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HomeMy WebLinkAbout2009-01-02 4 ORDINANCE • AN ORDINANCE TO AMEND THE BATESVILLE ZONING CODE. WHEREAS,The Batesville Zoning Code currently does not permit patio homes and zero lot line homes,and WHEREAS,to provide more flexibility in the types of homes available to its residents it is deemed desirable to allow these types of homes, and WHEREAS,current minimum lot sizes for residential use may discourage the platting of smaller lot subdivisions which could provide more affordable housing opportunities for our citizens. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF BATESVILLE, ARKANSAS THAT THE BATESVILLE ZONING CODE IS HEREBY AMENDED AS FOLLOWS: 1. Section III,Definitions, Subsection II,Definitions is hereby amended to add the following definition: a. immediately after"Open Sales Area" and immediately preceding "Principal Use": Patio Home. A one-family detached dwelling on a separate lot with open space setbacks • on three sides. b. immediately after"Yard or Setback, Side" and immediately preceding "Zoning Lot": Zero Lot Line Home. A patio home attached to a similar home on an adjacent lot. 2. Section V,Residential Districts, Subsection 1., R-1 Single-Family Residential District, Subsection A., Permitted Uses, is hereby amended to revise item number 1 and add item number 10,as follows: 1. Single-family detached dwelling, including patio homes. 10. Single-family attached dwelling, including zero lot line homes 3. Section V,Residential Districts, Subsection 1., R-1 Single-Family Residential District, Subsection C,Lot Size is hereby amended to read as follows: 1. Except as provided below,every principal permitted use hereafter erected or located in the R-1 District shall have a lot area of not less than five thousand(5,000)square feet with a minimum width at the established building line of fifty feet(50'). 2. The minimum lot size and frontage provisions described herein shall not apply as they relate to the construction or reconstruction of single family residences on lots that exist and are platted within the City as of August 7, 1995,provided that the lots were formerly • used for single family residential purposes, and further provided that only single family residential structures shall be constructed or reconstructed on such lots. All other provisions of this Code, including set back requirements,will remain in full force and effect. r 4. Section V,Residential Districts, Subsection 1.,R-1 Single-Family Residential, Subsection D, Yard Areas,Item 2, Side Yard is hereby amended to read as follows: • 2. Side yard. a. For a detached single-family home on an individual lot, a total of twenty percent (20%)of lot width at building set back line,but in no case shall a side yard be less than seven feet(7')on a side. b. For any lot that is part of a patio home or zero lot line subdivision, one side yard shall be at least seven feet(7')wide. 5. Section V,Residential Districts, Subsection III, R-2 General Family Residential District, Subsection A,Permitted Uses, is hereby amended to revise item number 1 and add a new number 15 as follows: 1. Single-family detached dwellings, including patio homes. 15. Single family attached dwellings, including zero lot line homes. 6. Section V,Residential Districts, Subsection III, R-2 General Family Residential District, Subsection C,Lot Size, item number 1. is hereby amended to read as follows: 1. For single-family detached dwellings, including patio homes,and zero lot line homes,a minimum of five thousand(5,000) square feet,with a minimum width at the building set back line of fifty feet(50'). 7. Section V,Residential Districts, Subsection III, R-2 General Family Residential District, Subsection D,Yard Areas,Item 2, Side Yard is hereby amended to read as follows: 2. Side Yard. a. For a detached single-family home on an individual lot, a total of twenty percent (20%)of lot width at building set back line,but in no case shall a side yard be less than seven feet(7')on a side. b. For any lot that is part of a patio home or zero lot line subdivision,one side yard shall be at least seven feet(7')wide. It is hereby found by the City Council that in order to promote continued residential growth an emergency is hereby declared and This Ordinance shall be in full force and effect from and after the date of its passage and approval. ADOPTEDTHISJ,2 day o 2009 APPROVED: • ATTEST: RIC AUGH,MAYOR I ou"Z 1 +7. DENISE JOHNSTON,CITYCLERK