HomeMy WebLinkAbout2017-12-02 ORDINANCE NO.a20/-7 -- o'�
AN ORDINANCE TO AMEND VARIOUS PROVISIONS OF THE BATESVILLE ZONING
CODE; AND FOR OTHER PURPOSES.
WHEREAS, the Batesville Planning Commission became aware of concerns by local mobile food
vendors regarding current limitations placed on their operations via the Temporary Uses section of the
Batesville Zoning Code; and,
WHEREAS, the Batesville Planning Commission concluded that revisions to the code were
necessary and appropriate to clarify where food trucks and other mobile food vendors could conduct their
business and still protect the public interest in regulating such activities; and,
WHEREAS, the Batesville Planning Commission, after conducting a public hearing on June 5,
2017, has voted at its regular meeting on September 11, 2017,to recommend that certain items in Title 14
of the Batesville Municipal Code be revised.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BATESVILLE,ARKANSAS THAT CHAPTER 14.09 OF THE BATESVILLE ZONING CODE
IS HEREBY AMENDED AS FOLLOWS:
Section 1. Definitions
The following definition is inserted into the Batesville Zoning Code at 14.02.02 between "Marquee
or Canopy" and "Mobile Home": Mobile Food Vehicle. A food establishment preparing and/or
serving foods from a self-contained vehicle,either motorized or within a trailer,that is easily
movable without disassembling for transport to another location.Often called a food truck. Each
vehicle is considered a discreet unit for the purposes of this Code.
Section 2. Mobile Food Vehicles
A new subsection is added to 14.05.06. Temporary Uses,to read as follows:
F. Mobile Food Vehicles.
I. Site specific vehicles are those for which a permit is issued to operate at a fixed location
for not more than 180 continuous days per calendar year. This permit may not be
renewed until the following calendar year. Vehicles with a site specific permit are not
required to obtain a roaming permit in order to:
a. participate in any event sponsored or sanctioned by the City or sponsored by a
religious or educational non-profit organization,or;
b. serve solely to employees when invited to operate on company premises.
2. Roaming permit vehicles are those for which a permit is issued to operate in any
commercial or industrial zone when serving to the general public. The following
conditions apply to these units:
a. Permitted units are required to report their intended operating location on a daily
basis;
b. Permits are valid for one calendar year and are renewable;
c. Units may not stay in the same location overnight unless authorized in a special
multi-day event,or located in an authorized food court;
d. Units must have owner's permission when parked off-street; and,
e. Units may not park on any street unless such parking is set aside for such purposes at
a city sponsored or sanctioned event at which they are invited.
3. Permitted vehicles may operate only in zoning districts T-1,C-1, 1-1 or 1-2, unless an
authorized special event is located in any other zoning district.
4. All mobile food vehicles must indicate as part of the permitting process how and where
they will dispose of any waste.
Section 3. Temporary Use Chart
The Temporary Use Chart in Section 14.05.06 is amended to revise the row labeled "Food
preparation"as follows:
Temporary Use Type Permit Fees Limit Renewable?
Food preparation
Site Specific Food Truck Temporary Retail Yes $150 180 Days Annual
Roaming Food Truck Temporary Retail Yes $400 One year Annual
IF ANY PORTION OR PORTIONS OF THIS ORDINANCE ARE DEEMED OR HELD TO
BE INVALID,SUCH INVALIDITY SHALL NOT EFFECT THE REMAINING PORTION OR
PORTIONS OF THIS ORDINANCE.
IT IS SO ORDAINED.
IN WITNESS WHEREOF, we have set our hands this -&-day of 2017.
APPROVED:
RICK EL BAUGH, MAYOR_
ATTEST:
DENISE OHNST T� ERK
APPROVED AS TO LEGAL FORM:
Timothy Meitzen, City Attorney