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HomeMy WebLinkAbout1985-04-01 i ORDINANCE NO. S - AN ORDINANCE AMENDING THE CITY OF BATESVILLE ZONING CODE SECTION XI, BY ADDING A SUBSECTION VI ; EXEMPTING EXISTING BUILDING IN C-1 CENTRAL BUSINESS DISTRICTS FROM OFF-STREET PARKING AND LOAD- ING REQUIREMENTS EXCEPT WHEN SAID BUILDINGS ARE TO BE USED FOR APARTMENTS, MOTELS, HOTELS, LODGING HOUSES OR OTHER RESIDENTIAL DWELLINGS; DECLARING AN EMERGENCY AND FOR OTHER PURPOSES : BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS: Section 1 : That Section XI of the Batesville Municipal Zoning Code, pertaining to off-street parking and loading requirements, be amended to include and add to said Section XI, Subsection Vi the following: i (VI ) . EXEMPTION OF C-1 CENTRAL BUSINESS DISTRICT: i Nothing in this section (Section XI ) shall apply to existing buildings in any C-1 Central Business Dis- trict, except for the following: (a ) Section XI shall apply to all new construction in C-1 Central Business Districts. (b) Section XI shall further apply to any existing • building, or any part thereof , whenever the use to be made of said building shall be for apartments , mo- tels, hotels , lodging houses or other residential purposes. (c) Any remodeling or addition to an existing build- ing shall not cause current off-street parking or loading zones to be diminished below the standards set by Section XI and if any current existing build- ing does not comply with Section X1 at the present any remodeling or addition to an existing building shall not diminish the present parking or loading zones currently in place. Section 2 : That no other portion of the zoning code be changed j other than the adding of the above stated subsection. Further, if any part or parts of this ordinance shall be declared uncon- stitutional or otherwise unlawful by any Court of competant juris diction, then that part or parts of said ordinance declared to beI unconstitutional or otherwise unlawful shall be severed from this ordinance and other portions of this ordinance shall remain in i full force and effect as if those portions declared unconstitu- tional or unlawful were never a part thereof . Section 3 : EMERGENCY CLAUSE: Whereas, the City Council finds that owners of existing buildings in C-1 Central Business Dis- tricts are unable to comply with the requirements of Section X! and whereas the City Council finds that Section XI, as applied to existing buildings, will unnecessarily stifle the growth of those districts, and this ordinance being necessary for the immediate preservation of public peace, welfare and safety, an emergency is. hereby declared to exist and this ordinance shall be in full force and effect from,and after its passage.