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ORDINANCE NO. �0 �-5-I • AN ORDINANCE TO AMEND VARIOUS PROVISIONS OF THE BATESVILLE ZONING CODE; TO REGULATE MOBILE HOME PARK; TO SET THE MINIMUM SIZE OF NEW PARKS; TO DEFINE NON-CONFORMITY OF EXISTING PARKS; AND FOR OTHER PURPOSES. WHEREAS,the current minimum size required for the development of a mobile home park in the City of Batesville is currently five(5)acres; and, WHEREAS, such a large acreage requirement makes it difficult if not impossible to meet the goal of providing increased affordable housing; and, WHEREAS,there is confusion and inconsistent enforcement as to the circumstances under which units can be replaced within existing mobile home parks which are considered"non-conforming" because they did not meet code requirements adopted after their creation;and, WHEREAS,there is a need to clarify the criteria and process for replacing units within existing mobile home parks that is sensitive to the economic realities of park owners,yet advances the goals of the City of Batesville for quality affordable housing; and, WHEREAS,the Batesville Planning Commission has prepared recommendations to improve the Batesville Zoning Code and conducted a properly advertised public hearing on February 6,2012 , NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE,ARKANSAS THAT THE BATESVILLE ZONING CODE IS HEREBY • AMENDED AS FOLLOWS: Section 1. Minimum Area Revised Section 14.06.04.A.2. to read as follows: 2. The minimum area for a mobile home park shall be two(2)acres. Section 2. Non-Conforming Use Standards Insert the following new section 14.11.07. as follows: 14.11.07 Mobile Home Parks Any mobile home park which existed lawfully prior to the adoption of this Code or any amendments thereto, or which is included in an area annexed into the City, but which does not meet the standards of Section 14.06.04 herein, is considered a non-conforming use. Such use may be continued, provided that: 1. No existing unit may be replaced by a mobile home, as defined in section 14.02.02; 2. No unit may be replaced, nor any unit added, in any mobile home park that does not meet the minimum area as required at section 14.06.04.A.2 of this Code. 3. The number of units in the park may not exceed the number of units for which the park was originally designed, or the density standard of section 14.06.04, whichever is higher. • However, whenever a lot in a park remains vacant for at least one year,the total number of lots which may be occupied thereafter shall be reduced by the area of such vacated lot, provided that the park shall not be required to reduce its density lower than the standard provided at 14.06.04.B.