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HomeMy WebLinkAbout2001-06-01 l I ORDINANCE NO. rib I- �- • AN ORDINANCE AMENDING THE CITY OF BATESVILLE ZONING CODE SECTION VIII - COMMERCIAL DISTRICTS, SUBSECTION I - CHANGE DESIGNATION OF C-1 CENTRAL BUSINESS DISTRICT TO T-1 TRADITIONAL BUSINESS DISTRICT, SUBSECTION II - CHANGE DESIGNATION OF C-2 COMMERCIAL COMMUNITY TO C-1 COMMERCIAL COMMUNITY, SUBSECTION III - CHANGE DESIGNATION OF C-3 COMMERCIAL NEIGHBORHOOD TO C-2 COMMERCIAL NEIGHBORHOOD, ADDING MINOR REVISIONS TO THE LIST OF PERMITTED USES IN EACH SUBDIVISION, AND FOR OTHER PURPOSES: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS: Section 1: That Section VIII shall read as follows: I. T-1 TRADITIONAL BUSINESS DISTRICT This District provides a central area for the sale of retail goods and services required by residents of the City and/or The Trade Area. A. PERMITTED USES Unless otherwise provided in this code, no building or land shall be used and no building shall be erected, converted, enlarged or structurally altered in the T-1 Traditional Business District except for one or more of the following uses: The provisions of this section or title shall be held to be the minimum requirements for the promotion of the public health, safety, morals and general welfare. In every case, the Planning Commission shall be granted flexibility in review and recommendation. 1. Retail establishments providing goods and services such as clothing, grocery, drug, hardware, variety stores and similar uses. 2. Offices (public or private) 3. Banks and other financial institutions, including drive-in or drive- through types. 4. Wholesale and warehouse, incidental to primary use. 5. Automotive sales, service, repair, and storage. 6. Theaters, places of public assembly and any public recreational uses. 7. Parking lots. (See Section XI) ® 8. Garages and gasoline service stations subject to the following provisions: a. Pumps, lubricating or other devices are located at least twenty (20) feet from any street right-of-way. b. All bulk fuel, oil or similar substances are stored at least thirty-five (3.5) feet distant from any street or lot line and r - v..•w!. uv ui i V.gr"vuYi.... c. All automobile parts, dismantled vehicles and similar articles are stored within a building. 9. Accessory structures and uses are incidental to the permitted uses and are not detrimental to the adjacent properties or character of the district. 10.Motels / Hotels and lodging houses. 11.Eating establishments, including drive-in types. 12.Funeral homes. 13.Hospitals and nursing homes. 14.Temporary buildings for construction purposes for a period not to exceed the completion date of such construction. 15.Churches. B. CONDITIONAL USES The following may be allowed by Conditional Use Permit in accordance with the provisions of Section XIII: 1. Apartments, when the Commission finds they do not use ground floor space, except entry or exit, and do not interfere with the commercial nature of the neighborhood and do provide adequate parking. C. YARD AREAS 1. Front Yard: None Required. 2. Side Yard: None Required. 3. Rear Yard: Minimum twenty (20) feet from property line or center of alley where one exists. • D. HEIGHT LIMITATION — No restriction. E. VISION CLEARANCE — On any corner lot, no walled fence, sign or other structure or plant growth which does not conform to downtown style or of a type which would interfere with traffic visibility shall be permitted higher than three (3) feet above curb level within fifteen (15) feet of the intersection of the street right-of-way lines. F. Should a structure be destroyed by any means, it may be reconstructed to the previous building lines. II. C-1 COMMERCIAL COMMUNITY This District provides space for retail activities and services. A. PERMITTED USES The provisions of this section or title shall be held to be the minimum requirements for the promotion of the public health, safety, morals, and general welfare. In every case, the Planning Commission shall be granted flexibility in review of the recommendation. ® 1 . Retail establishments providing goods or services. 2. Office buildings and uses. 3. Garages and gasoline service stations subject to the following provision: a. Pumps, lubricating or other devises are located at least vvEiiiy (w feet from any str et or highway right-of-way. b. All automobile parts, dismantled vehicles and similar articles are stored within a building. c. All bulk fuel, oil or similar substances are stored at least thirty-five (35) feet distant from any street or lot line. ® 4. Accessory uses that are incidental to the permitted uses that are not detrimental to the adjacent properties or the character of the District. 5. Eating establishments, including drive-in, "drive-through, carry-out" restaurants. 6. Banks and other financial institutions, including drive-through type. %0 7. Temporary buildings for construction purposes for a period not to exceed the completion date of such construction. 8. Churches. 9. Funeral Homes. 10.Motels / Hotels and lodging houses. 11.Automobile sales, services, repair, and storage. 12.Theaters, places of public assembly and any public recreational uses. 13.Parking lots. (See Section XI) 14.Hospitals and nursing homes. B. CONDITIONAL USES The following may be allowed by Conditional Use permit in accordance with the provisions of Section XIII: 1. Drive-in type uses. C. LOT SIZE Every principal permitted use hereafter erected or located in the C-1 District shall be a lot area of not less than ten thousand (10,000) square feet with a minimum width at the established building line of eighty • (80) feet. D. YARD AREAS No building shall be erected or enlarged unless the following setbacks are provided and maintained in connection with such building, structure or enlargement: 1. Front Yard: Twenty (20) feet from the front property line. (Any yard adjoining a street shall be considered a front yard.) 2. Side Yard: None Required. 3. Rear Yard: Twenty (20) feet from the rear property line or center of alley where one exists. E. HEIGHT LIMITATIONS No restriction. F. VISION CLEARANCE On any corner lot, no walled fence, sign or other structure or plant ® growth of a type which would interfere with traffic visibility shall be permitted higher than three (3) feet above the curb level within fifteen (15) feet of the intersection of the street right-of-way lines. III. C-2 COMMERCIAL NEIGHBORHOOD This district provides space to supply the frequent shopping needs of the residential neighborhoods but, at the same time, preserve to a maximum the residential character of the neighborhoods served. A. PERMITTED USES ® Unless otherwise provided in the code, no building or land shall be used and no building shall be erected, converted, enlarged or structurally altered in the C-2 Commercial Neighborhood District except for one or more of the following uses: • The provisions of this section or title shall be held to be the minimum requirements for the promotion of the public health, safety, morals and general welfare. In every case, the Planning Commission shall be granted flexibility in review and recommendation. 1 . Bakeries (retail). 2. Barber shops. 3. Beauty parlors. 4. Cafes. 5. Candy and /or Ice Cream shops. 6. Clinic, Dental or Medical. 7. Child Care Facility. 8. Delicatessens. 9. Drug stores. 10.Dry Cleaning establishments (self-service, automatic). 11.Dry Cleaning, dyeing and laundry pick-up stations. 12.Apartments. 13.Food stores and Grocery stores. 14.Haberdashery. 15.Hardware stores. 16.Laundries (Automatic — Self Service). 17.Libraries. 18.Meat Markets. • 19.Offices. 20.Shoe repair. 21.Studios, for professional work and including the teaching of any form of fine arts, such as music, drama, dance or photography. 22.Accessory buildings for construction purposes for a period not to exceed the completion date of such construction. 23.Temporary buildings for construction purposes for a period not to exceed the completion date of such construction. 24.Churches. 25.Public or private schools. B. CONDITIONS OF USE Any use permitted in the C-2 District shall be subject to the following conditions: 1. All business, servicing or processing, except for off-street parking and / or loading, shall be conducted within completely enclosed buildings. 2. Establishments of the "drive-in" type offering goods and services directly to customers waiting in parked motor vehicles are not permitted. 3. All business establishments shall be retail or service establishments dealing directly with customers, excluding churches. 4. "Fast Service / Carry Out" restaurants are permitted in the C-2 District. C. LOT SIZE No requirement, except in the case of apartments, the lot area shall be the same as required in the R-2 General Family District. D. YARD AREAS No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or ® enlargement: 1. Front Yard: Twenty-five (25) feet from the front property line or fifty-five (55) feet from centerline of existing right-of-way, whichever is greater. (Any yard adjoining a street shall be considered a front yard.) 2. Side Yard: Seven (7) feet from each side property line. 3. Rear Yard: Twenty-five (25) feet from rear property line. E. HEIGHT LIMITATION No structure shall exceed thirty-six (36) feet or two and one-half (2'/2) stories, whichever is less. F. VISION CLEARANCE On any corner lot, no walled fence, sign or other structure or plant growth of a type which would interfere with traffic visibility shall be permitted higher than three (3) feet above the curb level within fifteen (15) feet of the intersection of the street right-of-way lines. Section 2. That no other portion of the zoning code be changed other than the adding of the above stated subsection. Further, if any part or parts of this ordinance shall be declared unconstitutional or otherwise unlawful by any Court of competent jurisdiction, then that part or parts of said ordinance declared to be unconstitutional or otherwise unlawful shall be severed from this ordinance and other portions of this ordinance shall remain in full force and effect as if those portions declared unconstitutional or unlawful were never a part thereof. ADOPTED this la'�'A day of , 2001. APPROVED: JERIARD, AYOR ATTEST: DENISE M. JOHNSTON, CITY CLERK