HomeMy WebLinkAbout2009-08-02 ORDINANCE NO.��V—Oa
• AN ORDINANCE TO AMEND VARIOUS PROVISIONS OF THE BATESVILLE ZONING
CODE; TO REGULATE HOME OCCUPATION SIGNS; TO MODIFY PARKING LOT
REQUHtEMENTS; TO MODIFY THE APPEAL PROCESS FOR DETERMINATION OF USES;
TO MODIFY THE CONDITIONAL USE PROCESS; REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH; AND FOR OTHER PURPOSES.
WHEREAS,the Batesville Planning Commission has prepared recommendations to improve the
Batesville Zoning Code and conducted a properly advertised public hearing on May 4, 2009,and
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BATESVILLE,ARKANSAS THAT THE BATESVILLE ZONING CODE IS HEREBY
AMENDED AS FOLLOWS:
Section 1. Home occupation signs
Section VI., Subsection I.C. is revised to read as follows:
Does not have a sign in excess of four(4)square feet in area to identify the business. Such sign
shall be unlighted and must be attached flush to the side of the structure. There shall be no
advertising signs or devices visible from the outside through a door, window,or other opening of
the residential structure or otherwise displayed on the property.
Section 2. Off-street parking lots
. Section XI., Subsection II.D. is revised to read as follows:
A required off-street parking space shall be at least nine feet(9') in width and at least twenty feet
(20') in length.
All parking areas,public or private, containing more than five(5)parking spaces including open
sales and storage areas shall be improved with an asphalt or concrete surface. This requirement
shall apply to any parking area required by any regulation of the Ci hof Batesville for any new
construction or renovation requiring additional parking spaces.
Section 3. Uses not defined
Section X., Subsection VII.E. is revised to read as follows:
After the Planning Commission has made a determination,any aggrieved person may appeal such
determination to the City Council.
Section 4. Conditional Uses
a. Amend Section III., Subsection 11. is amended by inserting the following definition immediately
after"Commercial or Business Use"and immediately before"Condominium":
Conditional Use. A use permitted in a zoning district only after review and approval by the
Planning Commission. Conditional uses are such that they may be compatible only on certain
conditions in specific locations in a zoning district, or if the site is regulated in a certain manner. A
• conditional use is not to be construed as a "temporary"use.
b. Section XIII., Subsection I. is amended by deleting paragraph E. in its entirety and changing
Paragraph"F."to"E."
c. Insert a new subsection IV.to Section XIII as follows:
IV. Conditional Uses
1. The Planning Commission shall hear and decide only such conditional uses as it is
specifically authorized to pass on by the terms of these regulations and to decide such
questions as are involved in determining whether a conditional use should be granted,and
to grant a conditional use with such conditions and safeguards as are appropriate under
these regulations,or to deny a conditional use when not in harmony with the purpose and
intent of these regulations. A conditional use shall not be granted by the Planning
Commission unless and until:
a. A written application is submitted to the Enforcement Officer,on such form or forms
and containing such information as the Planning Commission deems necessary to
properly consider the request. At a minimum, such application shall include a
statement indicating the section of these regulations under which the conditional use is
sought and stating the grounds on which it is requested.
b. The Enforcement Officer shall schedule a public hearing on said application and cause
notice of the hearing to be given in a paper of general circulation in Batesville at least
fifteen(15)days in advance of said hearing. The expense of such publication shall be
borne by the applicant. Notice of such hearings shall be posted on the property for
which conditional use is sought, at least fifteen(15)days prior to the public hearing;
• c. The public hearing conducted by the Planning Commission shall be held. Any party
may appear in person, or by agent or attorney;
d. The Planning Commission shall make a finding that it is empowered under the section
of these regulations described in the application to grant the conditional use,and that
the granting of the conditional use will not adversely affect the public interest.
e. Before any conditional use shall be approved,the Planning Commission shall make
written findings certifying compliance with the specific rules governing individual
conditional uses and that satisfactory provision and arrangement has been made
concerning the following, where applicable:
(1) The proposed use in the proposed location will not be detrimental to other uses
legally existing or permitted outright in the zoning district.
(2) The size of the site is adequate for the proposed use.
(3) The traffic generated by the proposed use will not unduly burden the traffic
circulation system in the vicinity.
(4) The other performance characteristics of the proposed use are compatible with
those of other uses in the neighborhood or vicinity.
(5) Adequate buffering devices such as fencing, landscaping,or topographic
is
characteristics protect adjacent properties from adverse effects of the proposed
use including adverse visual or auditoryefects.
(6) The other uses in the vicinity of the proposed site are such as to permit the
proposed use to function effectively.
(7) The proposed use complies with the performance standards,parking requirements
and other applicable provisions of this ordinance.
2. The decision of the Planning Commission, with respect to any application for a
conditional exception, shall be final, unless an appeal is made to the City Council within
ten(10)business days after the Planning Commission's decision. Said appeal shall be in
writing to the City Council and filed with the City Clerk.
IF ANY PORTION OR PORTIONS OF THIS ORDINANCE ARE DEEMED OR HELD
TO BE INVALID,SUCH INVALIDITY SHALL NOT EFFECT THE REMAINING PORTION
OR PORTIONS OF THIS ORDINANCE.
EMERGENCY CLAUSE: Where as it is necessary to effect the public peace, health, safety and
welfare and the orderly administration of Batesville City Codes,an emergency is hereby declared to exist
and this Ordinance shall be effective from and its passage.
IT IS SO ORDAINED.
IN WITNESS WHEREOF we have set our hands this�xy
da of �j � . 2009.
APPROVED: / 1tG.�
• RICK ELU AUGH YOR
ATTEST: �v
DENISE JOHNSTON,CLERK
APPROVED AS TO LEGAL FORM:
Scott Stalker, City Attorney
•
�r Issue: Home Occupation Signs
The current zoning code prohibits any kind of sign denoting the business,occupation or profession on a
residential structure in which a home occupation is taking place. Inasmuch as home occupations are
permitted in any residential district,with certain limitations,it seems unreasonable to prohibit any and all
signage. While signs need to be discreet and in harmony with the character of a residential neighborhood,
it would be helpful to identify the structure where the home occupation was taking place to minimize the
possibility of customers or clients disturbing nearby residences.
Recommendation: Allow a relatively small sign providing business name and function or nature of
business,but no advertising. More specifically,
Revise Section VI.,I.,C. as follows:
C. Does not have a sign in excess of four
(4)square feet in area to identify the business. Such sign shall be unlighted and must be attachedflush to
the side of the structure. There shall be no advertising signs or devices visible front the oulside through a
door, window, or other opening of the residential structure or otherwise displayed on the property.
Issue: Imposition of Parking Requirements
Ordinance 2004-7-1 imposed a requirement that all new parking areas had to be paved with an asphalt or
concrete surface. It further required any existing parking area in the city that did not meet that
• requirement had seven years to bring their parking lot into compliance. That deadline would be July 13,
2011. The Batesville Planning Commission believes that the presence of substandard parking areas,
constructed prior to the passage of this ordinance, does not constitute a hazard to public health,safety or
welfare to such an extent that remedial action is warranted. Especially in difficult economic times,this
requirement imposes a financial cost that is not commensurate with the benefit to be achieved. In
addition, it will be expensive and difficult for the City to enforce.
Recommendation: Strike the requirement for existing substandard parking areas to come into compliance
with the new surface standards. More specifically,
Revise Section XI,Subsection II.D. as follows:
D. Design
A required off-street parking space shall be at least nine feet(9')in width and at least twenty feet(20')in
length.
All parking areas,public or private,containing more than five(5)parking spaces including open sales and
storage areas shall be improved with an asphalt or concrete surface.All bl ie"'private PaFk4ag
mr-60als;that 93 am- tain fiVe(5) OF FROM P"ag spaees shall be surfaeod with an asphalt or eeneFete famerial.
Fr-efn the date of diig passage there will be a time period of seven(7)years allowed for prepei4y owners to
bf:iag existing substandaM paFl&g efeas that are"et stwfiaeed with asphalt of:eefieFete into eefflislianee
With theSOFeguimiens. This requirement shall apply to any parking area required by any regulation of
the City of Batesville for any new construction -
i 7/14/2009
• Issue: Determination as to uses not listed.
The zoning code currently provides a mechanism for the Planning Commission to determine if a use not
specifically listed as permitted,either outright or conditionally,is similar enough in character and impact
to those uses which are specifically listed and should be permitted,in the same manner and to the same
extent. Any property owner adversely affected by a negative decision of the Commission must appeal the
Commission's decision directly to Chancery Court. The Planning Commission does not believe it is
appropriate to force a property owner to immediately incur legal expenses in order to appeal a decision of
the Commission. The Commission believes that the initial appeal should be to the City Council.
Recommendation: Strike the reference to Chancery Court and insert City Council. More specifically,
Revise Section X.,Subsection VII.E. as follows:
E. After the Planning Commission has made a determination,any aggrieved person may appeal such
determination to the ChetaeeFy Geeu#City Council.
Issue: Conditional Use process
The current zoning code allows for certain uses to be permitted in a given zoning district only after the
conduct of a public hearing scheduled by the Board of Zoning Adjustment; authority for approving or
denying such a conditional use is further assigned to the Board.
• There are two major issues: first,by specifically requiring that the Board schedule the public hearing,and
because a minimum fifteen day advance legal notice of the hearing is required, an applicant is forced to
wait longer than necessary to receive a determination. It would be more efficient to allow the
Enforcement Officer to schedule the hearing and initiate the required notices,rather than wait until the
next meeting for the Board to act. Normally a public hearing can be scheduled at the next regular meeting
following the required fifteen day notice. If time is of the essence,the Enforcement Officer can notify the
Chairman of the desirability of a special called meeting.
Secondly, state law requires the creation of a Board of Zoning Adjustment and specifies that its duties are
to hear appeals from decisions of the enforcement officer and decide on certain requests for variances
from the literal provisions of the zoning ordinance. Decisions of the Board can only be appealed to"a
court of record having jurisdiction." The Planning Commission does not believe that decisions regarding
use should reside with the Board;this would appear to be inconsistent with the statutory intent of time
Board,which is specifically limited in its ability to authorize a variance in use. It is not aware of any
other city in the state where the planning commission is not assigned this responsibility. More
importantly,the Commission believes that applicants should not be forced to immediately appeal a
conditional use decision to the courts,but should have to ability to appeal a decision to the City Council
first.
Recommendation: Move the conditional use process to the Planning Commission,add a definition of
"Conditional Use",and allow the Enforcement Officer to schedule required public hearings. More
specifically,
Add anew definition for conditional use between"Commercial or Business Use"and Condominium"in
Section III, Subsection II,as follows:
2 7/14/2009
Conditional Use. A use permitted in a zoning district only after review and approval by the Planning
Commission. Conditional uses are such that they may be compatible only on certain conditions in
specific locations in a zoning district, or if the site is regulated in a certain manner. A conditional use is
not to be construed as a `temporary"use.
Revise the Conditional Use Process[Section XIII, Subsection 1]as follows:
Move paragraph E.to a new Subsection IV. Change paragraph'T."to"E." Change wording of new
Subsection IV as follows:
l IV. Conditional Uses
1. The u, _a of Z, ,
�ar r y
n a; st nt b Conditional n autheFize those
The Planning Commission shall hear- and
decide only such conditional uses as it is specifically authorized to pass on by the terms of
these regulations and to decide such questions as are involved in determining whether a
conditional use should be granted, and to grant a conditional use with such conditions and
safeguards as are appropriate under these regulations, or to deny a conditional use when not
in harmony with the purpose and intent of these regulations. A conditional use shall not be
granted by the Planning Commission unless and until:
a. A written application is submitted to the Enforcement Officer, on such form or forms
and containing such information as the Planning Commission deems necessary to
properly consider the request. At a minimum, such application shall include a statement
indicating the section of these regulations under which the conditional use is sought and
stating the grounds on which it is requested.
b. The Enforcement Officer shall schedule a public hearing on said application and cause
notice of the hearing to be given in a paper of general circulation in Batesville at least
fifteen (15)days in advance ofsaid hearing. The expense ofsuch publication shall be
borne by the applicant. Notice of such hearings shall be posted on the property for
which conditional use is sought, at leastfifteen(15)days prior to the public hearing;
C. The public hearing conducted by the Planning Commission shall be held. Any parry
may appear in person, or by agent or attorney;
d. The Planning Commission shall make a finding that it is empowered under the section of
these regulations described in the application to grant the conditional use, and that the
granting of the conditional use will not adversely affect the public interest.
e. Before any conditional use shall be approved, the Planning Commission shall make
written findings certifying compliance with the specific rules governing individual
conditional uses and that satisfactory provision and arrangement has been made
concerning the following, where applicable:
(1) The proposed use in the proposed location will not be detrimental to other uses
legally existing or permitted outright in the zoning district.
(2) The size of the site is adequate for the proposed use.
3 7/14/2009
• (3) The traffic generated by the proposed use will not unduly burden the trajjic
circulation system in the vicinity.
(4) The other performance characteristics of the proposed use are compatible with
those of other uses in the neighborhood or vicinity.
(5) Adequate buffering devices such as fencing, landscaping, or topographic
characteristics protect adjacent properties from adverse effects of the proposed
use, including adverse visual or auditory effects.
(6) The other uses in the vicinity of the proposed site are such as to permit the
proposed use to function effectively.
(7) The proposed use complies with the performance standards,parking requirements
and other applicable provisions of this ordinance,
2. The decision of the Planning Commission, with respect to any application for a conditional
exception, shall be final, unless an appeal is made to the City Council within ten(10)
business days after the Planning Commission's decision. Said appeal shall be in writing to
the City Council and filed with the City Clerk.
1 The Conditional Use Pe,-mit may be granted when an application eanrb�s s the
3. Aft
eation for a Conditional Use Peffnit shall be filed with the Cade Eftfer-eefflen
�feef. '
4. Aft appheation for a Conditional Use Pefmit shall inelude a plot plan whieh shows the aetual
dimensions of the let the size and leeetion of..tmetu fe., to be ereeted a h site 1
ifAcating pfavi ion+TeFTar4ci*gT loading and tinleading,a ,1..,: I.. d
•• ••-xai*¢icak*iiis.
II T.. Peffait.
5. Netiee of the requested Condifienal Urie shall be made in a newspaper of general eir-ouiation
at least fife (1 C\ days prior- to its :,le ..t: at meeting of the D..,. ,i C Zoning
�
r��i sftne�t-
TiQThe
B d of Zoning Adjustment nt shall dere fmine :f said tine is eempatible to the uses allowed
V`]•JO�Q1�U'V ITiOIILIi M-�t�H4'_I_�m ea
aeeess, jeGation, major stFeets, plans, stnaetures, par-king, noise and an), OtheE faetof whieh
D J^� Y
shall be used to detefmine the a ametef of an existing neighbefheed The Board of Zoning
to s e the gene...1 objeefiyes ofR.:..
,
a. The pr-aposed use shall be so designated, I,. aced and sated se that the .1.1:
rnhealth,
safety andwelfare will be protected.
• The prepased IFfflid i-so iq eampatible withrother F orsxca-aeoaccc-near-it.
4 7/14/2009
• The pFoposed use is in eemplianee with the pfok,isions of"Conditional Uses" as
Oat:
v. The proposed use is in «C a :.h all plieabk pr- stated in thi C-nde
€er the distfiet in whiek the use is to be-koeated. The use shell F,.:Etat° ... 1.1:,.
e
,.t that location
e. The proposed Conditional Use is in eonfoFmance with all off stfeet paf4EiRg and-
leadifig Fequifefnents ef tWs Code and ingfess and egress and pedestrian ways are
adequate.
due. and, doF have be .ddf .t in the proposed e appheation.
shall be : aeeofdanee with these
Cede regulations:
h. Proposed use signs shall be:n apeord—a R..e ..,:th en.,..FOViSi ons Of th:e!`ode
i. Open spaee ioeated an the pfoposed use will be maintained by the oA%eElEle,.,elqpef-.
j. The sii�e and shape of the site, including size, shape and arfangement of proposed
structures is in keeping with the intent of the Code
Boar) of Zoning Adjustment of the Conditional Use Permit
!. All amendments Oehenges to a Ge«.7:t:..«..I Use. NE) building peFmit shall be issued
exeept in eanfimmanee with provision of this Seetion.
p�currorrszrm�trro-uoc $niC�-b�'-&-filing-fee--vrten-dollars C$
.ed to« the eosts of«. bho notiee..
5 71142009
RECOMMENDATIONS OF THE CITY PLANNING COMMISSION
•
The City Planning Commission of the City Of Batesville, Arkansas, held its regular
monthly meeting on Monday, August 3, 2009, with Chairman Carina Osborn presiding.
Also present were Secretary Brian Langston, and Commission Members Steven Lewis,
Ronnie Hampton, Nina Womack, Ken Smith and Mike Fagan. Also present were Code
Enforcement Officer, Chad McClure, Planning Consultant Rob Middleton, City Council
Members Dr. Doug Matthews and Thomas Bryant.
Concerning a previous recommendation by the Planning Commission of a rezone request
by Brandon Holmes for Lot #1 (currently R-1) and Lot #2 (currently C-1) of property
located on Harrison St. just north of the Gap Rd. intersection being rejected by the City
Council of the City of Batesville, Arkansas. Zoning regulations state that any rezones
rejected by the City Council must return to the Planning Commission for further
consideration.
Therefore, Commissioner Fagan moved that the Planning Commission recommend to the
City Council of the City of Batesville, Arkansas, approval of the rezone request of Lot
#1 (currently R-1) to C-1 of the property located on Harrison St.just north of the Gap Rd.
intersection as requested by Brandon Holmes. The motion was seconded by
Commissioner Womack and upon vote of the commission was passed unanimously.
• Therefore, the City Planning Commission of the City of Batesville, Arkansas
recommends to the City Council of the City of Batesville, Arkansas, that the appropriate
action be taken by the City Council to cant' out the recommendations of the City
Planning Commission.
Batesville City Planning Commission
By
Carma Osborn, Chairman
By_ ?2P��
Brian Langston, Secretary
r
RECOMMENDATIONS OF THE CITY PLANNING COMMISSION
The City Planning Commission of the City Of Batesville, Arkansas, held its regular
monthly meeting on Monday, August 3, 2009, with Chairman Carma Osborn presiding.
Also present were Secretary Brian Langston, and Commission Members Steven Lewis,
Ronnie Hampton, Nina Womack, Ken Smith and Mike Fagan. Also present were Code
Enforcement Officer, Chad McClure, Planning Consultant Rob Middleton, City Council
Members Dr. Doug Matthews and Thomas Bryant.
The Planning Commission has worked on suggested Zoning and Subdivision Application
Fees. There are five types of application for subdivision actions that come before the
Planning Commission, and five applications for zoning action of the Planning
Commission or Board of Zoning Adjustment. At the present time, only applications for a
conditional use permit or a re-zone require payment of an application fee; in both cases,
the fee is a mere $10. The Commission believes that applicants should bear a portion of
the cost of processing applications for various approvals and revisions; expenses
associated with this review include staff time (Code Enforcement Officer, City Engineer,
Fire Chief, Water and Sewer Department personnel, etc.), city planning consultant time,
updates to the city map, copying, and so forth. While the Commission does not believe
that it would be reasonable to impose fees high enough to cover the entire cost of such
processing, it believes that some level of fee is appropriate and customary. The
• Commission reviewed the fee schedules of a number of cities in Arkansas and
recommends the following fees as reflective of average fees charged by cities of similar
size and circumstance to Batesville. The Planning Commission has therefore adopted a
resolution to include the suggested fees as part of the application process.
Commissioner Hampton moved that the Planning Commission recommend to the City
Council of the City of Batesville, Arkansas, the proposed ordinance to include the Zoning
and Subdivision Fees as part of the application process. The motion was seconded by
Commissioner Lewis and upon vote of the Commission was passed unanimously.
Therefore, the City Planning Commission of the City of Batesville, Arkansas
recommends to the City Council of the City of Batesville, Arkansas, that the appropriate
action be taken by the City Council to carry out the recommendations of the City
Planning Commission.
Batesville City Planning Commission
Carma Osborn, Chai an
By {
Brian Langston, Secretary
Currert Pi C.-1se:.
Proapplic6tior Nore Nc, Fee
Lot Split Norc• 51�
trliror Subdivisior Plat Norc•
Prelin'irary Plat Nem 52:4 I S4.lot
riral Plat Norc, 5.1v 52rlot
Qetern-iratiDr of Use N:_,,c
C:3rditioral Use c�;
Re z ire 5154 residertiali 5244 conwercial
'variar^c Nc,r+c S5before violatior 52CC after violatior
Appeal of Erfor-lowers decisior Wore 515
1
RECOMMENDATIONS OF THE CITY PLANNING COMMISSION
• The City Planning Commission of the City Of Batesville, Arkansas, held its regular
monthly meeting on Monday, August 3, 2009, with Chairman Carma Osborn presiding.
Also present were Secretary Brian Langston, and Commission Members Steven Lewis,
Ronnie Hampton, Nina Womack, Ken Smith and Mike Fagan. Also present were Code
Enforcement Officer, Chad McClure, Planning Consultant Rob Middleton, City Council
Members Dr. Doug Matthews and Thomas Bryant.
The Planning Commission has worked on several suggested revisions (dated 8/4/09) to
the existing Zoning Code. Items include: Home Occupation Signage, Imposition of
Parking Requirements and the Conditional Use Process. The Planning Commission has
therefore adopted a resolution to include the revisions as amendments to the existing
zoning code.
Commissioner Hampton moved that the Planning Commission recommend to the City
Council of the City of Batesville, Arkansas, the proposed ordinance to amend the
Batesville Zoning Code to include the proposed items. The motion was seconded by
Commissioner Lewis and upon vote of the Commission was passed unanimously.
Therefore, the City Planning Commission of the City of Batesville, Arkansas
recommends to the City Council of the City of Batesville, Arkansas, that the appropriate
action be taken by the City Council to carry out the recommendations of the City
• Planning Commission.
Batesville City Planning Commission
By
Carma Osborn, Chairman
By LAW
Brian Langston, Secretary
Issue: Home Occupation Signs
The current zoning code prohibits any kind of sign denoting the business, occupation or profession on a
�esidential structure in which a home occupation is taking place. Inasmuch as home occupations are
ermittecl in any residential district, with certain limitations, it seems unreasonable to prohibit any and all
signage. While signs need to be discreet and in harmony with the character of a residential neighborhood, it
would be helpful to identify the structure where the home occupation was taking place to minimize the
possibility of customers or clients disturbing nearby residences.
Recommendation: Allow a relatively small sign providing business name and function or nature of business,
but no advertising. More specifically,
Revise Section VI.,I., C. as follows:
C. . Does not have a sign in excess of four
(4) square feet in area to identify the business. Such sign shall be unlighted and must be attachedflush to
the side of the structure. There shall be no advertising signs or devices visible from the outside through a
door, window, or other opening of the residential structure or otherwise displayed on the property.
Issue: Imposition of Parking Requirements
Ordinance 2004-7-1 imposed a requirement that all new parking areas had to be paved with an.asphalt or
concrete surface. It further required any existing parking area in the city that did not meet that requirement
fd seven years to bring their parking lot into compliance. That deadline would be July 13,2011. The
tesville Planning Commission believes that the presence of substandard parking areas, constructed prior to
the passage of this ordinance, does not constitute a hazard to public health, safety or welfare to such an i
extent that remedial action is warranted. Especially in difficult economic times, this requirement imposes a
financial cost that is not commensurate with the benefit to be achieved. In addition, it will be expensive and
difficult for the City to enforce.
Recommendation: Strike the requirement for existing substandard parking areas to come into compliance
with the new surface standards. More specifically,
Revise Section XI, Subsection Il. D. as follows:
D. Design
A required off-street parking space shall be at least nine feet(9') in width and at least twenty feet(20') in
length.
All parking areas,public or private, containing more than five(5) parking spaces including open sales and
storage areas shall be improved with an asphalt or concrete surface.
areas that eentain five(5) or fnere parking spfteeg shall be sttrf�eed with an asphalt or eetterete material.
From the date afthis passage there will be tt time period ofseven (4) years allowed for property awnerg to-
bring existing substandard pMting ateas that are not surf�eed wiih asphalt or eenerefe into eempliftflee with-
these eegitle lens. This requirement shall apply to any parking area required by any regulation of the City
Ab�tesville for any new construction or renovation requiring additional parking spaces.
upj/docs.google.com/EdWdocid=d22b6fb_I2dhg2hjfb Page 1 of 5
Issue: Determination as to uses not listed.
for the Planning Whe zoning code currently provides a mechanismg Commission to determine if a use not
specifically listed as permitted, either outright or conditionally, is similar enough in character and impact to
those uses which are specifically listed and should be permitted, in the same manner and to the same extent.
Any property owner adversely affected by a negative decision of the Commission must appeal the
Commission's decision directly to Chancery Court . The Planning Commission does not believe it is
appropriate to force a property owner to immediately incur legal expenses in order to appeal a decision of the
Commission. The Commission believes that the initial appeal should be to the City Council.
Recommendation: Strike the reference to Chancery Court and insert City Council. More specifically,
Revise Section X., Subsection VII. E. as follows:
E. After the Planning Commission has made a determination,any aggrieved person may appeal
such determination to the C-mteery-Getnt City Council.
Issue: Conditional Use process
The current zoning code allows for certain uses to be permitted in a given zoning district only after the
conduct of a public hearing scheduled by the Board of Zoning Adjustment; authority for approving or
�nying such a conditional use is further assigned to the Board.
There are two major issues: first, by specifically requiring that the Board schedule the public hearing, and
because a minimum fifteen day advance legal notice of the hearing is required, an applicant is forced to wait
longer than necessary to receive a determination. It would be more efficient to allow the Enforcement
Officer to schedule the hearing and initiate the required notices, rather than wait until the next meeting for
the Board to act. Normally a public hearing can be scheduled at the next regular meeting following the
required fifteen day notice. If time is of the essence, the Enforcement Officer can notify the Chairman of the
desirability of a special called meeting.
Secondly, state law requires the creation of a Board of Zoning Adjustfrtent and specifies that its duties are to
hear appeals from decisions of the enforcement officer and decide on certain requests for variances from the
literal provisions of the zoning ordinance. Decisions of the Board can only be appealed to"a court of record
having jurisdiction." The Planning Commission does not believe that decisions regarding use should reside
with the Board; this would appear to be inconsistent with the statutory intent of the Board, which is
specifically limited in its ability to authorize a variance in use. It is not aware of any other city in the state
where the planning commission is not assigned this responsibility. More importantly, the Commission
believes that applicants should not be forced to immediately appeal a conditional use decision to the courts,
but should have to ability to appeal a decision to the City Council first.
Recommendation: Move the conditional use process to the Planning Commission, add a definition of
"Conditional Use", and allow the Enforcement Officer to schedule required public hearings. More
specifically,
ittp://docs.google.com/Edit?docid=d22b6fb_12dhg2hjfb Page 2 of 5
Add a new definition for conditional use between "Commercial or Business Use"and Condominium" in
Section fiI, Subsection II, as follows:
Conditional Use. A use permitted in a zoning district only after review and approval by the Planning
Commission. Conditional uses are such that they may be compatible only on certain conditions in specific
cations in a zoning district, or if the site is regulated in a certain manner. A conditional use is not to be
construed as a "temporary" use.
Revise the Conditional Use Process [Section XIII, Subsection I] as follows:
Move paragraph E. to a new Subsection IV. Change paragraph 'T." to "E." Change wording of new
Subsection IV as follows:
I_ IV. Conditional Uses
1. The Bettrd of Zoning At�ttsffnent, by Conditional �6se Pennits, may atRherize these uses listed as
The Planning Commission shall hear and decide only such
conditional uses as it is specifically authorized to pass on by the terms of these regulations and to
decide such questions as are involved in determining whether a conditional use should be granted, and
to grant a conditional use with such conditions and safeguards as are appropriate under these
regulations, or to deny a conditional use when not in harmony with the purpose and intent of these
regulations. A conditional use shall not be granted by the Planning Commission unless and until.-
a.
ntil.a. A written application is submitted to the Enforcement Officer, on such form or
forms and containing such information as the Planning Commission deems necessary to
properly consider the request. At a minimum, such application shall include a statement
indicating the section of these regulations under which the conditional use is sought and
stating the grounds on which it is requested.
b. The Enforcement Officer shall schedule a public hearing on said application and
cause notice of the hearing to be given in a paper of general circulation in Batesville at least
fifteen (1 S) days in advance of said hearing. The expense of such publication shall be borne
by the applicant. Notice of such hearings shall be posted on the propertyfor which
conditional use is sought, at least fifteen (1 S) days prior to the public hearing;
C. The public hearing conducted by the Planning Commission shall be held. Any
party may appear in person, or by agent or attorney;
d. The Planning Commission shall make a finding that it is empowered under the
section of these regulations described in the application to grant the conditional use, and that
these.
the granting othe conditional use will not adversely affect the public interest.
e. Before any conditional use shall be approved, the Planning Commission shall
make written findings certifying compliance with the specific rules governing individual
conditional uses and that satisfactory provision and arrangement has been made concerning
the following, where applicable:
(1) The proposed use in the proposed location will not be detrimental to other
uses legally existing or permitted outright in the zoning district.
• (2) The size of the site is adequate for the proposed use.
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(3) The traffic generated by the proposed use will not unduly burden the traffic
circulation system in the vicinity.
(4) The other performance characteristics of the proposed use are compatible
with those of other uses in the neighborhood or vicinity.
(5) Adequate buffering devices such as fencing, landscaping, or topographic
characteristics protect adjacent properties from adverse effects of the proposed use,
including adverse visual or auditory effects.
(6) The other uses in the vicinity of the proposed site are such as to permit the
proposed use to function effectively.
(7) The proposed use complies with the performance standards,parking i
requirements and other applicable provisions of this ordinance.
2. The decision of the Planning Commission, with respect to any application for a
conditional exception, shall be final, unless an appeal is made to the City Council within ten (10)
business days after the Planning Commission's decision. Said appeal shall be in writing to the
City Council and filed with the City Clerk.
eonfimms to the tequirements
2. The Gen Vftnte. fln
• I
(( 3. '
�r 4'
dimensions of f�e let, the size and loeettion of struetures to be ereeted and t1te site layout indieating
its UV.�r1IMIL..5
geneml eketil.-tion at least
5.
6. The Beard of Zoning dcdj ustment shall determine if said use is-eofnpatibl�e 'Ve `M Within
zoning The deterniination of eonipatibili�7, --hall inelude the , ,
"*-- --ftets'- plans, stmetures, king, noissee L,-., -the &et r-v4iieh ghal. to detertnin-e
10n Of a GOMM
,
but not L limited to!
a.
The proposed use shall be so loeate4 an'. operated so that the publie heitith, sttf`.-,
find welfare will be
b. The proposed land use is eempff"He -0.41, ON-e-r-arett propedie5-�U IIV".
c.
The proposed use is in empliamee vVith �L_ III L&I.a
c Gude.
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d.
&,_1_
reqetremeb
.iv vi this code C-Htt and ingress
1. bttards b b > not > >
Oder have been addressed in the proposed use tpliedtion.
g b ftild Sereening OF the pr shall be itt tteeardatiee with-these Gade
I.r:
iG�f�i-fS:
h.
i. Open spaee-laeat-4 am the prop
j. 42be size and shape ftF+h�f
k.
b J
Conditional �49e Permit.
L
7. tq shall be
required sts Of --lie notiees.
1 7/14/2009
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