HomeMy WebLinkAbout2015-11-01 ORDINANCE NOjCQ10 ^ / I-01
AN ORDINANCE TO AMEND VARIOUS PROVISIONS OF THE BATESVILLE ZONING
CODE; AND FOR OTHER PURPOSES.
WHEREAS,the Batesville Planning Commission, after conducting a public hearing on November
2,2015, has voted to recommend that certain items in Title 14 of the Batesville Municipal Code be
revised; and,
WHEREAS,the Batesville Planning Commission has determined that said proposed amendments to
the zoning code would further the goals of the Comprehensive Plan to diversify housing choices as well
as encouraging the development of additional housing both within and adjacent to downtown.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BATESVILLE,ARKANSAS THAT CHAPTER 14.07 OF THE BATESVILLE ZONING CODE
IS HEREBY AMENDED AS FOLLOWS:
Section 1.Residential Uses Permitted by Right and Conditionally in the T-1 Traditional Business
District
Revise Section 14.07.01.A. by adding the following:
18. Residential apartments above the first floor of a commercial structure
Revise Section 14.07.01.13. as follows:
1. Ground floor apartments,provided that they use no part of the front portion of the ground floor
space which must be used by or available for commercial use.
Section 2. Parking Standards for Residential Uses in the T-1 Traditional Business District
Revise Section 14.10.04.A. as follows:
3. Multi-family residence.Two(2)parking spaces per dwelling unit, subject to the requirements
and exceptions at Section 14.10.06.D.
Add a new Section 14.10.06.D. as follows:
D. Parking Requirements.
1. The owner or developer of apartment units in the T-1 District shall provide a minimum of
two(2)on-site or off-site,off-street parking spaces per dwelling unit, and provide evidence
that such parking is dedicated or clearly available to apartment occupants.
2. The Enforcement Officer may grant a waiver to the requirement for two(2)parking spaces
per unit,provided that:
a. The number of spaces per unit is no less than one(1);
b. The owner or developer requests such a waiver in writing, providing clear and
convincing evidence that reducing the required number of spaces per unit will not
adversely affect on-street parking availability for commercial uses in the area.
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 /V't�day of 015.
APPROVED:
RI ELUMBAU OR
ATTEST: �N
DENISE JOHNSTON,CLERI
APPROVED AS TO LEGAL FORM:
Timo n, ity Attorney