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ORDINANCE NO.2019-11-01 AN ORDINANCE TO AMEND VARIOUS PROVISIONS OF THE BATESVILLE ZONING CODE; TO ADD A DEFINITION; TO CLARIFY ZONING DISTRICTS IN WHICH A CERTAIN USE IS PERMITTED CONDITIOANLLY; AND FOR OTHER PURPOSES. WHEREAS,the Batesville Planning Commission determined that the Batesville Zoning Code needs an additional definition to clarify that certain residential uses that are accessory to a primary business or industrial use may be permitted conditionally in certain zoning districts; and, WHEREAS,the Batesville Planning Commission has prepared recommendations to improve the clarity of the Batesville Zoning Code and conducted a properly advertised public hearing on November 4, 2019;and, WHEREAS,the Batesville Planning Commission voted at its regularly scheduled meeting on November 4,2019 to recommend that the City Council amend the Batesville Zoning Code to conditionally permit certain residential uses within Community Commercial(C-1)zoning districts as necessary and appropriate to the development of the city. 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. Definitions The following definition is inserted into the Batesville Zoning Code at 14.02.02, between"Lodging Room"and"Manufactured Home" Manaizer/Caretaker Residence. The facility,where permitted in any commercial, industrial or planned development zoning district, serving as permanent family living quarters in a motel/hotel, business or special area for the purposes of managing the grounds and buildings and/or for security purposes. Such facility must clearly be accessory to the primary commercial or industrial use and occupied solely by an owner or employee of the business or industry to which it is accessory. It may be either attached or detached,but in no case may it exceed fifty percent(50%)of floor area of the primary use of the property, or twelve-hundred(1,200)square feet,whichever is less. Section 2. Conditional Use Added Add the following at 14.07.02.B. 6. Motel Manager/Caretaker Residence IF ANY PORTION OR PORTIONS OF THIS ORDINANCE ARE DEEMED OR HELD TO BE INVALID,SUCH INVALIDITY SHALL NOT AFFECT THE REMAINING PORTION OR PORTIONS OF THIS ORDINANCE. EMERGENCY CLAUSE: Where as it is necessary to affect the public peace, health, safety and welfare and the orderly administration of Batesville City Codes, an emergency is hereby declared to exist and this Ordinance shall be effective from and after its passage. IT IS SO ORDAINED. IN WITNESS WHEREOF,we have set our hands this 12th, day of November, 2019.