12.1.1.

Purpose. The purpose of this article is to regulate and guide the establishment of manufactured home parks in order to promote the public health, safety and general welfare of the citizens of the county. This article is designed to accomplish the following specific objectives:

(a)

To further the orderly layout of manufactured home parks;

(b)

To secure safety from fire, panic, and other danger;

(c)

To provide adequate light and air; and

(d)

To ensure that facilities for transportation, parking, water, sewage, and recreation are provided for manufactured home park residents and visitors.

12.1.2.

Jurisdiction. These regulations shall govern the establishment of each and every new manufactured home park and the alteration or expansion of existing manufactured home parks lying within the jurisdiction of the county.

12.1.3.

Authority. The county hereby exercises its authority to adopt and enforce a manufactured home park ordinance pursuant to the authority granted to the county by G.S. chapter 160D.

12.1.4.

Definitions. Refer to Article 2, Interpretations and Definitions.

12.1.5.

Interpretations. Refer to Article 2, Interpretations and Definitions.

(a)

This article shall in no way regulate, restrict, prohibit or otherwise deter any bona fide farm within the jurisdiction of this article, except that any use of such property for non-farm purposes shall be subject to these regulations. The property owner shall be required to provide a notarized statement stating that the manufactured homes will be used for farm labor housing only.

12.2.1.

General Requirements.

(a)

Minimum Number of Manufactured Home Spaces: At least 4 spaces.

(b)

Sale of Home: Manufactured homes shall not be sold within a manufactured home park, except that an individual manufactured home owner shall be allowed to sell the manufactured home in which he resides.

(c)

Deed Transfer to Lot: The transfer of a deed to a manufactured home space or spaces either by sale or by any other manner shall be prohibited within a manufactured home park as long as the manufactured home park is in operation.

(d)

Prohibited in Floodplain: No manufactured home parks shall be allowed in a floodplain area.

(e)

Office: Within a manufactured home park, one manufactured home may be used as an administrative office.

(f)

Site Plan: Site plans for manufactured home parks shall comply with this Ordinance.

(g)

Convenience Establishments: Convenience establishments of a commercial nature shall be limited to food stores and coin-operated laundromats. These may be permitted in manufactured home parks subject to the following restrictions:

(1)

Such establishments shall be subordinate to the residential use and character of the park.

(2)

Such establishment shall present no visible evidence of their commercial character from any portion of any residential district outside the park.

(3)

Such establishment shall be designed to serve the trade and service needs of the park residents only.

(h)

Class C Homes: Class C Manufactured homes including those constructed prior to June 15, 1976 shall not be permitted in Manufactured Home Parks unless an existing nonconforming use at the time of adoption of this ordinance.

(i)

Fire Protection: Every manufactured home park shall be equipped at all times with fire extinguishing equipment in good condition, of such size, type, and number and so located as to meet all regulations of the Town Fire Inspector.

(j)

Emergency Access Telephone: For the purpose of safety and meeting emergencies, one (1) telephone for each 25, or fraction thereof, manufactured home spaces shall continuously be provided to the entire occupancy of the park at convenient locations.

(k)

Animal and Pets: No owner or persons in charge of any dog, cat, or other pet animal shall permit it to run at large or to commit any nuisance within the limits of the manufactured home park and its surrounding area.

(l)

Parking: No automobile parking shall be permitted in areas other than specified parking areas at any time.

12.3.1.

Zoning Permit Required. No person shall construct or engage in the construction of any manufactured home park or make any addition or alteration to a manufactured home park that either alters the number of lots for manufactured homes within the park or affects the facilities required therein until a zoning permit has been granted for the proposed project/use.

12.3.2.

Special Use Permit Required. No person shall construct or engage in the construction of any manufactured home park or make any addition or alteration to a manufactured home park that either alters the number of lots for manufactured homes within the park or affects the facilities required therein until a special use permit has been granted for the proposed project/use by the Bladen County Planning Board. The procedures for special use permits are outlined in Section 6.5.

12.3.3.

Initial Permit Application Procedure.

(a)

The .....applicant must first apply for and have approved a Zoning Permit from the County Planning Department and a Special Use Permit from the County Planning Board.

(b)

With the approved Zoning Permit and Special Use Permit approved, the developer shall make application to the county building inspection office for a permit to construct or expand such a park. The application shall be accompanied by three copies of the proposed park plan.

(c)

The park plan shall be drawn at a scale no smaller than one-fourth inch equals 50 feet. When the park contains seven or more manufactured homes, the plan must be drawn by a registered engineer or licensed surveyor. All plans shall include the following:

(1)

The name of the park, the names and addresses of the owner or owners, and the designer or surveyor;

(2)

Date, scale and approximate north arrow;

(3)

Boundaries of the tract shown with bearing and distances; drawn to scale and the area of the park in square feet or acres;

(4)

Site plan showing streets, traffic circulation, walkways, driveways, recreation areas, parking spaces, service buildings, watercourses, easements, manufactured home lots, lot numbers, all structures to be located on the park site and total acreage on the park;

(5)

Vicinity map showing the location of the park and the surrounding land usage, with a scale of no less than one inch equals 1,000 feet;

(6)

Names of adjoining property owners;

(7)

The existing and proposed utility system for surface water drainage, streetlights, water supply, and solid waste and sewage disposal facilities;

(8)

A detailed plan for electrical installations prepared to meet the national electrical code and state and local codes or ordinances;

(9)

A detailed drawing to scale of not less than one inch equals ten feet shall be prepared of a typical manufactured home space showing the location of the manufactured home stand, all utilities, the patio, concrete footing, walks, parking spaces, driveways, and all other improvements;

(10)

Certification of approval of water supply system plans by the appropriate state agency or county health department;

(11)

Certification of approval of sewage collection systems by the appropriate state agency or county health department;

(12)

Certification of solid waste storage, collection, and disposal shall be approved by the county solid waste department.

12.3.4.

Review of Proposed Manufactured Home Park Plan. The county building inspector shall review the proposed manufactured home park plan to determine if it is in accordance with the requirements set forth in this article. If the inspections department should disapprove the proposed park plan, the reasons for such action and the recommended changes shall be given to the developer or his agent.

12.3.5.

Issuance of Initial Permit and Operator's License.

(a)

The building inspector is authorized to issue a permit allowing the construction of the park according to the proposed plan, but shall not be construed to entitle the applicant to offer spaces for rent, lease, or lease purchase or to operate a manufactured home park.

(b)

If construction of the manufactured home park has not begun within six months from the issued date of the initial permit, the permit is void. To obtain another permit the developer must resubmit the plans to the building inspector.

(c)

When the developer has completed the construction of the manufactured home park, he shall apply to the county inspections office who shall make an on-site inspection of the park.

(1)

If the park conforms to the plan approved by the inspections department and other agencies, the planning department shall issue the developer an operator's license.

(2)

If the park does not conform with the approved plan, the planning department shall not issue the operator's license until it comes into conformity.

(d)

The operator's license issued to the applicant shall constitute the authority to operate the manufactured home park. The operator's license shall expire after a one-year period and must be renewed each year on January 1 to be valid. The inspections department has the authority to withhold certificate of occupancy permits for parks without a valid operator's license.

(e)

When a manufactured home park is to be developed in phases, the proposed plan may be submitted for the entire development. All sections of a manufactured home park must meet the requirements of this article in order for an operator's license to be issued for any additional phases, then application for an operator's license may be made for each phase completed.

(f)

Upon determination that an existing sanitary sewage system has a valid operating permit or a valid certificate of completion and is operating properly in a manufactured home park, the county health department shall issue authorization in writing for a manufactured home to be connected to the existing system and to be occupied.

(g)

All manufactured home parks in the county shall be inspected by the county planning department at least once every year. The operator's license of parks with sewerage problems based on current state sanitation regulations may be revoked upon request from the county health department.

12.3.6.

Minimum standards of design, construction and layout.

(a)

Manufactured home parks created after the adoption of the ordinance from which this article is derived by the county board of commissioners must be a minimum of two acres of contiguous land in total park size and shall contain at least three manufactured home lots/spaces at first occupancy.

(b)

Every manufactured home shall be provided with a supply of water for domestic purposes from a source approved by the county health department.

(c)

Every manufactured home park shall be located on a well-drained site and shall be so graded as to prevent the accumulation or ponding of water on their premises.

(d)

No manufactured home park shall be so located that the drainage of the manufactured home park area will endanger any public or private water supply.

(e)

Manufactured home parks shall not be located in areas that are susceptible to regular flooding as noted on FEMA maps. Existing manufactured home parks located in flood hazard areas shall not be allowed to add additional spaces or manufactured homes.

(f)

All new manufactured home parks or additions to existing manufactured home parks shall have manufactured home spaces complying to the following:

(1)

Where a community or municipal sewage disposal system is used, each manufactured home space shall not be less than 50 feet wide, which shall be open and unobstructed and every manufactured home shall be located on a manufactured home space not less than 5,000 square feet in size.

(2)

Where individual sewage disposal system is used, each manufactured home lot shall not be less than 60 feet wide and not less than 7,200 square feet in size or as determined by the county health department for a single-wide unit and no less than 9,600 feet for a double or triple-wide unit.

(g)

In all cases, the corners of every manufactured home space shall be plainly marked by corner markers. The distance between manufactured homes, including any enclosed extension thereof, shall not be less than 15 feet. No manufactured home shall be located closer than 50 feet to any property line of the manufactured home park or 25 feet to any other structure, with the exception of a pump house, on the premises and not closer than 25 feet to any public street or highway.

(h)

Every manufactured home park shall have at all entrances a clearly visible sign stating the name of the manufactured home park. Each individual lot shall be visibly numbered.

(i)

Each manufactured home park sign shall be lighted and a minimum of 12 square feet and visible to traffic entrances. Signs designating lot spaces should be at least six inches by six inches with numbers large enough to be seen by traffic inside the manufactured home park. Street signs must be erected before any homes enter the park.

(j)

Storage buildings, sheds, garages, dog pens, and other animal structures may be no more than 12 feet on one side or a total of 144 square feet provided that such buildings are located adjacent to the rear lot line and set back at least five feet from any lot line.

(k)

Storage of possessions and equipment in the area beneath manufactured homes is prohibited to prevent storage of flammable and toxic materials which may place its occupants in undue danger.

12.3.7.

Additional Requirements. No Manufactured Home Class C shall be placed in a manufactured home park.

12.3.8.

Planting Strip.

(a)

The manufactured home park shall have a planting strip not less than ten feet wide adjacent to the park boundary extending along the entire perimeter of the manufactured home park. The planting strip shall not be a portion of any manufactured home space, street or private drive. It shall be planted with evergreen and/or deciduous trees not more than eight feet apart and must be at least four feet in height when planted, and a minimum of eight feet tall at maturity; dead trees must be replaced. It shall be adequately landscaped with grass and shrubbery in such a manner as to be harmonious with the landscaping and/or adjacent properties and in keeping with the general character of the surrounding neighborhood. A privacy fence at least six feet in height may meet the buffering requirements in such instances where landscaping is impracticable or in instances where the planning department determines that a fence would be the most effective buffer.

(b)

All required planting strips must be continually maintained by the owner. Failure to maintain any required planting strip may cause the manufactured home park's operator's license to be withheld or revoked.

12.3.9.

Nonresidential Uses. No part of any park may be used for nonresidential purposes, except uses that are required for the direct servicing and well-being of park residents and for the management and maintenance of this park. This section shall not be construed to prohibit the sale of a manufactured home located on a manufactured home lot and connected to the pertinent facilities.

12.3.10.

Parking.

(a)

Each manufactured home park shall provide sufficient parking and maneuvering space so that the parking, loading or maneuvering of a manufactured home incidental to parking shall not necessitate the use of any public street, sidewalk or right-of-way or any private grounds not part of the manufactured home park.

(b)

Two off-street parking spaces, each with a minimum length of 20 feet and a minimum width of ten feet shall be provided for each manufactured home lot in the park. The parking spaces shall be constructed with the same material as the interior streets.

12.3.11.

Outdoor Lighting. Adequate lights shall be provided to illuminate streets, common driveways, walkways and dead-end streets for the safe movement of vehicles and pedestrians at night. Minimum requirements will be based on 0.4 foot candles per light spaced at a minimum of 200 feet between lights and 9,500 lumens at a 25 feet mounting height.

12.4.1.

Access.

(a)

All manufactured home parks shall be provided with a network of streets, roads or driveways that will allow safe and convenient vehicular access to an improved public street from each manufactured home lot, but no individual manufactured home within a park may have direct-driveway access to an abutting public street.

(b)

The intersection of the public street with the entrance way or private access road to the manufactured home park shall be designed to facilitate the free movement of traffic on the public street and to minimize the hazards caused by traffic entering or leaving the park development. All driveways shall be of an improved surface (see section 29-70) and the minimum width of such driveways shall be well marked and lighted in the manufactured home parks. All manufactured home lots must enter and exit the park through the use of the interior road network of the park; no direct access to public roads from a lot shall be allowed.

12.4.2.

Street.

(a)

Manufactured home parks with six or less manufactured homes shall maintain all-weather roads year round. All streets or roads in the manufactured home park that contain seven or more manufactured homes will be built and maintained to minimum construction standards as follows:

(1)

The minimum right-of-way shall be established at 50 feet.

(2)

The unpaved street must be graded to a minimum travel-way width of 20 feet and 32 feet exclusive of side ditches. Note: See exhibit 1 for a scale drawing.

(3)

The grade and alignment of the street must be reasonable engineering standards so as to have adequate drainage.

(4)

The street must be stabilized with a compact all-weather base of at least four inches of material meeting North Carolina D.O.T. specifications:

a.

CABC Aggregate Base Course, No. 7 Stone.

b.

STBC Soil Type Base Course.

(5)

The streets shall be maintained by the developer at all times so as to have a safe travel-way for residents and emergency vehicles.

(6)

If the private road will connect to a state road, a permit must be obtained from the North Carolina D.O.T.

12.5.1.

Manufactured Home Park Maintenance. Manufactured home park operators shall be required to provide adequate supervision to maintain the park in compliance with the requirements of this article. The manufactured home park operators shall keep all park-owned facilities, improvements, equipment, and all common areas in good repair and maintained in such a manner as to prevent the accumulation of storage of materials which could constitute a fire hazard or would cause insect or rodent breeding and harborage. Abandoned vehicle storage or the accumulation of junk is expressly prohibited in existing and/or new manufactured home parks. Either item may be cause to revoke a manufactured home park operator's license.

12.5.2.

Placement and Anchoring. Operators shall be required to supervise the placement of all manufactured homes to guarantee that they are properly anchored and attached to utilities. All manufactured homes within a manufactured home park shall be properly anchored or provided with tie downs, in accordance with the state regulations for manufactured homes. Technical assistance will be provided by the county building inspection office. All manufactured homes in manufactured home parks will be set up and anchored according to manufacturer's instructions or state requirements.

12.5.3.

Assist County Tax Administrator. Operators shall be required to comply with G.S. 105-316(a)(1) which requires that as of January 1 of each year each operator of a manufactured home park furnish to the county tax supervisor the name of the owner and a description of each manufactured home located in the park.

12.5.4.

Solid Waste Disposal. All applicable solid waste regulations shall apply to manufactured home parks within the jurisdiction of the county except where such regulations are in conflict with the provisions of this article, in which case the more restrictive provisions shall apply.

12.5.5.

Numbering and Park Signs.

(a)

The park operator shall be required to provide numbers which are minimum of four inches in size and to supervise the placement of these numbers to clearly identify each manufactured home lot from the street. These numbers shall be displayed either on each manufactured home or on a post placed within the lot area.

(b)

The park operator shall also be required to provide a park sign which identifies the name of the park and a telephone number at which the park owner may be contacted. These signs must be visible from the road adjacent to the park. The park operator will provide address information to E-911 Addressing Office. All streets will be named and display a street sign visible from entranceways.

12.5.6.

Manufactured home sales in manufactured home parks. It shall be unlawful to conduct, on a commercial basis, the sale of manufactured homes or travel trailers within a manufactured home park.

12.5.7.

Residential units not to be travel trailers. No manufactured home park shall permit a travel trailer to locate within its boundaries if used for any dwelling purpose whatsoever.

12.5.8.

Manufactured home equipment. Each manufactured home shall have a flush toilet, lavatory, bathtub or shower; cooking facilities, and electric wiring and shall be required to connect with the utilities provided at each manufactured home space.

12.5.9.

Health regulations. All applicable health regulations shall apply to manufactured home parks within the jurisdiction of the county except where such regulations are in conflict with the provisions of this article, in which case the more restrictive provisions shall apply.

12.5.10.

Skirting. Each manufactured home shall be properly installed with skirting that is anchored down and of the type that is manufactured specifically for such use. The skirting shall be made of a material compatible with the siding of the manufactured home.

12.5.11.

Fire prevention and detection. In addition to any fire prevention regulations of the county, the following shall apply:

(a)

The operator of a manufactured home park is responsible for informing each park resident of the location of the nearest fire alarm box, if any; the location of an accessible telephone and the telephone number to be used to report fires; and procedures to be followed in case of fire.

(b)

The park owner shall install a fire extinguisher labeled as suitable for Class A, B, C fires and of a type approved by the fire marshal in each building open to the public and in the park office. The park staff shall be instructed in the proper use of any fire protection equipment available in the park and their specific duties in the event of fire.

(c)

The park owner or operator shall maintain the park area free of rubbish, dry brush, leaves, weeds, and any other materials which might communicate fires between manufactured homes and other buildings.

(d)

Empty liquefied petroleum gas containers and other objects and materials not approved by the fire marshal shall not be stored under manufactured homes.

(e)

The manufactured home owner shall be responsible for payment of any applicable fees if the fire department is called upon.

12.5.12.

Infestation prevention.

(a)

Grounds, buildings, and structures shall be maintained free of insect and rodent infestation. Extermination methods and other measures to control insects and rodents shall conform with the requirements of the county health officer.

(b)

Parks shall be maintained free of accumulations of debris which may provide rodent harborage or breeding places for flies, mosquitoes, and other pests.

(c)

Storage areas shall be so maintained as to prevent rodent harborage. Lumber, pipes, and other building materials shall be stored at least one foot above the ground.

(d)

Where the potential for insect and rodent infestation exists, all exterior openings in or beneath any structure shall be appropriately screened with wire, mesh, or other suitable materials.

(e)

The growth of brush, weeds, and grass shall be controlled to prevent harborage of ticks, chiggers, and other noxious insects. Parks shall be so maintained as to prevent the growth of ragweed, poison ivy, poison oak, poison sumac, and other noxious weeds considered detrimental to health. Open areas shall be maintained free of heavy undergrowth of any description.

12.6.1.

Enforcement. If the county planning department shall find that any of the provisions of this article are being violated, it shall issue a notice of violation to the manufactured home park owner, specifying the nature of the violation and what corrective measures must be taken. The planning department shall order discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or structures or of additions, alterations or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by law to ensure compliance with or to prevent violation of the provisions of this article. The owner shall immediately remedy the violation.

12.6.2.

Fees. The county board of commissioners shall set a fee to cover the necessary processing cost of all manufactured home permits and operator's licenses. The set fee shall be posted in the inspections office.

12.6.2.

Penalties. Any person failing to take corrective action within 30 days after receiving the written notice of violation from the county planning department or any person operating a manufactured home park without a valid operator's license shall be in violation of this article. Violation of any of the article requirements constitutes grounds for refusing to issue a license, to renew a license, or to revoke an issued license. Further, any violation of this article shall be a misdemeanor or infraction as provided by G.S. 14-4, subject to a maximum fine of $500.00 and/or imprisonment not to exceed 30 days. Each day such violation shall be permitted to exist shall constitute a separate offense.

12.7.1.

Manufactured home parks existing at the time of adoption of the ordinance that do not meet the minimum standards contained herein shall have 60 days to comply with the following requirements:

(a)

Street name signs installed on all streets within the park (see section 29-90);

(b)

Install park signs (see section 29-90);

(c)

Solid waste disposal plan (see section 29-89);

(d)

Register with the county tax office (see section 29-88); and

(e)

Obtain an operator's license to operate from the county planning department.

12.7.2.

Existing parks shall maintain a valid operator's license and health and safety factors must be brought to the standards described in the regulations. An existing manufactured home park shall have a barrier, divider, or an appropriate fence for a buffer zone when real estate is unavailable.

12.7.3.

Operators of all manufactured home parks existing at the time of adoption of the ordinance from which this article is derived shall be required to maintain a valid operator's license.

(a)

Failure of a manufactured home park operator to renew the operator's license within 30 days following the expiration of such license shall result in the permanent loss of the existing status.

(b)

Once the ordinance from which this article is derived is adopted, park operators will have not more than 60 days after adoption to obtain a valid operator's license. If they fail to do so, the manufactured home park shall lose its classification of existing status.

(c)

Any expansion of the manufactured park, either in area or in the number of homes, shall also immediately result in the loss of existing status.

(4)

Any manufactured home park which loses its existing status shall be required to meet all the minimum standards contained in this chapter before a new operator's license will be issued. However, existing direct driveways which are at least 100 feet apart shall be excluded from the direct driveway access requirement.

If any permit or operator's license is denied or revoked, the applicant may file an appeal with the county manager.