HomeMy WebLinkAbout2017-12-03 ORDINANCE NO.-9n.1
AN ORDINANCE TO AMEND VARIOUS PROVISIONS OF THE BATESVILLE ZONING CODE; AND
FOR OTHER PURPOSES.
WHEREAS,the Batesville Planning Commission has determined, in consultation with the Chamber of
Commerce and other interested parties that a potential exists for food courts within the City; and,
WHEREAS, the Batesville Planning Commission concluded that revisions to the Zoning Code would be
necessary and appropriate to clarify where mobile food vendors could locate at a group location and the site
criteria to protect the public interest in the location and operation of such activities;and,
WHEREAS,the Batesville Planning Commission,after conducting a public hearing on October 2,2017, has
voted at its regular meeting on November 6, 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 THE FOLLOWING CHAPTERS OF THE BATESVILLE ZONING
CODE ARE HEREBY AMENDED AS FOLLOWS:
Section 1. Definitions
Add a new definition to 14.02.02 after"Marquee or Canopy"
Mobile food court. A parcel of land where two or more mobile food vehicles congregate to offer food or
beverages for sale to the public as the principal use and permanent use of the land. This definition shall not be
interpreted to include a congregation of mobile food vehicles as a secondary,accessory, and/or temporary use on
existing commercially developed or zoned properties.
Section 2. Mobile Food Courts
Insert a new section to Chapter 14.05
14.05.10. Mobile Food Courts
A. Application Requirements
Property owner may apply to the Code Enforcement Office on such form or forms as may be required to
confirm compliance with the standards herein. An application shall include a detailed site plan of the
proposed food court, showing the location and dimensional relationships of property lines,all proposed
mobile vendor locations, setbacks, vehicle parking, sidewalk location, and proposed dining or sitting
areas.
B. Location Requirements
1. Mobile food courts may locate only in those zoning districts where permitted by right.
2. No mobile food court may locate within 50 feet of an existing restaurant.
3. Each mobile food court shall be located at least 150 feet from any one or two fain ily use or one or any
residential zoning district, measured from property line to property line.
C. Site Development Standards
I. All setback requirements in the underlying zoning district shall be adhered to.No mobile food unit,
structures associated with the mobile food court, nor any associated seating areas shall be located in
a required zoning setback, buffer yard,access easement, drainage easement, floodplain,driveway,
utility easement and/or fire lane(s);
2. There shall be at least ten feet of clearance between all individual mobile food units and all
permanent,accessory or non-accessory structures;
3. Each mobile food unit shall be located on an all weather surface pad as approved by the City
Engineer;
4. Vehicular drive-through service of food and/or beverages shall not be permitted;
5. All mobile food unit related activity, such as seating, must occur within 25 feet from the associated
mobile food unit or within a communal arrangement serving all of the mobile food units;
6. All mobile food units and related activities must comply with the State Fire Code;
7. The placement of the mobile food unit shall not impede traffic nor visually impair any motor
vehicle operation within a parking lot,driveway or street;
8. Adequate restroom facilities shall be provided either on-site orthrough a shared use agreement with
a neighboring business. Portable toilets, if used, must be screened from view of the public;
9. Electrical service may be provided to the mobile food units by a permitted temporary electrical
connection(or other permitted connection provided by an electric utility)or on-board generators.
The use of on-board generators shall require sound absorbing devices used to contain or deflect
noise from any external generator. Above ground utility connections shall not interfere with
pedestrian or vehicular safety and shall not be located in customer service areas or customer
parking areas. All utilities must meet applicable city codes,including water and sewer;
10. Garbage and trash receptacle/collection must be approved by the Batesville Sanitation Department.
11. All mobile units must have a current permit, roaming or site specific, issued by the City
Section 3. Add Mobile Food Courts as a Permitted Use in the following Zoning Districts:
A. Amend section 14.07.01.A. (Traditional Business District,T-1)to add
19. Mobile Food Courts
B. Amend section 14.07.02.A.(Commercial Community District,C-1) to add
18. Mobile Food Courts
C. Amend section 14.08.01.A.(Light Industrial District, 1-1)to add
9. Mobile Food Courts
D. Amend section 14.08.02.A. (General Industrial District, 1-2)to add
9. Mobile Food Courts
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 �(I day of 17.
APPROVED: =
RICK ELUMBAUGH, MAYOR
ATTEST:
DENISE JOHNSTON, CLERK
i
APPROVED AS TO LEGAL FORM:
Timothy Meitzen,City Attorney