HomeMy WebLinkAbout2019-11-01 ORDINANCE NO.2019-11-01
AN ORDINANCE TO AMEND VARIOUS PROVISIONS OF THE BATESVILLE ZONING
CODE; TO ADD A DEFINITION; TO CLARIFY ZONING DISTRICTS IN WHICH A CERTAIN
USE IS PERMITTED CONDITIOANLLY; AND FOR OTHER PURPOSES.
WHEREAS,the Batesville Planning Commission determined that the Batesville Zoning Code
needs an additional definition to clarify that certain residential uses that are accessory to a primary
business or industrial use may be permitted conditionally in certain zoning districts; and,
WHEREAS,the Batesville Planning Commission has prepared recommendations to improve the
clarity of the Batesville Zoning Code and conducted a properly advertised public hearing on November 4,
2019;and,
WHEREAS,the Batesville Planning Commission voted at its regularly scheduled meeting on
November 4,2019 to recommend that the City Council amend the Batesville Zoning Code to
conditionally permit certain residential uses within Community Commercial(C-1)zoning districts as
necessary and appropriate to the development of the city.
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. Definitions
The following definition is inserted into the Batesville Zoning Code at 14.02.02, between"Lodging
Room"and"Manufactured Home"
Manaizer/Caretaker Residence. The facility,where permitted in any commercial, industrial or planned
development zoning district, serving as permanent family living quarters in a motel/hotel, business or
special area for the purposes of managing the grounds and buildings and/or for security purposes. Such
facility must clearly be accessory to the primary commercial or industrial use and occupied solely by an
owner or employee of the business or industry to which it is accessory. It may be either attached or
detached,but in no case may it exceed fifty percent(50%)of floor area of the primary use of the property,
or twelve-hundred(1,200)square feet,whichever is less.
Section 2. Conditional Use Added
Add the following at 14.07.02.B.
6. Motel Manager/Caretaker Residence
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.
EMERGENCY CLAUSE: Where as it is necessary to affect 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 after its passage.
IT IS SO ORDAINED.
IN WITNESS WHEREOF,we have set our hands this 12th, day of November, 2019.
APPROVED:
RICK EL AUG
ATTEST:
PENISE JOHNST N, CLERK
APPROVED AS TO LEGAL FORM:
T HY M ITZE �ITYATTORNEY