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HomeMy WebLinkAbout2010-03-04 ORDINANCE NO.2010-03-f f AN ORDINANCE TO AMEND VARIOUS PROVISIONS OF THE BATESVILLE ZONING • CODE; TO DEFINE THE METHODS BY WHICH THE ZONING CODE AND ZONING DISTRICTS MAP MAY BE AMENDED; TO DEFINE ALTERNATIVE METHODS TO ESTABLISH ZONING CLASSIFICATIONS TO LANDS ANNEXED TO THE CITY; AND FOR OTHER PURPOSES. WHEREAS,the current provisions of the Batesville Zoning Code with respect to how amendments may be made to said Code and to the Official Zoning Districts map are outdated and in need of clarification; and, WHEREAS,the current provisions of the Batesville Zoning Code with respect to assigning zoning classifications to land annexed to the City are outdated and inflexible; and, WHEREAS,the Batesville Planning Commission has prepared recommendations to improve the efficient and effective amendment of the Batesville Zoning Code and Official Zoning Districts Map, and conducted a properly advertised public hearing on March 1, 2010, 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. Amendments Replace Section 14.03.05 in its entirety with the following: • 14.03.05. Amendments A. General This Code may be amended by changing the text, the Official Zoning Map, or both in accordance with the procedures prescribed herein. B. Amendments to the text 1. Amendments initiated by the City Council maybe made in the following manner. a. The City Council may refer a request for amendment to the Planning Commission to be considered in accordance with the procedures outlined in paragraph 2. of this subsection. b. The City Council may act directly to amend or suspend specific requirements of this Code, when an extreme emergency exists which threatens the health, safety, or welfare of the citizens of the City. An amendment may be made by ordinance upon the approval of two-thirds of the entire City Council. Such action shall be temporary and of such duration as is necessary to ameliorate the circumstances or conditions arising from the emergency. The City Council may take this action through normal ordinance procedures with no further public hearing or notification. 2. Amendments initiated by the Planning Commission is a. A member or members of the Commission may initiate amendments to the code and the Commission shall vote whether to proceed on consideration of any proposed amendment(s) including those initiated by the City Council or its members. • b. The Commission shall undertake such studies as it deems necessary to support any proposed revisions. It shall specifically determine what, if any, impact such an amendment would have on the currently adopted Comprehensive Plan. When the Commission determines that there is a probable impact on the Plan, and further determines the amendment is in the best interests of the City of Batesville, it shall amend the Plan in accordance with the procedures set out at subsection D.1. below. c. The Commission shall hold a public hearing to consider such amendment(s), in accordance with the requirements of subsection D.2.a. below. 3. Amendments initiated by the public Any member of the general public may request the Planning Commission to amend the text of this Code. The Commission shall vote on whether to proceed on consideration of any proposed amendment(s). C. Amendments to the Official Zoning Districts Map 1. Amendments initiated by the Planning Commission a. The Planning Commission may, from time to time, either upon request by one or more of its members, by direction of the City Council, or in the course of its normal planning activities, initiate amendments to the Official Zoning Map. • b. The Planning Commission shall prepare a work program and make studies, including, as appropriate, the preparation of maps, to support its decisions regarding possible amendments. c. Amendments initiated by the Commission shall only be those necessary to carry out the intent of the currently adopted Comprehensive Plan. Under no circumstance shall the Commission initiate an amendment solely to benefit an individual property owner. If the proposed amendments are not consistent with the comprehensive plan, the Planning Commission shall first consider and adopt any necessary changes to the Plan. d. The Planning Commission shall schedule and hold a public hearing to present the proposed amendments to the public and to hear public comment on the proposed action. e. Changes in zoning classifications involving a single small area [less than five acres] shall require the posting of a sign or signs, in accordance with the provisions of D.2.b. below. Changes in zoning classifications involving larger areas shall be considered comprehensive changes affecting the entire city and notice to individual property owners shall not be required. A map and/or documents indicating the proposed changes shall be made available in City Hall for interested citizens and property owners. f. Additional outreach or public notice may be pursued in order to further transparency • and public awareness. g. The Commission shall vote on the proposed amendment and, if adopted, certify recommended ordinances and regulations to the City Council for its adoption. • 2. Amendments initiated by a property owner or property owners a. Amendments to the Official Zoning Map requested by property owners shall be submitted to the Enforcement Officer via an application in such form, and providing such information, as the Commission may require. The application shall be reviewed for completeness and accuracy; the process shall not proceed until all required information is submitted. b. The Enforcement Officer shall post a sign or signs in conformance with the provisions of D.2.b. below. c. The Enforcement Officer shall fix a date for a public hearing. Notice of such hearing shall be in accordance with the provisions of D.2.a. below. d. Prior to the opening of a hearing, the Planning Commission shall be provided with evidence that all procedural requirements, including notification of affected property owners, have been satisfied. e. Within thirty (30) days following the public hearing, the Planning Commission shall make a specific finding as to whether or not the change is consistent with the objectives of the Zoning Code and with Plans adopted by the Planning Commission, and that the purpose of the amendment is not based exclusively upon a desire to increase the value or income potential of the property. The Planning Commission shall make written recommendations to the City Council setting forth the basis for its • recommendations. A copy of these recommendations shall be submitted to the applicant at the same time. f. If the Commission disapproves a proposed change in zoning classification, the reason for such disapproval shall be given in writing to the applicant within fifteen (15)days from the date of the decision. The applicant may appeal such disapproval to the City Council, provided that the applicant states specifically in writing to the City Clerk why (s)he considers the Commission's findings and decisions to be in error. Such appeal shall be filed with the City Clerk within fifteen (15) days after the date the Commission sends the written notice to the applicant. If the applicant provides information not available to or considered by the Commission, the request will automatically be returned to the Commission for reconsideration. The City Council will not consider any appeal as a de novo request. h. Effect of Denial of Amendment An application for a change in zoning classification that has been denied by either the Commission or City Council will not be reconsidered by the Commission for a period of six (6) months of elapsed time from the date of final disapproval, unless the Commission determines through three-fourths (3/4) majority vote of the entire Commission that a substantial reason exists for waiving this mandatory waiting period. D. Procedural Requirements • 1. Update of the Comprehensive Plan If a proposed amendment requires an update or revision to the Comprehensive Plan, the Commission shall conduct a public hearing on such update or revision, and subsequent to such hearing shall vote on whether the update or revise the Comprehensive Plan prior, • which shall precede any hearing or action on such amendment to the Code or Map. 2. Public notice requirements a. Notice of any hearing required by a provision of this section shall be published at least one time not less than fifteen (15) days prior to the date of the hearing in a newspaper of general circulation in the City of Batesville. The notice shall be of sufficient detail to make the purpose and location, if appropriate, of the proposed amendment clear to the public. b. When notification of nearby property owners is required, the Enforcement Officer shall post a sign or signs on the property(ies) for which a change in classification is requested. Such sign or signs shall specify the zoning classification which is being requested, as well as the date, time and location of the public hearing at which the request will be heard. The sign will be posted at least fifteen (15) days in advance of the public hearing, in such a manner as to be clearly and readily visible to adjoining properties. 3. The City Council, by majority vote, may: a. adopt, by ordinance, the recommended amendment submitted by the Commission, in whole or in part; or, b. return the proposed change to the Commission for further study and recommendation; or, • c. deny the recommended change. Section 2. Zoning of Annexed Land Replace Section 14.04.04 in its entirety as follows: 14.04.04. Zoning of Annexed Land Territory annexed to the City of Batesville shall be assigned a zoning district classification in either one of two ways: as part of the annexation process or, subsequent to the annexation. The procedure for either method is as follows. 1. Designation subsequent to annexation In the event that no specific zoning classification has been requested at the time of annexation, the annexed lands shall automatically be classified as R-1 Single-Family Residential and subject to the requirements of that classification upon the effective date of said annexation. Such classification shall be valid for a period of time not to exceed one (1) year from the effective date of the ordinance annexing said addition. Within this one (1) year period, the Planning Commission shall study and make recommendations concerning the use of land within said annexed area, in accordance with any applicable plans adopted by the City of Batesville. • 2. Designation coincident with annexation If a specific zoning classification other than R-1 Single-Family Residential is desired at the time of annexation,the following procedures shall be followed: • a. If a property owner petitions to have property annexed to the city, a request shall be submitted to the Planning Commission no later than the date the petition is submitted to the County Court. The Commission shall make a recommendation to the City Council as to the appropriate zoning classification for the property or properties, prior to the ordinance accepting the annexation. b. If the property is an island annexed into the city by ordinance, the City Council shall direct the Planning Commission to make a recommendation as to the appropriate zoning classification, prior to the ordinance of annexation. c. If the proposed annexation is to be decided by election, the City Council shall direct the Planning Commission to make a recommendation as to the appropriate zoning classification to be assigned to the property or properties to be annexed, prior to adopting the ordinance of election. 3. Preparatory to making a requested recommendation, the Planning Commission shall make such studies as it deems advisable and appropriate. It shall take into account any plans of the City currently in effect, and adopt revisions to the Comprehensive Plan, where appropriate and necessary. 4. The procedures governing amendments to the Zoning Districts Map at Section 14.03.05.C. shall be followed. • 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�, day of ���/t�i�u 20_k) APPROVED: ` RICK EL , MAYOR ATTEST: r DENISE JOHNSTON,CILERK APP E S T GAL FORM: colt Sia i Att e , mey O RECOMMENDATIONS OF THE CITY PLANNING COMMISSION The City Planning Commission of the City Of Batesville, Arkansas, held its regular monthly meeting on Monday, March 1, 2009, with Chairman Steven Lewis presiding. Also present were Secretary Brian Langston, and Commission Members Carma Osborn, Ronnie Hampton, Nina Womack and Mike Fagan. Commissioner Ken Smith was absent. Also present were Code Enforcement Officer, Chad McClure, Planning Consultant Rob Middleton and City Council Members Thomas Bryant and Dr. Doug Matthews. The Planning Commission has worked on several suggested revisions to the existing Zoning & Subdivision Code. Items include: Section 14.03.05-Amendments, Section 14.04.04-Zoning of Annexed Land and Section 15.02.07-Lot Line Adjustments. The Planning Commission has therefore adopted a resolution to include the revisions as amendments to the existing zoning code. Commissioner Womack moved that the Planning Commission recommend to the City Council of the City of Batesville, Arkansas, the proposed ordinance to amend the Batesville Zoning Code to include the proposed items. The motion was seconded by Commissioner Hampton and upon vote of the Commission was passed unanimously by those present. Therefore, the City Planning Commission of the City of Batesville, Arkansas recommends to the City Council of the City of Batesville, Arkansas, that the appropriate action be taken by the City Council to carry out the recommendations of the City Planning Commission. Batesville City Planning Commission By Steven Lewis, Chairman By �1 AO Brian Langston, Secretary