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ORDINANCE NO — (3, AN ORDINANCE TO AMEND VARIOUS PROVISIONS OF THE BATESVILLE ZONING CODE; AND FOR OTHER PURPOSES. WHEREAS,the Batesville Planning Commission became aware of concerns by local businesses that the standard parking requirements of the Batesville Zoning Code were not always sensitive or appropriate to the unique parking circumstances of individual businesses; and, WHEREAS,the Batesville Planning Commission concluded that revisions to the code were necessary and appropriate to provide alternatives to standard commercial parking requirements and still protect the public interest in regulating such activities; and, WHEREAS,the Batesville Planning Commission, after conducting a public hearing on March 5, 2018,has voted at its regular meeting on March 5, 2018,to recommend that certain items in Title 14 of the Batesville Municipal Code be revised; and, WHEREAS,the Batesville City Council concurs in the recommendation of the Planning Commission and agrees that flexibility in parking standards is appropriate and conducive to a positive business climate. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE,ARKANSAS THAT CHAPTER 14.10 OF THE BATESVILLE ZONING CODE IS HEREBY AMENDED AS FOLLOWS: The following new sections are added to Chapter 14.10 of the Batesville Zoning Code to read as follows: 14.10.07. Waiver of Standards 1. Applicants who wish to provide parking that is different in any respect from the design requirements of Sections 14.10.02 -04 shall submit specific documentation, as part of the permit procedure, which provides a detailed explanation of and justification for the reasons for a departure from said design requirements. Such explanation shall, at a minimum, provide an explanation of a. The number of spaces proposed, if different from the standards of Section 14.10.04, with a justification that reasonably anticipates the number needed for normal operations or use, and, in the case of commercial uses, is sufficient to meet the likely demands of peak or near peak use; b. The likely impact of the proposed parking arrangement on traffic flows; c. The proposed type of surface(s)will not adversely affect adjacent properties or streets in any way. 2. The Enforcement Officer will conduct a technical review of the proposed design,with the advice of the City Engineer and such other departments as is deemed advisable. The Enforcement Officer may deny the requested waiver, or grant a waiver, in whole or in part, from the strict adherence to the standards of Sections 14.10.02-04 only if it is determined that such waiver would: a. Not adversely affect nearby properties; and b. Is consistent with the spirit and intent of this Code;and c. Not create a conflict with any other City ordinance,regulation or policy.