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ORDINANCE NOjCQ10 ^ / I-01 AN ORDINANCE TO AMEND VARIOUS PROVISIONS OF THE BATESVILLE ZONING CODE; AND FOR OTHER PURPOSES. WHEREAS,the Batesville Planning Commission, after conducting a public hearing on November 2,2015, has voted to recommend that certain items in Title 14 of the Batesville Municipal Code be revised; and, WHEREAS,the Batesville Planning Commission has determined that said proposed amendments to the zoning code would further the goals of the Comprehensive Plan to diversify housing choices as well as encouraging the development of additional housing both within and adjacent to downtown. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE,ARKANSAS THAT CHAPTER 14.07 OF THE BATESVILLE ZONING CODE IS HEREBY AMENDED AS FOLLOWS: Section 1.Residential Uses Permitted by Right and Conditionally in the T-1 Traditional Business District Revise Section 14.07.01.A. by adding the following: 18. Residential apartments above the first floor of a commercial structure Revise Section 14.07.01.13. as follows: 1. Ground floor apartments,provided that they use no part of the front portion of the ground floor space which must be used by or available for commercial use. Section 2. Parking Standards for Residential Uses in the T-1 Traditional Business District Revise Section 14.10.04.A. as follows: 3. Multi-family residence.Two(2)parking spaces per dwelling unit, subject to the requirements and exceptions at Section 14.10.06.D. Add a new Section 14.10.06.D. as follows: D. Parking Requirements. 1. The owner or developer of apartment units in the T-1 District shall provide a minimum of two(2)on-site or off-site,off-street parking spaces per dwelling unit, and provide evidence that such parking is dedicated or clearly available to apartment occupants. 2. The Enforcement Officer may grant a waiver to the requirement for two(2)parking spaces per unit,provided that: a. The number of spaces per unit is no less than one(1); b. The owner or developer requests such a waiver in writing, providing clear and convincing evidence that reducing the required number of spaces per unit will not adversely affect on-street parking availability for commercial uses in the area. IF ANY PORTION OR PORTIONS OF THIS ORDINANCE ARE DEEMED OR HELD TO BE INVALID,SUCH INVALIDITY SHALL NOT EFFECT THE REMAINING PORTION OR PORTIONS OF THIS ORDINANCE. IT IS SO ORDAINED. IN WITNESS WHEREOF, we have set our hands this /V't�day of 015.