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Home My WebLink About2010-02-01 ORDINANCE NO. 6q01 0—-2—1 AN ORDINANCE TO AMEND VARIOUS PROVISIONS OF THE BATESVILLE ZONING CODE; TO REGULATE TEMPORARY USES; TO REQUIRE A PERMIT FOR SUCH USES; AND FOR OTHER PURPOSES. WHEREAS,the City of Batesville does not currently have any comprehensive regulations governing the location,nature or permitted duration of temporary land uses within the corporate limits; and, WHEREAS,there is a need for such regulations to ensure that such temporary uses are consistent with the Comprehensive Plan and with other city ordinances and to ensure the public safety, health and welfare; and, WHEREAS,the Batesville Planning Commission has prepared recommendations to improve the Batesville Zoning Code and conducted a properly advertised public hearing on November 2, 2009,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 Insert the following definition Section 14.02.02.—Definitions of the Batesville Municipal Code between "Structure"and "Travel Trailer or Motor Home" • Temporary Structure. A structure without any foundation or footings and that is removed when the designated time period,activity, or use for which it was erected or placed has ceased. Temporary Use. A use established for a limited duration with the intent to discontinue such use upon the expiration of the time period. Such use does not involve the construction or alteration of any permanent building or structure. Section 2. Temporary Uses Insert the following new section 14.05.06 as follows: 14.05.06. Temporary Uses A. Temporary uses not meeting the other requirements of this code may be permitted only upon issuance of a Temporary Use Permit by the Enforcement Officer, provided that such use conforms to the following provisions. B. Types of Temporary Uses. The following types may be allowed if they meet the applicable requirements. 1. Seasonal uses such as Christmas tree sales lots or other holiday related uses deemed by the Enforcement Officer to be substantially similar. 2. Special events such as the following or uses deemed by the Enforcement Officer to be substantially similar. a. Carnivals, concerts,and circuses b. Music festivals . c. Political rallies d. Tents for religious services 3. Temporary Retail Uses a. Flower, fruit, and vegetable stands b. Parking lot sales c. Vendors and retail sales carried out in structures that do not meet the city's building code d. Food sales and preparation 4. Temporary Structures a. Construction shack b. Portable living quarters on a construction site c. Portable office or retail building during construction 5. Temporary Structures, Miscellaneous a. Temporary real estate office within a subdivision b. Temporary Signs c. Promotional displays C. The following uses are not covered by this section. 1. Rummage or Garage Sales 2. Temporary buildings needed during natural disasters 3. Farmer's market, fairs, or other events sponsored by the city or county. D. Site Characteristics As a condition of issuing a temporary use permit,the Enforcement Officer shall ensure that: 1. The use is compatible and consistent with the uses permitted by the zoning district at the location of the use; 2. Handling, preparation and sales of food products conform to the requirements of the Health Department and have obtained necessary permits; 0 3. Adequate measures will be taken to prevent odor, dust, noise, lights and traffic from becoming a nuisance to uses on adjacent properties; 4. All necessary utilities such as, but not limited to, water, wastewater, and/or electricity are available and properly installed; 5. Adequate off-street parking is available for the enterprise; 6. Sufficient space is available for the accommodation of crowds; 7. The use will not interfere with the use of adjacent properties; 8. Not more than one temporary/mobile structure, plus one vehicle permitted per use; 9. Where renewal is permitted, it must run consecutively with the original time period; 10. At the expiration of the permit period, all equipment, structures,appurtenances, goods, and vehicles must be completely removed from the site. E. Existing Approved Temporary Uses Any temporary use that was approved and issued a conditional use permit prior to the enactment of this provision is excluded from enforcement of this provision so long as it continues to comply with the conditions of such original approval TEMPORARY USE CHART Temporary Use Type Permit Fees Limit Renewable? Christmas tree sales lots Seasonal Yes No 30 Days Once per Calendar Year Seasonal Fruit and Vegetable Stands Seasonal Yes Yes 90 Days Once per Calendar Year ® Carnivals,concerts,and circuses Special Events Yes No 3 Weeks Once per Calendar Year Music festivals Special Events Yes No 3 Weeks No Limit Political rallies Special Events Yes No 3 Weeks No Limit TEMPORARY USE CHART Temporary Use Type Permit Fees Limit Renewable? ® Tents for religious services Special Events Yes No 3 Weeks No Limit Flower stands Temporary Retail Yes $50 30 Days Once per Calendar Year Parking lot sales Temporary Retail Yes $50 30 Days Once per Calendar Year Vendors. Temporary Retail Yes $50 30 Days Once per Calendar Year Food preparation Temporary Retail Yes $es 100 90 Days Once per Calendar Year Construction shack Temporary Structures Yes No One Year Yes Portable living quarters on a construction site Temporary Structures Yes No One Year Yes Portable office or retail building during construction Temporary Structures Yes Yes One Year Yes Temporary real estate office within a subdivision Temporary,Misc. Yes Yes 90 Days No Temporary Signs Temporary,Misc. Yes Yes 90 Days No Promotional displays Temporary,Misc. Yes $25 90 Days No Temporary buildings needed during natural disasters Not Covered NA NA NA NA Rummage sales Not Covered NA NA NA NA Farmers'Market,City Sponsored Not Covered NA NA NA NA 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. EMERGENCY CLAUSE: Where as it is necessary to effect the public peace, health, safety and • welfare and the orderly administration of Batesville City Codes, an emergency is hereby declared to exist and this Ordinance shall be effective from and its passage. IT IS SO ORDAINED. IN WITNESS WHEREOF,we have set our hands this—l—, day o '2010 APPROVED: RICKUMBAUGH, MAYOR ATTEST: DENISE JOHNSTON, CLERK APPROV ASTD4. A FORM: Scott Stalker, 1264Ziemey ® RECOMMENDATIONS OF THE CITY PLANNING COMMISSION The City Planning Commission of the City of Batesville, Arkansas, held their monthly meeting on Monday, December 14, 2009, with Chair. Carma Osborn presiding. Also present were Secretary Brian Langston, and Commission members Steven Lewis, Nina Womack, Ronnie Hampton and Ken Smith. Commissioner Mike Fagan was absent. A public hearing was previously held during the November meeting regarding Temporary Uses including suggested fees and time limitations and a continuation of discussion was held at the December meeting. Commissioner Hampton moved that the Planning Commission recommend to the City Council of the City of Batesville, Arkansas, approval of the suggested list of Temporary Uses with two (2) stipulations: 1. Separate food preparation from produce sales. 2. Under Section D. Site Requirements — add that all utilities must be in place and meet current city code requirements. The Commission felt that this document would help the city with code enforcement work. The motion was seconded by Commissioner Langston and upon vote of the commission was passed by a majority. A roll call vote was taken with the following results recorded: Smith Yes Lewis Yes Womack Yes Langston Yes Hampton Yes Vote: 5 For 0 Against 1 Absent Fagan Absent Motion was approved. Therefore, the City Planning Commission of the City of Batesville, Arkansas recommends to the City Council of the City of Batesville, Arkansas, that appropriate action be taken by the City Council to carry out the recommendations of the City Planning Commission. Batesville City Planning Commission By __�_ E I ( Carma Osborn, Chairman B D� y ® Brian Langston, Secretary