HomeMy WebLinkAbout11-3-2025 Planning Commission Agenda
BATESVILLE PLANNING COMMISSION
Monday: 11/3/2025
BATESVILLE CITY HALL
5:30 P.M.
Agenda
1. Call to Order
2. Roll Call
3. Recognition of Quorum
4. Approval of Agenda
5. Approval of Minutes
6. Continuing review of draft revisions to definitions and residential use zoning provisions [public hearing]
7. Old Business
Draft revisions to zoning code chapter 14.07 (commercial zoning districts)
Draft revision to zoning code chapter 14.08 (industrial zoning districts)
Proposed deletion of current chapters 14.13, 14.20 and 14.28
8. New Business
9. Adjourn
Agenda Item 5: October 8, 2025 Minutes
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CITY OF BATESVILLE
500 E. Main St.
Batesville, AR 72501
870-698-2400
www.cityofbatesville.com
Planning Commission Minutes October 6, 2025
1. Call to Order - Pursuant to due notice, the regular monthly meeting of the Planning Commission was
called to order at 5:31 P.M.
2. Roll Call -
Chairman Christopher was absent so Vice Chairman McMullin served as acting Chairman.
Mr. Baker took meeting notes and Mr. Middleton agreed to assist with proofing and editing of
draft minutes.
Present were members Kyle McMullin, Joey Markowski, Clark Baker, Micah Bryant, and
Megan Ramsey.
Absent were members Kyle Christopher and Jeffery Freiert.
Also in attendance were Code Enforcement Officer Chad McClure, Consultant Rob Middleton,
and City Council Liaison Lackey Moody.
One member of the public was present for the first half of the meeting, but left as the
Commission discussed agenda item 6.
3. Approval of Agenda - Mr. Markowski requested an amendment to the agenda to include a discussion
regarding public notice. It was decided that the topic would be addressed during Old Business. The
agenda was approved as revised.
4. Recognition of Quorum - There being five members present, a quorum was declared.
5. Approval of Minutes - Minutes of the September 8, 2025 were included with the agenda provided via
email prior to the meeting and a print copy was provided at the meeting.
Mr. Markowski made a motion to approve the meeting minutes.
Mr. Bryant seconded.
McMullin, Baker, Bryant, Markowski, and Ramsey all voted to approve.
6. Continuing review of draft revisions to residential use zoning provisions [public hearing]
Discussion was had regarding changes in accordance with recent amendments to state statute,
specifically regarding accessory single family residential uses on properties zoned for single-
family residential or currently used for single-family residential, regardless of zoning. Mr.
Middleton noted the law prohibits a city or county from prohibiting such accessory use and he
therefore recommends revisions to the zoning code to reflect the new law. He also noted that the
law allows for accessory single-family use to be attached to the primary single-family use
which was, in effect, a duplex. Several members noted that this effectively eliminated the
single-family only status of the R-1 zoning district.
In response to a question as to whether the requirement also applied to private covenants, Mr.
Middleton explained that it did not.
Agenda Item 5: October 8, 2025 Minutes
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Mr. Middleton also noted that the term “dwelling, one family” is mentioned only 5 times in the
Code, and only in the definition, while “single-family dwelling” is used 31 times. He
recommended modifying the definition to read “also known as a single-family dwelling located
in a single structure containing only one dwelling unit as defined herein as dwelling units
defined, whether detached or where permitted, attached separately by not more than one wall to
an accessory dwelling unit."
Mr. Middleton recommended that the code should also be changed to state that the Code
Enforcement Officer be appointed by the Mayor instead of designated by the City Council. He
noted that this provision was probably a carry-over from the earliest days of the old zoning
ordinance and did not reflect current administrative reality.
Extensive discussion was had regarding setback and density requirements for the R-2 zoning
district. Mr. Markowski was concerned that the proposed revisions do not clarify the issue as is
the goal. It was agreed that the standards should be
o for single-family residential plus permitted accessory uses, a proposed minimum lot size of
3,000 sq ft with a 30 ft minimum lot width;
o single family attached or duplex, 5,000 sq ft with a 50 ft minimum lot width;
o for anything exceeding a duplex, 8,000 sq ft plus 2,000 sq ft per unit
Mr. Middleton explained his revisions regarding “front” and “side” yards on corner lots to avoid
“double frontage” that setbacks could render a lot undevelopable.
Discussion was had regarding “mobile homes” and “mobile home parks.” Mr. Middleton
explained his recommended revisions to clarify that:
o “mobile homes” are no longer allowed in Batesville, other than on a nonconforming basis,
but that “manufactured homes” are and that the term “mobile home parks” should be
changed to “manufactured home parks; and
o this section of the code be moved to avoid any perception that a manufactured home park is
a separate zoning classification.
There was a brief discussion as to whether the advertised public hearing should be conducted
this evening or postponed until November. Mr. Middleton was concerned about tabling a public
hearing 3 months in a row. Mr. Baker made a motion to postpone the public hearing to the next
meeting scheduled in November; Mr. Bryant seconded the motion. Motion was unanimously
approved.
7. Draft revisions to zoning code chapter 14.07 (commercial zoning districts)
Mr. Middleton asked if the use “automobile sales, service repair, and storage” still an
appropriate provision for T1 (downtown). It was decided that it is still appropriate.
Mr. Middleton explained that in congruence with the state law that if you have an existing
single-family residential structure existing in a commercial zone you still have to permit an
accessory single-family structure on the lot.
Mr. Middleton explained that a provision in the subdivision regulations required a 40-foot
buffer on any commercial property that abutted a single-family residential use or zoning
district. He felt that it should also be in the zoning code as well.
Mr. McClure informed the Commission that he has been approached by individuals with
potential interest in RV Parks. There was a discussion regarding if a designated use be added to
Commercial zoning to allow for that use with proper planning and regulation.
Agenda Item 5: October 8, 2025 Minutes
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Mr. Markowski suggested we go ahead and address that now instead of later.
Mr. Baker requested clarification if the discussion is regarding RV Parks vs Mobile Home
Parks.
Mr. Middleton asked if we wanted to include any proposed RV Park regulation with the current
draft or discuss it at a later date separately. Mr. Markowski asked if a draft could be emailed to
the members prior to the next meeting and Mr. Middleton said that is possible.
8. Draft revisions to zoning code chapter 14.08 (industrial zoning districts)
No changes made from recommendations made in September meeting and no discussion.
9. Draft revisions to zoning code section 14.11.07
No changes made from recommendations made in September meeting and no discussion.
10. Proposed deletion of current chapters 14.13, 14.20, and 14.28
Mr. Middleton explained that he is removing these chapters to further clean up the code to more
accurately represent current circumstances.
11. Old Business
No old business.
12. New Business
Mr. Markowski introduced discussion regarding public notice. There was discussion about
minimum requirements in accordance with state statute and what if anything further could be
done by the city to keep its citizens appropriately informed. He noted that a group of citizens
had met with City staff upset that a property had been rezoned and that nobody had any prior
knowledge of the proposal.
Mr. Bryant suggested that the City Council and the City Attorney should make this decision.
Mr. Middleton stated that he had been approached by a City Council member asking if the
Commission could legally require applicants to notify neighbors and/or property owners within
a set perimeter of upcoming hearings regarding any zoning changes or variance requests. Mr.
Middleton explained the procedural requirements that would be necessary to make such
changes.
Mr. Markowski asked if the board needs to make a suggestion to the City Council to address
this issue in their next meeting (10/7/2025).
Discussion about various steps that could be taken to improve the quality of public notice,
including:
o a suggestion that the City should post on its website the agenda of the upcoming meeting,
which included any staff review, and minutes from the previous meeting. There was general
agreement that this might be the most effective method to inform the public.
o a suggestion that the City provide staff to serve as a secretary to take notes during future
Commission meetings as a means to improve timeliness, and possibly comprehensiveness,
of the minutes.
o Possibly using some social media outlets, such as Facebook, to make meeting
announcements
While some form of mailing notices to nearby neighbors was discussed, it was generally
discounted as being very effective. Some concern about pushing public involvement too much,
Agenda Item 5: October 8, 2025 Minutes
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which could be unfair to applicants if too many “anti’s”; everyone agreed that basing decisions
on the facts was important to counter too much emotional arguments.
13. Adjourn
Mr. Baker made a motion to adjourn. Ms. Ramsey seconded the motion.
The vote to adjourn was unanimous and passed at 6:55 P.M.
PASSED AND ADOPTED THIS 6th DAY OF November , 2025.
Kyle McMullin, Vice-Chairperson Clark Baker, Secretary
Agenda Item 6: Draft revisions to Zoning Code definitions and residential use provisions
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Revisions to Chapter 14.02.02. Definitions
Add the following definition between “Accessory Use” and “Alley”
Accessory dwelling unit. A self-contained and independently accessed living unit on the same parcel as a
single-family dwelling of greater square footage that includes its own cooking, sleeping, and sanitation
facilities and complies with or is otherwise exempt from any applicable regulatory requirements. Said dwelling
may attached, detached or internal to the single-family dwelling on the lot or parcel.
Add the following definition between “Child Care Facility” and “Children’s Advocacy Center”
Child Care Home Facility. A childcare setting in which the caregiver provides child care in a family residence
or a residence with a homelike environment for up to sixteen (16) children. In making an application for this
use, an applicant must indicate whether the home will be operated as a Registered Child Care Family Home (5
or less children) or a Licensed Child Care Family Home (6-16 children)
Add the following definition after the definition of “Manufactured Home”:
Manufactured Home Park. A parcel of land upon which five (5) or more manufactured homes are harbored,
temporarily or long term, for rent or other form of charge, subject to the siting requirements of this Code.
Add the following after “Yard or Setback, Side”
Yard or Setback, Side (Street Side). The area on a corner lot extending from back of the front yard extending to
the rear property line which shall meet the requirements for such side yards in the respective zoning districts.
Revise the following:
Building Setback Line. Also known as a Yard or Setback, a line parallel to the property line or street line at a
distance from it, regulated as defined by the setback requirements set up in this Code each zoning district.
Dwelling, One-Family. A dwelling unit designed exclusively for use and occupancy by one family. Also
known as a single-family dwelling located in a single structure containing only one dwelling unit as defined
herein, whether detached or, where permitted, attached separately by not more than one wall to an accessory
dwelling unit.
Family. Any number of individuals living and cooking together on the premises as a single housekeeping unit.
A family shall be deemed to include the necessary servants.
Yard or Setback. Add the following graphic
Yard or Setback, Front. Any yard adjoining a street shall be considered a front yard except in the instance of a
corner lot in which case only the side which is addressed shall be considered as the front yard and shall meet all
of the requirements for front yards in the respective districts throughout this Code as provided for in Section
14.11.06.
Agenda Item 6: Draft revisions to Zoning Code definitions and residential use provisions
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Yard or Setback, Side (Interior Lot). The area extending along a side lot line, adjacent to another property, from
the back of the front yard to the rear yard property line.
Revisions to Chapter 14.03.01. Enforcement Officer
Revise the following:
The provisions of these regulations shall be administered by an enforcement officer designated by the City Council
Mayor.
Revisions to Chapter 14.05
Revise the following
14.05.03. Principal Structure on Lot
In residential districts only one principal structure and its customary or permitted accessory structures may hereafter
be erected on any lot unless otherwise provided in this Code.
The equipment of an accessory structure with sink, cook stove or other kitchen facilities for the independent
occupancy thereof other than by servants or guests shall be considered evidence that such structure is not an
accessory structure but a separate dwelling and must meet all minimum lot area and yard requirements of the
district in which it is located.
Add the following (Moves 14.06.04. Mobile Home Park and renames)
14.05.11. Manufactured Home Parks
A. Lot Requirements
1. The manufactured Home Park shall:
a. have a minimum site area of at least two (2) acres.
b. have front, side, and rear yard setbacks of at least twenty-five feet (25’) from all property lines;
c. have a minimum of five mobile home spaces
d. be located on a well-drained side, properly graded to insure rapid drainage and freedom from
stagnant pools of water; and,
e. be screened around the perimeter by a six foot (6’), site-obscuring screen of permanent, year-round
fencing and landscaping
2. Each unit space shall:
a. be a minimum area of thirty-six hundred (3,600) square feet;
b. have setbacks of not less than seven and five feet (5’) on all sides;
c. be at least forty feet (40’) in width
B. Design
1. Parking and Streets
a. Each unit space shall have two (2) off-street parking spaces, each nine feet (9’) by twenty feet (20’).
b. All unit spaces shall abut a hard-surfaced driveway of not less than twenty feet (20’) in width which
shall have unobstructed access to a public street.
2. Utilities
a. Utility services to each unit space shall be in conformance with requirements for utility service in the
subdivision regulations for single-family dwellings.
b. Each unit space shall be provided with sanitary sewer and water service in a manner which meets the
City wastewater and water codes.
Agenda Item 6: Draft revisions to Zoning Code definitions and residential use provisions
DRAFT - 7 - DRAFT
Add the following
14.05.12. Accessory dwelling units (New subsection)
One (1) accessory dwelling unit is permitted by right in any residential zoning district or on any lot or parcel in any
other zoning district containing a single-family dwelling. This accessory residential dwelling unit:
A. may be attached or detached or internal to the single-family dwelling. If attached or detached, it shall not be
more than seventy-five percent (75%) of the gross floor area of the single-family dwelling or one thousand
square feet (1,000 sq. ft.), whichever is less;
B. shall be subject to the same setback requirements, maximum building heights, minimum lot sizes, maximum
lot coverages or other requirements applicable as those for the single-family dwelling on the lot;
C. shall not require separate water and sewer from the primary structure.
Revisions to Chapter 14.11
14.11.07. Manufactured Home Parks
Any mobile or manufactured home park which existed lawfully prior to the adoption of this Code or any
amendments thereto, or which is included in an area annexed into the City, but which does not meet the standards
of Section 14.06.04 herein, is considered a non-conforming use. Such use may be continued, provided that:
1. No existing unit may be replaced by a mobile home, as defined in section 14.02.02;
2. No unit may be replaced, nor any unit added, in any mobile home park that does not meet the minimum area as
required at section 14.06.04.A.2 14.05.11.A.1.a. of this Code.
3. The number of units in the park may not exceed the number of units for which the park was originally
designed, or the density standard of section 14.06.04 14.05.11, whichever is higher. However, whenever a lot
in a park remains vacant for at least one year, the total number of lots which may be occupied thereafter shall
be reduced by the area of such vacated lot, provided that the park shall not be required to reduce its density
lower than the standard provided at 14.06.04.B 14.05.11.B.
Revisions to Chapter 14.06. Residential Zoning Districts
To summarize the changes to this chapter, other than format:
For permitted/conditional/prohibited uses
added accessory single-family dwelling units to all residential zones
combined bed & breakfast uses with boarding house uses
explicitly listed uses as “prohibited” if they were either “permitted” or “conditional”
For area requirements
changed accessory structure setback from 2½ feet to 5’
changed front yard setback in R-1 and R-2 from “25 feet or 55 feet from centerline” to 20 feet from right-
of-way line
changed side yard setbacks to 5 feet for internal residential lots and 15 feet for the street side on corner lots
added a lot measurement location for cul-de-sac lots to be consistent with subdivision regulations
For mobile home parks
moved entire section to chapter 14.05.12 and renamed to clarify that this is not a zoning district and that
“mobile homes” are not allowed in the City
Agenda Item 6: Draft revisions to Zoning Code definitions and residential use provisions
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CHAPTER 14.06
RESIDENTIAL DISTRICTS
Sections
14.06.01 District Descriptions
14.06.02 Permitted Uses
14.06.03 Area Requirements
14.06.01. District Descriptions
R-1 Single Family Residential: this district provides for single-family residential developments of relatively
spacious character, together with churches, recreational facilities and other similar uses as may be necessary or
normally compatible with residential surroundings.
HR Historic Residential: this district is comprised of an area where there are a significant number of historic
structures used as residences, whether or not a majority of the structures meet the more stringent National Historic
Register or State Historic Place designation standards.
R-2 General Family Residential: this district allows for greater diversity in residential types from single-family to
larger multi-family apartments or condominiums, while allowing greater flexibility in lot size and area
requirements. It also permits on a conditional basis some commercial uses which are predominantly oriented to
serve the neighborhood in which they are located. Where housing types are mixed, the reasonable and appropriate
protection of overall neighborhood stability shall be maintained to the extent possible.
14.06.03. Permitted Uses
[P = Permitted C = Conditionally Permitted X = Prohibited]
Use R-1 HR R-2
Residential
Boarding houses [including Bed & Breakfasts] C C P
Manufactured homes X X P
Manufactured home parka X X C
Mobile homes [not in a mobile home park] X X X
Multi-family dwellings, including apartments, condominiums & townhouses X X P
Retirement homes [and assisted living facilities] X X P
Single family detached, including patio homes P P P
Single family attached, including zero lot line homes P P P
Two family dwellings X C P
Accessory single-family dwelling P P P
Community and Public
Child advocacy center C P C
Child care facility C X P
Child care [home based – up to 10 children] P P P
Churches P P P
Convalescent homes, including nursing homes C C C
Halfway House X X C
Homeless Shelter X X C
Hospitals C C C
Libraries [Branch] P X C
Low impact cultural and recreational facilities C X C
Non-commercial parks, playgrounds, forest preserves P P P
Private clubs or lodges X X C
a Subject to the requirements of Section 14.05.12
Agenda Item 6: Draft revisions to Zoning Code definitions and residential use provisions
DRAFT - 9 - DRAFT
Public facilities such as quiet offices not involving incarceration C X P
Public or private, non-profit schools P P P
Quasi-public facilities such as vocational training/educational C X C
Rehabilitative homes X X C
Religious educational buildings P P P
Other
Accessory structure or use P P P
Any use existing at time of district creation b P P P
Broadcast media and wireless communication towers C C C
Convenience stores X X C
Forest preserves P P P
Home occupations (subject to the provisions of 14.05.05) P P P
Neighborhood commercial, office and service use X X C
Sexually oriented business X X X
Signs [as regulated by Chapter 14.14] P P P
Studios [for professional work – teaching, art, photography, dance] X X C
Temporary buildings for construction purposes P P P
Travel trailers, motor homes, buses, trucks in front yard X X X
Utility substations [no staff, with screening] P P P
14.06.02. Area Requirements
All setbacks shall be measured from the property line or projected Master Street Plan right-of-way, whichever is
greater. No building or land shall be used and no building shall be erected, converted, enlarged, or structurally
altered unless the following requirements are met c.
Zoning
District Primary use d Minimum Lot
Area
Minimum Lot
Width e
Setback Requirements Maximum
Height Front f Side g Rear
R-1
Detached single family 5,000 sq. ft 50 ft 20 ft 5 ft 15 ft 36 ft Attached single family
Non-residential N/A N/A 25 ft 25 ft
HR
All primary uses 5,000 sq. ft 50 ft 25 ft 5 ft 25 ft
36 ft Accessory uses 5 ft
Non-residential N/A N/A 25 ft 25 ft
R-2
Detached single family 3,000 sq. ft 30 ft.
20 ft 10 ft 20 ft
36 ft Attached single family h 5,000 sq ft 50 ft
Triplexes and above, or
any combination of
buildings with 2 or more
units
8,000 sq. ft +
2,000 sq. ft per
unit
70 ft 50 ft
Boarding or rooming
house
2,000 sq ft/unit
not less than
7,700 sq ft
25 ft 25 ft 25 ft 36 ft
Non-residential N/A N/A 25 ft 25 ft 25 ft 36 ft
b Any use existing at the time a property is rezoned or when any revision to district standards is enacted are automatically permitted as a
non-conforming use
c Existing lots of record that do not meet the requirements in this table may be used subject to requirements of Chapter 14.11.
d All lot requirements for single-family residential structures also apply to accessory residential dwelling units
e Lot width measured at the building line (setback) except for lots abutting a cul-de-sac, where the average width of lot shall be used
f Measured from street right-of-way line.
g On at least one side for attached single-family residential; 15’ for corner lots on the street side yard (not front) of the lot
h Includes attached accessory single-family dwellings and not more than a single two-family dwelling
Agenda Item 7: Draft revisions to Zoning Code chapter 14.07 – commercial zoning districts
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For permitted uses
question whether automobile sales, service repair and storage belongs in T-1
question whether drive-in eating establishments are appropriate for T-1
question location of C-1 commercial design requirements
For area requirements
added buffer requirement next to residential use or zone of 40 feet with 6-foot fence, minimum 15 feet in
vegetation cover (from Subdivision regulations)
changed maximum permitted height in T-1 to 50', higher with approval of Fire Marshal
Add a new permitted use in C-1 (Recreational Vehicle Parks) a definition at 14.02.02 and display use requirements
at a new 14.05.14
Add the following definition between “Public Utility” and “Rehabilitative Home”
Recreational vehicle park. A parcel of land where three or more spaces are occupied or intended for temporary
occupancy by recreational vehicles for transient dwelling purposes.
Add the following
14.05.14. Recreational Vehicle Parks
A. Park Requirements
1. Permanent residency of any use other than a caretaker/site manager is prohibited and that transient length
of stay is limited to not longer than six (6) months in any twelve (12) month period
2. If three or more spaces, review by and approval of the Arkansas Department of Health of the facilities
design, environmental and open space requirements
3. Occupancy spaces
a. Minimum of 25 feet in width and 50 feet in length
b. Parking slab, at least 4 inches thick and at least 10 feet in width and 20 feet in length, arranged in such
a way that it does not abut the parking slab of an adjacent space. Minimum distance of RV’s from
space boundary of 5 feet resulting in minimum separation of adjacent vehicles of 10 feet.
4. Accessory uses customarily associated with operation of an RV Park, such as recreational facilities,
office, storage structures, coin operated laundries, and bath house and restroom facilities are permitted.
No structure housing accessory facilities shall have direct access from any public street but shall be
accessible only from a street or drive within the park.
5. Minimum setbacks:
a. Front: 25 feet from any public street or 50 feet from any state or federal highway
b. Side and rear: 25 feet
b. buffer in addition to setback from any adjacent residential use or residential zoning district. Buffer
may be a fence, wall and/or landscape screening. Any other design must be approved by the Planning
Commission.
6. Three (3) off-street parking shall be provided for each two spaces
7. Traffic and access
a. All occupancy spaces shall be accessed from an internal drive and not from a public street or highway.
Agenda Item 7: Draft revisions to Zoning Code chapter 14.07 – commercial zoning districts
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b. Each traffic and/or parking lane shall be a minimum of ten feet (10’) feet wide; the minimum width
for a one-way road with parking on one side would be twenty (20) feet. A two-way drive would be at
least thirty feet (30’) in width.
Curves and turning radii shall be constructed to safely handle vehicles eight and one-half (8.5) feet
wide and up to forty (40) feet long. All vehicle circulation or parking areas shall be paved with a
minimum of two (2) inches of asphalt on seven and one-half (7.5) inches of compacted base course.
b. All RV parks shall be provided with safe and convenient vehicular access from an improved public
street. All entrances and exits on state highways shall be approved by the Arkansas Department of
Transportation. All entrances and exits on other roads shall be approved by the City Engineer. All RV
parks with more than twenty-five (25) sites shall have two (2) or more entrances/exits. All parks with
more than one hundred (100) sites shall have three (3) or more entrances/exits.
B. Application Requirements
1. Submission of an application on such form providing:
a. A survey of the property on which the RV Park is to be sited: and,
b. A site plan fully setting out the RV spaces, the position of each RV parking space, the driveway
giving access thereto and the plan of landscaping or other buffering measures.
c. Where appropriate, a copy of the Arkansas Department of Health approval of the site plan
Agenda Item 7: Draft revisions to Zoning Code chapter 14.07 – commercial zoning districts
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CHAPTER 14.07
COMMERCIAL DISTRICTS
Sections
14.07.01 District Descriptions
14.07.02 Permitted Uses
14.07.03 Area Requirements
14.07.04 Commercial Building Design
14.07.01. District Descriptions
T-1 Traditional Business District provides a central area for the sale of retail goods and services and public
agencies such as county offices in the general area of the historic downtown of Batesville. It is characterized by
multi-story buildings with immediate adjacency to sidewalks and on-street parking.
C-1 Commercial Community District is intended to accommodate provides space for a wide variety retail and
offices and services. These tend to locate on the main arterials traversing the city and range in size from single
offices to “big box” retail and large medical complexes.
14.07.02. Permitted Uses
[P = Permitted C = Conditionally Permitted X = Prohibited]
Use T-1 C-1
Commercial
Automobile sales, services, repair, and storage P P
Banks and financial institutions P P
Eating establishments (dine in or take-out) P P
Eating establishments (drive-thru) P P
Funeral Homes P P
Garages and gasoline service stations a P P
Hospitals and nursing homes P P
Mobile food courts P P
Motels/Hotels and lodging houses P P
Offices (public or private) P P
Retail establishments providing goods or services b9 P P
Parking lots c P P
Recreational Vehicle Parks X P
Sexually oriented business X X
Theaters P P
Wholesale and warehouse incidental to primary use P X
Community, Public and Residential
Accessory dwelling on any lot or parcel containing an existing single-family dwelling 10 P P
Apartments (above first floor of commercial structure) P X
Apartments (ground floor) d C X
a Subject to the following conditions: (a) Pumps, lubricating or other devices are located at least 20 feet from any street right-of-way; (b)
all bulk fuel, oil or similar substances are stored at least 35 feet distant from any street or lot line and shall be underground; (c) all
automobile parts, dismantled vehicles and similar articles are stored within a building.
b. including, but not limited to, clothing, drug, hardware, variety stores, medical facilities, and similar uses
c. See Chapter 14.10
10 Subject to the provisions of Section 14.05.12
Agenda Item 7: Draft revisions to Zoning Code chapter 14.07 – commercial zoning districts
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Use T-1 C-1
Bed and Breakfast C C
Broadcast media and wireless communication towers P P
Children’s Advocacy Center C C
Child care facility X C
Churches P P
Convenience stores C P
Halfway house C P
Homeless shelter C C
Library (main) P X
Light manufacturing/processing operations 11 X P
Low impact cultural and recreational facilities X P
Motel Manager/Caretaker Residence X C
Places of public assembly P P
Public recreational uses P P
Other
Accessory structures and uses incidental to the primary permitted use, not detrimental to adjacent
properties P P
Temporary buildings for construction purposes for a period not to exceed the completion date of such
construction P P
14.07.03. Area Requirements
Zoning
District
Minimum Lot
Area
Minimum Lot
Width
Setback Requirements 12 Maximum
Height 13 Front Side Rear 14
T-1 N/A N/A N/A N/A 20 ft 50 ft
C-1 N/A N/A 20 ft N/A 20 ft 50 ft
11 requiring very minimal outside storage, truck traffic, external noise, vibration, dust, odor or glare
12 Any yard bordering a residential use or residential zoning district must provide a minimum 40-foot buffer strip, at least 15 feet of which
is in natural vegetation with no structure, outside storage or sanitation equipment, and 6-foot fence; see Section 14.05.09 for site design
requirements for broadcast media and wireless communication towers.
13 Higher requires approval of the Fire Marshal
14 from rear property line or center of alley, where one exists
Agenda Item 7: Draft revisions to Zoning Code chapter 14.07 – commercial zoning districts
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14.07.03. Commercial Building Design in the Commercial Community [C-1] Zoning District
A. Purpose
The purpose of this section is to create a framework for ensuring that the design of commercial buildings will
either meet minimum design standards adopted by the community or be subject to public review by the
Planning Commission. This section further seeks to maintain good civic design and arrangement within the
commercial corridors and neighborhoods of the city, thereby assuring a desired aesthetic environment and a
stable economic environment. It is the intent of this section to promote the development of commercial
buildings that:
1. Are designed to be in visual harmony with buildings either in the same vicinity or along the same
commercial corridor;
2. Express individual design and creativity without detracting from the visual environment to the point that at
which the values of adjoining properties will be negatively recognized.
3. Are appropriate to the context in which they are located; and
4. Generally, do not detract from the aesthetics of the location, area, and community as a whole.
B. Procedures for Obtaining a Building Permit
Persons desiring to obtain a building permit for the construction of a new building or the renovation or
expansion of an existing building may do so by choosing one of the following two options.
1. Option 1: Applicants who meet all of the following conditions may apply for a Standard Commercial
Building permit through the normal administrative procedures.
a. The design of the building conforms to the design standards outlined in subsection D. below; and,
b. The footprint of the primary building does not exceed, in square footage, that of primary buildings on
adjoining properties by more than fifty percent (50%); and,
c. The primary building is not more than two (2) stories in height.
2. Option 2: Applicants who do not meet the specifications above must submit an application for a Non-
Standard Commercial Building Permit no less than ten (10) days before the next planning commission
meeting. The application shall contain the following, as a minimum:
a. All information required for a standard commercial building permit; and,
b. Front and side elevations of all structures; and,
c. Materials list for front and side facades, roof structures, and trim; and,
d. Any other material supporting the proposed design of the building.
C. Review of Building Permits for Non-Standard Commercial Buildings
The Planning Commission shall review the proposed design during the next Commission meeting and allow
public review of and comment on the proposed design. Public comments shall be allowed although an
advertisement for a public hearing is not required. The Commission shall authorize the Code Enforcement
Officer to issue a building permit only after reviewing the proposed submittal and determining:
1. The proposed design represents an innovative use of non-standard building materials to the extent that it
is in harmony with the visual aspects of the location, area, and community as a whole; and,
2. No discernible public benefit would be gained by requiring an alternative design; and,
3. The size and bulk of the proposed building is comparable to other buildings within the immediate area;
and,
4. The proposed construction meets the spirit and intent of this section of the zoning code.
D. Design Standards
Adherence to the following standards shall qualify a proposed structure as a Standard Commercial Building.
1. The finished façade of front visible side of the building shall be composed of acceptable building
materials. This includes any side of the building that fully faces a public street or the front of a building
facing any other fire apparatus access lane that is also used for public access. The visible side of the
building shall mean the forward eight feet of any side perpendicular to a street and all of a side or an
angle of less than ninety degrees (90º) as measured from the street or fire apparatus access lane to the
Agenda Item 7: Draft revisions to Zoning Code chapter 14.07 – commercial zoning districts
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side of a building. Acceptable building materials for the affected portions of buildings as defined in this
section shall include:
a. Exterior Insulation Finish Systems (EIFS)
b. Brick
c. Architectural concrete block to the exclusion of precision concrete blocks.
d. Glass
e. Pre-Cast Concrete
f. Native Stone
g. Wood
h. Tile
i. Stucco
2. The building plans shall designate one façade of the building as the “front” of the building and this
façade shall have windows and doors comprising no less than 15 percent of its total square footage.
3. The vertical plane of the side designated as the front of the building shall not be completely flat but shall
be broken vertically in at least one location by a minimum of a one-foot differential in the vertical plane
for each 50 feet of horizontal surface or a minimum of one time. This requirement may be met by a
recessed or extended entrance.
4. The front entrance to the building shall be covered and well-articulated and shall not consist solely of a
door opening into a flat vertical plane.
5. The building does not exhibit a metal mansard roof or metal parapets around the roof.
6. Roofs may be of metal.
7. Accent trim on roofs, windows and doors may be of metal or wood.
8. There shall be no illustrative designs on any visible façade material.
9. In general, the building shall not represent a simple box like structure or resemble a temporary or
portable building.
10. Mechanical equipment, whether ground-mounted or roof mounted on any portion of a commercial
building must be placed or screened in such a manner that it is not visible from the street.
11. Dumpsters or other trash receptacles shall be enclosed on at least three (3) sides by an enclosure of a
height which completely conceals the dumpster or receptacle. The open side of the enclosure shall be
placed adjacent to the parking area and away from adjoining property.
E. Exempted Structures
Renovations: Any proposed renovation or expansion of a commercial building estimated to cost in excess of
fifty percent (50%) of the replacement cost of the building or to replace fifty percent (50%) of the front
façade of the structure shall be subject to the requirements of this section. Renovations estimated to cost less
than fifty percent (50%) of the replacement cost are exempted from this section.
F. Appeals
1. From a Decision of the Code Enforcement Officer
If an applicant disagrees with a determination by the Code Enforcement Officer that the proposed
building design is Non-Standard, such determination may be appealed to the Planning Commission. The
appeal shall be in writing, submitted to the chairman of the Commission within thirty (30) days of the
determination, providing detailed evidence as to why the applicant believes the determination to be in
error. The Commission shall hear such appeal at its next scheduled meeting and either affirm or reverse
the determination of Code Enforcement Officer. The applicant shall be notified in writing within ten
(10) days of the Commission’s decision. An affirming decision may be appealed to the City Council,
consistent with the procedure defined in subsection F.2. below.
2. From a Decision of the Planning Commission.
When the Commission does not approve the design of a Non-Standard Commercial Building or affirms a
determination of the Code Enforcement Officer, the applicant may appeal the decision to the City Council,
provided that such appeal is filed in writing to the Mayor’s Office within ten (10) days of the Commission meeting
at which time the design was denied or determination affirmed. Such appeal shall include reasons detailing why the
Commission’s denial is not in keeping with the intent of this section or affirmation is in error. The appeal will be
placed on the Council agenda no less than sixty (60) days after submission.
Agenda Item 7: Draft revisions to Zoning Code chapter 14.08 – industrial zoning districts
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For permitted uses
Added accessory dwelling on same lot as single-family residence as a permitted use in both I-1 and I-2
deleted signs as a permitted use; (vestige of a time when sign regulations were a separate ordinance, now
Zoning Chapter 14.14)
Changed sexually oriented business to "conditional" in I-1; (not currently listed as permitted or conditional
or prohibited there; however, subsection C explicitly lists conditions required for allowing such a use.)
Questioned the need for subsection C in both I-1 and I-2; recommend considering moving to 14.05.12 and
cross-referencing this location, as well as Ordinance 2006-03-03 as amended, for both zones
For area requirements
added buffer requirement next to residential use or zone of 50 feet with 6-foot fence, recommending
vegetation cover (from Subdivision regulations)
Required conditions
14.08.01. C.3. and 14.08.02.C.3 should be consolidated and moved to 14.05.13; it’s a requirement
regardless of what district it’s permitted in
Move and consolidate
14.05.13. Sexually oriented business
Sexually oriented businesses shall comply with all of the following restrictions.
A. No sexually oriented business may not be operated within one thousand feet (1,000’), measured in a straight
line, without regard to intervening structures or objects from the nearest property line of the sexually oriented
business to the nearest property line of any of the following:
1. a church;
2. a church sponsored youth activity center;
3. a public or private elementary, secondary, or post-secondary school or pre-school;
4. a public park;
5. a museum;
6. a licensed day-care or child care center;
7. an entertainment business that is oriented primarily towards children;
8. a boundary of any residential district;
9. a boundary of any commercial or traditional business district or a property legally used as a residential
use in said commercial or traditional business use;
10. a boundary of a local historic residential district;
11. a boundary of a public park;
12. a boundary of any facility primarily used or attended by persons under the age of eighteen (18);
13. a property on the National Register of Historic Places;
14. a property, place or establishment that sells or dispenses any alcoholic beverage; or
15. the boundary of another sexually oriented business.
B. All activities of the sexually oriented business shall be carried on completely within enclosed buildings.
C. The sexually oriented business complies with all requirements of Ordinance 2006-03-03, as amended.
Agenda Item 7: Draft revisions to Zoning Code chapter 14.08 – industrial zoning districts
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CHAPTER 14.08
INDUSTRIAL DISTRICTS
14.08.02. Permitted Uses
[P = Permitted C = Conditionally Permitted X = Prohibited]
Use I-1 I-2
Industrial
Any production, processing, servicing, testing, repair or storage of materials, goods, equipment or
products and the sale of all such products assembled, manufactured, or produced on the property. P 15 P
Cartage and express facilities P P
Wholesaling and warehousing P P
Community, Public, Residential, and Agricultural
Accessory dwelling on any lot or parcel containing an existing single-family dwelling 16 P P
Agricultural P P
Broadcast media and wireless communication towers P P
Bulk plant X P
Compressor station X P
Convenience store C C
Feed mills X P
Halfway house C C
Homeless shelter P C
Mobile food court P P
Production of toxic or hazardous materials X P
Salvage yards X P
Sexually oriented business 17 C P
Other
Accessory structures and uses incidental to the primary permitted use, not detrimental to adjacent
properties P P
Temporary buildings for construction purposes for a period not to exceed the completion date of
such construction P P
15 All production, processing, testing, repair or storage of materials, goods, equipment or products must take place within completely
enclosed buildings.
16 Subject to the provisions of Section 14.05.12
17 All provisions of Section 14.05.12 and Ordinances 2006-03-03, as amended, shall apply
Agenda Item 7: Draft revisions to Zoning Code chapter 14.08 – industrial zoning districts
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14.08.03. Area Requirements
Zoning
District
Minimum Lot
Area
Minimum Lot
Width
Setback Requirements 18 Maximum Height 19 Front Side Rear 20
I-1 N/A N/A N/A N/A 20 ft 50 ft
I-2 N/A N/A 20 ft N/A 20 ft 50 ft
18 Any yard bordering a residential use or residential zoning district must provide a minimum 50-foot buffer strip and 6-foot fence along the
property line bordering a residential use or zoning district. See Subdivision Regulation 15.03.11.(a) for recommended landscaping
treatments; see Section 14.05.09 for site design requirements for broadcast media and wireless communication towers
19 Higher requires approval of Fire Marshal
20 from rear property line, or center of alley where one exists
Agenda Item 7: Deletion of Zoning Code chapters 14.13, 14.20 and 14.28
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Delete the text of Chapter 14.13. This is a carry-over of a section in the original adopting ordinance (659 of 1957). Adopting
ordinance language should not be in the Code itself; the ordinance adopting the Code included this language. It would make
sense to re-number Chapter 14 (Signs) to Chapter 13. There are no cross-references to the sign chapter within the rest of the
Zoning Code. The only potential conflict may be with application documents.
CHAPTER 14.13. SEVERABILITY AND EFFECTIVE DATE
Sections
14.13.01 Validity of Regulations
14.13.02 Conflicting Provisions Repealed
14.13.01. Validity of Regulations
If any section, paragraph subdivision, clause, phrase, or provision of these regulations shall be adjudged invalid or held
unconstitutional, the same shall not affect the validity of these regulations as a whole or any part or provision thereof other than
the part so decided to be invalid or unconstitutional.
14.13.02. Conflicting Provisions Repealed
All ordinances or parts of ordinances in conflict herewith are hereby repealed and these regulations shall take effect and be in
force immediately from and after the date of its adoption.
Delete the following chapters: Both refer to very old ordinances (683 and 995) that were included in the original Municipal
Code prepared by the Arkansas Municipal League. Both have been superseded by various section in the current Zoning Code
and their inclusion here is both conflicting and confusing.
14.20 BUILDING SET BACK LINES
Sections:
14.20.01 Purpose
14.20.02 Definitions
14.20.03 Building line setback plan and map adopted
14.20.04 Restrictions on issuing building permit
14.20.05 Penalty for violation
14.20.01 Purpose.
The purpose of this chapter is in furtherance of and to achieve a planned street pattern, and to ensure that buildings will not be
erected too near, or in the bed of projected streets or potential street widenings. (Ord. No. 683, Sec. 1)
14.20.02. Definitions.
(a) A setback line is that line parallel to the front property line in front of which no structure shall be built;
(b) A highway or street right-of-way line is that line which indicates the right-of-way boundary of said highway or street.
(Ord. No. 683, Sec. 3)
14.20.03. Building line setback plan and map adopted.
The building line setback plan and map of date March 7, 1961, duly certified and filed with the clerk/treasurer by the Batesville
Planning Commission on October 6, 1961, be and the same is hereby adopted; and a standard setback of forty (40) feet from
highway or street right-of-way is hereby established. Such building line setback map indicates those streets on which the
setbacks are established. (Ord. No. 683, Sec. 4)
14.20.04. Restrictions on issuing building permit.
Hereafter no building permit shall be issued to any person, firm or corporation or other owner of land bordering on any street to
construct, erect, reconstruct or alter any building closer to the right-of-way designated by the setback lines herein established,
together with any amendments or additions thereto adopted by the city council. (Ord. No. 683, Sec. 5)
14.20.05. Penalty for violation.
Any person, firm or corporation violating the provisions of this chapter, or who shall fail to comply with any order made
thereunder, or who shall continue to work upon any structure after having received notice from the administrative official to
cease work, shall be guilty of a misdemeanor and punishable by a fine not to exceed One Hundred ($100.00) Dollars for each
offense; and each day such violation shall be permitted to exist shall constitute a separate offense. (Ord. No. 683, Sec. 6)
Agenda Item 7: Deletion of Zoning Code chapters 14.13, 14.20 and 14.28
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14.28 MOBILE HOMES.
Sections:
14.28.01 Restricted
14.28.02. Definitions
14.28.03. Regulations
14.28.04. Storage
14.28.05. Penalty
14.28.01. Restricted.
That it shall be unlawful for any person, firm, corporation or other entity to park a mobile home within the city of Batesville,
Arkansas for residential purposes except as hereinafter provided in this chapter. (Ord. No. 995, Sec. 1)
14.28.02. Definitions.
In the construction of this chapter, the definitions contained in this section shall be observed and applied, except when the
context clearly indicates otherwise.
A. MOBILE HOME - Means a single-family living unit designed for transportation after fabrication on streets and highways
on its own wheels, or on flatbeds or other trailers, and arriving at the site where it is to be occupied as a living unit
complete and ready for occupancy, except for main and incidental unpacking and assembly operations, located on jacks
or permanent foundation, connected to utilities and erected in accordance with prevailing city laws.
B. MOBILE HOME PARK - Means a parcel of land upon which two (2) or more mobile homes are harbored either free of
charge or for revenue and shall include any building, structure, tent, vehicle, or enclosure used or intended for use as a
part of the site. (Ord. No. 955, Sec. 2)
14.28.03. Regulations.
Mobile homes for residential purposes may be parked only in Mobile Home Parks. A mobile home park may be located only
in R-2 and R-3 zones. The minimum area for a mobile home park shall be five (5) acres. A mobile home park shall have a
minimum of five (5) mobile home spaces. The park shall be located on a well drained site, property graded to insure rapid
drainage and freedom from stagnant pools of water. Each mobile home space shall have a minimum of thirty-six hundred
(3,600) square feet. A mobile home space shall be a least forty (40) feet in width. A mobile home space shall have yard
setbacks of no less than seven and one-half (7 1/2) feet on all sides. A mobile home space shall have two (2) off-street parking
spaces, each nine (9) feet by twenty (20) feet. All mobile home spaces shall abut a hard-surfaced driveway of not less than
twenty (20) feet in width, which shall have unobstructed access to a public street. Each mobile home space shall be provided
with sanitary sewer and water service in a manner which meets the city sewer and water codes. All mobile home parks shall be
screened around the perimeter by a six (6) foot, side-obscuring screen of permanent, year-round fencing and landscaping. (Ord.
No. 995, Sec. 3)
14.28.04. Storage.
A camping or recreational trailer or mobile home not exceeding twenty-one (21) feet in length may be stored in the rear yard
on any lot, provided that no living quarters shall be maintained or business conducted in connection therewith while such trailer
or mobile home is so parked or stored. (Ord. No. 995, Sec. 4)
14.28.05. Penalty.
Any person, firm, corporation or other entity who shall violate any of the provisions of this chapter shall, upon conviction
therefore, be deemed guilty of a misdemeanor and shall be fined in a sum not to exceed One Hundred Dollars ($100.00), with
each and every day that such violation continues to exist constituting a separate offense. However, said criminal penalties shall
not be the exclusive remedy available to the city to compel compliance with this chapter, the city retaining all other methods of
enforcement available to it including any type of injunctive