By John Howell Sr.

Batesville city officials meeting Tuesday moved toward a compromise on a proposed ordinance that would restrict the sale of private vehicles in commercial parking lots.

Three used vehicle dealers first approached the mayor and aldermen at their Feb. 1 meeting and asked for a ban similar to bans adopted in Olive Branch and Hernando. At that meeting Boyce Crowell said that unrestricted sales cost the city its share of sales tax, allowed out-of-town wholesale and retail dealers opportunity to sell vehicles without the privilege taxes and licensing paid by local dealers and cluttered the Highway 6/278 corridor through the city.

Commercial property owner Woody Loden attended the Feb. 15 meeting to protest adoption of the restrictive ordinance. He said that he rents space on a monthly basis to people who want to display their vehicles for sale in the high-visibility location at his Midtown Market Shopping Center where Fred’s is located. Loden said that the rental provides a legitimate income for his property that helps to offset the expenses of ownership and maintenance. He also said that he does not allow dealers to display vehicles for sale there.

Tuesday’s meeting began an hour earlier to allow the mayor and aldermen to discuss the proposed ordinance.

Assistant City Attorney Colmon Mitchell distributed copies of a less restrictive ordinance that had been adopted by Tupelo. The Tupelo ordinance contains language that allows vehicle sales “incidental to the primary purpose of conducting the business to which they hold a valid license,” which would allow a bank to sell repossessed vehicles from its parking lot, the attorney said.

First Security Bank CEO Frank West spoke briefly at the Feb. 15 meeting against restrictions so stringent that curbside sales of repossessed vehicles would be prevented.

The Tupelo ordinance also contains language that would not restrict sales incidental to antique car shows like that held on the Batesville Square last October, Mitchell said. Loden had told aldermen at the Feb. 15 meeting that the Olive Branch and Hernando ordinances would make those sales illegal.

The Tupelo ordinance allows vehicles to be sold from private parking lots, but limits the number, the attorney said.

“If you’re sympathetic to his (Loden’s) position, this would let you do it,” Mitchell said. However, the Tupelo ordinance restricts the number of vehicles to two at a time and no more than eight annually. Mitchell said that the similar language could be adopted for a Batesville ordinance but with a different number of vehicles allowed.

“I’m saying you could change it to zero, or to 24 or to 30,” Mayor Jerry Autrey said.

“If you change it to more than eight and you get on up there, you’re right back to where you started,” said Alderman Stan Harrison, who has said that he objects to the rows of vehicles for sale along the Highway 6/278 corridor as being unsightly.

Aldermen Bill Dugger and Eddie Nabors both said that they are in favor of prohibiting sales by unlicensed dealers.

“The whole thing with me is … a dealer has to have licenses and they’re paying for their property and another dealer comes in and gets a free ride,” Dugger said.

“There a difference between a dealer and an individual,” Nabors said. “I don’t have any problems with limiting (an unlicensed) dealer. … That’s probably a legitimate concern coming from the business community. I’ve got a concern limiting an individual an opportunity to sell his vehicle.”

City Code Administrator Pam Comer said that the C-2 zoning requires one parking space for every 200 square feet of “gross floor area” in a shopping center. A C-3 zoning classification is required for a used car lot.

“People are getting conditional use permits to sell crawfish out there; people are getting conditional use permits to sell fireworks out there,” Comer said.

“So why shouldn’t he (Loden) have to get one to sell cars out there?” Alderman Teddy Morrow asked.

“But, it’s not zoned properly for car sales,” Comer said. “I just don’t think the city could sell Woody Loden a license to sell cars.”

The city officials talked about requiring individual vehicle owners to purchase permits to sell their vehicles on property other than their own to requiring the commercial parking lot owner to purchase a permit to allow the sales. It lasted for 45 minutes.

“How many here do not want the sale of any vehicles along the right-of-way?” Mayor Autrey asked near the end of the discussion.

“I would,” Harrison replied, “unless it’s their own vehicle on their own property.”

“I don’t know if I’m there yet,” Nabors said.

“Looks like … if we allow somebody, we’re going to have to regulate it. I can’t get a vote to say we’re not going to do it at all,” Autrey said.

Autrey recommended that any parking lot owner who wants to sell vehicles from a parking lot first determine the number of parking spaces required for the building’s gross square footage. The number would be subtracted from the total parking spaces in the lot to determine how many would remain available for display of vehicles for sale.

Comer said that a conditional use permit could then be issued to allow the sales, limiting the number of vehicles.

The city officials agreed to begin their next meeting — April 4 — again an hour earlier to allow further consideration of the ordinance and municipal policy.