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1325ORDINANCE NO. 1325 AN ORDINANCE PROVIDING FOR THE TEMPORARY PLACEMENT OF MOBILE HOMES AND PORTABLE BUILDINGS, DECLARING AN EMERGENCY AND FOR OTHER PURPOSES. WHEREAS, as a result of tornado damage in the City of + West Memphis on December 14, 1987, many residents and ~ businesses have been displaced and are in urgent need of emergency relocation structures; and WHEREAS, the use of mobile homes and portable buildings is a practical and expedient method of providing emergency relocation structures for such residents and businesses; and WHEREAS, the use of mobile homes and/or portable buildings in certain areas may be prohibited or restricted by existing zoning regulations, building codes and other regulations which should be temporarily suspended in such areas for the limited purpose of permitting the use of mobile homes and portable buildings as temporary emergency relocation structures; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: SECTION 1. Within the disaster area, temporary placement of a mobile home or a portable building on a lot is authorized where a permanent residence or business shall be constructed or reconstructed provided the following conditions are met: A. A ninety (90) day renewable permit is obtained for the temporary placement of a mobile home or a portable building. The permit shal=l be renewable for a maximum period of six (6) months, including the origina]_ 90 day period, based upon evidence of continuous progress toward the construction or reconstruction of a permanent residence or business on the lot. B. Prior to the placement of a mobile home or portable building on a lot, the lot shall be cleared of rubbish and debris. C. Water, sewer, gas and electricity shall. be available on the lot and an approved back-flow valve must be installed. D. All applicable requirements of the building, electrical and plumbing codes are complied with. E. This section is applicable only for those persons or businesses who were displaced by the December 14, 1987 tornado. SECTION 2. Mobile homes or portable buildings as permitted in Section 1 may be placed on or within the portion of such lot adjacent to a street and upon which portion the City may have a right-of-way if such placement would not othercaise create a health or safety hazard as determined by the Code Enforcement Officer. SECTION 3. Failure to provide evidence of continuous progress toward the construction or reconstruction of a permanent residence or a business shall cause the ninety (90) day renewable permit to be cancelled, in which event: A. The lot shall be brought within compliance of Ordinance 1258, the Zoning Ordinance; and B. The mobile home shall be removed from the lot. SECTION 4. The boundaries of the Disaster Area referred to in this Ordinance are delineated on an attached map, said map being a part of this Ordinance. SECTION 5. It is hereby made the duty of the Code Enforcement Officer to enforce the provisions of this Ordinance as prescribed herein or such other provisions as may hereafter be enacted. SECTION 6. Any person whose residence was rendered uninhabitable as a result of tornado damage and who owns property, other than residential property, outside the disaster area may obtain a ninety (90) day renewable permit for the placement of a mobile home to be occupied by them on such other property. Such permit shall be subject to the conditions as set out in Section 1 of this Ordinance. r w 1 ~ ~ SECTION 7. EMERGENCY CLAUSE. It having been found and determined by the City Council of the City of West Memphis, Arkansas, that there is an urgent need for emergency relocation structures for residents and businesses that have been displaced as a result of the tornado damage on December 14, 1987, an emergency is hereby declared to exist, and this Ordinance being necessary for the preservation of the public peace, health, safety and welfare of the Citizens of West Memphis, Arkansas, shall be in full force and effect from and after the date of its passage and approval. PASSED AND APPROVED this 22nd day of December, 1987. 7 MAYOR I