HomeMy WebLinkAbout2014-04-01 ORDINANCE NO. 2014-Q�f-01
AN ORDINANCE TO AMEND VARIOUS PROVISIONS OF THE BATESVILLE ZONING
CODE; TO ADD DEFINITIONS; TO CLARIFY ZONING DISTRICTS IN WHICH CERTAIN
USES ARE PERMITTED; AND FOR OTHER PURPOSES.
WHEREAS,the Batesville Planning Commission determined that the Batesville Zoning Code
needs additional definitions to clarify certain uses that have located,or might someday locate, in the city
and whether such kinds of uses should be permitted 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 March 10,
2014, and
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 definitions are inserted into the Batesville Zoning Code at 14.02.02:
1. Insert between the definitions of"Apartment" and "Automobile Repair"
Assisted Livin- Fp acility. Residences primarily, but not exclusively, for the elderly that provide
rooms, meals, personal care, and supervision of self-administered medication. They may
provide other services, such as recreational activities, financial services, and transportation.
2. Insert between the definitions of"Basement" and 'Block"
Bed and Breakfast. Overnight accommodations and a morning meal in an owner-occupied
dwelling unit provided to transients for compensation. This differs from rooming or boarding
houses in that guests rarely stay more than several days.
3. Replace the current definition of"Child Care Facility" with the following:
Child Care Facility. A facility providing care and supervision on a daily basis for children not
related by blood, adoption, or marriage to the person maintaining the facility, usually from
newborn to age thirteen. Such facilities may also be known as daycare and are open for set
hours,and may or may not be subject to the licensing requirements of the Arkansas Department
of Human Services.
4. Insert between the definitions of"Child Care Facility" and "Clinic, Medical or Dental'
Church. A building or structure, or groups of buildings or structures,that by design and
construction are primarily intended for conducting organized religious services and associated
accessory uses. Associated uses may include classrooms, meeting rooms, day-care,counseling,
homeless shelters and kitchens capable of serving large groups. Where churches are permitted,
multiple uses of such facilities are allowed, so long as they are clearly incidental and
supplementary to the religious purposes of the facility.
5. Insert between the definitions of"Commercial or Business Use"
Comprehensive Plan. A long range plan intended to guide the growth and development of the
City of Batesville, including the alignment and classification of major transportation links, land
uses, location of public facilities, and development goals. Adopted and updated periodically by
the Planning Commission and City Council.
6. Insert between the definitions of"Condominium" and "Drive-in Type Uses"
Convenience Store. Any retail establishment offering for sale prepackaged food products,
household items, newspapers and magazines, and sandwiches and other freshly prepared foods,
such as salads or pizzas, primarily for off-site consumption.
7. Insert between the definitions of"Garage, Public" and "Historic Structure"
Halfway House. A facility or structure designed and operated to house persons who have been
recently released from a correctional or rehabilitation facility, but are required to receive
supervision and counseling prior to being released fully into society. Such facilities may be
operated by for-profit, non-profit entities or by a public agency and may house either persons
with or without any criminal record.
8. Insert between the definitions of"Historic Structure" and "Hospitals or Sanitarium"
Homeless Shelter. A facility providing temporary housing for homeless persons. Such
facilities are distinguishable from various types of emergency shelters set up in response to
emergency situations such as tornadoes, flooding, excessive heat or cold, etc. A facility
designed to provide shelter to homeless persons may provide referrals to various services or
support agencies, or may provide such services directly to the homeless population. A shelter
may provide meals to occupants.
9. Replace the current definition of"Modular Home" with the following:
Modular Home. Standardized units other than mobile homes as defined above which shall
meet the Arkansas State Fire Code are acceptable in the R-1 and R-2 districts.
10. Replace the current definition of"Retirement Home" with the following:
Retirement Home. See Assisted Living Facility
11. Insert between the definitions of"Sign,Flashing" and "Street"
Story. That portion of a building included between the surface of any floor and the surface of
the floor next above it, or if there is no floor above it, then the space between the floor and the
ceiling next above it.
12. Insert between the definitions of"Travel Trailer or Motor Home" and "Warehousing"
Variance. A departure from the literal provisions of this code relating to setbacks, yards,
frontage requirements,and lot size that, if applied to a specific lot, would significantly interfere
with the use of the property.
Section 2. Permitted Uses
The following revisions are made to Permitted Uses, Conditional Uses, and Prohibited Uses:
1. Section 14.06.01.B. Conditional Uses is revised by adding the following:
3. Bed and Breakfast
2. Section 14.06.01.C. Prohibited Uses is revised by adding the following:
4. Convenience Store
5. Halfway House
6. Homeless Shelter
3. Section 14.06.02.B. Conditional Uses is revised by adding the following:
3. Bed and Breakfast
4. Sections 14.06.02.C. thru H. are renumbered to 14.06.02.D. thru I., respectively
5. A new section is inserted as follows:
14.06.02.C. Prohibited Uses
1. Convenience Store
2. Halfway House
3. Homeless Shelter
6. Section 14.06.03.A. is revised by adding the following:
17. Bed and Breakfast
7. Section 14.06.03.B. is revised by adding the following:
8. Halfway House
9. Homeless Shelter
8. Section 14.07.0I.B. is revised by adding the following:
2. Bed and Breakfast
3. Convenience Store
4. Halfway House
5. Homeless Shelter
9. Section 14.07.01.C. is revised by adding the following:
2. Child Care Facility
10. Section 14.07.02.A. is revised by adding the following:
16. Convenience Stores
17. Halfway House
11. Section 14.07.02.B. is revised by adding the following:
2. Bed and Breakfast
3. Child Care Facility
4. Homeless Shelter
12. Section 14.08.01.A. is revised by the adding the following
8. Homeless Shelter
13. Sections 14.08.0l.B. thru E. are renumbered 14.08.0l.C. thru F., respectively.
14. A new section is inserted as follows:
Section 14.08.01.C. Conditional Uses
1. Convenience Store
2. Halfway House
15. Sections 14.08.02.B. thru E. are renumbered 14.08.02.C. thru F., respectively.
16. A new section is inserted as follows:
Section 14.08.02.C. Conditional Uses
1. Convenience Store
2. Halfway House
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 Pt day of 2014.
APPROVED:
RICK ELI
ATTEST: .
DvEENISE JOHNSTON, CLIXK
APPROVED AS TO LEGAL FORM:
Lindsey Castleberry, City Attorney