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ORDINANCE NO.-9n.1 AN ORDINANCE TO AMEND VARIOUS PROVISIONS OF THE BATESVILLE ZONING CODE; AND FOR OTHER PURPOSES. WHEREAS,the Batesville Planning Commission has determined, in consultation with the Chamber of Commerce and other interested parties that a potential exists for food courts within the City; and, WHEREAS, the Batesville Planning Commission concluded that revisions to the Zoning Code would be necessary and appropriate to clarify where mobile food vendors could locate at a group location and the site criteria to protect the public interest in the location and operation of such activities;and, WHEREAS,the Batesville Planning Commission,after conducting a public hearing on October 2,2017, has voted at its regular meeting on November 6, 2017, to recommend that certain items in Title 14 of the Batesville Municipal Code be revised. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE,ARKANSAS THAT THE FOLLOWING CHAPTERS OF THE BATESVILLE ZONING CODE ARE HEREBY AMENDED AS FOLLOWS: Section 1. Definitions Add a new definition to 14.02.02 after"Marquee or Canopy" Mobile food court. A parcel of land where two or more mobile food vehicles congregate to offer food or beverages for sale to the public as the principal use and permanent use of the land. This definition shall not be interpreted to include a congregation of mobile food vehicles as a secondary,accessory, and/or temporary use on existing commercially developed or zoned properties. Section 2. Mobile Food Courts Insert a new section to Chapter 14.05 14.05.10. Mobile Food Courts A. Application Requirements Property owner may apply to the Code Enforcement Office on such form or forms as may be required to confirm compliance with the standards herein. An application shall include a detailed site plan of the proposed food court, showing the location and dimensional relationships of property lines,all proposed mobile vendor locations, setbacks, vehicle parking, sidewalk location, and proposed dining or sitting areas. B. Location Requirements 1. Mobile food courts may locate only in those zoning districts where permitted by right. 2. No mobile food court may locate within 50 feet of an existing restaurant. 3. Each mobile food court shall be located at least 150 feet from any one or two fain ily use or one or any residential zoning district, measured from property line to property line. C. Site Development Standards I. All setback requirements in the underlying zoning district shall be adhered to.No mobile food unit, structures associated with the mobile food court, nor any associated seating areas shall be located in a required zoning setback, buffer yard,access easement, drainage easement, floodplain,driveway, utility easement and/or fire lane(s);