HomeMy WebLinkAbout1960-06-13 Minutes485
Regular The City Council of Fayetteville, Arkansas, met in regular session on Monday, June 13,19
•
Meeting. at 7:30 P. M.
Present: Mayor Guy E. Brown, City Clerk George J. Davis, City Controller Albert J. Jones
City Attorney A. D. McAllister Jr., City Engineer W. C. Smith, Chief of Police Pearl
Watts, Fire Chief Burl Skelton, and Aldermen: Barnhart, Smith, Burgin, Lunsford, Kent,
and Walker.
Absent at roll call but later entering: Eldermen: Hatfield and McClelland.
he minutes of the regular meeting on Monday May 23, 1960, and of the special session on
Monday, June 6, 1960, were read and approved.
Consulting Engineer W. N. Holway appeared before the Council and presented Change Order
Change Order No. 3 entitled,"Extra Work" and the final estimate on Contract 5 for the Mt. Sequoyah
and Final Chemical. Building on which W. H. Patterson is the contractor.
Estimate This change order modifies the contract price by the addition of $788.73, making a final
Chemical contract price of $81,357,73.
Blgg. Total payment to date to the contractor is $69,192.00, leaving a final amount due of
by 12,165.73, however Engineer Holway recommended that the sum of $200.00 be.withheld from
Holway. final payment until the work is completed.
ngineer Holway further reported that this contract had been completed in accordance wit
the plans and specifications and recommended that the Council approve the final change
order, and authorize its execution by the Mayor, accept the work, and approve the final
estimate. •
Alderman Walker moved to approve Change Order No. 3 entitled "Extra Work" and authorize
its execution by the Mayor, accept the work, and approve the final estimate as recommend
y Engineer W. N. Holway.
The motion was seconded by Alderman Kent and passed unanimously..
Alderman Hatfield entered at this time and was noted by.the Clerk.
Sign at Mr. Fred Shaffer appeared before the Council in regard to the erection of a sign at his
Fred Shaffer. garage located at College Avenue and Cleburne Street which would be too close to the
garA•ge. street right of way under the Master Street Plan and required Council action.
After a long discussion, Alderman Burgin moved that the City Building Inspector be
authorized to issue a Temporary Building Permit for a period of 30 days to Fred Shaffer
to erect a sign on the existing sign pole at his garage located at the Northwest corner
of the intersection of College Avenue and Cleburne Street under conditionrthat Mr. Shaff
ake application to the Board of Adjustment,as set out in the Zoning Ordinance,for
permission to erect the sign permanently.
The motion was seconded by Alderman Walker_and upon roll call the following vote was
recorded: "Aye" Barnhart, Smith, Burgin, Hatfield, Kent, and Walker. "Nay" Lunsford.
There being six "Ayes" and only one"Nay",-the Mayor declared the motion passed.
Alderman McClelland entered at this time and.was noted by the Clerk.
Alderman Burgin read a letter from the Fire Chief in which he recommended the purchase
To advertise of a 750 gallons per minute fire pumper apparatus as a.replacement of the 1939 E4odel
for bids for 500 gallon per minute one and one-half ton Ford Panel Pumper.
fire pumping Alderman Burgin moved that the Mayor be authorized to advertise for bids for a new
apparatus. 750 gallons per minute fire pumper apparatus according to plans and specifications
to be prepared by the City Engineer and Fire Chief.
The motion was seconded by Alderman Kent and passed unanimously.
Members of the City Planning Commission read and explained changes suggested in the
New proposed zoning ordinance entitled, "AN ORDINANCE RELATING TO THE ZONING LAWS OF THE
Zoning CITY OF FAYETTEVILLE, ARKANSAS; REPEALING ZONING ORDINANCE 1002, ADBPTED SEPTEMBER 10,
Ordinance. 1951, AND ALL OTHER ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH TO THE EXTENT
OF SUCH CONFLICT; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS HEREOF" which had
been read in_its_eritirety and discussed at the last two special meetings of the Council.
After a lengthy discussion, Alderman Barnhart moved that the Ordinance pass.
The motion was seconded by Alderman Smith and passed unanimously whereupon the Mayor
declared the Ordinance passed.
Alderman Kent then moved that the emergency clause be adopted. The motion was seconded
by Alderman Barnhart and passed unanimously, whereupon the Mayor declared the emergency
clause adopted.
ORDINANCE NO, 1239
AN ORDINANCE RELATING TO THE ZONING LAWS OF THE CITY OF FAYETTEVILLE, ARKANSAS; REPEALIN
ZONING ORDINANCE 1002, ADOPTED SEPTEMBER 10, 1951, AND ALL OTHER ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH TO THE EXTENT OF SUCH CONFLICT, PROVIDING FOR THE'
SEVERABILITY OF THE PROVISIONS HEREOF,
ARTICLE 1 PURPOSE
The zoning regulations and districts as herein set forth are enacted to impllement in par
the land use plan of the City of Fayetteville and to promote the health, safety, morals,
convenience, order, prosperity, and general welfare of the community, to provide for the
establishment of districts within the corporate limits; to regulate within such district
the location, height, bulk, number of stories, and size of buildings and structures, the
percentage of lot occupancy, the required open spaces, the density of population and the
uses of land and buildings. These regulations have been made with reasonable considerati
among other things, as to the character of each district and its peculiar suitability fo
particular uses, and with a view of conserving the value of buildings and encouraging th
most appropriate use of land throughout the City.
ARTICLE II DEFINITIONS
Unless otherwise stated, the following words shall, for the purpose of this ordinance,
have the meaning herein indicated. Words used in the present tense include the future.
• The singular number includes the plural and the plural the singular. The word "shall" is
mandatory, not directive. The word "iriay"is permissive. The word "person" includes"a firm.
association, organization, partnership, trust, company or corporation, as well as an
individual.
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1. Accesory use or building -- A use or building customarily incident and subordinate
to the actual principal use or building and located on the same lot with such actual •
rincipal use or building.
2. Alllle�_-- A minor public way used for utility easements and vehicular service aces
backor suede of property facing a street.
3. Building or structure -- Any structure constructed or used for residence, business,
r industry, or other public or private purposes, or accessory thereto, and including to s,
unch wagons, dining cars, mobile or trailer homes, billboards, signs, swimming pools_,
elephone booths, ice makers, vending machines, incinerators, and similar structures whet
er stationary or movable.
a. Principal building--- a building in which is conducted the principal use of the lot
which it is located. In any residence district any dwelling shall be deemed to be the
incipal building on the lot on which same is located.
b
. Accessory building ---.a
overnin�e use
subordinate
building, the use of which is incidental to
t
of a principal building
on
the same lot.
ccotmnodating students or members of religious orders
c. Building Line, front --- a line established in general, parallel to the front stre
Ines between which and the street no building shall project. This includes covered pore
hether enclosed or unenclosed, eaves and overhangs, attached car ports.and garages, and
tops where the steps project more than five (5) feet from the front building line.
d. Building height --- the vertical distance from the established average sidewalk gr'e
r street grade, or finished grade at the building line, whichever is highest, to the hi est
oint of the building, excluding spires, towers and domes not for human occupancy, flag
oles, masts, or aerials.
4. Club or lodge -- A building or portion of a building used by an:_association for t
romot on of some common objective, excepting clubs the chief activity of which is a
ervice customarily carried on as a business.
5. Court--- An unoccupied space, open at the top, wholly or partially enclosed by the
alls of a building or group of buildings. It may serve at the grade level or at the lav
f any floor of an adjacent building which it serves.
6. District --- A section or sections of the City
of Fayetteville for which regulatio
overnin�e use
of buildings and premises, and building
height and area, are prescribe
7. Dormitory ---
A building or group of buildings
designed or altered for
the purpose
ccotmnodating students or members of religious orders
with sleeping quarters,
with or
ithout communal
kitchen facilities, and administered
by bona fide education
or religiou
nstitutions.
8. Dwelling -- A house, apartment building, or other building designed or used primariRy
or human habitation. The word "dwelling" shall not include hotels, motels, motorist hotels
r other structures designed for transient residence.
a. Single-family dwelling -- a detached residence designed for or occupied by one
family only.
b. Two-family dwelling -- a residence designed for or occupied by two families only,
with separate housekeeping and cooking facilities for each.
c. Multi -family dwelling -- a residence designed for or occupied by three or more
families with separate housekeeping and cooking facilities for each.
9. Family -- One or more persons related by blood or marriage, or a group of not more
han four persons who need not be related by blood or marriage, living together and sub-
isting in common in a dwelling unit as a separate non-profit housekeeping unit which pro ides
my one kitchen as distinguished from -a group occupying a boarding house, lodging house,)
ormitory, sorority or fraternity houte. _
10. Fraternity or sorority house --- A building owned or leased by a general or local
apter or some regularly organized college fraternity or sorority, or by or on its beh
a building corporation or association composed of members or'alumni thereof, and
cupied by the local chapter of such fraternity or sorority as a place of residence.
11. Garage apartment -- A family unit located over, or attached to a private garage
d located on the same lot with the principal building.
12. Gasoline service station -- An establishment the business of which is the operat
of a motor fuel filling station, where repair work is limited to lubricating and washing
I
f motor vehicles, changing and minor repair of tires, and where no body work or major
chassis or motor repairs are made.
13. Home occupation -- Any occupation of a service character which is clearly secondaz
o the main use of the premises as a dwelling place and does not change the character
hereof or have any exterior evidence of such secondary use. This occupation shall be
arried on or conducted only by members of the family residing in the dwelling and in
onnection with which there shall be no stock in trade or commodity for sake upon the
remises. The giving of voice or musical instrument lessons shall be limited to a single
upil at a time. Power shall be limited to one-quarter ('') H.P. per machine, or a total c
ne'(1) H.P. for machines other than those used for domestic purposes.
14. House boarding-- A dwelling where meals, or lodging and meals, are provided for .
ompensa on, or where meals may be available on a commercial basis, for two(2) or more.
ersons pursuant to previous arrangements, but where meals and lodging are not available
o the transient public. Ah
15. House, lodging or rooming -- A dwelling or building where lodging is provided for
wo (2) or more per sons or compensation, pursuant to previous arrangements, but which
s not available to transients and with which no table board is furnished.
487-
16. Lot -- A piece, parcel or plot of land in one ownership which may include one or
• ore lots of record, occupied or to be occupied by one principal building and its accessory
uildings and including the open spaces required under this ordinance. All lots shall
front on and have access to a public street.
a. Lot line --'the boundary dividing a given lot from a street, an alley, or
adjacent lots.
b. Lot of record -- a lot the boundaries of which are filed as legal record.
c. Double frontage lot -- an interior lot having frontages on two streets, as
distinguished from a corner lot.
17. Motel -- A building or overnight cabins for motorists which are not over two stories
height and vh ere at least fifty percent of the guest rooms are on the ground floor level
open directly on a private roadway or court, and.where at least one parking space is
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vided for each guest room.
a. Motorist hotel -- a hotel for motorists which is more than two stories
in height.
18. Nonconforming use -- A use of a building or of land which does not conform with
provisions of this ordinance for the district in which it is located.
19. Parking space -- The area required for one automobile, which in this ordinance is
d to be an area ten feet wide and 'twenty feet long, not including passage ways.
20. Place of public assembly -- A meeting place for more than fifty.(50) persons to
hick the public or membership groups are assembled regularly or occasionally, including
ut not limited to schools, churches, theatres, auditoriums, funeral homes, stadiums, an
imilar places of assembly. Classroomswithin a school, or schools without auditoriums
r gymnasiums, nurseries, and a public or private building or institution without
uditorium space are not, according to.this definition, places of public assembly.
21. Professional office -- An office of persons of recsized professions, such as
doctors, lawyers, architects, engineers, realtors, artists,,'brokers, teachers, and others
through training are qualified to perform services of a professional nature.
22. Story -- That portion of a building, other than a basement, included between the
surface of any floor and the surface of the next floor above; or any portion of a buildi g
used for human occupancy between the topmost floor and the roof. A half story refers to
the space between the top floor and a $loping roof.
23. Street -- A dedicated public right-of-way which affords principal means of access
to abutting property. The word "street" shall include the words "road', "highway", and
'thoroughfare".
24. Total floor area -- The area of all floors of a building, including finished attic,
finished basements, attached car ports, attached garages, and covered porches.
25. Mobile or Trailer court -- Any plot of ground on which there are located or
intended to be located two or more mobile or trailer homes to be occupied for dwelling or
sleeping purposes.
26. Mobile or Trailer home -- Any vehicle used or so constructed as to permit its
being used as a conveyance upon the public streets or highways and duly licensable as
such, and constructed in such a manner as will permit occupancy thereof as a dwelling
or sleeping place for one or more persons.
27. Variance -- A modification or variation of the provisions of this ordinance as
applied to a specific place of property.
28. Yard -- An open space on the same"lot with a principal building, open and un-
occupied and.unobstructed by buildings from the ground to the sky except for the ordinary
projection of window sills, cornices, chimneys or chimney foundation buttresses, and
other ornamental features, and as further refined below.
a. Front yard -- the yard extending across the entire width of the lot
between the street right-of-way line and the nearest part of the
principal building, including covered porches, attached garages,car
ports, eaves and roof overhangs. If the principal building is
located on a lot at the corner of intersecting streets, the front
yard extends from the side of the structure with the main entrance
to the street line.
b. Rear yard -- the yard extending across the entire width of the lot
between the rear lot line and the nearest part of the principal build-
ing, including covered porches, attached garages,,attached car ports,
eaves and overhangs. The rear of the principal building shall be
interpreted to he that part of the building which is opposite to the
side on which the front entrance is located.
c. Side yard -- a yard extending along the side lot line from the front
yard to the rear yard and 'lying between the side lot line and the
nearest part of the principal building, including porches, attached
garages, attached car ports, eaves and overhangs.
d. Official set -back line -- where an official set-back.line has been established
for future widening or opening of a street upon which a lot abuts,
then the width or depth of a yard shall be measured from such official
• set -back line to the nearest line of the principal building, includ-
ing porches, attached garages, attached car ports, eaves and overhangs.
RTICLE 111 ESTABLISHMENT OF DISTRICTS
ection 1. Classification of Districts
For the purpose of this ordinance, Fayetteville, Arkansas has eleven zoning districts
designated as follows:
R- lA Single Family Residential District
R- 1B Single Family Residential District
R- 2 Two -Family Residential District
R-3 Multi -Family Residential District
R- 4 Multi -Family Residential and Dormitory District
C-1
Neighborhood Commercial District
C-2
Thoroughfare Commercial District
C-3
Central Commercial District
1-1A
Light Industrial District
1-1B
Light Industrial District
1-2
Heavy Industrial District
P-1
Institutional District
P-1 A
Special Church District
tion 2. Boundaries of Districts
1. The boundaries of the zoning districts are herebiy established as shown on the map
ntitled "Zoning District Map of Fayetteville, Arkansas, dated TUune?1.3.1960, which is ay
art of this ordinance and which is on file in the office of the City Cleiir.
2. Unless otherwise indicatgd on the zoning map, the district boundaries are lot 1
e center lines of streets or alleys or a specified distance therefrom, railroad righ
-way, or the city limit lines as they existed at the time of the enactment of this
dinance. Questions concerning the exact locations of district boundaries shall be
termined by the Board of.Adjustment.
3. When the street or property layout existing on the ground is at variance with tha
wn on the Zoning District Map or with other requirements of this article, the Board
Adjustment shall interpret the boundaries.
4. Where a district boundary line divides a lot in single ownership at the time of
assage of this ordinance, the use, height, and area authorized in the least restricted
istrict shall apply to the entire lot, but shall not extend beyond a platted lot line;
rovided that this line does not extend more than twenty-five (25) feet beyond the more
estricted district boundary line. The use so extended shall be deemed to be conforming
here the district boundary is on a platted lot line, this extension is not permitted.
5. Where a lot under single ownership at the time of passage of this ordinance is a
ouble frontage lot and where the frontage on one street is in a commercial or industria
oned district (except corner lots) and the frontage on the other street is in a residen
al district or faces a residential district,"any. commercial or industrial uses placed
non this lot shall be fronted onto the street in the commercial or industrial district.
n all cases of ambiguity or uncertainty,the Board of Adjustment shall have the authori
o determine on which street the commercial or industrial use shall face or front so
hat the spirit of these regulations shall be observed.
6. Where a
corner lot with commercial zoning is located on a predominantly commercia
treet, i.e.,
located in a block in which the frontage
is 51% or more commercial,
and th
ntersecting street
is predominatly residential, i. e.,
51% or more residential
frontage
ny commercial
use placed on the corner lot must have
its principal frontage on
the
redominantly
(51%.or more) commercial street.
RTICLE 1V
GENERAL PROVISIONS
r the
purpose of
this
ordinance there shall be
certain general
provisions which shall
ply to
the city
as a
whole as follows:
ction 1. Use of Building and Land
building or land shall hereafter be used and no building or part thereof shall be e
ved, or altered unless for a use expressly permitted by and in conformity with the
gulations herein specified for the district in which itis located.
2. Nonconforming Uses
1. Any lawful
use of buildings or
land existing at -the
time of the enactment of this
rdinance but not
in conformity with
its provisions may be
continued with the following
imitations:
a. A lawful nonconforming use of a building may not be changed unless changed to
an equal or a higher (more restricted) use.
b. Any building that constitutes a nonconforming use which has been damaged by fii
explosion, act of God,. or by the public enemy to the extent of more than 75 pel
cent of its value shall not be restored except in conformance with the
district in which it is located. The determination of whether a building is
75 percent destroyed shall rest with the city building inspector.
c. A lawful nonconforming use that has been voluntarily discontinued for a period
of six calendar months shall not be continued at a later date.
d. A lawful nonconforming use, if changed to a conforming use, may not there-
after be changed to a nonconforming use.
g7
;ted,
d
c
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489
Ordinance No. 1239 (Continued)
e. No building whose use does not conform with the provisions of the district
• within which it is located shall be enlarged, extended, reconstructed, or struct-
urally altered (except for normal maintenance or when so reouired by law or
ordinance) unless such use is changed to a use that is in conformance with
the provisions of the district within which it is located.
f. If ownership of a nonconforming building or place of business ch m ges or if a
nonconforming building or place of business is leased after the passage of
this Ordinance, only an equal use or a use conforming to the requirements of
the zoning district involved will be permitted.
2. All signs and billboards not conforming with the provisions of this Ordinance
be removed within a period of one (1) ,year from the effective date of this Ordinance;
except that:
a. All nonconforming signs and billboards relating to a building or place of
business and located on the same premises as such building or place of
business, may be continued during the lawful lifetime of such building
or place of business.
b. If a nonconforming sign or billboard is located off the premises of the"
building or place of business to which the sign or billboard pertains, the own
of the sign or billboard shall place on record in the office of the Building
Inspector, within one (1) year following the adoption of this Ordinance,
information regarding any lease agreement that is in effect and other in-
forma!ion describing the existing sign or billboard. If a lease is in effect,
owner of the sign or billboard shall remove it at the end of the lease period.
However, if a lease is not in effect the owner sahll remove the nonconforming
sign or billboard within one (1) year from the effective date of this
Ordinance.
No owner of a lawful nonconforming building or place of buisness may erect or locate any
sign or billboard on the premised without first obtaining the consent in writing of the
owners or the duly authorized agents of said owners, owning at least seventy five (75)
percent of the frontage of all property within three hundred (300) feet of the premises
on which said sign or billboard is proposed to be erected or located. Said consents
shall be filed with the Building Inspector before a permit shall be issued for the
erection or location of such sign or billboard.
3. After the effective date of this ordinance, any nonconforming use existing or
der construction in an area annexed by the City shall be regarded as a lawful
nconforming use as provided in this ordinance, provided that construction is compl
thin one year after date of annexation.
Section 3. Principal Building on Lot
1
1. In residential districts only one principal building and its customary accessory
buildings may hereafter be erected on any lot unless otherwise provided in this ordinance.
2. The equipment of an accessory building with sink, cook stove, or other kitchen
facilities for the independent occupancy thereof other than by servants or guests shall
be considered evidence that such building is not an accessory building but a separate
dwelling and must meet all minimum lot area and yard requirements of the district in
which it is located.
Section 4. Reduction in Lot Area or Yard Requirements
1. No lot shall be reduced in area so that yards, lot area per family, lot width,
building area, or other requirements of this ordinance are not maintained. This section
shall not apply when a portion of a lot is acquired for a public purpose.
2.No yard or lot requirements for buildings existing at the time of the passage of
this ordinance shall be considered as yard or lot area requirements for any other build
Section 5. Zoning of Annexed Territory
All territory which may, hereafter be annexed to the City shall be governed by and
subject to the requirement's of R-lA Sin leFamil Residential District until such time
as the Zoning District Map shall bave been amended to authorize o er use or uses for
the newly annexed territory.
Section 6. Off-street Loading and Unloading Space
Every building.or structure hereafter constructed for commercial or industrial uses sha
provide adequate space for the loading and unloading of vehicles off the street or publ
alley. The adequacy.of such space shall be determined by the City Building Inspector.
Section 7. Off-street Parking Requirements
1. There shall be provided permanent off-street parking space as required in this
ordinance at the time of erection of any building or structure or at the time any prin
cipal building or structure is enlarged or increased in capacity by adding dwelling units,
guest rooms, seats or floor area, or before conversion from one zoning use or occupancy
to another. Vehicular access shall be provided to a public street or alley.
Any off-street parking area already in use or established hereafter shall not be
reduced below the limits required by this section by the construction of any addition t
a building or structure nor by the erection of an additional building or structure on
the property. '
• a. Residential off-street parking requirements --
(1) Dwellings-- single, two-family, and multi -family.
One (1) parking space shall be provided on the premises for each dwelling or
family unit. The parking space shall be provided in the side or rear yards only
but no parking shall be permitted on a side yard of an intersecting street.
4.90
2
(2) Lodging and/or boarding houses. One (1) parking space shall be provided for eac)
two (2) lodgers or boarders in addition to the dwelling or family unit require- •
ments. The parking spaces shall be provided in the side or rear yards only.
(3) Dormitories, sorority, fraternity houses. One (1) parking space shall be provided
on the premises for each two (2) residents, plus one (1) additional space for the
house mother or manager, plus one (1) additional space for each housecemployee.1 .
b. Places of public assembly --
(1) Churches, schools, theaters, auditoriums. One (1) parking space shall be provid
on the premises for each five (5) seats in the main auditorium, based upon maximum
.seating capacity.
(2) Funeral Homes and mortuaries
-- one (1) parking space shall be
provided
on the
premises for each five (5) seats
in the chapel, based upon maximum
se%ting
capacity
(3) Stadiums and similar places of
assembly. One (1) parking space
shall be
provide
on the premises for each five (5)
seats in the building or structure, based
upon ma.
seating capacity.
c. Commercial recreation and amusement places --
Bowling alleys, swimming pools, skating rinks, night clubs, and other recreation and
amusement places. One (1) parking space shall be provided on the premises for each
five (5) customers, computed on the basis of maximum serving capacity.,
d. Hospitals, institutions, convalescent homes --
(1) Hospitals, philanthropic or eleemosynary institutions shall provide one (1)
parking space on the premises for each three (3) hospital beds (excluding bassinets).
(2) Convalescent homes shall provide one (1) parking space on the premises for each
four patients.
e. Offices and professional buildings
One parking space shall be provided on the premises for each two -hundred (200) square
feet of total floor area in the building, exclusive of the basement.
f. Motels and tourist homes---
One parking space on the premises shall be provided for each guest room.
g. C-1 Neighborhood Commercial District and C-2 Thoroughfare Commercial District
One (1) Parking space shall be provided for each two hundred (200) square feet of
total floor area exclusive of basement or storage space.
C-3 Central Commercial District -- One (1) parking space shall be provided for each
three hundrdd(300) square feet of total floor area exclusive of basement or storage
space.
h. Wholesale houses and warehouses -- One (1) parking space for each three employees
shall be provided, based on maximum seasonal employment.
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i. Servide stations -- A minimum of five (5) feet for a safety zone and ten (10) feet
for a service driveway shall be provided between the street right-of-way line and
the nearest part of the service station pump island or building.
j. Industrial and manufacturing establishments -- one (1) parking space on the premises
shall be provided for each three (3) employees, computed on the bases of the great st
number of employees on duty at any time. In addition, there shall be provided
vehicle storage or standing space for all vehicles used directly in the conduct of
such industrial use:
2. Parking space maintained in connection with an existing and continuing main building
or structure on the effective date of this ordinance up to the number required by this
ordinance shall be continued and may not be counted as serving a new structure or addition;
nor may any parking space be substituted for a loading space, nor any loading space
substituted for a parking space.
3. If the required off-street parking space cannot be reasonably provided on the same
lot on which the principal use is conducted, the Board of Adjustment may permit such
space to be provided on other off-street property provided such space lies within four
hundred (4001 feet of the main entrance to such principal use. Such vehicle parking space
shall be deemed to be required open space associated with the permitted use and shall no,
thereafter be reduced or encroached upon in any manner.
Section 8. Vision Clearance Requirement
No lot facing an intersecting street shall be occupied by hedges, tall plantings, fences
or structures which will obstruct vision for drivers of automobiles and similar modes of
transportation. Such plantings or structures shall not be permitted within fifteen (15)
feet of any intersecting street corner.
• ARTICLE V PROVISIONS GOVERNING ZONING DISTRICTS
Section 1. R-lA Single Family Residential District
This district is intended to include those quiet residential areas for single family
homes on spacious lots.
1. Uses permitted •
a. Residential uses -- only one single family residence shall be permitted on each
lot.
b. Accessory building uses -- accessory buildings, such as a garage, servants ,
h
•
491
Ordinance No..1239 ( Continued
quarters, or guest house, provided the building is occupied by servants employed
on the premises or by guests, and are not occupied otherwise as rental units by
non -servant or non- guest occupants.
c. Advertising signs --
(1) Real estate
-- temporary sale,
rental
or
lease
signs,
not more
than
eight
square feet in
area and located at
least
ten
feet
from a
street or
lot
line.
(2) Subdivision development -- temporary, unilluminated signs advertising sub-
divisions, not exceeding forty (40) square feet in area nor more than ten (10) f
in height, such sign shall be set back in conformance with the front yard set -ba
of the district in which it is located, and shall be removed within a period of
three (3) years.
(3) Building construction -- only one temporary and unilluminated sign of contra
or, architect, or owner, not more than sixteen (16) square feet in area, for the
period of construction only. 4
2. Uses permissible on Appeal to Board of Adjustment
a. Public and private uses -- public and parochial schools, fire stations communi
buildings, water supply reservoirs, wells and filter beds, public parks and publi
owned recreation facilities, other municipal, county, state, or federal uses,
public utilities, and home occupations; provided,however, that no permit shall be
issued except with the written approval of the Board of Adjustment after public
hearing and after it has been determined that such use is a bona fide use and
conforms to and is carried out in accordance with the yard and area requirements
of the district and any other requirements as herein specified and would not
unreasonably congest traffic, endanger public safety, or in some other way be
injurious to the stability and residential character of the neighborhood.
b. Uses involving public assembly -- no permit shall be granted by the Board of Adju
ment for any building uses involving public assembly unless located on a tract of
land not less than three (3) acres in area and so located on the tract as to pro-
vide for a front building set -back of not less than fifty (50) feet and sideand
rear building set -backs of not less than seventy-five (75) feet.
The required parking space shall not occupy any part of the front building set
back, but may occupy all or part of the side and rear building set back.
c. Uses involving home occupations -- no permit shall be granted by the Board of
Adjustment for any home occupation unless limited to the uses and requirements se
forth in Section 3, 1-c below.
3. Uses Prohibited
a. Advertising signs -- no signs are permitted in this district except as specifica
permitted under Section 1-c of this Article.
b. Trailer courts and trailer homes
c. Churches
d. Other uses -- any other use not specifically permitted or permissible on appeal
in this Section.
4. Area and Bulk Regulations
a. Location of accessory buildings -- no accessory building shall be erected on any
required front or side yard. Accessory buildings shall be at least five (5) feet
from the rear lot line and ten (10) feet from other lot lines and from any other
buildings on the same lot. When built as an integral part of the main building, a
private garage or servant's quarters shall be subject to the regulations affecting
the main building.
b: Building height -- no building shall exceed three (3) stories or thirty-five(35)
feet in height.
c. Buildin
area --
on
any
lot the
area
occupied by
all buildings shall not exceed
thirty (30�
frontage ----------------------
per cent
of
the
total
area
of such lot.
yard
d. Building lot requirements -- only one principal building shall be located on a
lot, subject to the following requirements:.
Minimum lot area --------------------------------------- 10,000 square feet
Minimum
lot area
per family
-------------------,---------- 102000
square feet
Minimum
lot width
and
street
frontage ----------------------
75
feet.
Minimum
depth
of
front
yard
-----------------------------
25
feet
Minimum
depth
of
rear
yard (exclusive
of alley)
----------- 40
feet
Minimum
width
of
side
yards
(exclusive of alley)
---------- 10
feet
Minimum
width
of
side
yard along
an intersecting
street ---- 15
feet
Except where the lot fronts on the side (intersecting) street, in which case
side yard requirements shall be the same as for the front yard.
Section 2. R -1B Single Family Residential District
1. rises Permitted
a. Residential uses --
all uses permitted in Section 1, R-lA,
Single
Family
Residential District:
b. Accessory building
uses -- all uses permitted in Section 1,
.R-lA,
Single Family
Residential District.
c; Advertising signs
-- all uses permitted in Section 1, R-lA,
Single
Family
Residential District.
Ordinance No. 1239 (Continued
Z. Uses Permissible on Appeal to Board of Adjustment
a. All uses permissible on appeal in Section 1, R - 1A, Single Family Residential
District.
b. Churches
c. Uses involving public assembly -- no permit shall be granted by the Board of
Adjust ment for any building uses involving public assembly unless the building is
located on a tract of not less than three (3) acres and is so situated on the tract
as fo provide for a front building set back of not less than fifty (50) feet and
side and rear building set backs of not less than seventy-five (75) feet. The
required parking space shall not occupy any part of the front building set back, but
may occupy all or part of the side and rear building set back. Bulletin boards not
more than twenty-five (25) feet in area are permitted and may be,lighted only if
indiredt lighting is used.
d. Uses involving home occupations -- no permit shall be granted by the Board of
Adjustment for any home occupation unless limited to the uses and requirements set
forth on Section 30 lc below.
3. Uses Prohibited
a. All uses prohibited in Section
1, R-lA,
Single
Family -Residential
District,
churches, which are permissible on appeal
to the
Board of
Adjustment.
4. Area and Bulk Regulations
The regulations
set forth
in Section 19 R-lA, Single Family
Residential District, shall
apply, with the
following
exceptions:
Maximum area
occupied
by buildings -------------------------
35
per cent
Minimum lot
------------------------------------------
area8,000
square feet
Minimum lot
area per
family -----------------------------
8,000
square feet
Minimum lot
width and
street frontage ----------------
--- 70
feet
Minimum width
of side
yards (exclusive of alley) ----------
8
feet
ction 3. R-2 Two -Family Residential District
This district is intended to permit quiet residential neighborhoods of single and two-
family homes with smaller lot area requirements.
1. Uses Permitted
a. Residential uses -- all uses permitted in Section 1, R-lA and Section 2, R -1B,
Single Family Residential District.
Two-family dwellings and buildings designed and intended to accommodate two-
family un$ts.
b. Accessory building uses -- accessory buildings, such as garage, provided that
they are not occupied as individual or family living units.
c. Home occupations -- such as those of physicians, musicians, artists, real estate
brokers, beauticians and similar occupations; but not barbers, veterinary surgeons,
medical clinics or catering services; provided that no persons other than members
of the household are employed in such occupation, that not more than twenty-five
per cent of the total floor area in any dwelling unit is devoted to such use, and
that only one sign or window display not exceeding one square foot in area be uses.
showing name and occupation.
2. Uses Permissible on Appeal to Board of Adjustment
a. All uses permissible on ,appeal in Section I, R-lA,and Section 2, R -1B, Singes
Family Residential District.
b. Day nurseries, kindergartens, private schools, homes for convalescents other than
mental patients and alcoholics or persons with contagious diseases] and professional
offices that are clearly compatible with the primary uses of the district. One
thousand (1,000) square feet of lot area shall be provided for each patient or pupil
of such agency.
c. Uses involving public assembly -- same requirements as for Section 2, R -IB, Sing
Family Residential District, except that buildings for public assembly shall be
located on tracts of not less than two (2) acres each, have a front building set -be
of not less than forty (40) feet, and side and rear building set -back of not less t
fifty-five (55) feet. The required parking space shall not occupy any part of the
front building set -back but may occupy part of the side and rear building set -back.
3. Uses Prohibited
All uses prohibited in Section 2, R -1B, Single Family Residential District, and any o
use not specifically permitted or permissible on appeal in this Section.
4. Area and Bulk Regulations
a. Location of accessory buildings -- same requirements as set forth in Section l,A
shall ap1ply, except that accessory buildings shall be at least five (5) feet from
any lot line.
b. Building height -- no building shall exceed three W stories or thirty-five(35)
feet in height. .
c. Building area -- on anti lot the area occupied by all buildings shall not exceed
forty (40) per cent of the total area of such lot.
u
0
•
•
•
493
Ordinance No. 1239 (Continued)
d.
Building
lot requirements
-- only
one (1) principal building shall be located on
a
lot,•which
shall be subject
to the
following requirements:
Minimum
lot area, single family --------------------
6000 square feet
front
two-family -------------------
8,000 square feet
Minimum
lot width and street frontage
a. Any use permissible on appeal in Section 1, R-lA, and Section 2, R -1B, Single
depth
of
single family ....... -----------60
yard
feet
b. Public art galleries, not-for-profit clubs, lodges, and associations, except thos
two-family ------------------
60
feet
Minimum
depth of front yard -----------------------
25
feet
Minimum
depth of rear yard (exclusive of alley)
35
feet
Mimimum
side yard on each side (exclusive of alley)
7
feet.
Minimum
side yard along an intersecting street, except
less than fifty (50) feet. The required parking space shall not occupy any part
where
the lot fronts on the side (intersecting)
street, in which case the side yard requirements r
shall
be the same as for the front yard.
15
feet
Section 4. R-3 Multi -Family Residential District
s district is intended to include the medium density residential areas.characterized
my by a predominant number of multi -family or apartment houses with some commingling
singe family and two-family hoires, convenient to employment, shopping and entertain -
1. Uses permitted
a. Residential uses -- all uses permitted in Section 1, R-lA, and Section 2, R -1B,
Single Family Residential District, and Section 3, R-2, Two Family Residential
District.
b. Multi -family dwellings and buildings designed to accommodate three or more
units.
d. Home occupations -- any use permitted in Section 3, R-2 Two -Family Residential
District; the taking of roomers and boarders; provided the area used for this
purpose does not exceed twenty-five (25) per cent of the total floor area in any
dwelling unit.
depth
C. Accessory building uses -- accessory buildings, such as garages, provided that
front
yard
they are not occupied as individual or family living units.
d. Home occupations -- any use permitted in Section 3, R-2 Two -Family Residential
District; the taking of roomers and boarders; provided the area used for this
purpose does not exceed twenty-five (25) per cent of the total floor area in any
dwelling unit.
b. Mobile or trailer courts and mobile or trailer homes.
c. Other uses -- any other uses not specifically permitted or permitted on appeal
in this Section.
4. Area and Bulk Regulations
a. Location of accessory buildings -- regulations pertaining to the location of
accessory buildings set forth in Section 3, 4-a, shall apply.
b. Building height -- no building shall exceed eight (8) stories or ninety-nine(99)
feet in height.
c. Building area -- no requirements other than compliance with the building lot and
off-street parking requirements.
d. Building lot requirements -- the principal building shall be located so as to
comply with the following minimums:
Minimum lot area, single family
two-family
multi -family
---------------- 5,000 square feet
---------------- 7,00:0 square feet
---------------- 7,000 square feet for firs
two(2)family units plus,)
1,500 each for next six(6)
family units, plus, 10001
for each additional family
unit over 8 units.
Ninimum of width and street frontage
single family 50 feet
two or more families 60 feet
Minimum
depth
2. Uses Permissible On Appeal to Board of Adjustment
front
yard
-------------------
25
feet
a. Any use permissible on appeal in Section 1, R-lA, and Section 2, R -1B, Single
depth
of
Family Residential District, and Section 3, R-2, Two -Family Residential District.
yard
(exclusive of alleys) ---
b. Public art galleries, not-for-profit clubs, lodges, and associations, except thos
feet
whose chief activity is carried on customarily as a business.
c. Uses involving public assembly -- same requirements as for Section 3, R-2, Two -
Family Residential District, except that buildings for public assembly shall be
located on tracts of not less than one (1) acre each, have a front building set-
back of not -less than thirty-five (35) feet, and a side and rear set back of not
less than fifty (50) feet. The required parking space shall not occupy any part
of the front building set -back but may occupy part of the side and rear building
set -back.
3. Lises Prohibited
a. Advertising signs -- signs and billboards except those specifically permitted
under Section 1, 1-c, and Section 3, 1-c.
b. Mobile or trailer courts and mobile or trailer homes.
c. Other uses -- any other uses not specifically permitted or permitted on appeal
in this Section.
4. Area and Bulk Regulations
a. Location of accessory buildings -- regulations pertaining to the location of
accessory buildings set forth in Section 3, 4-a, shall apply.
b. Building height -- no building shall exceed eight (8) stories or ninety-nine(99)
feet in height.
c. Building area -- no requirements other than compliance with the building lot and
off-street parking requirements.
d. Building lot requirements -- the principal building shall be located so as to
comply with the following minimums:
Minimum lot area, single family
two-family
multi -family
---------------- 5,000 square feet
---------------- 7,00:0 square feet
---------------- 7,000 square feet for firs
two(2)family units plus,)
1,500 each for next six(6)
family units, plus, 10001
for each additional family
unit over 8 units.
Ninimum of width and street frontage
single family 50 feet
two or more families 60 feet
Minimum
depth
of
front
yard
-------------------
25
feet
Minimum
depth
of
rear
yard
(exclusive of alleys) ---
20
feet
t
494 c
z
m
Minimum side yard on each side (exclusive of alleys) ------ 5 feet
Except that where a building is more than three (3)
stories or thirty-five (35) feet in height, in which case an
additional two (2) feet of side yard set back shall be
provided for each additional.story.
Minimum side yard along an intersecting street ----------- 15 feet
Except where the lot fronts on the side (intersecting) street,
in which case the side yard requirements shall be the same
as that for the front yard.
'IS'ection 5. R-4, multi -Family Residential and Dormitory District
s district is intended to accommodate medium to high density family uses as well as
mitories, rooming and lodging houses, fraternities and sororities.
1. Uses Permitted
a. Residential uses -- all uses permitted in Section 1, R-lA, and Section 2, R -1B,
Single Family Residential District, in Section 3,.R-2; Two -Family residential
District, and in Section 4, R-3, Multi -Family Residential District..
b. Dormitory uses -- fraternity or sorority houses, and rooming and lodging houses.
2. Uses Permiitible on Appeal to Board of Adjustment
a. Any use permissible on appeal in Section 1, R-lA and Section 2, R -1B, Single Fami
Residential District, in Section 3, R-2, Two Family Residential District, and in
Section 4, R-3, Multi -Family Residential District.
b. Mobile or trailer homes -- provided that no more than one (1) trailer home is
mitted on a lot and that the minimum lot and yard requirements are met as set
for this district, and that utility and sanitary facilities are provided the
trailer home.
c. Uses involving public assembly -- same requirements as in Section 4, R-3, Multi -
Family Residential District_
3. Uaes.:Prohlbited
a. Advertising signs, except these specifically permitted under Section 1, 1-c,
Section 3, 1-c.
b. Mobile or trailer courts.
c. Other uses -- any other use not specifically permitted or permissible on appeal
in this Section.
4, LBuilding Lot Requirements
principal building shall be' -located so as to comply with the following minimums:
Minimum lot area, single family -----'-------------------- 5,000 square feet
two-family or dormitory use ------------------------= 6,500 square feet
multi -family -------------------------------------- 6,500 square feet for fir
two (2) family units plus
1,000 square. feet for eac
additional family unit.
Minimum lot width
and street frontage
single family -------------------------
50
feet
two or
more families or dormitory use --------
60
feet
Minimum depth of
front yard -----------------------------
25
feet
Minimum depth of
rear yard -----------------------------
20
feet
Minimum side yard
on each side of lot -------------------
5
feet
Except where a
building is more than three (3)
stories or
thirty-five (35)
feet in height, in which case an
additional two
(2) feet of side yard set -back shall be
provided for each
additional story.
Minimum side yard along an intersecting street ----------- 15 feet
Except where the lot fronts on the side.(intersecting)
street, in which case the side yard requirement shall
be the same as that for the front yard, no accessory building
shall be less than five (5) feet from the side or rear lot line
and no less than ten (10) feet from any other building on the same lot.
Section 6. C'-1 Neighborhood Commercial District
This district is intended to provide space for the retailing of convenience goods such a
groceries, drugs and other goods purchased primarily by members of nearby households, fo
professional offices, and for the provision of personal services -- barber and shoe re-
pair shops, dry cleaning and laundromat establishments. The district is usually located
along or at an intersection of major streets adjacent or near to residential areas.
1. Uses Permitted
a. The following, and all essentially similar convenience uses., are permitted
in this district:
Bakeries (retail). Laundry (self service)
Barber and beauty shops Nursery schools
Book stores and gift shops Produce and meat markets
Cafes (excluding drive-in) (retail)
Clinics (medical) Professional offices
Confectionery shops Radio and TV repair shops
Drug stores Service stations
Grocery stores Shoe repair shops
Laundry and dry cleaning Stationery stores
(pick up stations only) Variety stores
•
•
•
•
IMe-
Ordinance
-.
Ordinance No. 1239 (Con
b. Accessory uses -- uses
that; are incidental to
the permitted uses and that
on appeal in this
are not
detrimental to
the adjacent property,
or the character of the distric
.
c. Signs --
thirty
each business
(30) square feet
establishment may install
in area to advertise
one sign not exceeding
a product or products or the
name of
the firm provided
that:
C1) Such sign shall be affixed parallel to the building wall or if project -
in at right angles to the building, shall not extend more than four
(4 feet from the building line.
(2) No sign shall be located within ten (10) feet of the street right-of-way
or of a residential district.
C3) Flood lights or other lights used for signs are no higher than thirty-
five (35) feet and are located so that light is reflected away from any
adjoining residential property.
2. Uses Permissible on Appeal to Board of Adjustment
following uses are subject to such conditions as the Board of Adjustment may require
order to preserve and protect the character of the district.
a. Municipal facilities for essential neighborhood services.
b. Apartments or dwelling units located on the second or third floors ofstruc-
tures used primarily for retail or service business establishments.
3. Uses Prohibited
a. Any residential use except as permissible on appeal pursuant to Section 6,2-b
b. Any other use not
specifically permitted
or permissible
on appeal in this
Section.
4. Area and Bulk Regulations
a. Set -back lines, front -- there shall be a minimum front yard of fifteen (15)
feet for all principal structures except where the district abuts or adjoins
a residential district within the same block and on the same side of the
street, in which case the set -back line shall conform to the minimum
residential set -back within the sane block, but in no event shall it be less
than fifteen (15) feet. If, however, parking is permitted in front of the
building, the set back shall be no less than forty (40) feet from the front
property line.
b. Side and rear yards -- no side yards are required except ten (10) feet when
property is contiguous to a residential district or if the side yard is on
an intersecting street. However, if parking is permitted on theside yard of
an intersecting street, the set back shall be no less than forty (40) feet
from the intersecting street. No structure shall be placed closer than ten
(10) feet of the rear property line, eclusive of alley.
C* Builch ng height -- no building shall exceed three (3) stories or thirty-five
(35) feet in height.
d. Building area -- on any lot the area occupied by all buildings shall not
exceed sixty percent of the total area of such lot.
e. Building lot requirements -- one or more principal buildings may be located
on a lot but each lot shall'be subject to the requirements of Section 6, 4-a
above and Article 1V, Section 7, OrL Stmt. P�ino Requ'remaT.
Minimum lot area None
Minimum width at building line and
street frontage None
tion 7. C-2 Thoroughfare Commercial District
This district is inte*ded to provide space for certain retail activities and services
primarily to serve the motoring public. Located along major thoroughfares, it is
characterized by establishments such as motels, drive-in refreshment stands, restaurants
automobile sales and service, filling stations, professional offices, grocery and drug
stores and related retail and service shops. The district is further characterized by
off-street parking space and protection from more intensive types of commercial uses.
1. Uses Permitted
a. Any use permitted or permissible on appeal in Section 6, C-1, Neighborhood
Commercial District.
b. The following, and all essentially similar uses:
Animal hospitals
Auto agencies, new and used
Auto laundries
Bowling alleys and
billiard halls
Bus terminals and cab stands
Clinics, medical and dental
Drive-in eating and drinking
establishments
Drive-in movies
Furniture and appliance
stores
Garages and auto repair
Grocery stores
Lumber yards
Machinery and equipment
sales and services
Mortuaries
Motels
Signs and outdoor
Advertising
Skating rinks
Sporting goods stores
Taverns and night clubs
prdvided they are not
in violation of any other
ordinance
496
z
Ordinance No. 1239 (Continued) [T,
C_
Hardware and paint stores Theatres
Liquor stores
Mobile or trailer courts
•
Truck terminals
C . Accessory uses -- other accessory uses that are incidental to the permitted
uses and that are not detrimental to the adjacent properties or the character
of the district.
d. Signs -- each business establishment may install outdoor advertising signs and
sign panels aggregating not over 450 square feet in sign area, provided that:
(1) Flood lights or lights are arranged so as to reflect light away from ad-
joining residential properties.
(2) No more than 300 square feet of sign area is provided for each fifty (50)
feet of frontage.
`3) No signs shall be placed within ten (10) feet of a residential district.
C4) No sign shall be located within ten (10) feet of the front street right-of-
way.
2. Uses Pem issible on Appeal to Board of Adjustment
a. Churches, schools, parks and playgrounds and related community facilities as
listed in Section 5, 2-a, R-4 Multi -Family Residential and Dormitory District.
b. Apartments or dwelling units located on the second or third floors of structures
used primarily for retail or services establishments.
c. Uses involving public assembly -- same requirements as set forth in Section 4,
2-c, R-3 Multi -Family Residential District.
3. Uses Prohibited
a. Any residential use except as permissible on appeal pursuant to Section 7,
2-b, C-2 Thoroughfare Commercial District.
b. Any other use not specifically permitted or permissible on appeal in this
Section.
4: Area and Bulk Regulations
a. Set -back lines, front yard -- same as required under Section 6, 4-a, C-1
Neighborhood Commercial District.
b. Side and rear yard -- no side yards are required except ten (10) feet when
property is contiguous to a residential district, but no structure shell be
placed closer than ten (10) feet of the rear property line, exclusive of
alley. However, if parking is permitted on the side yard of an intersecting
street, the setback shall be no less than forty (40) feet from the inter-
secting street. In cases building exceeds three (3)- stories in height, two
(2) feet of side and rear yards shall be required for each additional story
in height.
c. Building height -- no building shall exceed six (6) stories o}' seventy-five
(75) feet in height,
d. Building area -- on any lot the area occupied by all buildings shall not
exceed sixty (60) percent of the total area of such lot.
e. Building lot requirements -- one or more principal buildings may be located
on a lot but each lot shall be subject to the requirements of Section 6, 4-e,
C-1 Neighborhood Commercial District above, and Article 1V, Section 7,
Off -Street Pa -king Requirements.
Minimum lot area None
Minimum width at building line
and street frontage None
Section 8. C-3, Central Commercial District
This district is located centrally to the surrounding trade area and region and is
intended to provide space for retailing services of all kinds, professional offices, ban
s,:
hotels, and places of amusement, plus limited %flholesaling, warehousing and storage of
goods which do not unduly disturb the retail character of the area.
1. Uses Permitted
a. Any use permitted or permissible on appeal in Section 6, 2-a and b. C-1
Neighborhood Commercial District.
b. The following and essentially similar uses:
Appliance and hardware stores Luggage shops
Auto sales and service Mail order outlets
Banks and financial institutions Motorist hotel
Bus and railroad stations Newspaper printing plants
Clothing stores Office buildings
Commercial entertainment Parking garages
Department stores Pawn shops
•
Furniture stores Printing & Engraving
Government buildings Printing & Publishing
Grocery stores Radio and TV studios
Hobby stores Taxi stands
Hotels Telephone exchanges
a
•
•
497
Ordinance No. 1239 (C
Jewelry stores Theatres
Laundries and cleaners Wholesaling
Liquor and. Tobacco stores
c. JGenerally, any retail or wholesale commercial establishment or place of
amusement selling goods and services on the premises and not involving the
manufacture or treatment of the product other than as are clearly incidental
to the conduct of such retail or wholesale establishment.
d. Accessory uses -- uses that are incidental to the permitted uses and that
are not detrimental to the adjacent properties or the character of the distr
e. Signs -- each business establishment may install outdoor advertising signs
and sign panels provided that a sign does not aggregate over 450 square feet
of sign airea for each fifty (50) feet of frontage.
1) If sign projects
at riTht
angles
to
the
building
front, it shall not
extend more
than
four
4)
feet
from
the
budding
line.
2) In case the property adjoins a residential district, signs shall not be
placed within ten (10) feet of the residential district.
2. Uses Permissible on Appeal to the Board of Adjustment
The follovd ng uses are permitted only with the written approval of the Board of
Adjustment and subject to such conditions as the Board may require in order to preserve
and protect the character of the district and adjoining districts.
a. Churches, schools, parks and playgrounds and related community facilities
as listed in Section 5, 2-a, R-4 Multi -Family Residential and Dormitory
District.
b. Apartments or dwelling units located on the second or upper floors of
structures used primarily for retail or service establishments,
c. Uses involving public assembly -- same requirements as set forth in Section
2-c, R-3 Multi -Family Residential District.
3. Uses Prohibited
a. Any residential uses except as permissible on appeal pursuant to Section 8,
2-b, C-3 Central Commercial District.
b. Any other use not specifically permitted or permissible on appeal in this
Section.
4. Area and Bulk Regulations
0
t. 1
a. Set back line, front yard -- none required, except as may be required by the
set -back ordinance; or, if the property abuts or adjoins a residential district
within the same block and on the sane side of the street, in which case a
ten (10) foot front yard shall be required.
b. Side and rear yards -- no requirements except ten (10) feet where property i
contiguous to residential districts; or, if the building exceeds three (3)
stories in height, in vh ich case two (2) feet of side anal rear yards shall b
required for each additional story in height.
C. Building height -- no requirements.
d. Building area -- no requirements except as may be necessary to provide off-
street parking space.
e. Building lot requirements -- one or more principal buildings may be located
on a lot but each lot shall be subject to the requirements of Article 1V,
Section 7, Off -Street Parking Requirements.
Minimum lot area
Minimum width at building line
Section 9. 1-lA Li¢ht Industrial District
This district is intended to accommodate the smaller sized, cleaner and more quiet
industries and to provide space for wholesaling, storage, packaging, display, shipping,
distribution, and those retail uses which are accessory to the operations.
1. Uses Permitted
a. The follovi ng, and all essentially similar, uses:
Animal hospitals
Auto body repair shops
Bakeries
Boat building
Bus, truck and train terminals
Commercial and industrial
display and vholesele outlets
Contractor's yards
Dairy processing plants
Fabrication, compounding and
packaging of previously
prepared materials
Farm machinery sales and
storage.
Freight depots
Ice cream manufacturing
Ice plants.
Laundry and dry cleaning plants
Lumber yards
Machine shops
Printing plants
Restaurants
Service stations
Sheet metal shops
Truck lines
Utility equipment yards and
substations
Warehouses
Wholesale stores
498 Z
b. Signs -
outdoor
advertising structures
not over
to 1- lA Light
three hundred
(300) square
feet in
area for
each seventy-five (75)
feet
of
frontage.
2. Uses Prohibited
Residential or rooming house
facilities, except for care-
takers or watchmen
Slaughter houses, stockyards,
or poultry processing plants
Sawmills or plaXning mills
Gas (heating or illumination)
manufacture or storage
Manufacture or storage of
explosives
Glue manufacture
Incineration, dumping, or reduction
of dead animals, garbage, offal
or refuse
Paper or pulp manufacturing by
sulphide processes emitting
noxious gases or odors
3. Area and Bulk Regulations
Forging plants or foundries
Fertilizer plants.
Feed mills or canneries
Auto salvage or junk yards
Brick, tile or terra cotta
manufacturing
Refining of petroleum, or
Other crude materials
Asphalt manufacture or refining
Any trade, industry, or use
that is injurious, noxious,
offensive or hazardous by
reason of the emission of odor,
dust, fumes, smoke, noise
or vibration
There shall be a twenty-five (25) foot minimum set -back from all street rights-of-
way and a fifteen (15) foot minimum set -back from all other property lines except where
adjoining a residential district a twenty-five (25') foot set -back is required.
Section 10. 1-1B Light Industrial District
This
district
is
similar
to 1- lA Light
Industrial District in intent but permits some
less
desirable
uses.
one hundred
(100) feet of
frontage.
1. Uses Permitted
a. All uses permitted in 1- lA Light Industrial District
b. In addition, the following uses are permitted.
Poultry and other food processing plants
Hatcheries
The manufacture of or mixing plant for cement, mortar,
plaster,- or paving materials except asphnl t.
Planing mills
Manufacturing, light only
Feed mills
2. Uses Prohibited
a. All uses prohibited in 1- lA Light Industrial District except those uses
specifi 1V pt�Mj,tted in this District, as listed under lb above.
3. Area and Bu e a ions
Same as 1- 1A
Section 11 1-2 Heavy Industrial District
A district intended to provide space for the manufacture of heavy, raw products and for
large industries that are generally objectionable to residential and business uses.
1. Uses Permitted
ae The following, and all essentially similar, uses:
(1) All uses permitted in 1- lA and 1- 1B Light Industrial District, except
Bakeries and Restaurants
(2) in addition, the following uses'are permitted:
Animal and poultry slaughter
Fertilizer plants
Manufacturing, fabrication, compounding and
packaging of raw materials
Forging plants or foundrves
Garbage disposal
Incineration, limited to garbage and combustible
refuse
Junk and auto salvage yards, provided that the
operation is enclosed by a solid metal or wood fence
not less than eight (8) feet in height,
Bulk oil or petroleum storage
Railroad facilities
Reservoirs
Saw mills
Sewage disposal plant
(3)
Signs
- outdoor advertising
structures
not over four
hundred (400)
square
feet in area for each
one hundred
(100) feet of
frontage.
2. Uses Prohibited
a. Residential or rooming house facilities, except those required for caretaker
or watchmen.
b. Bulk LP gas manufacturing, refining of petroleum, or'storage of grs or pet-
roleum except for use on the premises
C,
J
r•,
Ordinance No. 1239 (Continu•ed)
� 9
Asphalt refining or manufacture
Manufacture or storage of explosives
0 Incineration, dumping or reduction of dead animals or offal
Open dumps and quarries
Any other trade, industry or use determined by the State
Health office to be excessively. injurious, noxious,
offensive or hazard)(ous by reason of the emission of odor,
dust, fumes, smoke, noise or vibration.
3. Area and Bulk Regulations
There shall be a fifty (50) foot minimum building set -back from all street right-of-way
and a twenty-five (25) foot minimum set -back from all other property lines except that
where adjoining a residential district a fifty (50) foot set -back is required.
Minimum distance between unconnected
buildings on same lot 15 feet
Maximum building height 75 feet
Section 12. P-1 Institutional District
A district for property owned or controlled by larger public institutions, and a church
related organization:. (This district includes the University of Arkansas, the Veterans
Hospital, and the Methodist Assembly.).
1. Uses Permitted
Any use determined by the institutions or organizations involved to be essential for
their purposes and requirements.
2. Use Regulations
a. Minimum set -backs of twenty-five (25) feet from all street and property lines
shall be required for all new construction for buildings up to thirty-five
(35).feet in height; for buildings over thirty-five (35) feet,there shall
be one (1) foot of set -back required for each additional foot in height to a
maximum of fifty (50) feet. No restriction in height is required in this
district.
b. Residential construction within this district shall be subject to the regu-
lations governing such construction in the predominant district adjacent to of
surrounding the district.
c. Minimum off-street parking facilities shall be'provided in accordance with the
applicable portions of Article 1V, Sec. 7, Off -Street Pa'rkina R-enuirements.
d. Loading and unloading facilities shall be provided so as not to block any
public road or alley.
Section 13. P-lA Special Church District
A district for three (3) churches, designated as P-lA in the Zoning District Map,
construction of whi`cii would have been permitted under the zoning Ordinances or amend-
ments thereto, which were in effect at the time the properties were acquired.
1. Uses Permitted
Any uses consistent with th6`ne d ` of the churches involved.
2. Use Regulations
a. The church shall be subject to the regulations of the district in Vh ich the
property is located, except
1) no minimum lot size is required
2) no referral or appeal to the Board of Adjustment is required.
3) Such church property located in R-lA Single Family Residential District
shall be subject to the minimum front, side and rear building set -back,
off-street parking and other requirements of R -1B Single Fsmily Residenti;
District (Section 2, 2c)
ARTICLE V1 EXCEPTIONS AND MODIFICATIONS
Section 1. Lot of Record prior to Adoption of Ordinance
Any lot in a residential district which was of record and retained in a continuous '
separate ownership at the time of the adoption of this Ordinance and which does not have
sufficient land to conform to the yard width or other requirements of the Ordinance, may
be used as a building site for a single family structure, provided that the other re-
quirements are met.
Section 2. Front Yards
The front yard requirements of this -Ordinance for residential uses shall not apply to
any lot where the adjoining developed lots va th principal buildings are within one hundr
(100) feet of the lot and are within the same block and zoning district, are fronting on
the same side of the street and where the average depth of the front yards of such lots
either less or more than the minimum required front yard depth. In(such case, the
minimum front yard depth shall be the average of the existing front yard depths of the
adjacent developed lots with residential buildings.
91
U
Ordinance No. 1239 (Continued)
tion 3. Group Housing Projects
In the case of a group housing project of tvc or more buildings to be constructed on a
plot of ground not subdivided or where the existing or contemplated street and lot layou
,make it impracticable to apply the requirements of this ordinance to the individual buil
ing units in such housing projects, the application of the terms of this ordinance may
be varied by the Board of Adjustment in a manner that will be in harmony with the
character of the neighborhood..
The variance shall insure substantially the same character of occupancy and an intensity
of land use no higher'and a standard of open space no -lower than that permitted by this
ordinance in the district in which the proposed project is located. However, in no case
shall the Board of Adjustment authorize a use prohibited in the district in which the
project is located, or a smaller lot area per family than the minimum required in such
district or a greater height or a larger coverage than the requirements of this ordinanc
permit in such district.
action 4. Remodeling and Alterations of Dwellings in Industrial and
Commercial Districts
Residential uses are prohibited in commercial districts -- Section 6, C-1, Section 7,
0-2, and Section 8,'C-3, except as permissible on appeal pursuant to Section 6, 2-b, and
in industrial districts Section.9, 1-1, and Section 10, 1-2. However, with respect to
remodeling and- alteration or rebuilding of nonconforming residential uses within these
districts, such remodeling and alteration is permissible on appeal if in the opinion
of the Board of Adjustment, continued residential use of the property does not constitut
an unreasonable health hazard to the occupants and avoids unreasonable economic losses.
ion 5. Property Rezoned for Commercial Uses
ny lot or lots which were rezoned for commercial uses by action of the City Councro
il wit
n one (1) year prior to the adoption of this Ordinance shall continue as rezoned, pvi ed
that a building permit is obtained within one (1) year for any construction and develop-
ent permitted by the rezoning and that such construction and development is completed
ithin tvo (2) years after the adoption of this ordinance.
ection 6: Setback Lines for Signs before Street Widening
Buildings, structures (signs), yards and official setback lines are defined in Article 1
3 and 28. However, with respect to ground signs, the setback measurements for such sign
may be based on the existing private property line, if. the street widening or alteration
are not completed, rather than on the official setback line as determined by the Major
Street Plan. If a ground sign is to be erected at an intersecting street, such sign sha
not be located within fifteen (15) feet of any existing property lines on that intersect
street corner. After a street is widened in accordance tit-th the requirements of the
Major Street Plan, all signs shall be located in conformance with the official..setback
line, with the owners bearing all expenses involved in the relocation of such signs.
VII ENFORCEMENT
Section 1. Enforcing Officer
The provisions of this ordinance shall be administered and enforced by a Building Inspe,
for appointed by the Mayor and City Council who shall have the power to make inspection
buildings or premises necessary to carry out his duties in the enforcement of this
ordinance.
ection 2. Building Permits and Certificates of Occupancy
1. Building Permit Required
It shall be unlawful to commence the excavation for the construction of any building,
including accessory buildings, or to commence the moving or alteration of any building,
including accessory buildings, until the Building Inspector has issued a building permit
for such work.
2. Issuance of Building Permit
pE C.7
When applying to the Building?V'or a building permit, the applicant shall submit a plat
and/or plans in duplicate drawn to scale, showing the actual dimensions of the lot to be
built upon, the size, height, and location on the lot of all buildings to be erected,
altered, or moved and of any building already on the lot. The applicant shall also state
the existing and intended use of all such buildings and supply such other information as
may be required by the Building Inspector for determining whether the provisions of this
ordinance are being observed.
If the proposed excavation is in conformity with the provisions of this ordinance and wi
other ordinances of the City of Fayetteville now in force, the Building Inspector shall
issue a building permit for such excavation or construction. If a building permit is
refused, the Building Inspector shall state such refusal in writing, with cause.
a. The issuance of a permit shall.in no case be construed as waiving any provisions
this ordinance.
b. A building permit shall
become Void
six months
from the date of issuance unless
work has been started on the project
described
therein.
c. A building permit shall become void twenty-four :
i
Ordinance No..1239 (Continued)
3. Certificate of Occupancy
•A�.certificate 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 has been completed in conformity with the provisions of thes
regulations. If such certificate is refused the building inspector shall state such
refusal in writing with the cause.
No land or building or part thereof hereafter erected or altered in its use or structure
shall be used until the building inspector shall have issued a certificate of occupancy
stating that such land, building, or part thereof, and the proposed use thereof, are
found to be in conformity with the provisions of this ordinance or other ordinances of
the City.
4. Records
A complete record of all certificates, plats and plans shall be maintained in the office
of the building inspector for inspection or use by the public. Copies reproduced at the
applicants expense, shall be furnished on request to any person having a proprietary or
tenancy interest in the building affected. A fee of one dollar($1.00) shall be charged
for an original certificate of occupancy and fifty cents (50¢) for copies of.any origina
,1\ certificate of occupancy.
i7
r Section 3. Violation Penalty ,
f
Any person, firm, or corporation violating or not complying with any provision of this
ordinance shall be guilty of a misdemeanor and upon conviction shall be fined not less
than twenty-five dollars (625.00) nor more than one thousand dollaxs(61,000.00).
Each day such violation exists shall constitute a separate offense.
ARTICLE VIII BOARD OF ADJUSTMENT
ection 1. Creation and Appointments ,
This ordinance provides for a Board of Adjustment in accordance with Act 166 of the 1957
General Assembly. The Board of Adjustment shall consist of five (5) members, one of whom
may be a member of the planning commission, to be appointed by the Mayor and confirmed
by the City Council. All members of said Board shall serve without pay. The term of
membership shall be five years. Vacancies shall be filled for the unexpired term of any
member.in the same manner as original appointments.
The board shall meet and organize annually to elect its own chairman and vice-chairman,
each of whom shall serve for one year or until his successor is duly qualified. The
'Mayor shall appoint a secretary who shall hold office during the will and pleasure of
the Mayor and who shall receive such compensation from the City of Fayetteville as may
be fixed from time to time by the City Council of the City of Fayetteville.
Section 2. Procedure
Meetings of the Board of Adjustment shall be held at such times and at such places
within the City as the Board may designate, or at the call of the chairman, But the
Board shall have at least one meeting each month. All meetings 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 a member is absent or fails to vote, noting such fact. The
Board shall keep records of its examinations and other official actions, all of which
shall be immediately filed in the office of the Building Inspector and shall be a public
record.
he.presence of three (3) members shall be necessary to constitute a quorum and the con-
curring vote of at least three-fifths(3/5) of the members of the Board shall be necessar
to reverse any order, requirement, decision, or determination of any administrative
officer or to decide in favor of the application on any matter upon which it is required
to pass under the zoning ordinance or to effect any variation in such regulations.
he Building Inspector or his representative shall attend each meeting of the Board and
shall make available all plans, specifications, plats and papers relating to any`case
before the Board for consideration.
Section 3. Appeals or Variances
Any appeal or application for variance to the Board of Adjustment may be taken by any
person, firm or corporation aggrieved, or by any governmental officer, department, board
or bureau affected by any decision of the buildingiinspector based in whole or in part
upon the provisions of this ordinance.
The Board of Adjustment shall publish a notice of the time and place of a public hearing
upon such•appeal or application for variation; such notice shall be published at least
once not less than ten (10) days preceding the date of such hearing in an official paper
or newspaper of general circulation in Fayetteville, such notice to contain the particul
location for which the appeal or variation is requested as well as a brief statement of
what the proposed appeal or variation consists of. A sign three (3) feet wide and four(4
feet high shall be placed upon the property by the Building Inspector giving the date
and place of the public hearing and what the appeal or variance consists of, fifteen(15)
days before the date of tublic hearing. The Board shall also give notice of such hearing
to interested persons and organizations as it shall deem feasible and practicable. Upon
the date of the hearing any party may appear before the Board in person or by attorney.
The applicant shall be required to pay a filing fee of ten dollars ($10.00) to cover the
cost,of publishing and mailing notices and such other expenses as may be incurred in
connection with such appeal or application.
Section 4. Eviration of Permits
Permits
1. No order of the Board permitting the erection or alteration of a building shall be
valid for a period longer than sixty (60) days unless a building permit for such erectio
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.
2. No
order
of the
Board
permitting a use
of a
building or premises shall be
valid f
a period
longer
than
sixty
(60) days unless
such
use is established within this
period;
ontinu
rovided, however, that where such use permitted is dependent upon the erection or alter -
tion of a building, such order shall continue in force and effect, if a building permit
or said erection or alteration is obtained within such period and such erection or alter
tion is started and proceeds to completion in accordance with the terms of the permit.
action 5. Powers
Board of Adjustment shall have the following powers:
1. Administrative Rev
o hear and decide appeals where it is alleged by the appellant that there is an error in
ny order, requirement, permit, decision, determination or refusal made by the building
nspector or other administrative official in the carrying out or enforcement of any
rovision of�this ordinance.
2. Special Exceptions
hear and decide applications for special exceptions upon which the Board of Adjustment
specifically authorized to pass.
3. Variance
o hear and decide applications for variance from the terms of this ordinance in cases
here a specific piece of property characterized by exceptional narrowness, shallowness, 4
shape was a lot of record at the time of adoption of this ordinance; or where, by reason
f exceptional topographic conditions or other extraordinary or exceptional situations or
onditions of a piece of property, the strict application of the provisions of this
rdinance would result in exceptional practical difficulties to or exceptional hardship
pon the owner -of such property; provided that such relief may be granted without substan•
ial detriment to the public good and without substantially impairing the intent and
aroose of this ordinance as specifically authorized in Article VI, Sections 1 and 3.
tion 6. Appeal from Decision of the Board
eal from
a decision of
the Board
of Adjustment
shall be to
a
court
of record having
isdiction
within thirty
days from
the date of
the decision
of.the
Board.
1. In granting a variance the Board may attach thereto such conditions regarding the
ation, character and other features of the proposed building, structure or use as it
deem advisable in furtherance of the purpose of this ordinance.
2 Before any variance is granted it shall be shown that special circumstances are
ttached to the property which do not generally apply to other property in the neighborhoi
LE IX AMENDMENT
'he City Council may from time to time amend this Ordinance. Members of the City Council
)r any other official or person may petition for an amendment to the Ordinance, which
>etition shall first bes'ubmitted.td the Planning Commission for its report and
•ecommendation.
1. Amendment Procedure for Private Parties
a. Fee. Any private party or parties desiring a zoning change shall pay a fee of
025.00 to the City Treasurer to cover the costs of public notices and related
expenses.
b. Petition. Any private party or parties desiring an amendment to the ordinance, u
gayment of the above fee, shall submit to the Planning Commission a petition giv
the legal description of the property involved and the Zoning classification requested
for the property. The petition shall also include a statement and diagram explai
why the proposed changes will not conflict with surrounding'land uses.
c. Public hearing. Upon receipt of a petition for an amendment, the Planning Commis
shall hold a public hearing on the proposed amendment, after:
(1) Publishing a notice in a newspaper of general circulation in the City at leas
one time fifteen(15) days prior to the public hearing, setting forth the time
and place of such hearing and the amendment proposed;
(2) Posting a sign three (3) feet by four (4) feet in size at a conspicuous place
on the property, fifteen (15) days prior to the date of the public hearing an
on which is set forth the date and place of the hearing and the amendment
proposed.
d. Action by Planning Commission. Following the public hearing the proposed amendmen
may be approved as presented or in modified form by a majority vote of the Planni
Commission and recommended for adoption by the City Council, with the reasons for
such recommendation stated in writing.
"If the Planning Commission disapproves a proposed amendment, the reasons for suck
disapproval shall be given in writing to the petitioner."
"If the Planning Commission neither approves or disapproves a proposed amendment
within forty-five (45) days after receipt of a petition for an amendment, the
action on such amendment by said Planning Commission shall be deemed favorable."
e. Action b the Cit Council. The City Council, by majority vote, may by ordinance
adop he recommended amendment submitted by the Planning Commission or may retur
the proposed amendment to the Planning Commission for further study and recommend
ation.
If the City Council does not concur with the recommendation of the Planning Com-
mission, either as first submitted or as submitted after restudy, the City Counci
may, by a majority vote, amend this Ordinance by granting the original request for
amendment in full or in modified form.
)d..
imO C?
Ordinance No. 1239 (Continued)
f, Appeal by petition to City Council. Following disapproval of a proposed amendment
by the Planning Commission, the petitioner may appeal such disapproval to the
City Council, provided that the petitioner states specifically in writing to the
City Clerk why he considers the Planning Commission's findings and decisions are
in error. Such appeal shall be filed with the City Clerk within fifteen (15) days
from the date of the Planning Commission action.
g, Re-;Refor amendments. No application for zoning amendments will be consid-
ered by he'Planning Commission within Twelve (12) months from date of final
disapproval of a proposed amendment unless there is evidence submitted to the
Planning Commission which justifies reconsideration.
2. Amendment Procedures for Members of the City Council.
When members of the City Council desire to initiate amendments to the Ordinance, such
proposals shall be referred by resolution to the Planning Commission for study and
recommendations. Following public hearing as provided for in lc above, the Planning
Commission and City Council shall act in accordance with the procedures set forth in ld
and le above.
ARTICLE X LEGAL STATUS PROVISIONS
Section 1 Conflicting Ordinances Repealed
All ordinances or parts of ordinances of the City of Fayetteville in conflict herewith
including but not limited to the following ordinances, are hereby repealed:
Ordinances Nos. 1002, 1005, 1008, 1037, 1049, 1077, 1079y 1081, 1087, 1090, 1095, 1097,
1117, 1139, 1148, 1157, 1158, 1163, 11812 1195, 1199, 1200,`1201, 1206,and_1238.
Section 2. Severability
If any section, clause, provision or part of this ordinance shall be held invalid or
unconstitutional by any court of competenfa jurisdiction, such section; clause, provision
or part shall be deemed severable and se-garable, and the remainder of this ordinance
shall be and remain in full force and effect. It is hereby declared to be the intent of
the City Council that this ordinance would have been passed and adopted had such invalid'
or unconstitutional provisions, if any, not been included herein,
Section 3. Effective Date
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.
PASSED AND APPROVED THIS 13th day of June, 1960.
APPROVED:
:4440wx, MAYOR
Final Estimates
Consulting Engineer Marion L. Crist appeared before the Council and presented the final
and payment5
to
estimates ori the Sewer Contract of Forsgren Bros. and the Sewage Disposal Plant & Lift
Stations contract of the Tune Construction Co. as well as the amount due Engineer Crist
Forsgren Bros.
and Associates under terms of their contract.
Engineer Crist reported that these contracts had been completed in accordance with the
Tune Const.
Co.
plans and specifications and that --the sum of $23,900.00 was due Forsgren Bros.less
liquidated damages amounting to $6,000.00 making a total amount due Forsgren Bros. of
&
17,900.00 and the sum of 10,666.69 less liquidated damages amounting to thersum of
584.16 or a total sum 510,082.53 was,due the Tune Construction Co. And that the sum c
Payment to
,of
5 6,564.15 was due Marion L. Crist & Associates under terms of their contract, and he
Crist & A•ss
c.'
recommended that the Council accept the work and approve the final estimates.
Alderman McClelland moved to accept the recommendation of Consulting Engineer Marion L.
Crist and accept the work and approve the final estimates and make payments as follows•:
Forsgren Bros. $23,900 less liquidated.dama es amounting to $6,000.00 or a total sum of
$17,900.00 aad but to retain the sum of 51,500.00 on the total payment for a period
of;',Thirty ( 30 ) days. 0
Tune Construction Co. $10,666.69 lessliquidated damages amounting to $584.16 or a total
sum of $10,082.53 but to retain the sum of $3,000.00 on the total payment until a letter
of clearance is received, from Consulting Engineer Marion L. Crist & Associates.
Marion L. Crist & Associates, Consulting Engineers, the sum of $6,584.15 as payment due
under the terms of their contract.
The motion was seconded by Alderman Burgin and upon roll call the following vote was,
recorded: "Aye" Barnhart, Smith, Burgin, McClelland, Hatfield, Kent, and Walker,
"Nay" Nome. Abstaining: Alderman Lunsford.
There being seven "Ayes" with no "Nays" and one Abstaining, the Mayor declared the motion
passed.
The City Clerk presented a plat for a Sub -Division to be known as the Garner-Larimore
Addition to the City of Fayetteville, Arkansas, which had been approved by the City
Plat fo
Commission.
Garner -After
After a brief discussion, the City Clerk read aproposed ordinance in its entirety
Larimore
entitled,"AN ORDINANCE TO ACCEPT AND CONFIRM THE DEDICATION OF ALL STREETS,ALLEYS AND
Addition,
EASEMENTS IN GARNER-LARIMORE ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS".
Ordinance 1
ft on
No further action was taken at this time and the ordinance was left on its first reading.
first readi
g.
,$3000.
rec.
for Park
improve-
ments.
Air-cond-
itioning
rec. for
City Hall.
Further
aid from
U.of A.
Planning
Board.
Right -of -
Release
to
Shipleys.
Alderman Barnhart reported that the Parks Committee had recommended the appropriation by
the Council of the sum of $3,000.00 for equipment and improvements in the -Old City Park
and the New City Park located in the south part of the City.
After a long discussion, action on this was deferred until an itemized list of the
equipment to be purchased and improvements to be made was presented to the Council.
The Mayor recommended that some remodeling and alterations be made in the City Hall
preparatory to air-conditioning the west side of the building and that it would cost
approximately $6,000.00
After a brief discussion, Alderman Lunsford moved that the City Engineer be authorized to
prepare plans and specifications for the proposed alterations and remodeling in the City
Administration Building.
The motion was seconded by Alderman Smith and passed unanimously,
The Mayor reported that it was necessary at this time to make a decision as to whether
further assistance from the University of Arkansas Planning Board was desired in the
Master Planning Program and if so, the amount to be paid by the City for this assistance
which would be matched, in part, by Federal Funds.
After a lengthy discussion, the Mayor appointed a committee composed of Aldermen Barnhart;
Kent, and Hatfield to meet with Mr. Raymond Nelson of the University Planning Board to
study this and make a recommendation at the next Council meeting.
r n sed
The City Attorney presented Right -of -Way Release on an Easement granted to the Ci$y by
�Mr. & Mrs. IV. G. Shipley, dated February 21, 1959, and he recommended the approval of thi:
Right -of -Way Release by the City Council.
Alderman Burgin moved to approve the Right -of -Way Release to Mr. & Mrs. W. G. Shipley
and that the Mayor and City Clerk be and they are hereby authorised to execute same.
The motion was seconded by Alderman Smith and passed unanimously.
There being no further business, Alderman Smith moved to adjourn. The motion was seconded
by Alderman Lunsford and passed unanimously, vh ereupon the Mayor declared the meeting
adjourned.
ATTEST:
'Q