HomeMy WebLinkAbout2026-02-01 ORDINANCE NO. 2026-02-01
AN ORDINANCE TO VARIOUS RESIDENTIAL PROVISIONS OF TITLE 14 ZONING OF THE
BATESVILLE MUNICIPAL CODE; AND FOR OTHER PURPOSES.
WHEREAS, several acts of the Arkansas General Assembly affecting municipal zoning regulations
required revision; and,
WHEREAS,the Batesville Planning Commission desired to revise Chapters 14.07 and 14.08 to
reformat their organization to simplify and make easier to understand; and,
WHEREAS,the Batesville Planning Commission recommends the deletion of chapters 14.13, and
14.28 which are either relevant to the adoption of ordinances or have long since been superseded by
subsequent ordinances;and,
WHEREAS,the Batesville Planning Commission conducted a properly advertised public hearing on
December 8,2025; 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"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.
Section 2. Chapter 14.05 of Title 14 is amended as follows:
Add the following to remove duplicate wordings in chapter 14.08 and move to a location in the
code more appropriate for general application:
14.05.13. Sexually oriented business
Sexually oriented businesses shall comply with all of the following restrictions.
A. No sexually oriented business may 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.
Add the following
14.05.14.Recreational Vehicle Parks
A. Park Requirements
l. 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 RVs 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.
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.
c. 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
Section 3. Chapter 14.07 of Title 14 is amended in its entirety as shown at Exhibit A:
Section 4. Chapter 14.08 is amended in its entirety as shown at Exhibit B.
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 17TH, day of February,2026.
APPROVED:
RICK EL YOR
ATTEST:
SSICA DAVIS', I CLERK
-APPROVED AS TO LEGAL FORM:
TIMOTHY MEITZEN,CITY ATTORNEY
EXHIBIT
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
=Permitted C=Conditionally Permitted X=Prohibited
Use T-1 C-1
°Commercial .
a'
Automobile sales,services,repair,and storage P P
Banks and fmancial 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 b 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
t..
Co[ninunity;Public aiiil'Resid+ential, ,
Accessory dwelling on any lot or parcel containing an existing single-family dwelling° P P
Apartments(above first floor of commercial structure) P X
Apartments(ground floor)d C X
Bed and Breakfast C C
Broadcast media and wireless communication towers P P
Children's Advocacy Center C C
EXHIBIT A
Use T-1 C-1
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 e 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 P P
properties
Temporary buildings for construction purposes for a period not to exceed the completion date of such P P
construction
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
d. Subject to the provisions of Section 14.05.12erequiring very minimal outside storage,truck traffic,external noise,vibration,dust,odor or
glare
e. requiring very minimal outside storage,truck traffic,external noise,vibration,dust,odor or glare
14.07.03. Area Requirements
Zoning. . Minimum Lot° Minimum,'Lot, Setback Requirements r. Maximum
District Area Width Front '"Side Rear,9 °` Height h . .
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
f. 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
g. Higher requires approval of the Fire Marshal
h. from rear property line or center of alley,where one exists
14.07.03. Commercial Building Design in the Commercial Community lC--11 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:
EXHIBIT A
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.
l. The finished fagade 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(900)as measured from the street or fire apparatus access lane to the
side of a building. Acceptable building materials for the affected portions of buildings as defined in this
section shall include:
EXHIBIT A
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 fagade of the building as the"front"of the building and this
fagade 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 fagade 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.
It. 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
fagade 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.
EXHIBIT
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
EXHIBIT B
CHAPTER 14.08
INDUSTRIAL DISTRICTS
14.08.02. Permitted Uses
P=Permitted C=Conditionally Permitted X=Prohibited
Use I-1 I-2
f
Any production,processing,servicing,testing,repair or storage of materials,goods,equipment or P a P
products and the sale of all such products assembled,manufactured,or produced on the property.
Cartage and express facilities P P
Wholesaling and warehousing P P
Camxnunity,Ptilapc;Residential;and Agarieulturat "_
Accessory dwelling on any lot or parcel containing an existing single-family dwelling b 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° C P
A
Accessory structures and uses incidental to the primary permitted use,not detrimental to adjacent P P
properties
Temporary buildings for construction purposes for a period not to exceed the completion date of P P
such construction
a. All production,processing,testing,repair or storage of materials,goods,equipment or products must take place within completely
enclosed buildings.
b. Subject to the provisions of Section 14.05.12
c. All provisions of Section 14.05.12 and Ordinances 2006-03-03,as amended,shall apply
14.08.03. Area Requirements
Zoning," Minimum Lot .Minimum Lot, Setback Requirements a
District Area Width Front Side Rear
n Maximum Height
I-1 N/A N/A N/A N/A 20 ft 50 ft
1-2 N/A N/A 20 ft N/A 20 ft 50 ft
a. 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
b. from rear property line,or center of alley where one exists
c. Higher requires approval of Fire Marshal