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Home My WebLink About2013-09-01 ORDINANCE NO.2013-i--1— AN ORDINANCE TO AMEND VARIOUS PROVISIONS OF THE BATESVILLE ZONING CODE; TO ENHANCE COMMERCIAL BUILDING DESIGN IN C-1 ZONING DISTRICTS; TO ESTABLISH A PERMITTING PROCESS FOR DESIGN STANDARDS FOR COMMERCIAL FACADES; TO PROVIDE AN APPEALS PROCESS FOR DETERMINATIONS; AND FOR OTHER PURPOSES. WHEREAS,the appearance of commercial structures is important to promoting a positive and quality image of the City of Batesville;and, WHEREAS,the lack of standards to promote quality construction and enforcement authority to regulate such standards may lead to the construction of buildings of poor visual quality;and, WHEREAS,the Batesville Planning Commission has prepared recommendations to provide such guidance,and conducted a properly advertised public hearing on June 24, 2013; 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. Commercial Building Design in the Commercial Community(C-1)Zoning District Revise Section 14.07.03,as follows: 14.07.03. Commercial Building Design in the Commercial Community [C-1)Zoning District A. Purpose The purpose of this section is to create a framework for ensuring that the design of commercial buildings will either meet minimum design standards adopted by the community or be subject to public review by the Planning Commission. This section further seeks to maintain good civic design and arrangement within the commercial corridors and neighborhoods of the city, thereby assuring a desired aesthetic environment and a stable economic environment. It is the intent of this section to promote the development of commercial buildings that: 1. Are designed to be in visual harmony with buildings either in the same vicinity or along the same commercial corridor; 2. Express individual design and creativity without detracting from the visual environment to the point that at which the values of adjoining properties will be negatively recognized. 3. Are appropriate to the context in which they are located;and 4. Generally do not detract from the aesthetics of the location,area,and community as a whole. B. Procedures for Obtaining a Building Permit 1. Persons desiring to obtain a building permit for the construction of a new building or the renovation or expansion of an existing building may do so by choosing one of the following two options. a. Option 1: Applicants who meet all of the following conditions may apply for a Standard Commercial Building permit through the normal administrative procedures. 1) The design of the building conforms to the design standards outlined in subsection D. below;and, 2) The footprint of the primary building does not exceed, in square footage, that of primary buildings on adjoining properties by more than fifty percent(50%); and, 3) The primary building is not more than two(2) stories in height. b. Option 2: Applicants who do not meet the specifications above must submit an application for a Non-Standard Commercial Building Permit no less than ten (10) days before the next planning commission meeting. The application shall contain the following, as a minimum: 1) All information required for a standard commercial building permit; and, 2) Front and side elevations of all structures; and, 3) Materials list for front and side facades, roof structures, and trim; and, 4) Any other material supporting the proposed design of the building. C. Review of Building Permits for Non-Standard Commercial Buildings The Planning Commission shall review the proposed design during the next Commission meeting and allow public review of and comment on the proposed design. Public comments shall be allowed although an advertisement for a public hearing is not required. The Commission shall authorize the Code Enforcement Officer to issue a building permit only after reviewing the proposed submittal and determining: 1. The proposed design represents an innovative use of non-standard building materials to the extent that it is in harmony with the visual aspects of the location, area, and community as a whole; and, 2. No discernible public benefit would be gained by requiring an alternative design; and, 3. The size and bulk of the proposed building is comparable to other buildings within the immediate area; and, 4. The proposed construction meets the spirit and intent of this section of the zoning code. D. Design Standards Adherence to the following standards shall qualify a proposed structure as a Standard Commercial Building. 1. The finished fagade of front visible side of the building shall be composed of acceptable building materials. This includes any side of the building that fully faces a public street or the front of a building facing any other fire apparatus access lane that is also used for public access. The visible side of the building shall mean the forward eight feet of any side perpendicular to a street and all of a side or an angle of less than ninety degrees(90°) as measured from the street or fire apparatus access lane to the side of a building. Acceptable building materials for the affected portions of buildings as defined in this section shall include: a. Exterior Insulation Finish Systems (EIFS) b. Brick c. Architectural concrete block to the exclusion of precision concrete blocks. d. Glass e. Pre-Cast Concrete f. Native Stone g. Wood h. Tile i. Stucco 2. The building plans shall designate one fagade of the building as the "front" of the building and this fagade shall have windows and doors comprising no less than 15 percent of its total square footage. 3. The vertical plane of the side designated as the front of the building shall not be completely flat but shall be broken vertically in at least one location by a minimum of a one-foot differential in the vertical plane for each 50 feet of horizontal surface or a minimum of one time. This requirement may be met by a recessed or extended entrance. 4. The front entrance to the building shall be covered and well articulated and shall not consist solely of a door opening into a flat vertical plane. 5. The building does not exhibit a metal mansard roof or metal parapets around the roof. 6. Roofs may be of metal. 7. Accent trim on roofs, windows and doors may be of metal or wood. 8. There shall be no illustrative designs on any visible fagade material. 9. In general the building shall not represent a simple box like structure or resemble a temporary or portable building. 10. Mechanical equipment, whether ground-mounted or roof mounted on any portion of a commercial building must be placed or screened in such a manner that it is not visible from the street. 11. Dumpsters or other trash receptacles shall be enclosed on at least three (3) sides by an enclosure of a height which completely conceals the dumpster or receptacle. The open side of the enclosure shall be placed adjacent to the parking area and away from adjoining property. E. Exempted Structures Renovations: Any proposed renovation or expansion of a commercial building estimated to cost in excess of fifty percent(50%) of the replacement cost of the building or to replace fifty percent(50%) of the front fagade of the structure shall be subject to the requirements of this section. Renovations estimated to cost less than fifty percent(50%)of the replacement cost are exempted from this section. F. Appeals 1. From a Decision of the Code Enforcement Officer If an applicant disagrees with a determination by the Code Enforcement Officer that the proposed building design is Non-Standard, such determination may be appealed to the Planning Commission. The appeal shall be in writing, submitted to the chairman of the Commission within thirty (30) days of the determination, providing detailed evidence as to why the applicant believes the determination to be in error. The Commission shall hear such appeal at its next scheduled meeting and either affirm or reverse the determination of Code Enforcement Officer. The applicant shall be notified in writing within ten (10) days of the Commission's decision. An affirming decision may be appealed to the City Council, consistent with the procedure defined in subsection F.2. below. 2. From a Decision of the Planning Commission. When the Commission does not approve the design of a Non-Standard Commercial Building or affirms a determination of the Code Enforcement Officer, the applicant may appeal the decision to the City Council, provided that such appeal is filed in writing to the Mayor's Office within ten (10) days of the Commission meeting at which time the design was denied or determination affirmed. Such appeal shall include reasons detailing why the Commission's denial is not in keeping with the intent of this section or affirmation is in error. The appeal will be placed on the Council agenda no less than sixty (60)days after submission. 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. IT IS SO ORDAINED. IN WITNESS WHEREOF, we have set our hands this /0, day of '2013. APPROVED: RICd GH, MAYOR ATTEST: DENISE JOHNSTO79, CLERK APPROVED AS TO LEGAL FORM: Lindsey Castleberry, City Attorney