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HomeMy WebLinkAbout1984-10-01 ORDINANCE NO. AN ORDINANCE REGULATING AND RESTRICTING THE PLACEMENT OF MOBILE HOMES IN THE CITY OF BATESVILLE, ARKANSAS; AMENDING THE BATES- VILLE ZONING CODE; DECLARING AN EMERGENCY AND FOR OTHER PURPOSES: BE IT ORDAINED BY THE CITY COUNCIL OF' THE CITY OF BATESVILLE, ARKANSAS: SECTION 1 : It shall be unlawful for any person, firm, corpor- ation or other entity to park or otherwise place a mobile home within the City of Batesville, Arkansas in an R-1 _Residential Zoning District; that it shall be unlawful for any person, firm, corporation or other entity to park or otherwise place a mobile home within the City of Batesville , Arkansas in an R-2 residential Zoning District except when placed in a mobile home park in accordance with Section VII of the city of Batesville Zoning Code. SECTION 2: That Section V of the Batesville Zoning Code is hereby amended to add the following subsection: "I. H. Mobile homes as defined in this code shall not be stored, parked or otherwise placed in an R-1 resi- dential district. " O SECTION 3 : Section V of the Batesville Zoning Code is further amended to add the following Subsection: "II . H. The storing, parking or otherwise placing of a mobile home in an R-2 residential zoning district is prohibited except as allowed under Section VII of this code. " SECTION 4: The term mobile home , as used in this ordinance, shall be defined exactly as that definition contained in Section III Subsection II of the Batesville Municipal Code. SECTION 5: The penalty for violation of this ordinance shall be the same as that contained in Section XII of the Batesville Municipal Code. However, said criminal penalties shall not be the exclusive remedy available to the city to compel compliance with this ordinance , the city retaining all other methods of enforcement available to it including any type of injunctive relief or other civil remedies lawfully available. SECTION 6 : Any and all other ordinances or parts of ordinances in conflict herein are hereby repealed. SECTION 7 : That the parts or words of this ordinance are severable and if any part or parts , word or words , of this ordi- nance is declared to be unconstitutional or otherwise unlawful, then the remaining valid portions of this ordinance shall remain in full force and effect as though the invalid, unlawful or unconstitutional portions thereof were never made a part hereof. SECTION 8 : EMERGENCY CLAUSE-whereas the Batesville Zoning Ordinance now in effect attempts to restrict the placement of mobile homes through the system of definitions and reference throughout the I ordinance , said method, although intending to restrict the place- ment of mobile homes in residential areas to mobile home parks, maybe confusing and causes unneeded inquiries , the city council of the City of Batesville, Arkansas finds that said zoning code needs clarification and said clarification as contained in this ordinance is needed immediately and an emergency is hereby de- clared to exist in order to protect the public health, safty and welfare and this ordinance shall be in full force and effect from and after the date of its passage period. ADOPTED this day of c�_c, 1984 . ATTEST: APPROVED: Larry Williams, City Clerk )/ on. Ji Shirrel Mayor