HomeMy WebLinkAbout2018-05-02 ORDINANCE NO — (3,
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 businesses
that the standard parking requirements of the Batesville Zoning Code were not always sensitive or
appropriate to the unique parking circumstances of individual businesses; and,
WHEREAS,the Batesville Planning Commission concluded that revisions to the code were
necessary and appropriate to provide alternatives to standard commercial parking requirements and still
protect the public interest in regulating such activities; and,
WHEREAS,the Batesville Planning Commission, after conducting a public hearing on March 5,
2018,has voted at its regular meeting on March 5, 2018,to recommend that certain items in Title 14 of
the Batesville Municipal Code be revised; and,
WHEREAS,the Batesville City Council concurs in the recommendation of the Planning
Commission and agrees that flexibility in parking standards is appropriate and conducive to a positive
business climate.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BATESVILLE,ARKANSAS THAT CHAPTER 14.10 OF THE BATESVILLE ZONING CODE
IS HEREBY AMENDED AS FOLLOWS:
The following new sections are added to Chapter 14.10 of the Batesville Zoning Code to read as
follows:
14.10.07. Waiver of Standards
1. Applicants who wish to provide parking that is different in any respect from the design
requirements of Sections 14.10.02 -04 shall submit specific documentation, as part of the permit
procedure, which provides a detailed explanation of and justification for the reasons for a
departure from said design requirements. Such explanation shall, at a minimum, provide an
explanation of
a. The number of spaces proposed, if different from the standards of Section 14.10.04, with a
justification that reasonably anticipates the number needed for normal operations or use,
and, in the case of commercial uses, is sufficient to meet the likely demands of peak or near
peak use;
b. The likely impact of the proposed parking arrangement on traffic flows;
c. The proposed type of surface(s)will not adversely affect adjacent properties or streets in any
way.
2. The Enforcement Officer will conduct a technical review of the proposed design,with the advice
of the City Engineer and such other departments as is deemed advisable. The Enforcement
Officer may deny the requested waiver, or grant a waiver, in whole or in part, from the strict
adherence to the standards of Sections 14.10.02-04 only if it is determined that such waiver
would:
a. Not adversely affect nearby properties; and
b. Is consistent with the spirit and intent of this Code;and
c. Not create a conflict with any other City ordinance,regulation or policy.
14.10.08. Appeals
Applicants may appeal decisions of the Enforcement Officer to the Board of Zoning Adjustment."
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: Whereas 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 in full force and effect from the date of its passage.
IT IS SO ORDAINED.
IN WITNESS WHEREOF,we have set our hands this�, day of 1J, 2018.
APPROVED:
RICK EL ,
ATTEST: 0J
DE ISE JOHNSTO , CLERK
APPROVED AS TO LEGAL FORM:
THY MEITZEN, ' Attorney