There shall be a front yard having a depth of not less than twenty-five (25) feet
to the front line of the building, except in the following instances:
1. In any subdivision, the recorded plat of which contains niminum building lines, said lines
shall be construed as establishing the minimum depth of front yards for affected lots, except in cases
where front yards of greater depth than required by the said building line are actually established by
buildings on forty (40) per cent of more of the frontage. In the latter case, the front yard depth so
established shall prevail.
. 2. Where lots comprising forty (40) per cent or more of the frontage are developed with build-
ings having an average front yard with a variation in depth of not more than ter. (10) feet, no build-
ing hereafter erected or structurally altered shall have a front yard of less depth than the average
front yard so established.
3. Where lots comprising forty (40) _rer cent or more of the frontage developed with build-
ings having front yards with a variation in depth of more than ten (10) feet, no building hereafter
erected or structurally altered shall have a front yard of less than the front yard depth of the
next adjoining building if only lots on one side of the proposed improvement are developed, nor less
depth than the average depth of the front yards of the next adjacent building on each side, if lots
on each side are developed.
4. Buildings on lots having a double frontage shall provide the required front yards on both
streets.
5. Where front yards have been established on each of two intersecting streets,'there'shall be
a front yard in conformity with these -regulations on each side of a corner lot; provided, however,
that the buildable width of such lot shall not be reduced to less than thirty (30) feet if sane was
held under a separate and distihelt',ownership from adjacent lots and of record at the time of the pass-
age of this Ordinance, or if such lot is an original corner lot in a iiulyj approved and recorded sub-
division; provided, further, that no accessory building on a corner lot shall be located in or project-
ed into the established front yard on either street, nor shall the door or doors of any accessory build-
ing, when open, project into the, established fr m t yard on either street.
There shall be a rear yard of not less than twenty-five (25) feet. See SECTION 10.
SIDE YARD:
There shall be a side yard on each side of every dwelling or accessory building of not less
than five (5) feet. See SECTION 10.
AREA REQUIMEMS.
In the "A" Residence District, every dwelling hereafter erected or structurally altered shall
provide a lot area of not less than seven thousand (7000) square feet per family unit; provided, how-
ever, that where a lot has less area than herein provided and the plat thereof is now duly recorded,
as provided by law, in the office of the Recorder of Deeds of Washington County, Arkansas, said lot
may be occupied by not more than one family.
SECTION 4. "B° TRO-FAI:TILY RESIDENCE DISTRICT REGULATIONS.
USE REGULATIONS.
In the °B° Two-family Residence District no building or premises shall be used and no building
or premises shall be used and no building therein shall be•erected or structurally altered except for
one or more of the following uses:
1. Any use permitted in the 'lA° Residence District.
2. Two-family dwellings.
3. Churches and other places of worship.
4. Accessory buildings and uses customarily incident to any of the above uses when located on
the same lot and not involving the conduct of a retail business.
HEIGHT REGULATIONS.
In the "Bu Two-family Residence District no building shall hereafter be erected or structually
altered to exceed two and one-half (22) stories in height. See SECTION 10.
YARD REGULATIONS.
1
All buildings in the "B" Two-family Residence District hereafter erected or structually alt-
ered shall comply with the front, side and rear regulations of the "A" Residence District, except
that the front yard may have a depth of not less than twenty (20) feet.
AREA REQUIREMENTS.
In the 'B" Two-family Residence District, every building hereafter erected or structually
altered shall provide a lot area of not less than seven thousand (7000) square feet per building,
and not less than three thousand five hundred (3500) square feet per family unit; provided, however,
that where a lot has less than the area herein required and the plat thereof has been duly recorded,
as provided by law, in the office of the Recorder of Deeds of Washington County, Arkansas, said lot
may be occupied by not more than one family.
SECTION 5. "C" MULTIPLE FAMILY RESIDENCE DISTRICT REGULATIONS.
USE REGULATIONS.
In the "C," Multiple Family Residence District no building or premises shall be erected or
structurally altered except for one or wore of the following uses:
1.
Any use permuted in the "B"
Two-family Residence District.
2.
Multiple Family Dwellings.
3•
Greenhouses not involving the
conduct of a retail business on the premises.
Lt.
Hospitals and clinics, excepting veterinary hospitals and veterinary clinics.
5.
Public assembly buildings and
institutions of an educational, philanthropic or eleemosynary
nature, except penal institutions.
6.
Boarding and Lodging Houses,
and Private Clubs not involving the conduct of a business;
except Fraternity and Sororities,
and Dormitories.
7.
Hotels aid Tourist Courts.
8.
Privately operated Libraries
and Museums.
9.
Community Garages
10.
Accessory Buildings and uses
customarily incident to any of the above uses when located
on
the same lot and not involving
the conduct of a retail business.
HEIGHT REGULATIONS:
In the "C" Multiple Family RAsidence District, no building shall hereafter be erected or
structurally altered to exceed eight (8) stories, or ninety (90) feet in height.
YARD REGULATIONS.
FRONT AND REAR YARDS: All buildings in the "C" Multiple Family Residence District hereafter
erected or structurally altered shall comply with the front and rear yard regulations of the "B"
Two-family Residence District,
SIDE YARDS: All buildings in the "C" Multiple Family Residence District hereafter erected
or structurally altered, rot over three (3) stories in height, shall com5ly with the side yard regu-
lations of the "A" Residence District. For buildings more than three (3) stories in height, the side
yard in addition to otherwise. complying wi th the requirements of the "A" Residence 4 District, shall
be increased one (1) foot in width for each additional story above the third.
AREA REQUIREMENTS:
In the "C" Multiple Family Residence District every building hereafter erected or structurally
altered shall provide a lot area of not less than seven thousand (7000) square feet per building, and
not less than two thousand (2000) square feet per family unit; provided, however, that Where a lot
has less than the area herein required and the plat thereof has been duly recorded, as provided by
law in the office of the Recorder of Deeds of Washington County, Arkansas, said lot may be occupied
by not more than one family.
SECTION 6. "D" MULTIPLE FAMILY RESIDENCE DISTRICT REGULATIONS,
USE REGULATIONS:
In the "D" Multiple Family Residence District, no building or premises shall be used and no
building therein shall hereafter be erected or structurally altered, except for one or more of the
following uses:
1. Any use permitted or required in the "C" Multiple Family Residence District,
2. Fraternity and Sorority Houses and Dormitories.
HEIGHT REGULATIONS, YARD REGULATIONS AND AREA REQUIREMENTS shall be the same as required in
"C" Multiple Family Residence District.
SECTION 7. pull COMMERICAL DISTRICT REGULATIONS.
USE REGULATIONS.
In the "E" Commercial District no building or premises shall be used and no building therein
shall hereafter be erected or structurally altered, except for one or more of the following uses:
1. Any use permitted in the "C" Multiple Family Residence District.
2. Any commercial establishment or place of amusement offering goods or services for sale
at retail, not involving the manufacture or treatment of products other than manufacture or treat-
ment which is clearly incidental to the conduct of such retail establishment, and provided that such
use is not obnoxious or offensive by reason of the emission of odor, dust, smoke, gas, noise or vi-
bration and is not expressly prohibited by any other regulation or ordinance of the City of Fayetteville.
3. Storage garages.
HEIGHT'REGULATIONS.
No building in the "E" Commerical District shall be erected or structurally altered to exceed
two and one-half (212) stories in height, except that when an "E" Commerical District is adjacent to
r surrounded by "C" or "D" Multiple Family Residence Districts, residential buildings may be erected
r constr ted to exceed eight (8) s s or. ni t 90 feet in he'ah#�. See section 10
YARD Regula. ons. F�SNP �'i REAR YARDS :All Built n s in eh� �� Co erci�iJistrict r
it structurally altered shall comply with the front and read' ,ar re hereafter Resident p y J guat ons of the "B" Resident
District.
J L
` Yl/1 5.2DE YARDS& -In tkie "E"•Commerci-al'-Distri:ct'there;shall ;be a side yard on each side of every
tiuilding•.occupied -by -a ;use permitted=innfhe '!C't,multiple Family Residence District of not
YPaa.than-five-(5}-feet.-In-•the event that Secti6n:16 of -this Ordinance recglires"a side
quired. See Seetion 10.
AREA REQUIREMENTS:
In the "E" Commercial District every building hereafter erected or structurally altered for
dwelling purposes shall provide a lot area of not less than seven thousand (7000) square feet per
building, and not less•than two thousand (2000) square feet per family unit; provided, however,
that where a lot has less area than herein required and the plat thereof has been duly recorded,
as provided by law, in the office of the Recorder of Deeds for Washington County, Arkansas, said lot
may be occupied by not more than one family.
SECTION 8. "F' BUSINESS DISTRICT REGULATIONS.
USE REGULATIONS:
In the "F" Business District, no building or premises shall be used and no building therein shall
be erected or structurally altered, except for one or more of the following uses:
1. Any use permitted in the "E" Commercial District.
2. Any business establishment selling merchandise at wholesale.
3. Storage warehouses and storage yards.
4. Any kind of light manufacturing, treatment, processing, packaging or repairing which is not
obnoxious or offensive by reason of the emission of odor, dust, smoke, gas or noise and which is not
expressly prohibited by any other regulation or ordinance of the City of Fayetteville.
5• Office buildings.
6. _Trade Schools
HEIGHT REGULATIONS:
In the "F" Business District no building hereafter erected or structurally altered shall exceed
a height of one hundred (100) feet at the street line, but above the height permitted at the street
line four (4) feet may be added to the height of the building for each one (1) foot that the building
or portion thereof is set back from the street line.
YARD REGULATIONS AND AREA REQUIREMENTS:
In the "F" Business District aroy building or portion thereof erected or structurally altered for
dwelling purposes shall comply with the rear yard regulations and area requirements of the "C" Mul-
tiple Fanily Residence District. No other yard need be provided, except in compliance with -the pro=
visions of Sections 10 and 16.
SECTION 9• "G" INDUSTRIAL DISTRICT REGULATIONS.
USE REGULATIONS:
In the "G" Industrial District, any building or premises may be used for any purpose whatever,
provided that the present or hereafter adopted Ordinances of the City of Fayetteville regulating the
location or maintenance of nuisances or the present or hereafter adopted Ordinances of the City of
Fayetteville creating and regulating Fire 'Zones are complied with.
HEIGHT REGULATIONS:
In the "G" Industrial District no building shall hereafter be erected or structurally altered
to exceed eight (8) sories, or one hundred (100) feet in height.
YARD REGULATIONS AID AREA
In the "G" Industrial District any building or portion thereof erected for dwelling purposes
shall comply with the yard and lot area requirements of the "C" Multiple Residence District.
FRONT YARD: In the "G" Industrial District, front yards shall be as follows:
1. In compliancejiith the provisions of Section 10.
2. In compliance with the provisions of the adjoining district where a part of the frontage is
in a district requiring front yards.
3. On corner lots, where a front yard is required on the adjoining property fronting an inter-
secting street, the front yard requirement for the intersecting street shall be complied with, pro-
vided this regulation shall not be so interpreted as to reduce the buildable r.idth of such corner lot
to less than thirty (30) feet if same was held under separate and distinct ownership from adjacent lots
and of record at the time of the passage of this Ordinance, or if such lot is an original corner in a.
duly approved and recorded subdivision.
REAR YARD: No rear yard shall be required except where the "G" Industrial District abuts on a
residence district, in strich case there shall be a.rear yard of not less than ten (10) feet.
SIDE YARD: No side yard shall be required except in compliance with the provisions of Sections
10 and 16 hereof.
SECTI,9N 10, HEIGHT. AND AREA E%CE?TIONS.
Sr
The following height and area requirements shall be subject to the following exceptions and regu-
lations.
DIGHT:
1. In districts where the height is limited to two and one-half (22) stories, public buildings,,
hospitals, sanitariums, shcools or institutions of an educational philanthropic or eleemosynary nature
may be erected to a height not exceeding sixty (60) feet when front and rear yards are increased in
depth and side yards are increased in width one_(1) additional foot for each foot of height that the
building exceeds the height regulations of the district in which such building is to be erected.
2. Chimneys,
cooling
towers, elevator
bulkheads, fire towers, gas
tanks,
grain elevators,
solar-
iums, penthouses,
stacks,
stage towers and
scenery lofts,'tm ks, water
towers,
ornamental towers
and
3 ()
spires, vn reless or radio towers or necessary mechanical appurtenances, also spires, wireless or
radio towers or necessary mechanical appurtenances, also stadia owned and operated by institutions
of higher learning, may be erected as to their height in accordance with existing or hereafter
adopted ordinances of the City of Fayetteville, provided no tower other than a church spire or
tower of a public building shall exceed the height limitations of the district in which it is
located by more than twenty-five (25) per cent. No tower shall be used as a place of habitation
or for tenant purposes. No illuminated sign, nameplate, display or advertising device of any kind
whatsoever shall be attached to or inscribed upon any chimney, tower, tank or other structure which
extends above the height limits of the district in which the same is located.
3. On through lots of one hundred -forty (140) feet or less indepth, the height of a building
may be measured from the curb level on either street. On through lots or more than one hundred
forty (140) feet in depth, the height regulations and basis of height measurement for the street
permitting the greater height shall apply to a depth of not more than one hundred -forty (140) feet
from that street. In districts where ninety (90) feet height limits are effective, hotels and apart-
ment hotels may include mezzanine floors of not more than fifty (50) per cent of the entire first
floor area and such first floor including such mezzanine floors shall be hold to one-story.
AREA:
4. For purposes of area regulations a two-family building or multiple family dwelling may be
considered as one building and occupying one (1) lot.
5. The side yard requirements for dwelling not more than two rooms in depth shall be waived
when such dwellings are erected above stores or shops.
6. Where the Commercial aid Industrial Districts adjoin a Residence District a side yard of
four (4) feet shall be required on that side of the lot adjoining the Residence District,
7. A building occupying a through lot may waive the requirements for a rear yard by furnish-
ing other open spaces equivalent to such required rear yard.
8. In computing the depth of a rear yard or the width of a sideyard for any building where
such yard opens onto an alley, one-half of such alley may be assumed to be a portion of the yard.
9. In the case of a court development, a side yard may be used as the rear yard provided
that one (1) additional foot shall Le added to the required side yard for each family unit opening
unto or served by such side yard.
10. Every part of a required yard or court shall be open from its lowest spot to the sky un-
obstructed, except for projections of sills, belt courses, cornices and ornamental features not to
exceed four (4) inches, provided, however, that open balconies and cornices may project into a front
yard not more than three and one-half (332) feet.
11. Open or lattice enclosed fire escapes may project into a yard not more than five (5)
feet or into a court not more than three and one-half (32) feet and the ordinary projections of
chimney and flues may be permitted by the City Engineer where same are so placed as not to obstruct
the light and ventilation.
12. A detached subordinate building may occupy not more than thirty (30) per cent of a re-
quired rear yard and shall be located at least ten feet from any dwelling.
SECTION 11 OFF STREET PARKING AND LOADING REGULATIONS.
PARKING FOR DWELLINGS: For all one and two-family dwellings hereafter erected, converted
or structurally altered, provision shall be made for the parking of motor vehicles for the use of
occupants, either on the premises, or in a community garage in the same block in those areas where
community garages are permitted. Such parking shall provide space for one vehicle for each family
unit.
PARKING FOR APARTMENTS, MULTIPLE DWELLINGS, FRATE3NITY AND SORORITY HOUSES AI4D DORMITORIES:
For all Apartments, Multiple Dwellings, Fraternity and Sorority Houses or Dormitories hereafter
erected, converted or structurally altered, provision shall be made for the storage or parking of
motor vehicles for the use of occupants, either on the premises or within one thousand (1000) feet.
In the case of Apartments or Multiple Dwellings, one parking space shall be provided for each family
unit. In the case of Fraternity and Sorority Houses, and Dormitories, one such parking space shall
be provided for each four residents of fraternity and sorority houses, or dormitories plus one addi-
tional space for the housemother, or manager, plus one additional space for each two employees thereof.
PARKING FOR PLACES OF ASSEMBLY:
For every structure or part thereof hereafter erected, converted or structurally altered, to
be used as a theatre, auditorium, stadium, or other place of public assembly, except in the "F" Busi-
iness District, there shall be provided and maintained accessible off-street parking space for the
storage of motor vehicles on the basis of one vehicle for each ten seats of the total audience seat-
ing capacity of the building, structure or part thereof. Such parking shall be located on the same
lot with such building, structure or part thereof, or within five hundred (500) feet thereof. Churches
shall be exempted from this provision.
PARKING FOR BUSINESS BUILDINGS:
Any business building hereafter erected, converted, or structurally altered in the "E" Comm-
ercial District or the "F" Business District, shall provide off-street parking at the rate of.one
parking.space for each five.hundred (500) square feet of ground floor area in the .¢uilding, not in-
cluding storage space.
LOADING SPACE FOR BUSINESS AND INDUSTRY:
Any business or industrial building hereafter erected, converted or structurally altered,?
in any district, shall provide adequate off-street facilities for the loading and unloading of mer;`
chandise and goods within or adjacent to the building, in such a manner as not to obstruct freedom
of traffic movement on the public streets or alleys.
The provisions for PARKING for PLACES of ASSEMBLY: PARKING FOR BUSINESS BUILDINGS and LOADING
SPACES for BUSINESS and INDUSTRY shall not apply to the area bounded on the north by the south side
of Meadow Street, on the west by the east side of Church Avenue, on the south by the no th side of
Rock Street and on the east by the crest side of College Avenue; nor to the area fronting on Dickson
Street between Block Avenue and University Avenue.
SECTION 12. BILL BOARDS AND SIGN BOARDS.
It shall be unlawful for any person, firm or corporation to erect or construct any bill board or
sign board in the "All Residence District or in the nBn Two-family Residence District as defined in this
Ordinance.
It shall be unlawful for any person, firm or corporation to erect or construct any bill board or
sign board in the "C° or 'D" Multiple Family Residence Districts as defined in this Ordinance, without
first obtaining the consent in writing of the owners or duly authorized agents of said owners, owning
at least seventy-five (75) per cent of the frontage of all property within three hundred (300) feet of
the premises on which said bill board or sign board is to be erected, constructed or located. Said
consents shall be filed with the City Engineer or other designated official before a permit shall be
issued for the erection, construction or location of such bill board or sign board.
SECTION 13, NON -CONFORMING USES.
1. The lawful use of land existing at the time of the adoption of this Ordinance may be con-
tinued, although such use does not conform to the provisions hereof, but if such use is discontinued,
any future use of said premises shall be in conformity with the provisions of this Ordinance.
2. The lawful use of a building existing at the time of the adoption of this Ordinance may be
continued subject o the other regulations hereof, even though such use does not conform to the pro-
visions hereof, provided no structural alterations are necessary, a non -conforming use of a building
may be changed to another-non-donforming use of the.:same:or a more restricted classification. A non-
conforming use of a building shall not be extended in any manner or form. The foregoing provisions
shall also apply to. -non -conforming uses in districts hereafter changed. Ythenever a non -conforming use
has.been changed to a more restricted use or to a conforming use, such use shall not thereafter be
changed to a less restricted use.
3. Whenever a non -conforming use of land or of a building is voluntarily discontinued for a
period of one year, any use thereafter shall conform to the use regulations of the district in which
the same is located.
4. No building whose use does not conform to the provisions of this Ordinance shall be enlarged,
extended, reconstructed or structurally altered (except when so required by law or ordinance), unless
such use is changed to a use permitted in the district in which the same is located.
5. No building which has been damaged by fire, explosion, Act of God or the public enemy to the
extent of more than sixty (60) per cent of its value, shall be restored except in conformity with the
provisions_ hereof.
6. The City Council of the City of Fayetteville, !by resolution , after public hearing by and
recommendation from the City Planning Commission, may authorize a special permit for the location of
any of the following buildings or uses in any 'Zoning District:
A. Any public building erected and used by any department of the City, County, State or
Federal Government.
B. Public assembly buildings -and institutions of an educational, philanthropic, eleemosynary or
religious character, including churches.
C. Community Building or Recreation Field.
D. Airport, landing field, depot, station or terminal of any type transportation system.
E. The extraction of raw materials and natural resources such as rock, gravel, sand,
water, minerals and the like.
F. Hospitals and clinics, other than veterinary.
All of the above uses shall provide adequate off-street parking space to accommodate their in-
dividual needs.
Before issuance of any special permit for any of the above buildings or uses, the application
therefor shall be filed with the Planning Commission, which Commission shall be given forty-five (45)
days in which to hold a public hearing and to make a report to the City Council regarding the effedt
of such proposed building or use upon the character of the neighborhood, traffic conditions, public
utility facilities and other matters pertaining to the general welfare. No action shall be taken
upon any application for a proposed building or use above referred to until and unless the report of
the Planning Commission has been filed; provided, however, that if no report is received from the
Planning Commission within forty-five (45) days, it shall be assumed that approval of the application
has been given by the Planning Commission.
All signs and bill boards not conforming with this Ordinance shall be removed within a period
of one (1) year from the effective date of this Ordinance, except that non -conforming signs speci-
fically describing the business or nature of a non -conforming building, structure or use on the same
premises may be maintained during the lawful lifetime of such building, structure or use.
SECTION 14. COMMUNITY UNIT PLAN.
The owner or owners of any tract of land conprising an area of not less than ten (10) acres may
submit to the City Council of Fayetteville, a plan for the use and development of all of the tract of
land for dwelling purposes. The development plan shall be referred to the City Planning Commission for
study and report and for public hearing. If the Commission approves the development plan, the plan,
together with the recommendations of the Commission shall then be submitted to the City Council for
consideration and approval. The recommendations of the Commission shall be accompanied by a report
stating the reasons for approval of the application and specific evidence and facts showing that the
proposed Community Unit Plan meets the following conditions:
1. That property adjacent to the area included in the plan will not be adversely affected.
2. That the plan is consistent with the intent and purposes of this Ordinance to promote public
health, safety, morals or general welfare.
3. That the buildings shall be used only for single family dwellings, two-family dwellings or
multiple dwellings aryl the usual accessory uses such as garages, storage space and community activities
including churches.
4. That the average lot area per family contained in the site, exclusive of the area occupied
by streets, will be not less than the area per family required in the district in which the develop-
ment is located.
If the City Council approves the plan, building permits and certificates of occupancy may be
issued even though the use of land and the location of buildings to be erected in the area and the
yards and open spaces contemplated by the plan do not conform in all respects to the district regula-
tions of the district in which it is located.
SECTION 15. BOARD OF ADJUSMENT,
A Board of Adjustment is hereby established to consist of five (5) members, to be appointed by
39
the Mayor and confirmed by the City Council. All members of said Board shall serve without pay. One
member of the first board shall be appointed for one (1) year; one (1) for two (2) years; -one (1) for
three (3) years; one (1) for four (4) years and one (1) for five (5) years each. vacancies shall be
filled for the unexpired term of any member, whose term becomes vacant, in the same manner as original
appointments. Upon appointment and annually thereafter, the Board shall meet and organize and shall
elect its own chairman and vice-chairman, each of whom shall serve for (1) year, or until his succ-
essor duly qualifies. The Mayor shall appoint a secretary, who shall hold office during the will
and pleasure of t're Mayor, and shall receive such compensation frau the City of Fayetteville as may
be fixed from time to time by the City Council of the City of Fayetteville.
MEETINGS: Meetings of the Board shall be held at such times and at such place or places within
the City of Fayetteville as the Board may designate, but said Board shall meet at least once a month
and may meet at any time on call of the chairman. The chairman of the Board, or in his absence,
the acting chairman, shall administer oath to all witnesses offering testimony. He may also compel
the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall
keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or
failing to vote indicating such fact, and shall le ep records of its examinations and other official
actions, all of which shall be immediately filed in the office of the Board and shall be a public
record.
The presence of four (4) members shall be necessary to constitute a -quorum and the concurring vote
of at least four-fifths (4/5) of the members of the Board shall be necessary to reverse any order,
requirement, decision or.deternrination of any administrative officer or to decide in favor of the
applicant on any matter upon which it is req -tired to pass under the 'Zoning Ordinance or to affect
any variation in such regulations.
The City Engineer or his representative shall attend each meeting of the Board and shall bring
with him all plans, specifications, plats and papers relating to any case before the Board for deter-
mination.
Whenever an appeal or application for variation is made to the Board, the Board shall publish a
notice of the time and place of a public hearing upon such appeal, which notice shall be published
at least once not less than ten (10) days preceding the date of such hearing, in an official paper of
a paper of general circulation in Fayetteville, said notice to contain the particular location forwhich
the variation is requested, as well as a brief statement of what the proposed variation consists. The
Board shall also give such additional notice of such hearing to interested persons and organizations
as it shall deem feasible and practicable. The appellant or applicant shall be required to pay a
filing fee of five (5) dollars to cover the cost of publishing notices and mailing notices of the
hearing and such other costs as may be incurred in connection ra th such appeal or application. The
secretary of the Board shall deposit with the City Business Office the first Monday of each month,
all fees collected from time to time, and, if the time and place of the adjourned meeting be publicly
announced when the adjournment is had, no further notice of such adjourned meeting need be published.
No order of the Board permitting the erection or alteration of a building shallbe valid for a
period longer than sixty (60) days unless a building permit for such erection or alteration is obtained
within such period and such erection or alteration is started and proceeds to completion in accord-
ance with the terms of such permit.
No order of the Board permitting a use of a building or premises shall be valid for a period longer
than sixty (60) days unless such use is established within such period, provided, however, that where
such use is.permitted is dependent upon the erection or alteration of a building, such order shall
continue in force and effect if a building permit for said erection or alteration is obtained within
such period and such erection or alteration is started and proceeds to completion in accordance with
the terms of such permit.
The Board shall annually, on or before the tenth of January, make a report for the fiscal
year preceding to the Mayor ad City Council, summarizing cases considered and actions taken.
The Board of Adjustment shall hear and decide appeals from and review any order, requirement,
decision or determination made by the City Engineer in the enforcement of the 'Zoning Regulations.
The Board shall have full power to adopt all rules for the transaction of its business, the regula-
tion of procedure before it, and carrying out of the pourers granted to it by the provisions herein
set forth and not inconsistent herewith.
When a property owner can show a strict application of the terms of this Ordinance relating to
the use, construction or alteration of buildings or structures or the use of land will impose upon
him practical difficulties or particular hardship, then the Board may consider and allow such varia-
tions to the strict application of the terms of this Ordinance as are in harmony with its general
purpose and intent when the Board is satisfied, upon the evidence heard before it, that a granting
of such variation will not merely serve as a convenience to the applicant, but is necessary to allev-
iate some demonstrable hardship or difficulty so great as to warrant a variation from the comprehen-
sive plan created and set forth by these regulations and in the following instances only:
1. To permit the extension of a district where the boundary line of a district divides a lot
in single ownership as shown on record on the date of the passage of this Ordinance.
2. To permit tie erection and use of a building or the use of premises in any location for a
public service corporation for public utility purposes which the Board determines reasonable necessary
for the public convenience or welfare.
3• To authorize a variance where, by reason of exceptional narrowness, shallowness or shape of
a specific piece of property of record on the date of the passage of this Ordinance, or by reason of
exceptional topographical conditions or other extraordinary or exceptional situation or condition
of a specific piece of property, the strict application of any provision of this ordinance would re-
sult in peculiar and exceptional practical difficulties and particular hardship upon the owner of such
property and amount to a practical confiscation of such property as distinguished from a mere in-
convenience to such owner, provided such relief can be granted without substantial detriment to the
public good and without substantially impairing the general purpose and intent of the comprehensive
plan as established by the regulations and provisions contained in this Ordinance.
4• To interpret the provisions of this Ordinance where the street layout actually on the ground
varies from the street layout as shown on the map fixing the several districts, which map is attached
to and made a part of the 'Zoning Ordinance''
5• To exercise all other powers delegated to it by the Statutes of the State of Arkansas.
a®
In considering all appeals and all proposed variations to these requirements, the Board shall, be-
fore making any finding in a specific case, first determine that the proposed variation will not im-
pair an adequate supply of light and air to adjacent property, or reasonably increase the congestion in
public streets, or increase the public danger of fire, or reasonably di:rinsh or impair established
property values within the surrounding area, or in any other respect impair the health, safety, comfort,
morals and welfare of tie inhabitants of the City of Fayetteville.
Every variation granted
or denied
shall
be accompanied by a
written finding of fact based on
sworn testimony and evidence,
specifying
the
reason for granting
or denying such variation.
SECTION 16. BUILDING LINES.
In order to lessen congestion on the public streets and to secure the greatest possible degree
of public safety, building lines for the control of erection of all structures. on property abutting
Major Streets are hereby established by the following provisions; except as hereinafter provided;
1. Every part of any building hereafter erected or structurally altered on property abutting
College Avenue from Spring Street to North Street shall be set back rot less than forty (40) feet from
the center line of College Avenue.
2. Every part of any building hereafter erected or structurally altered on property abutting the
north side of Dickson Street from College Avenue to West Avenue shall be set back rot less than six (6)
feet from the north line of Dickson Street as platted.
SECTION 17. CERTIFICATE OF OCCUPANCY,
No building hereafter erected or.structurally altered shall be occupied, used or changed in use
until a Certificate of Occupancy shall have been issued by the City Engineer or other designated offi-
cial, stating that the building or proposed use of the building or premises complies with all the
building and health laws and ordinances and with the provisions of these regulations.
Certificates of Occupancy shall be applied for coincident with the application for a building
permit and shall be issued within ten (10) days after the erection or structural alteration of such
building shall have been completed in conformity with the provisions of these regulations. A record
of all certificates shall be kept on file i;: the office of the City Engineer or other designated
official, and copies shall be furnished on request to any person having a proprietary or tenancy in-
terest in the building affected. A fee of One (1)•Dollar shall be charged for an original certificate,
but for copies of any original certificate, there.shall be a charge of fifty (50) cents each.
No permit for excavation for any building shall be issued before application has been made for
a certificate. -,of occupant'.
The use or occupancy of any building already erected at the time of the passage of these regu-
lations shall not be changed unless and until a certificate of occupancy shall have been obtained from
the City Engineer or other designated official.
SECTION 18, PLATS.
All applications for building permits shall be accompanied by a plat in duplicate drawn to scale,
showing the actual dimensions of the lot to be built upon; the size of the building to be erected;
provision for the parking of motor vehicles and such other information as may be necessary for the
enforcement of these regulations. A careful record of such applications and plats shall be kept in the
office of the City Engineer or other designated official. No yard, court, or other open space provided
about any building for the purpose of complying with the provisions.of these regulations shall again
be used as a yard, court, or other open space for another building.
SECTION 19. INTERPRETATION, PURPOSE AND CONFLICT.
In interpreting and applying the provisions of these regulations, they shall be held to the mini-
mum requirements for the promotion of the public safety health, convenience, comfort, prosperity and
general welfare. It is not intended by this Ordinance to interfere with or abrogate or annul any
easements, copvenants or other agreements between parties; provided, however, that there these regu-
lations impose a greater restription upon the use of.buildings or premises or upon height of buildings,
or require larger open spaces than are imposed or required by other miles, regulations, or permits,
or by easements, covenants or agreements, the provisions of this Ordinance shall control.
SECTION 20. BOUNDARIES OF DISTRICTS.
The boundaries of the various districts as shown on the map accompanying and made a part hereof
shall be determined by use of the scale contained on such map, except in the following cases;
1. 1,tere the designations on the map accompanying and made a part hereof are approximately bound-
ed by a street or alley line, said street or alley line shall be construed to be the boundary of such
district.
2. Wherever the designationson the map accompanying and made a part hereof are approximately
bounded by lot lines, said lot lines shall be construed to be the boundary of such district.
Provided, havever, that in all cases where the frontage on one side of the street is in a comm-
ercial, business or industrial district, and the frontage adjacent thereto' on the intersecting street
except the corner or corners is in a residential district, any commercial, business or industrial
use shall be limited to the frontage on the street zoned commercial, business or industrial through-
out the block, and any property in the rear thereof fronting or facing the intersecting street, even
though it appears £ran the use of the scale to be in the commercial, business or industrial district,
shall be governed b the use prevailing on that street in that block; it being the purpose of these
regulations to limit the commercial, business or industrial use to the property facing or fronting on
the street. zoned for commerical, business or industrial use and to forbid the commercial, business or
industrial use from facing or fronting the street zoned for residence use. In all cases of 8mbiguity
or uncertainty the Board of Adjustment shall have authority to determ:.ne on which street the commercial,
business or industrial use shall face of front so that the spirit of these regulations shall be observ-
ed, public safety and welfare secured and substantial justice done.
SECTION 21 ANNEXED AREA: I '"''•..
Territory annexed to the City of Fayetteville after adoption of this Ordinance shall be governed
4011
by the following temporary rules and regulations until permanent zoning can be promulgated vri th due
hearings afforded to property owners in the annexed territory in order'to protect and properly safe-
guard the various neighborhoods or localities with due respect to the public welfare.
1. That no permit be issued by the City Engineer for a use other than those permitted in the
°A° Residence.District. If an application is made to the City Engineer for any other use, he shall
accept the application and submit it to the City Planning Commission for consideration and recommenda-
tion to the City Council. The recommendation of the City Planning Commission is only advisory and the
City Council shall be at liberty to affirm it or allow such construction as the facts in the opinion
of the City Council may justify.
2. No existing building within any territory newly annexed to the City of Fayetteville not
now lawfully used for business purposes shall be altered, remodeled, or reconstructead for business
purposes without a'permit from the City Council of Fayetteville. The permit shall be obtained under
the same procedure set out in paragraph 1 of this section.
3. The construction of any building which is incomplete at the time that the land upon which
it is situated is annexed to the City of Fayetteville, before proceeding any -further vrith construction,
alteration or completion thereof, shall apply to the City Engineer of the City of Fayetteville for a
permit authorizing further work on said building. Said application for a building permit shall be
promptly referred to the City Planning Commission for consideration and said Commission shall promptly
thereafter file with the City Council its recommendation as to granting, modifying, or rejecting said
permit, the said recommendation to be advisory, as stated in paragraph 1 of this section. Said con-
struction work shall be suspended until the permit provided for herein has-been issued, or until final
zoning has been adopted for the annexed area, which permit the construction, use and occupan.cy of the
building. ,
SECTION 22, CHANGES AND AMENDI.T NTS.
The City Council may from time to time, amend, supplement or change by Ordinance the bound-
aries of the Districts or the Regulations herein established. Any proposed amendment, supplement or
change shall first be submitted to the City Planning Commission for its recommendation and report.
A proposed amendment, supplement or change may be initiated by the City Council which shall
refer such initiated proposals to the City Planning Commission for its recommendation and report.
A proposed amendment, supplement or change may be initiated by the City Planning Commission.
A proposed change in a 'Zoning District maybe initiated by one or more owners or lessees
within the area proposed to be chanced. Application shall be filed with the City Planning Commission
at least seven (7) days prior to the meeting at which the Commission will consider the change.
After submission of the recommendation and report of the City Planning Commission, a public
hearing shall be held by the City Council before adoption of any proposed amendment, supplement or
change, notice of such hearing shall be given by publication in some local newspaper of general cir-
culation, stating the time and place of hearing, not earlier than ten (10) days frau the date of
such publication.
The City Council shall only hold public hearings on proposed changes in Zoning Districts on
the first regular meeting of each calendar quarter (January, April, July, October).
No application for a change in zoning for a. given property may be resubmitted within twelve
(12) months from date of action by the City Council unless the City Planning Commission finds that a
substantial change in conditions has occurred.
Action by the Council shall be in conformity with the provisions of the Statutes of the State
of Arkansas.
SECTION 23. ENFORCEMENT. .
It shall be the duty of the City Engineer or other designated officer to see that this Ordin-
ance is enforced through the proper legal channels and to refuse to issue any permit for any building
or structure which would violate any of the provisions hereof. Appeal from the decision of the City
Engineer or other designated official may be made to the Board of Adjustment as previously provided
herein.
SECTION 24. VALIDITY.
Should any section, clause or provision of this Ordinance be declared by the courts to be in-
valid or unconstitutional, the same shall not affect the validity of the Ordinance as a whole, or any
part thereof, other than the part declared invalid or unconstitutional.
SECTION 25, VIOLATION PENALTY.
Any person, firm or corporation who shall violate any of the provisions of this Ordinance
or fail to comply therewith or who shall violate or fail to comply with any order or regulation made
thereunder, or who shall build in violation of any detailed statement of specifications of plans sub-
mitted and approved thereunder, or any certificate or permit issued thereunder, shall, for each and
every violation and non-compliance respectively be deemed guilty of a misdemeanor, and upon conviction
therefor shall be fined in any sure not less than twenty-five dollars (x725.00) nor more than one thou-
sand dollars (,x`71,000.00), and each and every day that such violation shall exist shall be deemed a
separate offense.
SECTION 26. CONFLICTING PROVISIONS REPEALED.
All ordinances and parts of ordinances in conflict herewith are hereby repealed.
SECTION 27. WHEN EFFECTIVE. This Ordinance being necessary for the preservation of the public peace,
health, comfort, convenience, morals, safety and welfare of the City of Fayetteville, an emergency is
declared to exist, and this Ordinance shall be in full force from the date of its approval.
ASSED and APPROVED -THIS 10th day of September,, 1951.
Approved
oz
tter of
precia-
on to
om.
lderman Pratt made a motion that the Mayor -be instructed to write ai;lettefl:ofrapprec,a
oT'each'memii8r:rof:.th8 planning Commission for their" -untiring effobts in preparing the
oning Ordinance and-tothe"Northwest Arkansas Times foir their help in publicizing the
rdinance through its various 'stages from the first -presentation till its final pas§age
his motion was peconded by Alderman Kent and was passed unanimously by the Council.
Alderman Pratt introduced GAN')ORDINANOE PRESCRIBING THE DUTIES OF THE MAYOR
F FAYETTEVILLE, ARKANSAS,ABOLISHING THE OFFICE OF PURCHASING AGENT,FIXING THE SALARY OF
HE MAYOR, AND FOR OTHER PURPOSES."
The Ordinance was read in its entirety -by Alderman Pratt, who made a motion
hat'the rules be smsperided and the Ordinance placed on its second reading, this motion
as seconded by Alderman McGoodwin and was passed unanimously by the Council.
Alderman Pratt then read the- Ordinance the second time, and after di"scussten,
lderman Pratt made a'motion'that the rules be 'further suspended and the Ordinance place
n its third and final reading, this motion was seconded by Alderman Burge and was passe
nanimously by the Council.
Alderman Pratt then read the Ordinance the third'and final time.
he Mayor then put the question"Shall the Ordinance pass"?, -and on roll call by the Cler
he following vote was recorded; Ayesc-Burge, McGoodwin,'Pratt, Williams, Kincaid, Hefli'.
nd Kent. Nays; None. Absent and not voting ; Ribh'ardson. And the Mayor declared the
rdinance passed, as there were 7 Ayes, and no Nays.
ORDINANCE N0. 1003.
AN
ORDINANCE PRESCRIBING THE
DUTIES
OF THE MAYOR OF FAYETTEVILLE,'ARKANSAS,
roof'_ for..reservoir'Noll
NG
THE OFFICE OD PURCHASING
AGENT,
FIXING THE SALARY OF THE MAYOR,
AND FOR OTHER
V111 VUL'JU.
WHEREAS. the'-terms.of-Mayors of Cities of the First Class expire on December 31st
n odd years, -and by statutes adopted, the emoluments of the office of theoMayor can be
.either increased or diminished for the term for which he was elected, and,
WHEREAS, it- i6'the desire of the -City Council of the City of Fayetteville.. Ark-
ansas -to provide compensation''to"the`Mayor-of the City of Fayetteville, Arkansas in an a
at least equal to the averagCsalaries of Mayors received in other Cities in the State of
comparable size;
NOW, THEREFORE, BE IT ORDAINED BY T.HE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
SECTION 1. The Mayor -of the City -of Fayetteville, Arkansas shall perform such
duties as are prescribed by 1'aw-for mayors of citibes of the first class having an alder -
manic form of government and such7duties as he' -is at present performing for the City of
Fayetteville. including-'thedihties'which he"has heretofore performed as Ex -Officio Purchasing
Agent for the City of Fayetteville, Arkansas.
SECTION 2. -the ex -officio office of purchasing agent of the City of Fayetteville
Arkansas is�y abolished an"d'the"Mayor of the City of Fayetteville shall perform the
duties of the,purchasibng agent as provided in Section 1 hereof.
SECTION 3. 'The -salary of the Mayor of the City of Fayetteville, Arkansas is
hereby fixe a .00 per month, -beginning on January"1, 1952 at the time a new term begins,
which salary shall -be full compensation for all services required to be performed by thel
Mayor of the City of Fayetteville.
SECTION 4. All ordinances or parts of ordinances in conflict herewith are hereby
repealed, and it appearing that the new term of the Mayor of the City of Fayettevklle
will begin on January 1, 1952 and it being the intention -that this ordinance shall take
effect at the same time that the tei�m begins; this ordinance shall be in full force and
effect on and after January 1, 1952.
PASSED and APPROVED this 10th day of September, 1951.
Approved
ATTEST: a Mayor Pro -tem
City Clerk*
Topay Alderman Kincaid made a motion that the City Pay Norman B.Harris the sum of
N Harris $250.00 for the right to construct a valve box and for operation and maintenace of the
$250.00 water and sewer lines wh1ch are presently located on Norman'B.Harris'•land just over the
line from land owned by the City of Fayetteville; this motion was seconded by Alderman
Pratt, and was passed unanimously by the Council.
Alderman Kincaid made a motion that STOP SIGNS be placed at the following places:
STOPSIGNS Trenton St. at Park Avenue
Prospect " "
York "
This motion was seconded by Alderman Kent and was passed unanimously by the Councilo
r1
u v i .U� W a
No 1.
The Engineerls certificate
on contract for concrete.
roof'_ for..reservoir'Noll
on
amounting to $11649.c32 for work done
by E.V;Bird Construction
Co, was presented, and
Reser-
Alderman McGoodwin made.a motion that
the sum of $1,649.3^2 be
paid to E.V.Bird Construe
voir
co. This motion was seconded by Alderman Pratt and was passed
unanimously by the Counci
Tustin
'A deed from'Austin Parish conveying
land to.the City for street purposes was
presented, Alderman McGoodwin made a
motion that the deed together with the plat be ref
Parihh
to the Planning Commission for study
and recommendation, This
motion was seconded by Al
deed
man Pratt and was passed unanimously
by the Council.
1
r1
40
�lderman McGoodwin made emotion that the Mayor be authorized to open South Gregg Avenue
from Prairie Avenue to Wall Street -(Just West of Cities Service Station on Wall Street)
'this motion was seconded by Alderman Pratt and was passed unanimously by the Council.
The -City Attorney introduced LInAN ORDINANCE TO AMEND ORDINANCE NO.760 PERMITTING
THE MANUFACTURE; SALE AND DISTRIBUTION WITHIN THE CORPORATE LIMITS OF THE CITY OF FAYETT]
MLLE, ARKANSAS,'OF LIGHT WINES AND BEER, AND TO PROVIDE FOR THE SALE AND DIST RIBUT ION
OF SUCH PRODUCTS, AND FOR -OTHER PURPOSES."
The Ordinance was read in its entirety by the City Attorney, Alderman McGoodwin
made a motion'that the rules be suspended and the Ordinance placed on its second reading,
this motion was seconded by Alderman Kent and was passed unanimously by the Council.
The City Attorney then read' -the Ordinance the second time, and after discussion,
Alderman McGoodwin made a motion that,the rules be further suspended and the Ordinance
laced on its third and final reading, this motion was seconded by Alderman Pratt, and was
passed unanimously by the Council.
The City Attorney then read the Ordinance .the third .and final time .
Tte Mayor then put the question It Shall _ -the Ordinance pass"?, and on roll call by the Clerk
e following'vote was recorded; Ayes: Burge, McGoodwin,'Pratt, Williams, Kincaid, Heflin
and Kent. Naysd None. Abseht and hot voting :-Richardson. And the Mayor declared the Ordi�3
lance passed, as 'there were 7 Ayes and no Nays.
ORDINANCE N0. 1004.
AN ORDINANCE TO AMEND ORDINANCE N0. 760 PERMITTING THE MANUFACTURE, SALE AND,
DISTRIBUTION WITHIN THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE; ARKANSAS,OF LIGHT
1VINES AND BEER, AND TO PROVIDE FOR THE SALE AND DISTRIBUTION OF SUCH PRODUCTS, AND FOR
OTHER PURPOSES,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That Section Two '(2) of Ordinance No.760, passed and approved August 24,
19331 be amended to read as follows:
"Section 2. The follwing words and phrases wherever they appear in this Ordinance
shall be construed to mean the things set out below respectively, to -wit:
The word "Person" means'one or more persons, a company, a corporation, a partnership
a syndicate, or an association.
The term "Beer" means ehy;fermented liquor made from malt or any substitute therefor
and having an alcoholic content of not in excess of five (5) percent by 'weight.
The term "Light Wines`ffieans the fermented juice of grapes or other small fruits
neluding berries and having an alcoholic content not in excess of five (5) percent by
weight.
The term "Whole'sale Dealer and Distributor" means any persoA who sells beer or lig t
I to retail dealers in quantities of three (3) gallons or more.
The"term "Retail Dealer" means any per,son'who sells to the consumer light wines or
peer in quantities of sixteen -(16) gallons or less.
l All other words and phrases not herein defined shall be defined and held,to mean
the same as defined by the Act of the Extra -Ordinary Session of the General Assembly of t i
State of'Arkansas of 1933 legalizing the sale of Light Wines and Beer in the State of
Arkansas.
Section 2. That Section three (3) of Ordinance No -760, be amended to read as follow:
"Section 3. For the privilege of.doing business within the corporate limits of the
City of Fayetteville, Arkansas, respectively as herein -below indicated there shall be asses
ed,•levied and collected an annual license tax : A11"of said License shall expire on the
30th day of June ,1952, and on the same date each year thereafter :
A. From each Wholesale Dealer or Broker; or Distributor in Light_ Wines and /or
beer a special tax of Fifty ($50.00) Dollars shall be levied and collected.
B. From each manufacturer of beer or light"wines located ii1thin the corporate limit
of the City of Fayetteville;'Arkansas, a special tax shall be levied and collected annually
of One Hundred Dollars ($100.00).
C. -Each Retail Dealer doing business within theccorporate limits of said City,
shall pay a special privilege tax-ofTen Dollars ($10.00) per annum for a beer business of
` loess than $$1;000.00, Fiftenn Dollars (,,15.00) per annum for a beer business between x$1,00 .
Joo and $2,000.00, over "9000.00 per annum Twenty Dollars (($20.00).
D. From each Ret ail"Dealer doing a curb service; serving beer or light wines out-
side the walls of their establishment shall pay an extra privilege tax of $15.00 per annum
for the privilege,of serving beer or light wines to customers on the Streets or outside
tlheir walls.
Section 3. That Section Four (4) of Ordinance No.760, be amended to read as follo
"Section 4. It shall be a violation of this Ordinance for any person to have
in his -possession any liquors, or in -his stock any Beer or Wine on which the tax has not
been paid, or which contains more than five (5) percent_by_weight of alcohol.
Section 4. All'ordinances or parts of ordinances in conflict herewith shall be an
tEhe same are hereby repealed, and this ordinance shall be in full force and effect from
d after its passage, approval and publication.
PASSED AND APPREVED this 10th day of September, 1951.
Approved
ATTEST
.941 mayor Fro -rem
m �t,c
GIW Clerk
04
A letter from the Fire Chief was presented by Alderman Burge listing a number of inspect
ire he had made which revealed that there were quitea number of FIRE HAZARDS and a number c
zarda
unsanitary places which he recommended that steps be taken to abolish or correct, aldern
sayita- Burge made a motion that the City Engineer and Fire -Chief proceed to ket correct legal
p aces descriptionssand names and addresses of -all the property owners liste , this motion was
seconded by Alderman McGoodwin and was passed unanimously by the Council.
There being no further business, Alderman Kentdmoeedutouadjourn, seconded by
Alderman Heflin, which was passed unanimously by the Councils and the Mayor declared the
Council adjourned.
Approved
Attest ; Mayo Fro -tem
y Clerw
lliams
Fayetteville City Councjtl-met in regular sessions Monday, -September 24ths 1951.
or Present; City Clerk J.W;McGehees City Attorney'A,D,MeAllister, Jr.'City Engineer John
o -tem Mahaffey;Aldermen,•"-Richardsons Burge, McGoodwin, Williams, Kincald, Heflin and Kent.
1pbsent Alderman Pratt and Mayor. Powell M.Rhea.
t
0
sign
ntract
r res-
voir
of.
Deed fro:
Austin
Paribh
for St
purposes
Aldepman Williams serving as •Mayor Pro -tem called the Council to order and the minutes
the regular meeting of September 10th were read and approved*
Dr H.G.Hotz was -present -and presented the Plat of HOTZ ADDITION, which Plat shows
the dedication of an additional Thirty (30) feet to West Dickson Street, making a Sixty
(60) foot Street from Razorback Road West -across the North side of Hotz Addition, Alder-
nan McGoodwin made a motion that the Plat and dedication of the Thirty (30) foot strip
Df land along the North side of Hotz Addition for Street purposes, be accepted, this mo-
tion was seconded by Alderman Richardson, and was passed unanimously by the Council.
Y
The City Engineer present the application of Emil Sonneman for a building permit
to erect a one story concrete block building ori North Greg Street, Alderman Kent made a
notion that the permit No, 567 be approved, this motion was seconded by Alderman McGoodw:
and was passed unanimously by the Council.
Alderman McGoodwin made a motion that the Mayor and City Clerk be authorized
a contract with E.V.Bird Construction Co, for the Construction of the second One -Half of
the reinfored coneretcroof for the reservoir on Mt.Sequoyah to be subject to the same pr
visions as are contained in the'cohtract forthe Eonstriictfon of the First -Half of retnfl
co rete roof for the re-servoir, dated June_ 7th; 19519 with the possible exception of a
incease in the price of steel since the first contract was signed,this motion was second
by Alderman Richardson and was passed unanimously by the Council.
(was presented) ' -
A deed from J.Austin..Par sh and Ethel"!?.Parish conveying undedicated streets to
the City of Fayetteville, Arkansas, -and are hereby granted for the use of the publics
lying between Leverett Avenue and Garland Avenue,with Plat attachdd,showing it to be a
part of the West Half of the Northwest quarter of Section Nine'(9),Town�siip Sixteen (16)
North$ Range Thirty (30) West of the 5th P.M. and being -tore particularly descrNibed as
follows, to -wit: Beginning at the Northwest corner'of said Northwest quarter of said Sec
Nine (9), and running thence East thirty (30) feet, thence South 1765 feet; thence East
590 feet; thence North 675 feet; themce West 200 feet;_thence North 40 feet; thence Bast
200 feet; thence Nor.th%6301feet; thence West 200,�feet; thence North 40 feet; thence Fast
200 feet; thence North 380 feet; thence East 40 feet; thence South 1100 feet; thence Eas
240 feet; thence South 40 feet; thence West 240 fedt; thence South 800 feet, thence East
640 feet;thence South 20 feet; thence West 680 feet, thence North 155 feet; thence West
590 feet; thence South to the North line of the Mt.Comfort-Roads thence Westerly with th
North line of said Mt.Comfort Road to the center line of Garland Avenue being the West
line of the Northwest quarter of Section Nine (9); thence North with the West line of sa
quarter section to the plave of beginning. Alderman McGoodwin made a motion that the
deed and Plat be approved;'this motion was seconded by Alderman Richardson and was passe
unanimously by the Council.
Alderman Kent -reported that the bills had been signed and made a motion that
be allowed as approved; this motion was seconded by Alderman McGoodwin-and was passed
imously by the Council.
sign
1
ion
To construct Alderman McGoodwin made a motion that the City Engineer be authorized to congtriict
2 pedes- a pedestrian bridge 'on South'School Street and one on -Garland Avenue at Hughes Street
trian Iin the most economical way that they can be built, this motion was seconded by Aldepman
bridges Heflin and was passed unanimously by the Council.
Petition Aldepman Burge presented the petition of Carl Tune. to close a 20 'foot alley
of --Carl between Hazel and Holley -streets, Alderman McGoodwin made a motion to refertthe petition
Tune to to the Planning Commissiin for recommendation, this motion was seconded by Alderman
close Richardson and was passed unanimously by the Council.
"alley
,Mayor Proct�m Wi1lYams pre"$anted• a letter",from;.-Hei:Younkiri,'`President cof.she-�UDFIVFsRST
CITY TRANS -1T,, CO.,- in response to.a petition that had'been .presented•to- the Coiiiieil;-sand' ref e'er
to him,. asking that Bus•.sergice be restored on Mt,Sequoyah, in'which letter, Mr. Younkin states
that the Company will be unable to resume service on Mt.Sequoyah because it would result in a
financial loss to the Company
i.
There being.rio�further business, Alderman McGoodwin made a mot -i onto -ad-journ, second
by Alde'eman Richardson, which was passed unanimously by the Council, and the Mayor decla
the•Council adjourned. /
ATTEST : 1%4VAM
_ APPROVED
d j v r K-'firmayor Pro -sem
ki