HomeMy WebLinkAbout2025-07-01 ORDINANCE NO. 2025-07-01
AN ORDINANCE TO REVISE AND UPDATE TITLE 15 OF THE BATESVILLE
MUNICIPAL CODE (SUBDIVISION REGULATIONS); TO BE CONSISTENT WITH
RECENTLY ENACTED STATE LAW; AND FOR OTHER PURPOSES.
WHEREAS,the 95`'Arkansas General Assembly enacted and Governor signed Act 314 which prohibits
any municipality from enforcing planning regulations beyond their corporate limits;and,
WHEREAS,existing language in the Batesville Subdivision Regulations contain regulations applicable
beyond its corporate limits which were previously authorized;and,
WHEREAS,the City of Batesville desires that its regulations be consistent with state law;and,
WHEREAS,the Batesville Planning Commission conducted a properly advertised public hearing as
required by law on June 2,2025 to review this amendment;and,
WHEREAS,the Batesville Planning Commission,at its regular meeting on June 2,2025,recommended,
by unanimous vote,that revisions to make said Subdivision Regulations consistent with state law be adopted by
ordinance by the Batesville City Council;
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BATESVILLE,ARKANSAS:
Section 1. Amend Section 15.01.05, subsection(a)by deleting the words"or outside the corporate limits as
provided by law"
Section 2. Amend Section 15.02.01 by deleting the words"including the corporate limits of the city and the
extraterritorial limits as allowed under Arkansas Act 186 of 1957(A.C.A. § 14-56-413),or other
subsequent amendments or acts"
Section 3. Amend Section 15.02.05, subsection(a)by deleting the third sentence in its entirety.
Section 4. Amend Section 15.02.20, subsection(d)by replacing the wording with"The fourth step involves
acceptance of all public dedications as prescribed by the city council."
Section 5. Amend Section 15.02.30, subsection(d)(7)by deleting the words"or the county,whichever program
is applicable."
Section 6. Amend Section 15.03.01, subsection(b)(1)by deleting the words"within the planning area
jurisdiction"
Section 7. Amend Section 15.03.02, subsection(b)(1)by deleting the words"or the county" in the second
sentence.
Section 8. Amend Section 15.03.10 by deleting subsections(d)(2)and(f)(2) in their entirety
Section 9. Amend Section 15.03.11 by deleting the following:
"Building lines for plats outside the city limits but within the planning jurisdiction shall conform to
the following:
(1) Building lines and setback lines shall be a minimum of 50 feet from all industrial street right-
of-way lines and a minimum of 70 feet from all arterial street right-of-way lines.A minimum of
30 feet of setback shall be provided on all other property lines.
(2) Half of any adjacent permanent open space or easement retained by the grantor for utility or
other purposes or dedicated to the public shall be allowed as part of the required 30 feet of
setback,except that in no case shall the total separation between buildings on adjacent tracts or
lots be less than 60 feet."
Section 10. The revisions to the Batesville Subdivision Regulations recommended by the Batesville Planning
Commission are hereby adopted and Title 15 of the Batesville Municipal Code is thereby amended.
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 221 day of July,2025.
APPROVED:
RICK B ,
ATTEST:
d Ito
JESSICA DA S, LERK
APPROVED AS TO LEGAL FORM:
(7 MEITZEN, CITY ATTORNEY