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Agenda Item 7: Deletion of Zoning Code chapters 14.13, 14.20 and 14.28 <br /> <br />DRAFT - 19 - DRAFT <br /> <br />Delete the text of Chapter 14.13. This is a carry-over of a section in the original adopting ordinance (659 of 1957). Adopting <br />ordinance language should not be in the Code itself; the ordinance adopting the Code included this language. It would make <br />sense to re-number Chapter 14 (Signs) to Chapter 13. There are no cross-references to the sign chapter within the rest of the <br />Zoning Code. The only potential conflict may be with application documents. <br /> <br />CHAPTER 14.13. SEVERABILITY AND EFFECTIVE DATE <br />Sections <br />14.13.01 Validity of Regulations <br />14.13.02 Conflicting Provisions Repealed <br />14.13.01. Validity of Regulations <br />If any section, paragraph subdivision, clause, phrase, or provision of these regulations shall be adjudged invalid or held <br />unconstitutional, the same shall not affect the validity of these regulations as a whole or any part or provision thereof other than <br />the part so decided to be invalid or unconstitutional. <br />14.13.02. Conflicting Provisions Repealed <br />All ordinances or parts of ordinances in conflict herewith are hereby repealed and these regulations shall take effect and be in <br />force immediately from and after the date of its adoption. <br />Delete the following chapters: Both refer to very old ordinances (683 and 995) that were included in the original Municipal <br />Code prepared by the Arkansas Municipal League. Both have been superseded by various section in the current Zoning Code <br />and their inclusion here is both conflicting and confusing. <br /> <br />14.20 BUILDING SET BACK LINES <br />Sections: <br />14.20.01 Purpose <br />14.20.02 Definitions <br />14.20.03 Building line setback plan and map adopted <br />14.20.04 Restrictions on issuing building permit <br />14.20.05 Penalty for violation <br /> <br />14.20.01 Purpose. <br />The purpose of this chapter is in furtherance of and to achieve a planned street pattern, and to ensure that buildings will not be <br />erected too near, or in the bed of projected streets or potential street widenings. (Ord. No. 683, Sec. 1) <br />14.20.02. Definitions. <br />(a) A setback line is that line parallel to the front property line in front of which no structure shall be built; <br />(b) A highway or street right-of-way line is that line which indicates the right-of-way boundary of said highway or street. <br />(Ord. No. 683, Sec. 3) <br />14.20.03. Building line setback plan and map adopted. <br />The building line setback plan and map of date March 7, 1961, duly certified and filed with the clerk/treasurer by the Batesville <br />Planning Commission on October 6, 1961, be and the same is hereby adopted; and a standard setback of forty (40) feet from <br />highway or street right-of-way is hereby established. Such building line setback map indicates those streets on which the <br />setbacks are established. (Ord. No. 683, Sec. 4) <br />14.20.04. Restrictions on issuing building permit. <br />Hereafter no building permit shall be issued to any person, firm or corporation or other owner of land bordering on any street to <br />construct, erect, reconstruct or alter any building closer to the right-of-way designated by the setback lines herein established, <br />together with any amendments or additions thereto adopted by the city council. (Ord. No. 683, Sec. 5) <br />14.20.05. Penalty for violation. <br />Any person, firm or corporation violating the provisions of this chapter, or who shall fail to comply with any order made <br />thereunder, or who shall continue to work upon any structure after having received notice from the administrative official to <br />cease work, shall be guilty of a misdemeanor and punishable by a fine not to exceed One Hundred ($100.00) Dollars for each <br />offense; and each day such violation shall be permitted to exist shall constitute a separate offense. (Ord. No. 683, Sec. 6)