HomeMy WebLinkAbout2025-12-01 ORDINANCE No.2025-12-01
AN ORDINANCE TO AMEND VARIOUS RESIDENTIAL PROVISIONS OF TITLE 14 ZONING
OF THE BATESVILLE MUNICIPAL CODE; AND FOR OTHER PURPOSES.
WHEREAS,various provisions of Title 14 of the Batesville Municipal Code affecting residential
zoning requirements are in need of updating or improving; and,
WHEREAS, several acts of the Arkansas General Assembly affecting municipal zoning regulations
required revision; and,
WHEREAS, the Batesville Planning Commission desired to revise Chapter 14.06 to reformat its
organization to simplify it and make it easier to understand; and,
WHEREAS,the Batesville Planning Commission conducted a properly advertised public hearing on
November 3,2025; and,
WHEREAS, the Batesville Planning Commission, at its regular meeting on November 3, 2025,
_recommended, by unanimous vote, that said recommended revisions to Title 14 Zoning be adopted by the
Batesville City Council.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BATESVILLE,ARKANSAS:
Section 1. Chapter 14.02.02. of Title 14 is amended as follows:
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 graphic to the definition of Yard or Setback.
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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 definitions to read as follows:
Building Line. Also known as a Yard or Setback, a line parallel to the property line or street line
at a distance from it, as defined by the 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.
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.
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 property line
Section 2. Chapter 14.03. is amended as follows:
14.03:01. Enforcement Officer
The provisions of these regulations shall be administered by an enforcement officer designated
by the Mayor.
Section 3. Chapter 14.05. of Title 14 is amended as follows:
14.05.03. Principal Structure on Lot is amended to read:
"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 following subsection is added by removing Chapter Subsection 14.06.04 and amending the
text to read as follows:
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-sik hundred(3,600) square feet;
b. have setbacks of not less than 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 space 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."
The following subsection is added to read as follows:
14.05.12. Accessory dwellin units
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
Section 4. Chapter 14.06 is amended in its entirety as shown at Exhibit A attached hereto.
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 16TH, day of December, 2025.
APPROVED:
RICK E AUGH
ATT
JSS)IYCA�NAVIS, Cl CLERK
APPROVED AS TO LEGAL FORM-
7Y MEI , CITY ATTORNEY
EXHIBIT
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
=Permitted C=Conditionalty 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 park' X X C
Mobile homes not in a mobile home ark X X X
Multi-family dwellings,including condominiums&apartments 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 licensed for more than 16 children X X P
Child care home care'!up to 16;!children a 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
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
EXHIBIT A
Use R-1 HR R-2
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
a. If a Licensed Child Care Family Home(6-16 children),site plan showing traffic flow and parking must be approved by the Planning
Commission.
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
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.
Zoning a Minimum Lot Minimum . Setback Requirements Maximum
District Primary use Area Lot Width Front f Side S Rear Height
Detached single family 5,000 sq.ft 50 ft 5 ft 15 ft
R-1 Attached single family 20 ft 36 ft
Non-residential N/A N/A 25 ft 25 ft
All primary uses 5,000 sq.ft 50 ft 5 ft 25 ft
HR Accessory uses 25 ft 5 ft 36 ft
Non-residential N/A N/A 25 ft 25 ft
Detached single family 3,000 sq.ft 30 ft. 36 ft
Attached single family b 5,000 sq.ft 50 ft.
Triplex and above,or 8,000 sq. ft+2,000 20 ft 5 ft loft
any combination of sq. ft per unit for 70 ft 50 ft
R-2 buildings with 2 or each unit over 3
more units
Boarding or rooming 2,000 sq ft/unit not 50 ft 25 ft 25 ft 25 ft 36 ft
house less than 7,700 sq ft
Non-residential N/A N/A 25 ft 1 25 ft 1 25 ft 36 ft
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