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Adairsville City Zoning Code

ARTICLE VIII

MANUFACTURED HOMES

Sec. 47-206.- Purpose.

The purpose of this article is to ensure that manufactured homes are installed on a site according to applicable federal and manufacturers' requirements; that manufactured homes are architecturally compatible with single-family residences and other land uses in the city currently and consistent with the mayor and city council's vision for future development in the city; and that pre-owned manufactured homes are in a safe and sound condition when they are relocated into the city.

(Min. of 11-10-2016, § 10.1)

Sec. 47-207. - Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Applicant means any person seeking to install a pre-owned manufactured home in the incorporated area of the city.

Architectural features means ornamental or decorative features attached to or protruding from an exterior wall, including cornices, eaves, gutters, belt courses, sills, lintels, bay windows, chimneys, and decorative ornaments.

Bay window means a window assembly whose maximum horizontal projection is not more than two feet from the vertical plane of an exterior wall and is elevated above the floor level of the home.

Building inspector means the person appointed, employed, or otherwise designated as the director of planning, permits and inspections; the city building official or any of his assistants.

Certificate of occupancy means a document issued by the building inspector certifying that a manufactured home is in compliance with applicable requirements set forth by this article and indicating it to be in a condition suitable for residential occupancy.

Compatibility means, with regard to buildings, achieving harmony in appearance of architectural features in the same vicinity.

Dormer means a window projecting from a roof.

Eave means the projecting lower edges of a roof overhanging the wall of a building.

Install means to construct a foundation system and to place or erect a manufactured home on such foundation system. The term "install" includes, without limitation, supporting, blocking, leveling, securing, or anchoring such manufactured home and connecting multiple or expandable sections of such manufactured home.

Jurisdiction means the incorporated area of the city.

Pre-owned manufactured home means any manufactured home that has been previously used as a residential dwelling and has been titled.

(Min. of 11-10-2016, § 10.2)

Sec. 47-208. - Installation permit and certificate of occupancy required.

(a)

No manufactured home shall be installed on any site without first obtaining an installation permit. An installation permit shall not issue unless the building inspector determines that:

(1)

The site meets the requirements of the city's ordinance for the location of manufactured housing, which requires that the subject property be zoned R-3;

(2)

The manufactured home complies with federal and state requirements applicable to manufactured housing; and

(3)

The manufactured home, once installed, will comply with the provisions of this article.

(b)

No manufactured home shall be occupied without a certificate of occupancy. The building inspector shall not issue a certificate of occupancy for a manufactured home unless it has been installed in compliance with federal and state laws and regulations, manufacturers' instructions, and unless it is in conformity with all the provisions of this article.

(Min. of 11-10-2016, § 10.3)

Sec. 47-209. - Installation requirements.

(a)

Hauling mechanisms removed. The transportation mechanisms, including wheels, axles, and hitch, must be removed prior to occupancy.

(b)

Installation regulations. The manufactured home shall be installed in accordance with the installation instructions from the manufacturer, as appropriate.

(c)

Approved septic system. Each manufactured home shall be connected to a public sanitary sewer system, community sewerage system, or on-site septic system with capacity available as approved by the health officer.

(d)

Foundation. The manufactured home shall be placed on a permanent foundation.

(e)

Masonry skirting. The entire perimeter area between the bottom of the structure of each manufactured home and the ground, including stairways, shall be underpinned with masonry that completely encloses the perimeter of the undercarriage and attached stairways except for proper ventilation and access openings.

(f)

Exterior finish. The exterior siding of the manufactured home shall consist of wood or hardboard siding material.

(g)

Roof pitch and materials. The manufactured home shall have a pitched roof with a slope of at least five feet in height for each 12 feet in width. Roof materials shall be wood shake, tile, or asphalt shingle material.

(h)

Width and square footing. The manufactured home shall consist of two fully enclosed parallel sections and a total width of at least 20 feet. It shall be at least 1,200 square feet in conditioned living space.

(i)

Covered porch. A covered porch or deck shall be provided facing the front yard or street prior to occupancy, with a ten-foot minimum depth and a minimum of 20 feet in length.

(j)

Additional architectural features. The manufactured home shall contain eaves with a minimum projection of six inches, window shutters, and at least one additional architectural feature such as dormers, bay windows, or another architectural feature that will provide equal compatibility with surrounding residences and land uses, as approved by the building inspector.

(k)

Yard. Each newly installed manufactured home shall be located so that there is an unshared yard adjacent to the structure that is at least 5,000 square feet.

(l)

Buffer. No manufactured home shall be located closer than 30 feet from the property line of an adjacent property having a residential zoning classification.

(Min. of 11-10-2016, § 10.4)

Sec. 47-210. - Legal nonconforming manufactured homes.

Legal nonconforming manufactured homes existing prior to the date of the ordinance from which this article is derived may remain in use without complying with this article; however, whenever a legal nonconforming manufactured home is replaced with a manufactured home, the replacement home shall comply with this article. Whenever a nonconforming manufactured home falls into such a state of disrepair that the certificate of occupancy is revoked, in order for a certification of occupancy to be reissued, the manufactured home shall be brought into compliance with this article.

(Min. of 11-10-2016, § 10.5)

Sec. 47-211. - Mobile homes.

No mobile homes, defined as units constructed prior to June 15, 1976, shall be allowed within the city. Only manufactured homes constructed to the Federal Manufactured Home Construction and Safety Standards governed by the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended, 42 USC 5401 et seq. shall be permitted to be installed or relocated within the jurisdiction. Pre-owned manufactured homes relocated into or within the city, must comply with the provisions of this article.

(Min. of 11-10-2016, § 10.6)

Sec. 47-212. - Pre-owned manufactured homes.

In addition to the other requirements of this article, the relocation and installation of pre-owned manufactured homes shall be subject to the following health and safety standards and conditions and inspection program:

(1)

Relocation permit. A permit shall be required to locate a pre-owned manufactured home in the jurisdiction. To obtain a relocation permit, applicants shall provide to the building inspector:

a.

An affidavit signed by the applicant that the pre-owned manufactured home meets health and safety standards required by this article;

b.

Photographs of the interior and exterior of the pre-owned manufactured home providing evidence that the home meets the minimum health and safety standards of this article; and

c.

The permit and inspection fee required by subsection (4) of this section.

(2)

Inspection. Upon receipt of a relocation permit, applicants may relocate the manufactured home onto a residential site of the proper zoning classification for the purposes of inspection. Applicant shall arrange for an inspection to be held prior to the installation of the manufactured home. At such time as the building inspector certifies that the manufactured home meets the requirements of this article, applicants may install the manufactured home in accordance with the requirements of this article.

(3)

Certificate of occupancy. A certificate of occupancy shall be issued to the applicant after installation and at such time that the building inspector certifies that the requirements of this article have been met.

(4)

Fee. A permit and inspection fee in an amount set by the city council shall be charged to the applicant to cover the cost to process the permit application and inspect the pre-owned manufactured home. Such fee shall cover the initial inspection and one follow-up inspection. The applicant shall be charged an additional amount set by the city council for each additional follow-up inspection that may be necessary.

(5)

Alternative inspection. At the request of the applicant, the building inspector may, at his discretion, inspect a pre-owned manufactured home prior to its being relocated if the home is then located at another site within the city or within a convenient distance of the city. In the event that the building inspector travels outside of the city to inspect a pre-owned manufactured home, applicant shall pay mileage at the then-applicable federal reimbursement rate from the office of the building inspector, to the site of the inspection, and back to the office of the building inspector.

(6)

Rehabilitation. At the request of the applicant, and where the building inspector finds that rehabilitation of a pre-owned manufactured home that does not meet the health and safety standard of this article can be accomplished in a reasonably short period of time and without causing any detriment to the neighborhood where the pre-owned manufactured home will be relocated in the city, the building inspector may issue the relocation permit and delay inspection for a period of up to 45 days to allow for rehabilitation after the pre-owned manufactured home has been relocated into the city. The building inspector shall not grant such request unless the applicant presents satisfactory evidence of a feasible rehabilitation plan. The pre-owned manufactured home shall not be connected to utilities until the inspection is performed and a certificate of occupancy is issued.

(Min. of 11-10-2016, § 10.7)

Sec. 47-213. - Minimum health and safety standards.

All pre-owned manufactured homes shall comply with the following health and safety standards before being issued a certificate of occupancy by the building inspector:

(1)

HUD Code. Every pre-owned manufactured home located in the jurisdiction shall be in compliance with the Federal Manufactured Housing Construction and Safety Standards Act, 42 USC 5401—5445 (the HUD Code) and shall not have been altered in such a way that the home no longer meets the HUD Code.

(2)

Interior condition. Every floor, interior wall, and ceiling of a pre-owned manufactured home shall be in sound condition. Doors and windows shall be operable, watertight and in good working condition. The floor system shall be in sound condition and free of warping, holes, water damage, or deterioration.

(3)

Exterior condition. The exterior of all pre-owned manufactured homes shall be free of loose or rotting boards or timbers and any other conditions that might admit rain or moisture to the interior portions of the walls or to occupied spaces. The exterior siding shall be free of rot and rust. Roofs shall be structurally sound and have no obvious defects that might admit rain or cause moisture to collect on the interior portion of the home.

(4)

Sanitary facilities. Every plumbing fixture, water, and waste pipe of a pre-owned manufactured home shall be in a sanitary working condition when properly connected and shall be free from leaks and obstructions. Each home shall contain a kitchen sink. Each bathroom shall contain a lavatory and water closet. At least one bathroom shall contain a tub and/or shower facilities. Each of these fixtures shall be checked upon being connected to ensure they are in good working condition.

(5)

Heating systems. Heating shall be safe and in working condition. Unvented heaters shall be prohibited.

(6)

Electrical systems. Electrical systems (switches, receptacles, fixtures, etc.) shall be properly installed and wired and shall be in working condition. Distribution panels shall be in compliance with the approved listing, complete with required breakers, with all unused openings covered with solid covers approved and listed for that purpose. The home shall be subject to an electrical continuity test to ensure that all metallic parts are properly bonded.

(7)

Hot water supply. Each home shall contain a water heater in safe and working condition.

(8)

Egress windows. Each bedroom of a manufactured home shall have at least one operable window of sufficient size to allow egress if necessary, which shall have a net clear opening that is a minimum of five square feet in area, 24 inches in height, and 20 inches in width. The opening shall have a sill height of not more than 44 inches above the floor. The opening shall be operational from the inside of the room without the use of keys, tools or special knowledge.

(9)

Ventilation. The kitchen in the home shall have at least one operating window or other ventilation device.

(10)

Smoke detectors. Each pre-owned manufactured home shall contain one operable battery-powered smoke detector in each bedroom and in the kitchen, which must be installed in accordance with the manufacturers' recommendations.

(11)

State law and regulations. Each pre-owned manufactured home shall be installed in compliance with the requirements of state law, O.C.G.A. § 8-2-160 et seq., and the rules and regulations adopted pursuant to that law, as they may be amended from time to time.

(Min. of 11-10-2016, § 10.8)

Sec. 47-214. - Enforcement.

(a)

Permanent connection to utilities shall not be approved until the building inspector has issued a certificate of occupancy.

(b)

Owners of pre-owned manufactured homes that are not in compliance with this article upon a third inspection shall have their permit revoked and shall be required to remove the home from the jurisdiction at their own expense.

(c)

Failure to remove a pre-owned manufactured home from the jurisdiction upon failure to receive a certificate of occupancy shall be punishable by a fine of $100.00. Each day any violation under this article continues shall be considered a separate offense.

(Min. of 11-10-2016, § 10.9)

Sec. 47-215. - Manufactured home community.

(a)

In order to both support affordable housing in the community, and also ensure that housing developments do not have a negative effect on existing residences, manufactured home communities may be approved as a special use in the R-3 zoning district. Where application is made for a special use permit for a manufactured home community, in addition to the standards for the exercise of the zoning power, the unified zoning board and city council should also consider whether the proposed manufactured home community, and the individual manufactured homes within it, will be aesthetically similar to other residences in the area, or may have a detrimental effect to the surrounding community. Where appropriate, manufactured home communities may be expressly exempted by the city council from some or all of the foundation, masonry skirting, exterior finish, roof pitch and materials, width and square footing, covered porch, and additional architectural feature requirements contained within section 47-210 of this article; the remaining requirement of this article shall still apply.

(b)

Conditions of special use permit. Manufactured home communities shall meet the minimum standards:

(1)

Privacy fence. A six-foot high opaque fence shall be erected along all property lines.

(2)

Mail facilities. It shall be the responsibility of the owner of the manufactured home community to provide an approved mail delivery box for each manufactured home. For any development with a density of four units per acre or greater, a cluster mailbox, of a design approved by the United States Postal Service, shall be provided at a central location to serve the residents of the community.

(3)

Garbage and refuse. Each manufactured home shall comply with the minimum standards set forth in chapter 37, solid waste, of this Code.

(4)

Electrical power supply. Each manufactured home shall be provided with an adequate, properly grounded, water-proofed electrical receptacle with a minimum rated capacity of 200 amps. A properly sized over current device shall be installed as a part of each power outlet.

(5)

Skirting. The entire perimeter area between the bottom of the structure of each manufactured home and the ground, including stairways, shall be underpinned with masonry, or vinyl material, that completely encloses the perimeter of the undercarriage and attached stairways except for proper ventilation and access openings.

(6)

Steps and landings. Steps and landings are required at all ingress/egress points for all manufactured homes. Minimum landing size shall be 36 inches by 36 inches.

(7)

Registration. Current registration for each manufactured home shall be displayed in a visible location.

(8)

Minimum unit size. The individual space for each manufactured home in the community shall be at least 5,000 square feet where lots are served by both public water and public sewer systems. Where public water and sewer is not available, individual spaces for each manufactured home shall be at least 26,000 square feet, or greater if required by the county health department.

(9)

Setbacks. The front and rear of each manufactured homes shall be spaced at least 25 feet from any other structure, and the side of each manufactured home shall be at least 11 feet from any other structure.

(Ord. No. 2021-0004, § 3, 7-15-2021)