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1984-10-01
CITY-OF-BATESVILLE
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1984-10-01
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ORDINANCE NO. <br /> AN ORDINANCE REGULATING AND RESTRICTING THE PLACEMENT OF MOBILE <br /> HOMES IN THE CITY OF BATESVILLE, ARKANSAS; AMENDING THE BATES- <br /> VILLE ZONING CODE; DECLARING AN EMERGENCY AND FOR OTHER PURPOSES: <br /> BE IT ORDAINED BY THE CITY COUNCIL OF' THE CITY OF BATESVILLE, <br /> ARKANSAS: <br /> SECTION 1 : It shall be unlawful for any person, firm, corpor- <br /> ation or other entity to park or otherwise place a mobile home <br /> within the City of Batesville, Arkansas in an R-1 _Residential <br /> Zoning District; that it shall be unlawful for any person, firm, <br /> corporation or other entity to park or otherwise place a mobile <br /> home within the City of Batesville , Arkansas in an R-2 residential <br /> Zoning District except when placed in a mobile home park in <br /> accordance with Section VII of the city of Batesville Zoning Code. <br /> SECTION 2: That Section V of the Batesville Zoning Code is <br /> hereby amended to add the following subsection: <br /> "I. H. Mobile homes as defined in this code shall not <br /> be stored, parked or otherwise placed in an R-1 resi- <br /> dential district. " <br /> O SECTION 3 : Section V of the Batesville Zoning Code is further <br /> amended to add the following Subsection: <br /> "II . H. The storing, parking or otherwise placing of a <br /> mobile home in an R-2 residential zoning district is <br /> prohibited except as allowed under Section VII of this <br /> code. " <br /> SECTION 4: The term mobile home , as used in this ordinance, <br /> shall be defined exactly as that definition contained in Section <br /> III Subsection II of the Batesville Municipal Code. <br /> SECTION 5: The penalty for violation of this ordinance shall be <br /> the same as that contained in Section XII of the Batesville <br /> Municipal Code. However, said criminal penalties shall not be <br /> the exclusive remedy available to the city to compel compliance <br /> with this ordinance , the city retaining all other methods of <br /> enforcement available to it including any type of injunctive <br /> relief or other civil remedies lawfully available. <br /> SECTION 6 : Any and all other ordinances or parts of ordinances <br /> in conflict herein are hereby repealed. <br /> SECTION 7 : That the parts or words of this ordinance are <br /> severable and if any part or parts , word or words , of this ordi- <br /> nance is declared to be unconstitutional or otherwise unlawful, <br /> then the remaining valid portions of this ordinance shall remain <br /> in full force and effect as though the invalid, unlawful or <br /> unconstitutional portions thereof were never made a part hereof. <br /> SECTION 8 : EMERGENCY CLAUSE-whereas the Batesville Zoning Ordinance <br /> now in effect attempts to restrict the placement of mobile homes <br /> through the system of definitions and reference throughout the I <br /> ordinance , said method, although intending to restrict the place- <br /> ment of mobile homes in residential areas to mobile home parks, <br /> maybe confusing and causes unneeded inquiries , the city council <br /> of the City of Batesville, Arkansas finds that said zoning code <br /> needs clarification and said clarification as contained in this <br /> ordinance is needed immediately and an emergency is hereby de- <br /> clared to exist in order to protect the public health, safty and <br /> welfare and this ordinance shall be in full force and effect <br /> from and after the date of its passage period. <br /> ADOPTED this day of c�_c, 1984 . <br /> ATTEST: APPROVED: <br /> Larry Williams, City Clerk )/ on. Ji Shirrel Mayor <br />
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