HomeMy WebLinkAbout2012-05-01 ORDINANCE NO. �0 �-5-I
• AN ORDINANCE TO AMEND VARIOUS PROVISIONS OF THE BATESVILLE ZONING
CODE; TO REGULATE MOBILE HOME PARK; TO SET THE MINIMUM SIZE OF NEW
PARKS; TO DEFINE NON-CONFORMITY OF EXISTING PARKS; AND FOR OTHER
PURPOSES.
WHEREAS,the current minimum size required for the development of a mobile home park in
the City of Batesville is currently five(5)acres; and,
WHEREAS, such a large acreage requirement makes it difficult if not impossible to meet the
goal of providing increased affordable housing; and,
WHEREAS,there is confusion and inconsistent enforcement as to the circumstances under
which units can be replaced within existing mobile home parks which are considered"non-conforming"
because they did not meet code requirements adopted after their creation;and,
WHEREAS,there is a need to clarify the criteria and process for replacing units within existing
mobile home parks that is sensitive to the economic realities of park owners,yet advances the goals of the
City of Batesville for quality affordable housing; and,
WHEREAS,the Batesville Planning Commission has prepared recommendations to improve the
Batesville Zoning Code and conducted a properly advertised public hearing on February 6,2012 ,
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. Minimum Area
Revised Section 14.06.04.A.2. to read as follows:
2. The minimum area for a mobile home park shall be two(2)acres.
Section 2. Non-Conforming Use Standards
Insert the following new section 14.11.07. as follows:
14.11.07 Mobile Home Parks
Any mobile home park which existed lawfully prior to the adoption of this Code or any
amendments thereto, or which is included in an area annexed into the City, but which does not meet
the standards of Section 14.06.04 herein, is considered a non-conforming use. Such use may be
continued, provided that:
1. No existing unit may be replaced by a mobile home, as defined in section 14.02.02;
2. No unit may be replaced, nor any unit added, in any mobile home park that does not meet the
minimum area as required at section 14.06.04.A.2 of this Code.
3. The number of units in the park may not exceed the number of units for which the park was
originally designed, or the density standard of section 14.06.04, whichever is higher.
• However, whenever a lot in a park remains vacant for at least one year,the total number of lots
which may be occupied thereafter shall be reduced by the area of such vacated lot, provided
that the park shall not be required to reduce its density lower than the standard provided at
14.06.04.B.
4. The owner of the park shall apply for and secure a permit from the Code Enforcement Office
prior to replacing one unit with another,or placing a unit in a previously vacant lot of the park.
• The Code Enforcement Office shall determine that the movement of a unit onto the park will
meet the requirements of this Code and well as any other relevant City codes.
IF ANY PORTION OR PORTIONS OF THIS ORDINANCE ARE DEEMED OR HELD
TO BE INVALID,SUCH INVALIDITY SHALL NOT AFFECT THE REMAINING PORTION
OR PORTIONS OF THIS ORDINANCE.
IT IS SO ORDAINED.
IN WITNESS WHEREOF,we have set our hands this ',,day of `712!&L ,2012.
APPROVED: zs Qm
RICK ELUM11AUGH, MAYOR
ATTEST: Aj'no A) ky\
DNISE JOHNSTON, ERK
• APPROVED AS TO LEGAL FORM:
Lindsey Castleberry, City Attorney
•