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HomeMy WebLinkAbout2010-07-01 • ORDINANCE NO.2010-07-01 AN ORDINANCE TO AMEND VARIOUS PROVISIONS OF THE BATESVILLE ZONING CODE; TO PROVIDE SITING STANDARDS FOR MANUFACTURED HOUSING; TO PROVIDE AN EXCEPTION TO HEIGHT REQUIREMENTS; TO REVISE PERMITTED USES AND CERTAIN SITE STANDARDS IN VARIOUS ZONING DISTRICTS; AND FOR OTHER PURPOSES. WHEREAS, certain provisions of the Batesville Zoning Code with respect to permitted uses and site standards are outdated and in need of clarification; and, WHEREAS,updating these provisions are desirable to improve the flexibility of development in the City of Batesville; and, WHEREAS,the Batesville Planning Commission has prepared recommendations to improve the efficient and effective application of the Batesville Zoning Code, and conducted a properly advertised public hearing on June 7,2010, 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. Manufactured Housing Siting Requirements Add a new Section 14.05.07.,to read as follows: 14.05.07. Manufactured housing siting requirements The following siting standards shall apply to all instances of placement of manufactured homes permitted in a residential district: A. A pitched roof of at least three feet(3')rise in twelve foot(12')run; • B. Removal of all transport elements; C. Anchored to the ground in compliance with the regulations of the Arkansas Manufactured Home Commission; D. Exterior wall finished so as to be compatible with the neighborhood; E. Orientation compatible with placement of adjacent structures; F. Underpinning with permanent materials;and, G. Compliance with other district standards. Section 2. Exceptions to Height Requirements Add a new Section 14.05.08.,to read as follows: 14.05.08. Exceptions to Height Requirements Chimneys, cooling or water towers, elevators, bulkheads, fire towers, monuments, stacks, stage towers,tanks, spires, church steeples,necessary mechanical apparatus or other structures not intended for human occupancy or use may be erected to any height not in conflict with any other ordinance of the City. Section 3. Single Family Residential Zoning District Delete Section 14.06.01. in its entirety and replace it with the following: 14.06.01. Single-Family Residential District[R-11 This District provides for single-family residential developments of relatively spacious character, together with churches,recreational facilities and other similar uses as may be necessary or is normally compatible with residential surroundings. 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 R-1 District except for one or more of the following uses: • 1. Single-Family detached dwelling,including patio homes. I • 2. Accessory structures and uses incidental to the principal use, located no closer than two and one-half feet (2'/2')to any property line. 3. Home occupations,as defined in this Code. 4. Noncommercial parks,playgrounds and forest preserves. 5. Churches and/or religious educational buildings. 6. Public or private,non-profit schools. 7. Temporary buildings for construction purposes for a period not to exceed the completion date of such construction. 8. Utility substations(if no staff is required and screening is provided). 9. Identification signs,not to exceed a total of six(6)square feet. 10. Single-family attached dwelling,including zero lot line homes. 11. Home-based child care facilities(up to 10 children] B. Conditional Uses The following may be allowed by Conditional Use Permit in accordance with the provisions of Section 14.03.06: 1. Hospitals and convalescent homes. C. Prohibited Uses 1. Travel trailers or motor homes, buses, trucks one and one-half(1%2) tons and over and similar vehicles or apparatus shall not be stored or parked in front yards on a permanent basis. 2. Mobile homes as defined in this Code shall not be stored, parked or otherwise placed in an R-1 residential district. 3. Sexually oriented businesses. 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 center line of existing right-of-way,whichever is greater. (Any yard adjoining a street shall be considered a front yard.) 2. Side yard. a. For a detached single-family home on an individual lot, a total of twenty percent (20%) of lot width at building set back line,but in no case shall a side yard be less than seven feet(7')on a side. b. For any lot that is part of a patio home or zero lot line subdivision, one side yard shall be at least seven feet(7')wide 3. Rear yard. Twenty-five(25)feet from rear property. E. Height Limitation No structure shall exceed thirty-six(36)feet or three(3)stories,whichever is less. F. Lot Size 1. Except as provided below, every principal permitted use hereafter erected or located in the R-I District shall have a lot area of not less than five thousand (5,000) square feet with a minimum width at the established building line of fifty feet(50'). 2. The minimum lot size and frontage provisions described herein shall not apply as they relate to the construction or reconstruction of single family residences on lots that exist and are platted within the City as of August 7, 1995, provided that the lots were formerly used for single family residential purposes, and further provided that only single family residential structures shall be constructed or reconstructed on such lots. All other provisions of this Code,including set back requirements,will remain in full force and effect. Section 4. Historic Residential Zoning District © Delete Section 14.06.02. in its entirety and replace it with the following: 2 • 14.06.02. Historic Residential District[HRl This District is comprised of an area where there are a significant number of historic structures used as residences. 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 HR District except for one or more of the following uses: 1. Single-Family detached dwelling,including patio homes. 2. Accessory structures and uses incidental to the principal use, located no closer than two and one-half feet (2%Z')to any property line. 3. Home occupations,as defined in this Code. 4. Noncommercial parks,playgrounds and forest preserves. 5. Churches and/or religious educational buildings. 6. Public or private,non-profit schools. 7. Temporary buildings for construction purposes for a period not to exceed the completion date of such construction. 8. Utility substations(if no staff is required and screening is provided). 9. Identification signs,not to exceed a total of six(6)square feet. 10. Single-family attached dwelling,including zero lot line homes. 11. Home-based child care facilities[up to 10 children] 12. Any uses is existence at the time of district creation B. Conditional Uses The following may be allowed by Conditional Use Permit in accordance with the provisions of Section 14.03.06: 1. Hospitals and convalescent homes. • C. Lot Size 1. Except as provided below, every principal permitted use hereafter erected or located in the HR District shall have a lot area of not less than five thousand (5,000) square feet with a minimum width at the established building line of fifty feet(50'). 2. The minimum lot size and frontage provisions described herein shall not apply as they relate to the construction or reconstruction of single family residences on lots that exist and are platted within the City as of August 7, 1995, provided that the lots were formerly used for single family residential purposes, and further provided that only single family residential structures shall be constructed or reconstructed on such lots. All other provisions of this Code,including set back requirements,will remain in full force and effect. 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 center line of existing right-of-way,whichever is greater. (Any yard adjoining a street shall be considered a front yard.) 2. Side yard. a. For a detached single-family home on an individual lot, a total of twenty percent (20%) of lot width at building set back line,but in no case shall a side yard be less than seven feet(7')on a side. b. For any lot that is part of a patio home or zero lot line subdivision, one side yard shall be at least seven feet(7')wide 3. Rear yard. Twenty-five(25)feet from rear property. E. Height Limitation No structure shall exceed thirty-six(36)feet or three(3)stories,whichever is less. G. Prohibited Uses • 1. Travel trailers or motor homes, buses, trucks one and one-half(1'/z) tons and over and similar vehicles or apparatus shall not be stored or parked in front yards on a permanent basis. 3 • 2. Mobile homes or manufactured homes 3. Sexually oriented businesses. H. Creation of District New districts created after the effective date of this provision shall conform to the following requirements: 1. District Size - this District shall be no smaller than three (3) contiguous blocks, or six (6) contiguous half blocks. 2. Petition required— In order to form an HR District or include land in an already designated HR District, a petition must be filed and notice must be given in the same manner as set out in Section 14.03.05 for a rezoning of property. This petition must be signed by at least 60%of the landowners who hold title to at least 60%of the land within the proposed district. 3. Existing uses—existing uses in the HR District may be continued even in the event of the partial or complete destruction of an existing structure. Provided,however, if an historic structure within an HR District shall be used as a single family residence, then that structure may not thereafter be used for any purposes other than single-family residential use. Section 5. General Family Residential Zoning District Delete Section 14.06.03. in its entirety and replace it with the following: 14.06.03. General Family Residential District rR-21 This District provides a minimum lot area and yard requirements that are acceptable for a safe and healthy development. 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 R-2 District except for one or more of the following uses: • 1. Single-family detached dwellings,including patio homes. 2. Two-Family Dwellings. 3. Multi-family Dwellings,including condominiums. 4. Boarding houses,including bed&breakfasts. 5. Retirement homes and assisted living facilities 6. Accessory structures and uses incidental to the principal use, located no closer than two and one-half(2%z) feet to any property line. 7. Home occupations,as defined in this Code. 8. Noncommercial parks,playgrounds and forest preserves. 9. Churches and/or religious educational buildings. 10. Public or private,non-profit schools. 11. Temporary buildings for construction purposes for a period not to exceed the completion date of such construction. 12. Utility substations(if no staff is required and screening is provided). 13. Identification signs,not to exceed a total of six(6)square feet. 14. Manufactured Homes,as defined in section 14.02.01 15. Single family attached dwellings,including zero lot line homes. 16. Child care facilities B. Conditional Uses The following may be allowed by Conditional Use Permit in accordance with the provisions of Section 14.03.06: 1. Private Clubs or Lodges. • 2. Hospitals and Convalescent Homes. 3. Mobile Home Park. 4 • 4. Rehabilitative Homes. 5. Branch library 6. Retail, service and office uses whose scope of operation and scale is oriented heavily toward the neighborhood in which it is located,and whose characteristics involve limited vehicular traffic, storage space requirements, signage, or parking. Examples of such uses might include convenience stores, beauty shops, salons,doctor or dentist offices,or similar activities. C. Lot Size Every principal permitted use hereafter erected or located in the R-2 District shall have a lot area of not less than: 1. For single-family detached dwellings, including patio homes and zero lot line homes, a minimum of five thousand(5,000)square feet,with a minimum width at the building setback line of fifty feet(50'). 2. The minimum lot size and frontage provisions described herein shall not apply as they relate to the construction or reconstruction of single family residences or lots that exist and are platted within the City as of August 7, 1995, provided that the lots were formerly used for single family residential purposes, and further provided that only single family residential structures shall be constructed or reconstructed on such lots. All other provisions of this Code,including set back requirements,will remain in full force and effect. 3. For multi-family dwellings, a minimum of eleven thousand, five hundred(11,500) square feet, an additional two thousand (2,000) square feet per dwelling unit for a structure containing more than three (3) dwelling units. 4. For boarding and rooming houses, a minimum of two thousand (2,000) square feet per unit and in no case shall the minimum lot area be reduced below seventy-seven hundred(7,700)square feet. 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 the centerline of • existing right-of-way,whichever is greater. (Any yard adjoining a street shall be considered a front yard.) 2. Side Yard. a. For a detached single-family home on an individual lot, a total of twenty percent (20%)of lot width at building set back line,but in no case shall a side yard be less than seven feet(7')on a side. b. For any lot that is part of a patio home or zero lot line subdivision, one side yard shall be at least seven feet(7')wide. 3. A total of twenty(20)percent of the lot width at building setback line but in no case shall a side yard be less than seven(7)feet on a side. 4. Rear Yard. Twenty-five(25)feet from rear property line. E. Height Limitation No structure shall exceed thirty-six(36)feet or three(3)stories,whichever is less. G. Prohibited Uses 1. Travel trailers or motor homes, buses, trucks one and one-half(1%) tons and over and similar vehicles or apparatus shall not be stored or parked in front yards on a permanent basis. 2. The storing,parking or otherwise placing of a mobile home in an R-2 residential zoning district is prohibited except as allowed under Section 14.06.04.of this Code. 3. Sexually oriented businesses. Section 6. Traditional Business Zoning District Delete Section 14.07.01. in its entirety and replace it with the following: 14.07.01. Traditional Business District U-11 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 5 • 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. 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: 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 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 Chapter 14.10.) 8. Garages and gasoline services 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(35)feet distant from any street or lot line and shall be underground. 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. 16. Main library B. Conditional Uses The following may be allowed by Conditional Use Permit in accordance with the provisions of Section 14.03.06. 1. Apartments, when the Commission finds they do not use any part of the front portion of the ground floor space,and do not interfere with the commercial nature of the neighborhood and do provide adequate parking. C. Prohibited Uses 1. Sexually oriented businesses. D. 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. E. Height Limitation No restriction,except that facilities higher than five [5] stories shall require approval of the Fire Chief. F. Lot Size No minimum size required. Section 7. Commercial Community Zoning District • Delete Section 14.07.02. in its entirety and replace it with the following: 6 • 14.07.02. Commercial Community District[C-11 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 twenty(20)feet from any street 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. Main Banks and Branch Banks 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 Chapter 14.10.) 14. Hospital and nursing homes. B. Conditional Uses The following may be allowed by Conditional Use permit in accordance with the provisions of Section 14.03.06.: 1. Light manufacturing/processing operations requiring very minimal outside storage,truck traffic and external noise,vibration,dust,odor or glare. C. Prohibited Uses 1. Sexually oriented businesses. 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,except that facilities higher than five [5] stories shall require approval of the Fire Chief. F. Lot Size No minimum required. • • Section 8. Light Industrial Zoning District Delete Section 14.08.01. in its entirety and replace it with the following: 14.08.01. Light Industrial District fI-11 The I-1 Light Industrial District is intended to accommodate light industrial, wholesale and research establishments including light manufacturing and machinery operations that are so conducted that noise, odor and glare of each operation is confined completely within an enclosed structure. The district is also intended to accommodate sexually oriented businesses whether they are of a wholesale or retail nature. The Industrial Districts specifically exclude residential dwelling units on the theory that the mixture of residential uses and the location of sexually oriented businesses and industrial uses is contrary to the purposes of these regulations. A. Permitted Uses Unless otherwise provided in this Code, no buildings or land shall be used or no building shall be erected, converted, enlarged or structurally altered in the I-1 Light Industrial District except for one or more of the following uses: 1. Any production, processing, servicing, testing, repair or storage of materials, goods, equipment or products and the sale of all such products assembled, manufactured or produced on the property but not including any of the uses listed as permitted in the I-2 General Industrial District in Section 14.08.02. 2. Wholesaling and warehousing,local cartage and express facilities. 3. Agricultural uses. 4. Accessory uses,including off-street parking and loading as permitted or required in Chapter 14.10. 5. Temporary buildings for construction purposes for a period not to exceed the duration of such construction. 6. Signs,as regulated by the City Ordinance and/or Municipal Code of Batesville,Arkansas B. Required conditions 1. All production, processing, servicing, testing, repair or storage of materials, goods, equipment or products shall take place within completely enclosed buildings. • 2. No production of toxic or hazardous materials. 3. Sexually oriented businesses shall comply with all of the following further restrictions. a. No sexually oriented business may not be operated within one thousand feet (1,000'), measured in a straight line, without regard to intervening structures or objects from the nearest property line of the sexually oriented business to the nearest property line of any of the following: 1. a church; 2. a church sponsored youth activity center; 3. a public or private elementary,secondary or post-secondary school or pre-school; 4. a public park; 5. a museum; 6. a licensed day-care or child care center; 7. an entertainment business that is oriented primarily towards children; 8. a boundary of any residential district; 9. a boundary of any commercial or traditional business district or a property legally used as a residential use in said commercial or traditional business use; 10. a boundary of a local historic residential district; 11. a boundary of a public park; 12. a boundary of any facility primarily used or attended by persons under the age of eighteen(18); 13. a property on the National Register of Historic Places; 14. a property,place or establishment that sells or dispenses any alcoholic beverage;or 15. the boundary of another sexually oriented business. b. All activities of the sexually oriented business shall be carried on completely within enclosed buildings. • c. All other provisions of the Sexually Oriented Business Ordinance shall apply. C. Lot Size 8 • No minimum required. 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 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. A side yard on each side of the zoning lot of not less than ten(10)feet. 3. Rear yard. Twenty-five(25)feet from rear property line. E. Height Restriction None,except that any structure higher than five[5]stories shall be approved by the Fire Chief. Section 9. General Industrial Zoning District Delete Section 14.08.02. in its entirety and replace it with the following: 14.08.02. General Industrial District[1-21 The I-2 General Industrial District is intended to accommodate those industrial uses which may not or cannot meet standards of the 1-1 District and is also intended to accommodate sexually oriented businesses whether they are of a wholesale or retail nature. The Industrial Districts specifically exclude residential dwelling units on the theory that the mixture of residential uses and industrial and the location of sexually oriented businesses is contrary to the purposes of these regulations. A. Permitted Uses Unless otherwise provided in this Code, no building or land may be used and no building may be erected, converted, enlarged or structurally altered in the I-2 General Industrial District except for one or more of the following uses: • 1. All uses permitted in the I-1 Light Industrial District. 2. Salvage yard. 3. Bulk plants. 4. Feed mills. 5. Compressor stations. 6. Production of toxic or hazardous materials. 7. Sexually oriented businesses. B. Required Conditions 1. All production, processing, servicing, testing, repair or storage of materials or goods, equipment or products shall take place within completely enclosed buildings. All outside storage shall be screened by a site obscuring fence or shrub. 2. Sexually oriented businesses shall comply with all of the following further restrictions. a. No sexually oriented business may not be operated within one thousand feet (1,000'), measured in a straight line, without regard to intervening structures or objects from the nearest property line of the sexually oriented business to the nearest property line of any of the following: 1. a church; 2. a church sponsored youth activity center; 3. a public or private elementary,secondary or post-secondary school or pre-school; 4. a public park; 5. a museum; 6. a licensed day-care or child care center; 7. an entertainment business that is oriented primarily towards children; • 8. a boundary of any residential district; 9 • 9. a boundary of any commercial or traditional business district or a property legally used as a residential use in said commercial or traditional business use; 10. a boundary of a local historic residential district; 11. a boundary of a public park; 12. a boundary of any facility primarily used or attended by persons under the age of eighteen(18); 13. a property on the National Register of Historic Places; 14. a property,place or establishment that sells or dispenses any alcoholic beverage;or 15. the boundary of another sexually oriented business. b. All activities of the sexually oriented business shall be carried on completely within enclosed buildings. c. All other provisions of the Sexually Oriented Business Ordinance shall apply. C. Lot Size No minimum requirement. 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 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. A side yard on each side of the zoning lot of not less than ten(10)feet. 3. Rear Yard. Twenty-five(25)feet from rear property line. F. Height Restriction None,except that any structure higher than five [5]stories shall be approved by the Fire Chief. • 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 27, day of July,2010. APPROVED: RI CK E BAUGH ATTEST: DENISE JOHNSTON, CL RK APP ED LEG 'oe Scott Stalker, Cit;"A444 10 t RECOMMENDATION OF THE CITY PLANNING COMMISSION The City Planning Commission of the City of Batesville, Arkansas, held their regular monthly meeting on Monday, June 7, 2010, with Chairman Steven Lewis presiding. Also present were Secretary Brian Langston, and Commission members, Ronnie Hampton, Ken Smith and Nina Womack. Absent were Mike Fagan and Carma Osborn. A Public Hearing was held to consider amending the current Zoning Code text. Planning Consultant, Robert Middleton has provided the planning commission several proposed revisions and additions to the current zoning code text beginning with Chapter 14.05.07– Manufactured Housing Site Requirements and ending with Chapter 14.08.02 – General Industrial District (1-2). In the process, the zoning text would also eliminate in its entirety 14.07.03 –Commercial Neighborhood District (C-2). The commission in agreement that there is really only a need for one commercial district. The way (C-2) is currently written it creates activities that benefit a neighborhood. If(C-2) zoning were changed to either (R-1) or(R-2) it would then allow activities to neighborhoods they serve. Commissioner Hampton moved that the Planning Commission recommend to the City Council of the City of Batesville, Arkansas, that the City Council accept and approve the proposed revisions and additions to the current zoning code text. The motion was seconded by Commissioner Smith and upon vote of the Commission was passed unanimously by all those present other than Commissioner Fagan and Osborn who were absent from voting. 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 / zx `L Steven Lewis, Chairm By—`Z Brian Langston, Secretary • PROPOSED ADDITIONS TO CHAPTER 14.05 14.05.07. Manufactured housing siting requirements The following siting standards shall apply to all instances of placement of manufactured homes permitted in a residential district: A. A pitched roof of at least three feet(3')rise in twelve foot(12')run; B. Removal of all transport elements; C. Anchored to the ground in compliance with the regulations of the Arkansas Manufactured Home Commission; D. Exterior wall finished so as to be compatible with the neighborhood; E. Orientation compatible with placement of adjacent structures; F. Uiidcrpirli ing Wiwi pc�ivanca inatcriSIS; and, G. Compliance with other district standards. 14.05.08. Exceptions to Height Requirements Chimneys, cooling or water towers, elevators, bulkheads, fire towers, monuments, stacks, stage towers, tanks, espires, church steeples, necessary mechanical apparatus or other structures not intended for human occupancy or use may be erected to any height not in conflict with any other ordinance of the City. PROPOSED REVISIONS TO CHAPTERS 14.06—14.®R CHAPTER 14.06 RESIDENTIAL DISTRICTS Sections 14.06.01 Single Family Residential District[R-1] 14.06.02 Historic Residential District[HR] 14.06.03 General Family Residential District[R-21 14.06.04 Mobile Home Parks 14.06.01. Single-Family Residential District FR-1] This District provides for single-family residential developments of relatively spacious character, together with churches, recreational facilities and other similar uses as may be necessary or is normally compatible with residential surroundings. ® A. Permitted Uses 1 [DRAFT REVISIONS] 5/3/2010 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 R-I District except for one or more of the following uses: 1. Single-Family detached dwelling, including patio homes.' 2. Accessory structures and uses incidental to the principal use, located no closer than two and one-half feet (2%')to any property line. 3. Home occupations, as defined in this Code. 4. Noncommercial parks,playgrounds and forest preserves. S. Churches and/or religious educational buildings. 6. Public or private, non-profit schools. 7. Temporary buildings for construction purposes for a period not to exceed the completion date of such construction. 8. Utility substations(if no staff is required and screening is provided). 9. Identification signs, not to exceed a total of six(6)square feet. 10. Single-family attached dwelling, including zero lot line homes.2 11. Home-based child care facilities ]up to 10 children] B. Conditional Uses The following may be allowed by Conditional Use Permit in accordance with the provisions of Section 14.03.06: 1. Hospitals and convalescent homes. GC. Prohibited Uses 1. Travel trailers or motor homes, bases,tricks one and one-half(I%)tons and over and similar vehicles or apparatus shall not be stored or parked in front yards on a permanent basis. 2. Mobile homes as defined in this Code shall not be stored, parked or otherwise placed in an R-I residential district. 3 3. Sexually oriented businesses. " 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: Ordinance 2009-I-2 z Ibid 3 Ordinance 84-10-1 ° Ordinance 2006-7-1 [Article VIII] 2 [DRAFT REVISIONS] 5/3/2010 • I. Front yard. Twenty-five (25) feet from the front property line or fifty-five (55) feet from center line of existing right-of-way, whichever is greater. (Any yard adjoining a street shall be considered a front yard.) 2. Side yard. a. For a detached single-family home on an individual lot, a total of twenty percent (20%) of lot width at building set back line,but in no case shall a side yard be less than seven feet(7')on a side. b. For any lot that is part of a patio home or zero lot line subdivision, one side yard shall be at least seven feet(T)wide s 3. Rear yard. Twenty-five(25)feet from rear property. E. Height Limitation No structure shall exceed thirty-six(36)feet or three(3)stories, whichever is less. F. iSivii v Cl �- -� • 1. Single-Family detached dwelling, including patio homes. 2. Accessory structures and uses incidental to the principal use, located no closer than two and one- half feet(2%') to any property line. 3. Home occupations,as defined in this Code. 4. Noncommercial parks, playgrounds and forest preserves. 5. Churches and/or religious educational buildings. 6. Public or private, non-profit schools. 7. Temporary buildings for construction purposes for a period not to exceed the completion date of such construction. S. Utility substations(if no staff is required and screening is provided). S. ldenfi cafioij sighs, +jot io exceed a ictal of six(o`)square feet. 10. Single-family attached dwelling,including zero lot line homes. 11. Home-based child care facilities [up to 10 children] 12. Any uses is existence at the time of district creation B. Conditional Uses The following may be allowed by Conditional Use Permit in accordance with the provisions of Section 14.03.06: 1. Hospitals and convalescent homes. C. Lot Size 1. Except as provided below, every principal permitted use hereafter erected or located in the HR District shall have a lot area of not less than five thousand (5,000) square feet with a minimum width at the established building line of fifty feet(50'). 2. The minimum lot size and frontage provisions described herein shall not apply as they relate to the construction or reconstruction of single family residences on lots that exist and are platted within the City as of August 7, 1995, provided that the lots were formerly used for single family residential purposes, and further provided that only single family residential structures shall be constructed or reconstructed on such lots. All other provisions of this Code, including set back requirements,will remain in full force and effect. 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: • 4 [DRAFT REVISIONS] 5/3/2010 1. Front yard. Twenty-five (25) feet from the front property line or fifty-five (55) feet from center line of existing right-of-way,whichever is greater. (Any yard adjoining a street shall be considered a front yard.) 2. Side yard. a. For a detached single-family home on an individual lot, a total of twenty percent (20%) of lot width at building set back line, but in no case shall a side yard be less than seven feet (7') on a side. b. For any lot that is part of a patio home or zero lot line subdivision, one side yard shall be at least seven feet(7')wide 3. Rear yard. Twenty-five(25) feet from rear property. E. Height Limitation No structure shall exceed thirty-six(36)feet or three(3)stories,whichever is less. G. Prohibited Uses 1. Travel trailers or motor homes, buses, trucks one and one-half (1'/�) tons and over and similar vehicles or apparatus shall not be stored or parked in front yards on a permanent basis. 2. Mobile homes or manufactured homes 3. Sexually oriented businesses. 9 H. Creation of District New districts created after the effective date of this provision shall conform to the following requirements: 1. District Size-this District shall be no smaller than three(3)contiguous blocks, or six (6)contiguous half blocks. 2. Petition required—In order to form an HR District or include land in an already designated HR District, a petition must be filed and notice must be given in the same manner as set out in Section 14.03.05 for a rezoning of property. This petition must be signed by at least 60%of the landowners who hold title to at least 60%of the land within the proposed district. 3. Existing uses — existing uses in the HR District may be continued even in the event of the partial or complete destruction of an existing structure. Provided, however, if an historic stricture within an HR District shall be used as a single family residence, then that structure may not thereafter be used for any purposes other than single-family residential use. 9 Ordinance 2006-7-1 [Article VIII] 5 [DRAFT REVISIONS) 5/3/2010 • 14.06.03. General Family Residential District [R-21 This District provides a minimum lot area and yard requirements that are acceptable for a safe and healthy development. 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 R-2 District except for one or more of the following uses: 1. Single-family detached dwellings, including patio homes. 10 2. Two-Family Dwellings. 3. Multi-family Dwellings, including condominiums. 4. Boarding houses, including bed & breakfasts. 5. Retirement homes and assisted living facilities 6. Accessory structures and uses incidental to the principai use, iocated no cioser than two and one-half (2%)feet to any property line. 7. Home occupations, as defined in this Code. 8. Noncommercial parks,playgrounds and forest preserves. • 9. Churches and/or religious educational buildings. 10. Public or private, non-profit schools. 11. Temporary buildings for construction purposes for a period not to exceed the completion date of such construction. 12. Utility substations(if no staff is required and screening is provided). 13: Identification signs,not to exceed a total of six(6)square feet. 14. Manufactured Homes, as defined in section 14.02.01, Disifiet" bet,...1y with festriesia-PS "" c"t"a subject to the requirements of section 14.05.07. a. Pefimeter foundation enelesures shall be based en a pefmarient nattife and maintained at all times. El. Construetieft e fea..pert" garages,and eiher outbuildings shall comply with Bill" e f Assurances dd. PlaReem.ent of manufaetured homes shall eefin.ply with all other requirements as stated in R 2 zefie regulations. 'I 15. Single family attached dwellings, including zero lot line homes. 12 • 10 Ordinance 2009-1-2 Ordinance 2003-11-3 6 [DRAFT REVISIONS] 5/3/2010 I • 16. Child care facilities B. Conditional Uses The following may be allowed by Conditional Use Permit in accordance with the provisions of Section 14.03.06: 1. Private Clubs or Lodges. 2. Hospitals and Convalescent Homes. 3. Mobile Home Park. n Chad Cafe Faei1:.., 5. Rehabilitative Homes. 6 o f 1Oar .asdefined under Seetieft 140202 Definitions. 7. Branch library 8. Retail, service and office uses whose scope of operation and scale is oriented heavily toward the neighborhood in which it is located, and whose characteristics involve limited vehicular traffic, storage space requirements, signage, or parking. Examples of such uses might include convenience stores,beauty shops,salons,doctor or dentist offices,or similar activities. • C. Lot Size Every principal permitted use hereafter erected or located in the R-2 District shall have a lot area of not less than: 1. For single-family detached dwellings, including patio homes and zero lot line homes, a minimum of five thousand(5,000) square feet, with a minimum width at the building setback line of fifty feet(50'). 13 2. The minimum lot size and frontage provisions described herein shall not apply as they relate to the construction or reconstruction of single family residences or lots that exist and are platted within the City as of August 7, 1995, provided that the lots were formerly used for single family residential purposes, and further provided that only single family residential structures shall be constructed or reconstructed on such lots. All other provisions of this Code, including set back requirements, will remain in full force and effect. 3. For multi-family dwellings, a minimum of eleven thousand, five hundred (11,500) square feet, an additional two thousand(2,000) square feet per dwelling unit for a structure containing more than three (3)dwelling units. 4. For boarding and rooming houses, a minimum of two thousand (2,000) square feet per unit and in no case shall the minimum lot area be reduced below seventy-seven hundred(7,700)square feet. • 12 Ordinance 2009-1-2 13 ibid 7 [DRAFT REVISIONS] 5/3/2010 • 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 the centerline of existing right-of-way, whichever is greater. (Any yard adjoining a street shall be considered a front yard.) 2. Side Yard. a. For a detached single-family home on an individual lot, a total of twenty percent (20%) of lot width at building set back line, but in no case shall a side yard be less than seven feet (7') on a side. b. For any lot that is part of a patio home or zero lot line subdivision, one side yard shall be at least seven feet(7')wide. 14 3. A total of twenty(20)percent of the lot width at building setback line but in no case,shall a side yard be legs than seven (7)feet on a side 4. Rear Yard. Twenty-five (25)feet from rear property line. i E. Height Limitation No structure shall exceed thirty-six(36)feet or three(3)stories,whichever is less. • F. Vision Gleafanee On any eemer let, no wailed felleO, SigF1 Or Othff struetuFe OF plant greMh of a type whieh would ifltfffff with tr-affie visibil4y shall be pepmitted higher than t4ee (3) feet above the eufb level within fifteen (IS) feet of the «e of ttistreetfight vway lines. l_/fir �r �'Iz° �r,.,,EF G. Prohibited Uses 1. Travel trailers or motor homes, buses, trucks one and one-half(1%)tons and over and similar vehicles or apparatus shall not be stored or parked in front yards on a permanent basis. 2. The storing, parking or otherwise placing of a mobile home in an R-2 residential zoning district is prohibited except as allowed under Section 14.06.04. of this Code. I6 3. Sexually oriented businesses. 16 see4ien FrianUfa6WIFed homes, shall have a fninifniim dimension en eaeh side of at least 20 feet and 6hall eerrespand )afanee of the 9trurtures in the area and/or as defined by building eedes and/or es' nants, erdinanees, ete PfudeiWstaFtdai-d building pr etieesill be _.._._..,_a. 4 Ibid • IS Ordinance 84-10-1 16 Ordinance 2006-7[Article VIII] $ [DRAFT REVISIONS] 5/3/2010 ..f.. iri ni`� ..a said,fa.! un 3. All units eefistFueted OF set up in this distf:iet shall have the ffent deer. efiented towaird the ffent yafd unless ethefwise appfeved. The ffen!yaFd shall be defified as that paFt of yard f4eing a stfeet when street is present, and the vehiettlar arseess route when Fiet defined as a street. if the unit fFents an two StFeetS, the firont will noFmally, but not neeessafily, be the one identified by the postal sen,ice as the mailing address leeatieft. 4. All units eenstructed or set up in this distfiet that do nnt ha; - I ...I+ shall have a eaver-ed fiFent janding aeeessible by StaiFS and handfails if fieeessai-y. The landing shall he as least six feet by six feet, and shall be oriented to the firant yaf:d. All r-eefeever-ings shall be unifi3ffli. S. All units shall hwi,eeithef; a. A eafpar-t capable ofr,he o f fvr uoff..+..m.,.,1.:..1....arking s vi ar 13. An asphalt spaces. All-r;-u,;;rf-_661,5tf7,W ' s building eede or, in the ease of manufaotured housing, be anehered- in RPGRrdRn_re with the manufacturer's ifistruetions o the regulations ader warranty-. New-units defined as units purchased for-the first time fFefa an autherized dealeF after purehased from an autheFized deale (W and tinder"faetoF 14.06.04. Mobile Home Park A. Required Conditions 1. A mobile home park may be permitted by a Conditional Usc Pcrmit in the R-2 General Residential Zoning Districts. 2. The minimum area for a mobile home park shall be five(5)acres. 3. A mobile home park shall have a minimum of five mobile home spaces. 4. The park shall be located on a well-drained side, properly graded to insure rapid drainage and freedom from stagnant pools of water. B. Design 1. Lot Size Each mobile home space shall have a minimum of thirty-six hundred (3,600) square feet. A mobile home space shall be at least forty(40)feet in width. 2. Yard Areas Ordinance 2003-11-3 9 [DRAFT REVISIONS] 5/3/2010 • A mobile home space shall have yard setbacks of not less than seven and one-half(7'/2)feet on all sides. 3. Parking and Streets a. A mobile home space shall have two (2)off-street parking spaces, each nine(9)feet by twenty (20) feet. b. All mobile home spaces shall abut a hard-surfaced driveway of not less than twenty (20) feet in width which shall have unobstructed access to a public street. 4. Utilities a. Utility services to each mobile home space shall be in conformance with requirements for utility service in the subdivision regulations for single-family dwellings. b. Each mobile home space shall be provided with sanitary sewer and water service in a manner which meets the City sewer and water codes. 5. Screening All mobile home parks shall be screened around the perimeter by a six(6) foot, site-obscuring screen of permanent,year-round fencing and landscaping. 10 [DRAFT REVISIONS] 5/3/2010 I . CHAPTER 14.07. COMMERCIAL DISTRICTS Sections 14.07.01 Traditional Business District[T-1] 14.07.02 Commercial Community District[C-11 14.07.01. Traditional Business District IT-11 18 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 ,� � ,a . Th„ prcvisicna of this JV LIVID o .. .., s h o„.1 b c.,c.,. Lc L.c .Tii:,iLnu.;. rcyUirClilcnts :r 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. 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: 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, ' i " ''' '� ' "'""�'r" "2' • 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 Chapter 14.10.) 8. Garages and gasoline services 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(35) feet distant from any street or lot line and shall be underground. c. All automobile parts, dismantled vehicles and similar articles are stored within a building. s Ordinance 2001-6-1 [This ordinance amended Sections 14.07.01 —14.07.03.] 11 [DRAFT REVISIONS] 5/3/2010 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. 16. Main library B. Conditional Uses The following inay be allowed by Condiiionai Use Ferran in accordance with the provisions of Section 14.03.06. 1. Apartments, when the Commission finds they do not use any part of the front portion of the ground floor space, and do not interfere with the commercial nature of the neighborhood and do provide adequate parking. 19 • C. Prohibited Uses 1. Sexually oriented businesses. 20 D. 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. E. Height Limitation No restriction, except that facilities higher than five [five] stories shall require approval of the Fire Chief. E. Virion Clear-anee On any eamer lot, ne walled fence, sign E)F other stmeture er plant gFE),A4h which does fiet Ge"fefffl to downtown style ElFef a type whieh would interfeFe ivish traffic. visibi As-bilit), shall be pefmit4ed higher than thfee (3) feet . .. . ._b to.e rwitn:. r. [JRi.c .._ coverod at 4.0 .041 F. Lot Size • I9 Ordinance 2007-5-1 20 Ordinance 2006-7-1 [Article VIII] 12 [DRAFT REVISIONS] 5/3/2010 i No minimum size required. 14.07.02. Commercial Community District IC-11 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 twenty(20)feet from any street 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 Gproperties or the character of the District. 5. Eating establishments, including drive-in, "drive-through,carry-out'restaurants. 6. Main Banks and Branch Banks ' di p a through �r�h t and etherfi a1institutionseluding Modem banking sen,ices and pr-aetioes sush as bfekerage seFyiees, real estate seFviees, investments, 21 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 Chapter 14.10.) 14. Hospital and nursing homes. B. Conditional Uses Z' Ordinance 2000-8-1 i. 13 [DRAFT REVISIONS] 5/3/2010 i • The following may be allowed by Conditional Use permit in accordance with the provisions of Section 14.03.06.: 1. Driveinn cases. Light manufacturing/processing operations requiring very minimal outside storage,truck traffic and external noise,vibration, dust,odor or glare. C. Prohibited Uses 1. Sexually oriented businesses. 22 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: I. 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. hear Yard: 'Twenty (20)feet from the rear property line or center of alley where one exists. E. Height Limitations No restriction, except that facilities higher than five [5] stories shall require approval of the Fire Chief. F. Lot Size Every prineipal permitted use heFeaiqer- oreeted or leeated in the G 1 Distriet shall be a lot area of not less than ten thousand (10,000) squafe feet with a minimufn width at the established buikling line of eighty fee f8W No minimum required. F. utisienClearonee On any eer-ner let, no walled fence, sign or other strueWre or plant greA4h Of a type whirh WOUld iliteffefe with traffic visibility shall be pefrRitted higher than three(3) feet above the etifb level within fifteen cot ofth niersee .en efthe street c. -right-vs wu7-caxaccr.same This distriet provides spase to supply the ffequent shopping needs of the residential neighbor-hoods but; at the epreserve to a maximum the residential ehafaeter of the neighbefhoods served-. A. Permitted Uses Unless otherwise pFevided in the Code,no building ef land shall be used and no building shall be , eeRverted, enlarged str et.. all altered in the G 2 Commercial N hb 1. ad District e pt for one e friore Of the f 11...,.:.,.... • 22 Ordinance 2006-7-I [Article VIII] 14 [DRAFT REVISIONS] 5/3/2010 The pfevisiefis f this seetion or 'tle shall be held to be the minimum - for the p at:..n of the publie healih, sa",, fflarals and geneFal welfafe. la evef�, ease, the Plafifling Commission shall he granted flexibility ,] r-e-e-a-mmendation. 1. Bakeries(retail). 2. BarbeF Shops, 3. --Beauty perlers. 4. Cafes. S. Gandy afi&er lee Gfeafn shops. 6. Elinie Dental EIF Medieal. 7. Child Care-; aiai1r 8. Del€eatessens 9. l✓Irug-stores 10. Dry Gleaning esiablishents(self scFNivc, cctvrrattc1 : . H. rt 7piek up stations. 12. Apaftments: 19. Feed Star-es and Greeery stefes- 1n u. 15. 14a dwaEe steres. 16. LaunarieS (Autematie—Self Ser iee). 17. T—�;es. 18. *4�.r nar;k-ts: 19. OfPees. 20. Shoe repair. 21. Studies, for pr-ofessional wor4E and including the teaching ef an), form of fine arts, sueh as , ..hete ph 22. Aweessery buildings for-eenstfuetion purposes for a period not to emeeed the eempletion date of corrstfuetieft 23. Temporary buildings for 60FIStFUG60H purposes fbr a period net to exceed the eompletien date of mien 24. Churehes. • 26. Puolie or-private sehaeis: 15 [DRAFT REVISIONS) 5/3/2010 B. Eetid-itions of Use My use 13effni &iow, within a Y:Yletel7 e..elose, buildine • parked motor .Yhi vl c:-iac-ia!-PcmrcH Cv : 3. All busifiess establishments shall be retail or sem,ioe establishments dealing direefly with eustamers, Yxvi ssQiIi�,^-pI21T('p, ems; q aaF-aet SE;viee 3 Out"restaurants are pefffla in the C 2BiAFiet. Q Let size No requifement, except in the ease of apaAments, the lot aFea Shall be the safne as required in the R 2 C., el l n.....,.. Family=�irScrror l). Yard Areas No4mik4ng-gh41-be erecied :. `file e.d `::e.. the F it u:by v.rr a Y aura with Suet, build'.. ..t,•. et.,.•eof enlargement: rhe • Zi. Slue Yard:1. Front YaFd: Tweety five(25) feet Ifom the Ifont propeFty line or fifty five(55)feet Ifefft oenterline o existing right of way, whiehover- is gFeater. (ARy yard aE�oining a street shall be eansidered a ffen Se-,Ofi(7)-roet�.�.,_opo j 4R@. 3. Rear Yarm Twenty five(25) feet r ... rear ..e..., line. Y No stmeture shall exceed thiFty six(36)feet of iwo and ofte half(21,�) ue: t ter tin , F.`inion Uearmee On afly eerner lot, no --if-A P- 11 ..-- .-Fice, sign or otheF AFHoWre or plant groMh of a type whieh would interfefe with tr-affir.visibility shall be permitted higheF than thfee(3) feet above the eurb level within fifteen (IS)feet L- ..te eti.. ,.F the..t fd t}IP' t right of way lines. I l Ed.: <cc:Jv&of.+<Jt, f S. C. Prohibited Uses 1. Sexually oriented businesses,' • 21 Ordinance 2006-7-1 [Article VIII] 16 [DRAFT REVISIONS] 5/3/2010 CHAPTER 14.08 INDUSTRIAL DISTRICTS Sections 14.08.01 Light Industrial District[I-I] 14.08.02 General Industrial District[I-2] 14.08.01. Light Industrial District [I-1] The I-1 Light Industrial District is intended to accommodate light industrial, wholesale and research establishments including light manufacturing and machinery operations that are so conducted that noise, odor and glare of each operation is confined completely within an enclosed structure. The district is also intended to accommodate sexually oriented businesses whether they are of a wholesale or retail nature.24 The Industrial Districts specifically exclude residential dwelling units on the theory that the mixture of residential uses and the location orsexually oriented businesses 25 and industrial uses is contrary to the purposes of these regulations. A. Permitted Uses Unless otherwise provided in this Code, no buildings or land shall be used or no building shall be erected, converted, enlarged or structurally altered in the I-1 Light Industrial District except for one or more of the following uses: • 1. Any production, processing, servicing, testing, repair or storage of materials, goods, equipment or products and the sale of all such products assembled, manufactured or produced on the property but not including any of the uses listed as permitted in the I-2 General Industrial District in Section 14.08.02. 2. Wholesaling and warehousing, local cartage and express facilities. 3. Agricultural uses. 4. Accessory uses, including off-street parking and loading as permitted or required in Chapter 14.10. 5. Temporary buildings for construction purposes for a period not to exceed the duration of such construction. 6. Signs, as regulated by the City Ordinance and/or Municipal Code of Batesville, Arkansas B. Required conditions 1. All production, processing, servicing, testing, repair or storage of materials, goods, equipment or products shall take place within completely enclosed buildings. 2. No production of toxic or hazardous materials. 3. Sexually oriented businesses shall comply with all of the following further restrictions. • 24 Ordinance 2006-7-1 21 Ibid 17 [DRAFT REVISIONS] 5/3/2010 a. No sexually oriented business may not be operated within one thousand feet(1,000'),measured in a straight line, without regard to intervening structures or objects from the nearest property line of the sexually oriented business to the nearest property line of any of the following: 1. a church; 2. a church sponsored youth activity center; 3. a public or private elementary, secondary or post-secondary school or pre-school; 4. a public park; 5. a museum; 6. a licensed day-care or child care center; 7. an entertainment business that is oriented primarily towards children; 8. a boundary of any residential district; 9. a boundary of any commercial or traditional business district or a property iegaiiy used as a residential use in said commercial or traditional business use; 10. a boundary of a local historic residential district; 11. a boundary of a public park; • 12. a boundary of any facility primarily used or attended by persons under the age of eighteen (18); 13. a property on the National Register of Historic PIaces; 14. a property,place or establishment that sells or dispenses any alcoholic beverage; or 15. the boundary of another sexually oriented business. b. All activities of the sexually oriented business shall be carried on completely within enclosed buildings. c. All other provisions of the Sexually Oriented Business Ordinance shall apply. 26 C. Lot Size Fvei3' prineipal peffnk4ed use heFeafter efeeted or leeated in the 1 1 Light industrial Pistriet shall have a le area of not less than ien thousand(10,000)square feet, with a minimum width at the established building line f eighty (80)a No minimum required. 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: • 26 Ibid 18 [DRAFT REVISIONS] 5/3/2010 ® I. Front Yard. Twenty-five (25) feet from the 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. A side yard on each side of the zoning lot of not less than ten(10) feet. 3. Rear yard. Twenty-five(25)feet from rear property line. E. Height Restriction No building shall be OFeeted or alteFed to a height iR excess of seventy five (75) feet-. None,except that any structure higher than five [51 stories shall be approved by the Fire Chief. on any eemer let, ne walled fenee, sign er other stmetaFe OF PlaRt gf6lMh of a type whirah would interfer-e A.vith frFiffie visibility shall be pef!fnitted higher than three (3) feet above the eurb level within fifteen(15) feet F 1. ii4efseetion of the st« et right of way lifies. I fir,', cci v`i.;r?d aI. 14.0Z.041 14.08.02. General Industrial District [I-21 The I-2 General Industrial District is intended to accommodate those industrial uses which may not or cannot meet standards of the 1-1 District and is also intended to accommodate sexually oriented businesses whether they are of a wholesale or retail nature. The Industrial Districts specifically exclude residential dwelling units on the theory that the mixture of residential uses and industrial and the location of sexually oriented businesses is • contrary to the purposes of these regulations.27 A. Permitted Uses Unless otherwise provided in this Code, no building or land may be used and no building may be erected, converted, enlarged or structurally altered in the I-2 General Industrial District except for one or more of the following uses: 1. All uses permitted in the 1-1 Light Industrial District. 2. Salvage yard. 3. Bulk plants. 4. Feed mills. 5. Compressor stations. 6. Production of toxic or hazardous materials. 7. Sexually oriented businesses. za B. Required Conditions • 27 Ibid is Ibid 19 tDRAFT REVISIONS] 5/3/2010 • I. All production, processing, servicing, testing, repair or storage of materials or goods, equipment or products shall take place within completely enclosed buildings. All outside storage shall be screened by a site obscuring fence or shrub. 2. Sexually oriented businesses shall comply with all of the following further restrictions. a. No sexually oriented business may not be operated within one thousand feet(1,000'), measured in a straight line,without regard to intervening structures or objects from the nearest property line of the sexually oriented business to the nearest property line of any of the following: 1. a church; 2. a church sponsored youth activity center; 3. a public or private elementary, secondary or post-secondary school or pre-school; 4. a public park; 5. a museum; 6. a licensed day-care or child care center; 7. an entertainment business that is oriented primarily towards children; 8. a boundary of any residential district; 9. a boundary of any commercial or traditional business district or a property legally used as a residential use in said commercial or traditional business use; 10. a boundary of a local historic residential district; 11. a boundary of a public park; 12. a boundary of any facility primarily used or attended by persons under the age of eighteen (18); 13. a property on the National Register of Historic Places; 14. a property, place or establishment that sells or dispenses any alcoholic beverage;or 15. the boundary of another sexually oriented business. b. All activities of the sexually oriented business shall be carried on completely within enclosed buildings. c. All other provisions of the Sexually Oriented Business Ordinance shall apply. 29 C. Lot Size E'Ver-y pFineipal peffriitted use hereafter- ereeted er leeated in the 12 Genefal industrial Distfiet shall have lot aFea of not less ilian ten thousand (I0,000)square feet, with a minimufn wiEkh At the established buildin,g line of ei.hty iem�, No minimum requirement. • i9 Ibid 20 (DRAFT REVISIONS] 5/3/2010 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 property line orfifty-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. A side yard on each side of the zoning lot of not less than ten(10)feet. 3. Rear Yard. Twenty-five(25) feet from rear property line. F. Height Restriction feet.No building shall be ereeted er aftefed to a height in e)ieess of-seventy fiN,e (75) None, except that any structure higher than Leve [5) stories shall be approved by the Fire Chief. (�. Visieit Glearrfroc Ott an), eemer lot, no walled fenee, sign or eiher- structure or plant gfwmh of a type whieh would inteffery v4th trRffif; visibility shall be peFmitted height than dwee(3) feet above the eurb level ivit-hin fifleem (15) feet of the «t„ ..t:.. of th "tr.P'.P.t Fi htylines • • 21 [DRAFT REVISIONS] 5/3/2010 • • 22 [DRAFT REVISIONS] 5/3/2010