Overgrown Lots and Yards (including alleys and easements): All grasses and weeds shall be maintained at 10” or less in height.
Properties are to be kept clean and free of all trash, garbage and debris.
The property cannot be utilized for the open storage of any abandoned motor vehicle, household appliance or household furniture (regardless of working condition), glass, building material, tires, building rubbish or similar items.
In addition to all such items as listed above, all dead limbs (whether on the ground or hanging in trees) and dead or dying trees shall be removed from the property.
Blind corners shall be abated by the trimming of vegetation which is impeding the view of oncoming traffic or causing a hazardous condition for motorists. This may include blocked views from neighboring driveways as well as intersections.
Abatement of Graffiti. (We encourage anyone that has been tagged with graffiti to please file a report with the Fort Smith Police Department).
Abandoned and/or inoperable vehicle(s) may defined as a vehicle which cannot lawfully be driven upon the public streets for reasons including but not limited to being unregistered, wrecked, dismantled, partially dismantled, abandoned, in a state of disrepair, or incapable of being moved under its own power.
NOTE: See Chapter 16 Nuisance Ordinances below.
Trash containers left curb side: Garbage cans, recycling containers, solid waste, and yard waste may not be set out at the street right-of-way for collection before 12:00 noon on the day before collection. Emptied garbage cans, recycle containers and uncollected material exceeding collection standards shall be removed from the street right-of-way no later than midnight the day of collection.
NOTE: See Ordinance 25-268(B) below.
- Regulations for Fencing in Residential Areas addresses the type of fencing and maintenance required in residential areas.
NOTE: See Fencing Ordinance 14-56 below.
- Vehicle Sales at Residential Properties: This ordinance addresses the limitations of vehicle sales on residential properties.
NOTE: See Vehicle Sales ordinance 14-53 below.
CHAPTER 16: NUISANCE ORDINANCES
Sec. 16-1. Order to abate authorized--Generally. After inspection and determination as is set out in section 16-6, the city administrator, or his designated representative, is authorized to order, in the name and by the authority of the city, any owner or occupant, or both, of any real property, subdivided or otherwise, within the limits of the city (1) to cut weeds, grass or dead or dying trees, remove garbage, indoor furniture, mattresses, box springs, tires, appliances, rubbish and other unsightly and unsanitary articles and things, abate all fire and flooding hazards, and to eliminate, fill up or remove stagnant pools of water or any other unsanitary thing, place or condition which might become a breeding place for mosquitoes, flies and germs when any one (1) or more of the above-listed conditions are found to exist on the property or on alleys, utility easements, rights-of-way and/or easements adjoining the property; or (2) repair or secure any building or structure which is determined to be unsightly, unsanitary, unsecured, obnoxious or which constitutes a fire hazard or in other manner is detrimental to the public welfare. (Code 1976, § 18-1; Ord. No. 57-95, § 1, 8-15-95)
Sec. 16-2. Same--Structures. The board of directors is authorized to order, in the name of and by the authority of the city, the repair, removal or razing of all buildings and structures, including but not limited to dwellings, apartment houses, roominghouses, or buildings or structures used as such, which are determined by the city to be unsightly, unsafe, unsanitary, obnoxious or which constitute a fire hazard or in other manners are detrimental to the public welfare. (Code 1976, § 18-2; Ord. No. 57-95, § 1, 8-15-95)
Sec. 16-3. Same--Owners of property liable. Owners or occupants of lands which shall be subject to orders requiring the removal of garbage, rubbish and other unsightly and unsanitary articles and things shall include, but shall not be limited to, owners or occupants of lands which are subject to dumping of trash and litter by unknown parties and owners or occupants of lands which accumulate substantial quantities of litter and trash blown onto such lands from other lands. (Code 1976, § 18-3; Ord. No. 57-95, § 1, 8-15-95)
Sec. 16-4. Care of premises. It shall be unlawful for either the owner or occupant of a residential or nonresidential building, structure or property to utilize the premises of such property for the open storage of any abandoned or inoperable motor vehicle, household appliance or household furniture (regardless of working condition), tires, tools, boxes, tubs, exercise equipment, inoperable lawn equipment, bathroom fixtures, mattresses, box springs, glass, building material, building rubbish or similar items. Additionally, it shall be the duty and responsibility of every such owner and occupant to keep the premises of such property clean and to remove from such premises all such items as listed above, including but not limited to, weeds, dead trees, trash and garbage upon written notice from a building official. (Ord. No. 3-08, § 1, 1-8-08)
Sec. 16-5. Same--Guidelines. In ordering the cutting and removal of weeds, grasses and trees, the authorized department shall proceed by the following guidelines: (1) Except as otherwise provided, all lands, whether or not platted and/or subdivided, which have never been cleared or developed and which remain in their natural state, may be maintained in their undeveloped, natural state, provided that an order authorized by this section may be issued for portions of such property as is necessary to abate vegetation which blocks pedestrian or vehicular vision or traffic, provided further that in the event such lands are put to any use, including but not limited to pasturing for livestock, then such lands shall be maintained as is provided in subsection (2) below, and provided further that any inhabitant of the city may initiate a complaint to the city that a tract of land described in this subsection should be maintained as provided in subsection (2) below. If such complaint is received by the city, an investigation of the subject lands will be made. If the investigation results in a determination that the subject lands, even though such lands remain undeveloped, constitute a substantial health, fire, flooding or aesthetic hazard or detriment to the inhabitants of the city because of the subject lands' close proximity to developed lands, or for other reasons, the city shall order such lands maintained as is provided in subsection (2) below. (2) All lands, except those described in subsection (1) above, shall be maintained so that weeds and grasses thereon shall not exceed (10) inches in height. (3) All lands which lie within the fire zones of the city shall be maintained so that grasses and weeds shall not exceed ten (10) inches in height. (4) The owners and occupants of all lands, other than those described in subsection (1) above, shall maintain all unopened street rights-of-way, easements for utility drainage, walking or other purposes, unopened alleys, and opened alleys other than the portion of same used for vehicular traffic, which adjoin said owners' or occupants' lands so that weeds and grasses shall not exceed ten (10) inches in height. If any such right-of-way, easement or alley is adjoined by the lands of two (2) property owners, then each owner and occupant shall maintain such right-of-way, easement or alley to the midpoint thereof. (5) The owners and occupants of all lands shall remove or cause to be removed all dead or dying trees and dead parts of living trees from such lands when such dead or dying trees or dead parts of trees shall constitute a hazard to personal safety or property due to the imminent possibility of their falling upon or being blown upon public property or property of other owners, or when such trees because of disease or decay constitute a nuisance and/or imminent health threat to other trees located on public property or property of other owners. (Code 1976, § 18-4; Ord. No. 57-95, § 1, 8-15-95)
Sec. 16-6. Inspection required. No order authorized by section 16-1 shall be issued without a thorough inspection of the condition by the staffs of city departments designated by the city administrator as having inspection duties and without a determination by the city administrator, or designated representative, that the existing condition which is ordered to be abated constitutes a substantial health, fire, flooding or aesthetic hazard or detriment to the well-being of the inhabitants of the city. (Code 1976, § 18-5; Ord. No. 57-95, § 1, 8-15-95)
Sec. 16-7. Railroad rights-of-way. All railroad companies operating within the corporate limits of the city shall maintain their rights-of-way at or around any railroad crossing with a public street, alley or other public way free from weeds, grasses, trees, bushes, shrubs and other growing vegetation which may obstruct the view of pedestrians and vehicle operators using the public ways for a distance of one hundred (100) yards in all right-of-way directions from such railroad crossings.All railroad companies shall maintain their rights-of-way so that weeds and grasses thereon shall not exceed tenb (10) inches in height. The city administrator, or designated representative, is authorized to order, in the name and by the authority of the city, any railroad company having a railroad right-of-way within the corporate limits of the city to maintain its rights-of-way as is provided in this section. (Code 1976, § 18-6; Ord. No. 57-95, § 1, 8-15-95)
Sec. 16-8. Issuance, content of order. (a) Any order issued pursuant to sections 16-1 and 16-3 through 16-7 above or pursuant to the currently enacted edition of the International Property Maintenance Code shall be in writing, signed by the city administrator, or his designated agent, and delivered to the owner or occupant of the subject real property, an agent of the owner or occupant or the person in control of the subject real property. The order or notice shall be delivered to one (1) of the aforementioned parties in one (1) of the following two (2) methods: (1) By certified mail, return receipt requested; or (2) By personal delivery by a city officer or employee, who may be but does not have to be an employee of the police department. The order or notice shall state the conditions on the subject real property which are ordered abated, and the order or notice shall advise the deliveree that, if the conditions listed in the order or notice have not been abated within seven (7) days, the city may proceed with a criminal charge pursuant to section 16-12 and shall proceed according to the provisions of this chapter and other valid legislative enactments to abate the listed conditions and that the costs of such action shall be charged to the owner of the subject real property, shall constitute a lien on such property and may be collected as are real property taxes. The order or notice relating to weeds and grass shall further advise the deliveree that the city shall proceed to continually abate the nuisance every thirty (30) days throughout the current growing season and that the costs of such action shall be so charged and collected. (b) In case the owner of any lot or other real property is unknown or the owner's whereabouts are not known or such owner is a nonresident of this state, then a copy of the written notice referred to above shall be posted in a conspicuous place upon the premises. (Code 1976, § 18-7; Ord. No. 57-95, § 1, 8-15-95; Ord. No. 7-07, § 5, 1-16-07)
Sec. 16-9. Inspection; certificate of compliance. Upon request by any owner or occupant of real property or by any person or business entity who has contracted with a property owner or occupant to mow grass and weeds, remove dead trees, remove garbage, rubbish and other unsightly articles, or otherwise perform work required by this chapter, the city shall make an inspection of the cleanup work done by such owner or occupant or such contractor for the purpose of determining whether the lands of such owner or occupant are in compliance with the provisions of this chapter. An inspection fee in the amount established by the board of directors shall be charged per inspection. If, upon inspection, the lands of such owner or occupant are found to be in compliance with the provisions of this chapter, a certificate of compliance shall be issued to such owner or occupant or contractor indicating that, upon the date of inspection, such lands complied in all respects with the provisions of this chapter. (Code 1976, § 18-9; Ord. No. 57-95, § 1, 8-15-95)
Sec. 16-10. Abatement by city; lien. After the order or notice has been delivered or posted pursuant to the provisions of section 16-8 above for a period of seven (7) days, and if the conditions listed in such order or notice shall not have been abated during that period of time, the city administrator is hereby authorized to direct the appropriate city department to take all required actions to abate the conditions listed in the order or notice. The costs and expenses of abating such conditions shall be charged to the owner or owners of such real property, and the city shall have a lien upon such property for such costs and expenses. (Code 1976, § 18-10; Ord. No. 57-95, § 1, 8-15-95)
Sec. 16-11. Collection of city's costs. After reasonable efforts have been made to collect from the owner of the subject real property the costs and expenses incurred by the city in abating the conditions set out in the original order or notice, including any order issued pursuant to section 16-2, the accounts shall be transferred to the office of the city clerk. The city clerk shall make an investigation as to the residence of the owner of the subject property and shall make an affidavit setting out facts as to the owner's address, last-known address, whether or not the owner is a resident or nonresident of the state and, if the owner is a nonresident, setting out the facts as to the unknown address or whereabouts of the nonresident owner. The city clerk may then refer such account, with the affidavit, to the qualified and licensed attorneys at law contracted to provide legal services pursuant to sections 2-111--2-113 of this Code for the purpose of filing an action in chancery court to enforce the lien on the subject property. Before any such lien is enforced by sale of the subject property, all legal notices that are required by the laws of the state shall be given, including, in the case of nonresidents, notice by publication of warning order and notice by attorney ad litem to any nonresident landowner by registered mail addressed to the landowner's last-known place of residence if same can be found. Additionally, the amount of the lien may be determined at a hearing before the board of directors after thirty (30) days' written notice by certified mail to the owner of the property if the name and whereabouts of the owner are known. If the name of the owner cannot be determined, then the amount will be determined only after publication of notice of the hearing in a newspaper having a bona fide circulation in the county where the property is located for one (1) insertion per week for four (4) consecutive weeks. The determination of the board of directors is subject to appeal by the property owner in the chancery court. The amount so determined at the hearing, plus ten (10) percent penalty for collection, shall be certified by the board of directors to the tax collector of the county and placed by the tax collector on the tax books as delinquent taxes, and collected accordingly. The amount, less three (3) percent thereof, when so collected shall be paid to the city by the county tax collector. (Code 1976, § 18-11; Ord. No. 57-95, § 1, 8-15-95; Ord. No. 3-02, § 5, 1-22-02)
Sec. 16-12. Penalties. In the event that the owner or occupant of any real property who is given notice or ordered to abate a condition pursuant to provisions of this chapter shall refuse or fail to so comply with such order or notice within the period of time established for compliance by such order or notice, said owner or occupant shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished as set forth in section 1-9 of this Code, and each day of violation shall be deemed a separate offense. (Code 1976, § 18-12; Ord. No. 57-95, § 1, 8-15-95)
Sec. 16-13. Failure to abate unlawful. To cause, create, permit or cause to occur within the city any nuisance on property owned or occupied by any person, and each day such nuisance is permitted to remain, after notice from the city authorities for the abatement thereof, shall subject the person or persons responsible for the nonabatement of such nuisance to punishment as provided in section 1-9. (Code 1976, § 18-13; Ord. No. 57-95, § 1, 8-15-95)
Sec. 16-14. Regulations, enforcement provisions supplemental. The nuisance regulations and enforcement procedures set forth in this article I of chapter 16 to the Fort Smith Code are supplemental to any other public welfare technical codes (including building, fire, plumbing, electrical and mechanical codes) and the enforcement procedures of such codes. (Ord. No. 57-95, § 1, 8-15-95)
Sec. 16-15. Property owners appeal board. (a) Right of appeal. Any property owner who is ninety (90) days delinquent on the payment of abatement fees as of July 15 of each year shall have the right of review of such matters by the property owners appeal board in accordance with the procedures set forth in subsection (i) below. (b) Establishment. There is hereby established a property owners appeal board in and for the city. (c) Appointment, term of office. The property owners appeal board shall consist of five (5) members. One (1) of the initial members shall be designated as chairman and shall be appointed to a term of one (1) year beginning from the date of appointment; two (2) members shall be appointed for a term of two (2) years; two (2) members shall be appointed for a term of three (3) years. Upon expiration of the term of office of a member of the board, their successor shall be appointed for a term of five (5) years. Any appointee to the board may be reappointed to the board. (d) Chairman. After the expiration of the term of the initial chairman, the property owners appeal board shall select its chairman from among its membership by a majority vote. (e) Powers, duties generally. The property owners board of appeals has the power and authority and is charged with the duty: (1) To review the city ordinances relative to clean up of lands for the purpose of making recommendations to the board of directors concerning amendments thereto. (2) To hear appeals of delinquent property owners charged by the city for abatement costs who feel themselves aggrieved by action of the city. (f) Frequency of meetings. The property owners board of appeals shall meet to hear appeals twice annually during the month of September. The property owners board of appeals may meet on call for the purpose of fulfilling duties other than hearing property owner appeals. (g) Quorum. Three (3) members of the board shall constitute a quorum. To grant an appeal shall require the affirmative vote of three (3) members. (h) Record of proceedings. The city clerk shall attend meetings of the appeal board and keep minutes of said meetings. Such minutes and other records of the appeal board will be considered public records to be maintained in the office of the city clerk. (i) Notice, hearing. After July 15 of each year, the city clerk shall send a notice to all property owners who are 90 days delinquent on abatement charges informing them that said charges are subject to collection through the property taxes of Sebastian County. The notice will include two (2) hearing dates during the month of September at which the property owner may appeal the charges to the appeal board. The appeal board will then make a recommendation to the board of directors on the disposition of each appeal. (j) Appeal to board of directors. Property owners who are 90 days delinquent on July 15 and who remain delinquent as of September 1 of each year will receive written notice from the city clerk of the public hearing before the board of directors in accordance with the provisions set forth in section 16-11 of this Code. (Ord. No. 11-97, §§ 1--9, 4-15-97; Ord. No. 39-09, § 1, 5-19-09)
Sec. 16-16. Graffiti as a public nuisance. (a) Declaration of graffiti as a public nuisance. The city board of directors hereby finds and declares that maintenance of graffiti on public and private properties within public view is obnoxious and constitutes a public nuisance, the abatement of which shall be provided as set forth herein. It is the purpose and intent of this ordinance to provide for a procedure for the prompt abatement and removal of graffiti from public and private buildings, walls and other structures in order to reduce social deterioration within the city and to promote public safety and health. (b) Definition. For the purpose of this section, unless otherwise apparent from the context, certain words and phrases used in this section are defined as follows: (1) Defacement shall mean the intentional altering of the physical shape or physical appearance of property. (2) Graffiti shall mean any painting, marking, symbol, design, inscription or other defacement which is visible from premises open to the public, and which is written, sprayed, painted, dyed, scratched, etched, engraved, placed with an indelible marker or otherwise applied to the real or personal property of another without the prior consent of the owner or person in possession thereof. (3) Indelible marker shall mean any marker, pen or similar implement which contains a fluid which is not soluble in water and has a flat, pointed or angled writing surface. (c) Permitting graffiti to remain prohibited. It shall be the duty of both the owner of the property to which the graffiti has been applied, and any person who may be in possession or who has a right to possess said property, to at all times keep said property clean and free from graffiti. It shall be unlawful to fail to abate graffiti after receipt of notice and within the time permitted by the notice. (d) Notice to owners or possessors of private property. Whenever the city administrator, or his or her designee, determines that graffiti is being maintained upon any premises within the city in violation of subsection (c) of this section, the city administrator or his or her designee, shall send written notice to the owner and possessor of the premises of such condition and shall require that the graffiti be removed. The notice and order shall be sent to the owner as shown on the most recent tax assessment record and a copy shall be posted on the subject property. The notice shall state that the owner and possessor must remove the graffiti within ten (10) days from the date the notice was mailed and posted. (e) Removal. (1) Property owner's consent to remove. At the option of the city, the owners' and possessors' obligations to remove graffiti may be extinguished by any "graffiti removal program" maintained by the city. Whenever the city administrator, or his or her designee, determines that graffiti is located on public or private so that graffiti may be viewed by a person using any public right-of-way, the city administrator, or his or her designee, is authorized to provide for and use public funds previously appropriated for that purpose to remove graffiti upon the following conditions: a. Public property. Whenever the city administrator or his or her designee determines that graffiti exists upon property owned by the city, it shall be removed as soon as possible. When the property is owned by a public entity other than the city, the removal of the graffiti is authorized after securing written consent of the public agency having jurisdiction of the property. b. Private property. Where the subject property is privately owned, the removal of graffiti is authorized after the city administrator, or his or her designee, secures the written consent of the owner of the property and the owner executes a release and waiver approved as to form by the city attorney. c. The graffiti shall be removed as authorized herein, but the removal shall not involve the painting or repair of a more extensive area than is necessary for such removal. (2) Removal by city without consent of property owner. The city administrator or his or her designee may initiate proceedings to abate any graffiti maintained contrary to the provisions of this section only after the following has occurred: a. The city administrator or his or her designee has determined that graffiti within public view exists on particular premises in the city; b. A notice of such condition has been sent to the property owner pursuant to section (d); and, c. The property owner and possessor have failed to remove the graffiti. In an event of removal pursuant to this subsection (e)(2), the city administrator shall pursue collection of the city's cost of abatement from the owner and possessor pursuant to the provisions of Code of Ordinance sections 16-10, 16-11, and 16-15 and other applicable provisions of state law. (f) Permission required. It shall be unlawful for any person to apply graffiti to any wall, rock, street, bridge, building, fence, gate, structure, tree or other real or personal property, either publicly or privately owned, without the permission of the owner, lessee, or grantor of such property. (g) Penalties. Any person convicted of violating the provisions of this section either by applying graffiti or allowing graffiti to remain shall upon conviction be subject to the penalties set forth in section 1-9 of this Municipal Code. (Ord. No. 55-05, §§ 1--3, 7-5-05)
Sec 16-17. Repeated failure to maintain property. It shall be unlawful for any owner or occupant of land repeatedly to allow the land owned or occupied by the person to be in violation of the minimum standards established by sections 16-4, 16-5, and 16-16 of this Municipal Code to the extent that an order or notice of abatement is issued by the city three (3) times in any calendar year. For the purposes of this section, any order or notice of abatement issued by the city which is subsequently determined by the city or by judicial authority to not be validly issued shall not be considered as an instance of order or notice for the purposes of the first sentence of this section. In addition to all other penalties and consequences from the issuance of the third or any subsequent order or notice of abatement pursuant to the provisions of this article in the same calendar year, the owner or occupant to whom such notice is issued shall be deemed guilty of a misdemeanor and shall be subject to the penalties set forth in section 1-9 of this Municipal Code. (Ord. No. 56-06, § 1, 7-18-06)
Chapter 14 Nuisance Ordinances:
VEHICLE SALES AT RESIDENTIAL PROPERTIES
Sec. 14-53. Vehicle sale at residential properties.
(a) City administrator as used herein refers to the city administrator or the designated agent of the administrator.
(b) Vehicle as used herein means any device in, upon or by which any person or property is or may be transported or drawn upon a highway or street, except devices moved by human power or used exclusively upon stationary rails or tracts.
(c) Residentially occupied property as referred to herein means any tract of property, regardless of zoning and platting, on which is located a structure occupied as a residence for one or more persons.
(d) Maintain and offer for sale as used herein means to offer by advertisement, sign or oral statement the sale of a vehicle then maintained or garaged, even temporarily, on a residentially occupied property. A person shall be deemed to maintain and offer for sale a vehicle irrespective of the absence of an ownership interest in the vehicle if the person allows another to maintain and offer for sale a vehicle on the person's residentially occupied property.
(e) It shall be unlawful for any person to maintain and offer for sale more than one (1) vehicle at any time from a residentially occupied property.
(f) It shall be unlawful for any person to maintain and offer for sale more than two (2) vehicles in any calendar year from the same residentially occupied property.
(g) Any person determined to have violated the provisions of this provision shall be deemed guilty of a misdemeanor and, upon conviction, shall be subject to punishment as set forth in section 1-9 of this Code of Ordinances.
(Ord. No. 84-07, § 1, 12-4-07)
PARKING OF COMMERCIAL VEHICLES ON RESIDENTIAL STREETS AND PROPERTIES
Sec. 14-54. Parking of commercial vehicles on residential streets and properties.
(a) Restricted parking. It shall be unlawful to park or leave parked, standing, or unattended any commercial vehicle on any street or right-of-way classified as residential or as a residential collector by the city master street plan or on any property zoned residential or developed or utilized for residential purposes.
(b) Commercial vehicles defined. For the purposes of this section, a commercial vehicle is defined as any of the following:
(1) Any solid waste collection vehicle, truck tractor, truck trailer, or tractor truck/trailer combination, any heavy construction equipment, backhoe, dozer, skid steer,dump truck, concrete mixer truck, garbage truck, pump-out truck, chemical/gasoline truck, fuel or oil truck, or similar vehicle designed to transport waste, hazardous, or noxious materials;
(2) Any vehicle with three or more axles;
(3) Any commercial vehicle that has a gross vehicle weight rating (GVWR) greater than sixteen thousand (16,000) pounds; or,
(4) Any vehicle originally designed to transport sixteen (16) or more passengers including the driver.
(5) Any box or straight truck that has a gross vehicle weight rating (GVWR) greater than eight thousand (8000) pounds. A box or straight truck is one that has a high cubic feet of storage volume with a box or storage container built onto the chassis typically used for hauling appliances, furniture or other cargo. Familiar terms used to describe box or straight trucks include cargo trucks, container trucks and moving trucks.
(c) (1) The provisions of this section shall not apply to any commercial vehicle while making normal deliveries, moving household goods or being used to perform the special operations for which it is designed.
(2) The provisions of this section shall not apply to any commercial vehicle at a legal non-conforming use as defined by section 27-39 of the Fort Smith Municipal Code.
(3) The provision of this section shall not apply to any vehicle designed to transport sixteen (16) or more passengers, including the driver, when associated with a church or school and when located on the church or school property. (Ord. No. 28-08, § 1, 6-17-08; Ord. No. 32-08, § 1, 7-15-08; Ord. No. 47-09, §§ 4--6, 6-23-09)
Sec. 14-55. Parking of recreational and utility vehicles on residential streets and properties.
(a) Recreational and utility vehicles. For the purposes of this section, recreational and utility vehicles are defined as travel trailers, folding tent trailers, motor homes, truck campers removed from a truck or pickup, livestock trailers, boat trailers with or without boats, personal watercraft trailers with or without personal watercrafts and utility trailers. It shall be unlawful to park or leave unattended a recreational and utility vehicle:
(1) On any street or right-of-way classified as residential or as a residential collector by the city master street plan; or
(2) In a front or exterior side yard setback area as defined in chapter 27 of the Fort Smith Municipal Code on any property zoned residential or utilized for residential purposes.
Any recreational and utility vehicle properly parked pursuant to the preceding sentence shall be maintained in a clean, well-kept state which does not detract from the appearance of the surrounding area. At no time shall a parked or stored recreational and utility vehicle be occupied or used as a dwelling unit.
(b) Exemptions. The following exemptions to the provisions of subsection (a) shall apply:
(1) A recreational and utility vehicle may be temporarily parked in the identified building setbacks or in the identified street right-of-way for no more than four (4) days.
(2) A recreational and utility vehicle may be parked under a carport or structure approved by the board of zoning adjustment or that exists as a non-conforming structure as defined in section 27-39(d) of the Fort Smith Municipal Code.
(3) Guests may reside in a recreational and utility vehicle on the host's premises for a period not longer than two (2) weeks in any ninety-day period. The vehicle may be parked in the building setback areas during the two (2) weeks.
(c) Variances. In instances where strict enforcement of the requirements of subsection (a) would cause undue hardship due to circumstances unique to the individual property under consideration, and the granting of such variance is demonstrated to be within the spirit and intent of the provisions of this ordinance, the property owners appeals board may grant a variance of the requirements of the section according to the following guidelines:
(1) Upon the showing required by (2) below, the property owners appeals board may modify the requirements of subsection (a) to the extent deemed just and proper so as to relieve such hardship, provided that such relief may be granted without detriment to the public interest.
(2) When the applicant can show the property was acquired in good faith and where by reason of the exceptional narrowness, shallowness, size or shape of a specific piece of property, or where by reason of exceptional topographic conditions or other extraordinary situation or condition of the piece of property, the strict application of the provisions of subsection (a) would prohibit or unreasonably restrict the use of the property, and the property owners appeals board is satisfied that the granting of a variance would alleviate a hardship, as distinguished from a special privilege or convenience sought by the applicant, such variance may be granted; provided that all variances shall be in harmony with the intended purpose of this section.
(3) Any party owner aggrieved by the property owners appeals board in granting or denying a variance may appeal the decision to the court of jurisdiction within thirty (30) days of the property owners appeals board's decision. (Ord. No. 33-08, § 1, 7-15-08) Secs. 14-56--14-60. Reserved.
FENCING REGULATIONS ON RESIDENTIAL PROPERTIES
Sec. 14-56. - Fencing on residential properties.
(a)Fence. For the purposes of this section, a fence is defined as a tangible barrier constructed of any allowable material erected to enclose, screen, or separate areas. On properties zoned or developed for residential purposes, allowable fencing materials shall include wood, metal tubing or wrought iron, stone, masonry and chain link. Vinyl or fiberglass composite materials may be utilized if the materials is listed, designed, and constructed for fencing materials. Fencing material on property zoned or developed for residential purposes shall not use rope, string, wire products including but not limited to chicken wire, hog wire, wire fabric, barbed wire, razor ribbon wire and similar welded or woven wire fabrics, chain, netting, cut or broken glass, paper, metal panels, corrugated metal panels, galvanized sheet metal, plywood, tarps, fiberglass panels or plastic panels or any other materials that are not manufactured specifically as fencing materials.
(b) Exemptions. The following exemptions to the provisions of subsection (a) shall apply:
(1) A fence may be constructed of barbed wire if the property to be fenced is at least one (1) acre in area and utilized for keeping of large domestic animals as identified in section 27-701-2 of the Unified Development Ordinance.
(2) Any non-conforming fence in existence at the time of the adoption of this division shall be given six (6) months to comply with these provisions.
(c)Variances. In instances where strict enforcement of the requirements of this section would cause undue hardship due to circumstances unique to the individual property under consideration, and the granting of such variance is demonstrated to be within the spirit and intent of the provisions of this section, the property owners appeals board may grant a variance of the requirements of the section according to the following guidelines:
(1) Upon showing required by (2) below, the property owners appeals board may modify the requirements of subsection (a) to the extent deemed just and proper so as to relieve such hardship, provided that such relief is capable of being granted without detriment to the public interest.
(2) When the applicant can show the property was acquired in good faith and whereby reason of extraordinary situation or condition the strict application of subsection (a) would prohibit or unreasonably restrict the use of the property, and the property owners appeals board is satisfied that the granting of a variance would alleviate a hardship as distinguished from a special privilege or convenience sought by the applicant, such variance may be granted; provided that all variances shall be in harmony with the intended purpose of this section.
(3) Any property owner aggrieved by the property owners appeals board in granting or denying a variance may appeal the decision to a court of competent jurisdiction within thirty (30) days of the property owners appeals board's decision.
(Ord. No. 7-11, § 1, 2-3-11)
CHAPTER 25-268(b) TRASH CONTAINERS LEFT CURBSIDE
Sec. 25-268. Protection of property. (a) It shall be unlawful for any person to sweep, blow, throw or otherwise deposit or cause to be swept, blown,thrown or otherwise deposited any garbage, leaves, grass or weed clippings, or litter into or on any public street, ditch, culvert, alley, sidewalk, park or the property of another person or property which is in the possession of another person within the corporate limits and police jurisdiction of the city or to permit any garbage or litter to accumulate in such manner that it may be carried and deposited into or on any of the above places by action of the rain, wind, or snow.
(b) For properties where the land use is residential, garbage cans, recycling containers, solid waste, and yard waste may not be set out at the street right-of-way for collection before 12:00 noon on the day before collection. Emptied garbage cans, recycle containers and uncollected material exceeding collection standards shall be removed from the street right-of-way no later than midnight the day of collection. The provisions of this subparagraph (b) do not apply to alley rights-of-way. (Code 1976, § 14-8; Ord. No. 89-99, § 15, 12-21-99; Ord. No. 82-04, § 1, 12-7-04)