§ B. Zoning requirements.
1.
Manufactured homes, class I, and mobile homes.
(A)
Zoning and permits. No manufactured home, class I, nor any mobile home, nor any other such structure which does not meet the definition of manufactured home, class II shall be installed, used, parked or occupied on any site in the county unless the following requirements are met:
(1)
The proposed placement of such structure must be in an area zoned R-6, in an existing mobile home park, or on a site which qualifies under one or more permitted exceptions as described herein below, except that such structure may not be placed on any site which is a part of a properly platted and approved subdivision or planned residential district as defined elsewhere in this Code (provided that such units may be located for sale upon a site properly zoned to a commercial classification which allows such activity);
(2)
An application shall be filed with the county, through the planning and zoning department, for a special use permit from the board of commissioners to allow such installation, use and occupancy for single-family purposes on any site zoned for single-family use, and permits must be obtained prior to transportation to such site. Such application shall be on forms specified by the county and shall include such information as is reasonably necessary for evaluation of the application;
(3)
The following, as a minimum, shall be filed with the special use permit application:
(a)
Complete set of design plans which should also include a drawing depicting each elevation of the exterior appearance of the unit and which depict the unit size to be not less than 1,100 square feet of heated floor space.
(b)
Plat of the proposed site prepared by a registered surveyor showing at a minimum the exterior boundaries of the site, proposed location of the unit upon the site, and side, front and rear setbacks of the unit as proposed to be located, as measured from the exterior boundaries of the lot.
(c)
An initial fee of $125.00 on file in the planning and zoning department and with the clerk of the board of commissioners.
(d)
A certificate from an inspector selected or approved by the county certifying that the unit was manufactured in accordance with the building codes in effect for the county at the time of filing the application for a permit (for example, building, heating and air-conditioning, plumbing, electrical or other codes).
(4)
The special use permit herein required shall be in addition to all other permits or requirements of the ordinances, rules and regulations of the county.
(5)
No action on a request for special use permit shall be considered by the board of commissioners until:
(1)
A sign is posted on the proposed site for a period of not less than 15 days stating the requested action and the date, time and place for hearing; and
(2)
A hearing is conducted by the board of commissioners.
(6)
No such special use permit shall be granted unless the unit, when completely installed as a single-family dwelling unit, will be compatible with the adjacent and surrounding area, especially in size, exterior appearance, front, rear and side setbacks, and will have no adverse effect upon the value of adjacent property and the surrounding area and will not otherwise be detrimental to the health, safety or welfare of the citizens of the county.
(7)
No unit shall be installed upon any site unless and until any permit herein required is granted, and unless and until all permits for any on-site work to be performed (site preparation, utility and service connections, foundation or any other on-site work) have been obtained from the county. The applicant for any such permits shall pay to the county, at the time of application, its fee for those inspections required for on-site work. Such fees shall not exceed the amount charged for similar inspections and/or permits on conventionally-built structures.
(8)
In addition to obtaining the above permits, and prior to occupancy, every such unit which is installed shall be installed on a permanent foundation, which is permanently enclosed, and shall have all wheels, axles and hitches removed.
(9)
No unit shall be installed upon any lot or parcel of land which forms a part of a platted subdivision for which a plat has been approved by the county and recorded in the office of the clerk of the county superior court.
(B)
Permitted exceptions.
(1)
Existing mobile homes and manufactured homes, Class I not in a mobile home park may remain on presently occupied lots provided that the area of the lot is a minimum of 20,000 square feet; with a minimum width of ten feet and a minimum front yard of 35 feet and side yards of 30 feet; and water and sewer services are provided and are in compliance with health department standards. The mobile home shall be placed on a masonry foundation and enclosed from the foundation to the mobile home floor by concrete block or other ways approved by the county building inspector.
(2)
Hardship applications will be considered when accompanied by a doctor's affidavit, given under oath and appropriately notarized, stating the applicant's physical condition and the need for living close to someone for the purpose of that person helping to care for the applicant. Applications must conform to the regulations applicable to filing for rezoning and must be accompanied by an application fee of $125.00, to be advertised for the planning commission meeting the following month. The planning commission shall consider the application and shall make a recommendation to the board of commissioners either that the application be approved or denied. Recommendations regarding the application rest in the inherent discretion of the planning commission. Decisions regarding the grant or denial of such application rest in the inherent discretion of the board of commissioners. In considering such application, the board of commissioners may consider the following factors: the degree of the hardship experienced by the applicant; current zoning; location in the county of the proposed site; other alternatives to placement of such structure; feasibility of installation of such structure on the proposed site; effect on aesthetics and market value of neighboring areas; the health, safety, and welfare of the residents of the county; and other factors deemed pertinent.
(3)
Temporary permits may be granted by the permit office to an individual for the location of a single mobile home on a tract of land anywhere within the unincorporated portions of the county for the following purposes:
(a)
A temporary dwelling or mobile home to be occupied or otherwise used in conjunction with the construction of a permanent type building or dwelling, and located on the same site. The maximum time that the temporary permit shall remain in effect in such case shall be one year or until completion of construction, whichever is less. Before approval of any temporary permit, the applicant must have completely dug and poured the footings for the permanent dwelling.
(b)
Entertainment activities such as fairs or carnivals. The maximum time that the temporary permit shall remain in effect in such cases shall be four weeks or until the activity is finished, whichever is less.
(c)
Bona fide recreation activities. The maximum time that a temporary permit shall remain in effect in such cases shall be specified in said permit, but shall not exceed six months.
(d)
Religious activities. For facilities used for the gathering of individuals for religious worship, the maximum time that a temporary permit shall remain in effect in such cases shall be specified in said permit, but shall not exceed one year.
(e)
An office, mobile unit, may be moved in by the developer for a 12-month period.
(f)
Temporary permits are issued subject to the following conditions:
(i)
The foundation of the mobile home identified in the temporary permit shall not be made permanent.
(ii)
The regulations of the county and state health departments regarding sanitary facilities, water supply, and sewage disposal shall be met, provided that the water supply and sewage disposal systems of any other buildings existing on the site or under construction in the site may be used. This sewage disposal system at a minimum shall consist of a septic tank and nitrification field where public sewerage is not available.
(iii)
One extension of time on a temporary permit for construction of a dwelling shall be permitted for not longer than a period of six months. An extension is contingent upon a showing by the applicant that the following items must have been completed with the one year period. The house must be completely framed, the windows and doors set, the roof completed, and exterior walls completed.
(iv)
The temporary permit fee shall be $200.00, provided that no such fee is required for a temporary permit for three weeks or less.
(v)
Time extensions of said permits may be granted in the inherent discretion of the board of commissioners.
(4)
Each temporary permit shall specify the purpose and the time period for which it is issued. A copy of each temporary permit shall be signed by the individual to whom issued and shall be retained in the files of the permit office. Public advertisement and a hearing before the planning commission is not required for a temporary permit.
(5)
Any existing valid permits for manufactured and mobile homes are not revoked, however, valid manufactured and mobile homes shall be maintained in place only in accordance with the county zoning ordinance. Specifically, no existing manufactured or mobile home shall be replaced by another structure governed by this ordinance, nor shall any such existing structure be used other than as owner occupied. Any conforming owner-occupied single-wide mobile home may be replaced by another such conforming structure within 30 days of its removal or destruction.
(6)
Campers and travel trailers are not required to conform to this resolution unless used for living purposes.
(7)
Collapsible camping trailers, when stored outside of a carport or a garage, shall be stored in their collapsed condition.
(8)
All mobile homes occupied via a hardship or other special permitting bases shall be reviewed every 12 months by the county marshal's office to determine if the hardship still exists. If it is determined that the hardship no longer exists, then the mobile home shall be:
(a)
Placed in an approved zoning district or other location where a permitted exception exists as set forth it this section; or
(b)
Removed from the county.
(9)
No electrical power company shall hereafter connect electrical service to any mobile home site for human habitation or for other purposes for using electricity unless the person requesting such electrical service shall present to the electrical company a permit and inspection report from the county permit office showing that the inspection and permit have been made within six months of the time the electrical service is requested.
2.
Manufactured homes, class II.
Zoning requirements. Manufactured homes which meet the requirements of manufactured homes, class II, shall be permitted in all residential zoning districts, except that such structure may not be placed on any site which is a part of a properly platted and approved subdivision or planned residential district as defined elsewhere in this Code; provided that the following requirements are met:
(A)
The structure has a minimum square footage as required by the zoning district in which the proposed site is located, but in no event shall said structure have less than 1,100 square feet of heated floor space.
(B)
The roof shall have a minimum 2:12 pitch and shall have a surface of wood shakes, asphalt composition, wood shingles, concrete, fiberglass or metal tiles, slate, built-up gravel materials, or other materials approved by the permit department.
(C)
The exterior siding material shall consist of wood, masonry, concrete, stucco, masonite, metal or vinyl lap or other material of like appearance.
(D)
The structure must be attached to a permanent foundation.
(E)
Every such unit which is installed shall be installed on a permanent foundation, all towing devices, wheels, axles, and hitches must be removed, and the area beneath must be enclosed with materials manufactured for such purposes, including but not limited to brick, concrete, rock or other materials which have been approved by the permit department.
(F)
At each exit door there must be a landing consisting of cement, concrete, brick, pressure treated lumber or other like material that complies with the state minimum standard codes and having a minimum area of 36 inches by 36 inches.
3.
Notification to purchaser. It shall be the duty and responsibility of any seller of a unit of any class described in this section to notify any potential purchaser, prior to completion of any sale, of the applicable zoning requirements as set forth hereinabove, and this notification shall be evidenced by a statement signed by each purchaser at the time of any sale that such notification was made prior to completion of the sale. Such signed statement shall be retained by the seller for a minimum of three years from the date of sale and shall be produced for inspection by the county at any time during the hours of 10:00 a.m. and 4:00 p.m., Monday through Friday, except holidays established by the county, through any authorized agent appointed by the board of commissioners, upon request by the county for inspection.
4.
Industrialized buildings.
(A)
Permits required. No industrialized building shall be installed upon any site unless and until permits for any on-site work to be performed (site preparation, utility and service connections, foundation, or any other on-site work) have been obtained from the county.
(B)
Permit fees. The applicant for any such permits shall pay to the county, at the time of application, its fee for those inspections under/or permits on conventionally-built structures.
(C)
Insignia requirements. No industrialized building shall be installed or occupied in the county unless it bears an insignia of the state department of community affairs indicating state approval pursuant to state law.
(D)
Zoning. No industrialized building shall be erected upon any site in the county, nor used for any purpose, unless the site is properly zoned for the intended use or a special use permit has been obtained for the intended use and unless all other requirements of zoning (setback requirement, building size, etc.) and other ordinances of the county are met which are applicable to the zoning classification for the site or for the installation.
(E)
Other ordinances. This ordinance does not eliminate the necessity of complying with any ordinance, rule or regulation of the county which relate to matters addressed, investigated and approved by the state through its department of community affairs resulting in the issuance of its insignia.
(F)
Notification by seller. It shall be the duty and responsibility of any seller of any industrialized building to notify any potential purchaser, prior to completion of any sale, of these requirements. This notification shall be evidenced by a statement signed by each at the time of completion of a sale, that such notification was made prior to completion of the sale. Such signed statement shall be retained and open for inspection the same as for a manufactured home, class I, above.
5.
Violations. Any violation of the provisions of this ordinance shall be punishable by a fine not to exceed $500.00 or imprisonment for a term not to exceed six months, or loss of business license of any seller. In addition, any manufactured home, industrialized building, or mobile home erected, constructed, parked, occupied or used in violation of the terms of this ordinance shall be termed a nuisance and a continuing nuisance so long as such violation may be continued, and such violation may be subject to abatement as a nuisance as provided by the laws of this state and the industrialized building or manufactured home shall be instantly removed from the site. In addition, the terms of this ordinance may be enforced by the county, or proper county authority authorized by the board of commissioners, by injunction or otherwise. This right to injunctive relief is cumulative and is not to be construed as curtailing the right of any person, resident, property owner or other enforcement of this ordinance or of such rules and regulations as may be promulgated by the county in pursuance of this ordinance.