The purpose of this article is to provide standards and regulations to protect the health, safety and general welfare of the citizens of the City of Ellijay. The City of Ellijay recognizes that manufactured housing meets the needs of many county residents for affordable housing and is compatible with site-built housing if developed in accordance with comparable standards. These regulations shall govern the use and operation of all mobile home/manufactured homes on single lots or within parks used for permanent residential occupancy, as well as recreational vehicle parks used for temporary occupancy, in the City of Ellijay, Georgia. It is the intent of these regulations to empower the City of Ellijay Planning Commission, the Gilmer County Health Department, and the building inspections department to review the development of mobile home/manufactured home sites, mobile home/manufactured home parks, and recreational vehicle parks, within the City of Ellijay for the purposes stated in this ordinance.

9.2-1.

Nonconforming use. Nonconforming mobile home/manufactured home parks lawfully existing at the time of adoption of this ordinance [June 16, 1997] may be continued, but if such nonconforming use is discontinued for a period of 90 days, the mobile home/manufactured home park shall be made to conform with the requirements of these regulations prior to its being occupied again. Any expansion or addition to an existing manufactured home park shall be in compliance with these regulations, as amended.

9.2-2.

Location disclosure and decal requirement. Every person holding title to or possessing a mobile home/manufactured home which is placed or located within the limits of City of Ellijay, shall report the location to, and obtain a location decal for, said mobile home/manufactured home from the tax commissioner of Gilmer County annually, no later than April 1 of each year. Such location decal shall be designed in such manner and affixed to the mobile/manufactured home in such manner as to cause it to be easily visible for inspection.

9.2-3.

Issuance of permit. Any owner of a mobile home/manufactured home, whether locating or relocating said mobile home/manufactured home, shall obtain a permit from the building inspector of [the] City of Ellijay indicating compliance with all applicable codes before any person or persons are authorized to occupy any newly installed mobile/manufactured home.

9.2-4.

Permit application procedures. A mobile home permit to move a mobile/manufactured home into or within the Ellijay city limits shall not be issued by [the] City of Ellijay Building Inspector until the following conditions have been met in accordance with established administrative procedures:

a.

A valid location decal must be issued from the tax commissioner's office and attached to the mobile/manufactured home.

b.

All mobile/manufactured homes must be located at an approved mobile home/manufactured home space, or in an approved mobile home/manufactured home park subject to the requirements of this ordinance.

c.

A sanitary permit must be obtained from the Gilmer County Health Department for on-site sewage disposal.

d.

A valid E911 address must be assigned and approved by the department of public safety.

For the purposes of this section, the tax commissioner shall issue the aforementioned locationed decal, the building inspector shall issue the aforementioned mobile home permit, the health department shall issue the aforementioned sanitary permit, and the department of public safety shall approve and assign the aforementioned E911 address. Upon the issuance of the above permits, a mobile/manufactured home may be moved into the city and installed for occupancy.

9.2-5.

Exception to the issuance of a building [permit]. A building permit shall be required to locate a mobile/manufactured home in City of Ellijay except under the following conditions:

a.

In cases where an owner does not desire to set the mobile/manufactured home up for occupancy, a mobile home permit shall not immediately be required, subject to completion of a certified, notarized statement that no occupancy of said mobile/manufactured home will be permitted until such time as a building permit is applied for and granted. In such cases, authorization to maintain the mobile/manufactured home on a site without a mobile home permit shall expire within 90 days.

b.

Mobile/manufactured homes may be brought into the city and located on a sales lot of a state-approved dealer as listed in the office of the state safety fire commissioner for sale without a building or sanitary permit. However, under no conditions shall any mobile/manufactured home, which is located on a sales lot, be occupied unless all permit requirements in these regulations are met. Installation must comply with the Rules and Regulations for Manufactured Homes, chapter 120-3-7, appendix A, made and promulgated by the Georgia Safety Fire Commissioner pursuant to authority set forth in O.C.G.A.

9.2-6.

Provision for temporary power after the issuance of a building permit. The building inspector is authorized to permit the applicable power company to provide temporary power not to exceed 110 volts for the express purpose of completing necessary construction and installation of the mobile/manufactured home. This provision specifically does not authorize permanent power hookup or occupancy of the mobile/manufactured home. It shall be unlawful for temporary power to be utilized on a permanent basis or for occupancy of said home.

9.2-7.

Minimum construction standards. Each newly installed mobile home/manufactured home in [the] City of Ellijay shall conform to the minimum construction standards required by the U.S. [Department of] Housing and Urban Development, as required by the National Mobile Home and Safety Standards Act of 1974, 42 USC 5401, et seq., before that mobile home/manufactured home is entitled to receive any utility service to said mobile home/manufactured home. It is the intent of this section of this ordinance to prohibit moving mobile homes/manufactured homes into [the] City of Ellijay that do not conform to the applicable Housing and Urban Development Construction Standards, as expressed in 42 USC 5401, et seq., and regulations established pursuant to that act. To that end, no mobile home/manufactured home shall be allowed to locate for permanent or temporary occupancy in this county unless that mobile home/manufactured home complies with the minimum construction standards required by the U.S. [Department of] Housing and Urban Development, which compliance must be evidenced by the affixation of a permanently affixed label or tag certifying to the compliance as required by 42 USC 5415. Mobile homes/manufactured homes which do not display the certification required by 42 USC 5415 shall not be eligible for a City of Ellijay mobile home and/or occupancy permit; provided, however, any mobile home which legally exists in [the] City of Ellijay at the time of the passage of this ordinance shall not require said certification. Said existing mobile home shall be freely transferable and relocatable in [the] City of Ellijay, provided that all installation requirements in sections 9.2-8 and 9.2-9 are met to the satisfaction of the building inspector.

9.2-8.

Installation requirements. Each newly installed manufactured home or mobile home shall be installed according to installation standards adopted by the State of Georgia and administered by the Georgia State Fire Insurance Commissioner's Office, Installation of Manufactured Homes and Mobile Homes, O.C.G.A. §§ 8-2-160—8-2-168.

9.2-9.

Inspection for mobile/manufactured homes. The following requirements shall pertain to the installation of mobile/manufactured homes on individual lots or in parks.

a.

Foundation. The building inspector shall require the foundation to be inspected to ensure compliance with the Rules and Regulations for Manufactured Homes, as may be subsequently revised. These Rules and Regulations for Manufactured Homes are incorporated as a part of this ordinance by reference. Until the foundation is inspected and approved by the building inspector, no additional work will be approved.

b.

Plumbing. The building inspector shall require the external plumbing system to be inspected, including water and sewage hookups, to ensure compliance with the Rules and Regulations for Manufactured Homes and the Standard Plumbing Code as adopted by the Gilmer County Board of Commissioners, and as may be subsequently revised. Until the plumbing system is inspected and approved by the building inspector, no additional work will be approved.

c.

On-site sewage. Where individual on-site sewage systems are installed in conjunction with public or community water systems, the minimal lot size shall conform to standards established in table 9.1. All on-site sewage systems shall be subject to the approval of the Gilmer County Health Department.

TABLE 9.1
MOBILE HOME LOT SPACE SIZE WHERE SERVED BY PUBLIC WATER SUPPLY AND INDIVIDUAL ONSITE SEWAGE MANAGEMENT SYSTEMS

d.

Electrical. The building inspector shall require inspection of the electrical system to ensure compliance with the Rules and Regulations for Manufactured Homes and the 1990 National Electrical Code, as may be subsequently revised.

e.

Gas.

The City of Ellijay Building Inspector shall require inspection of the gas system to ensure compliance with the 1991 Standard Gas Code, as may be subsequently revised.

Until these inspections have been made and the mobile/manufactured home is found to be in compliance with all applicable codes, no permanent power may be installed, and no occupancy shall be permitted. Evidence of compliance will be shown by a certificate of completion, which includes written documentation provided to the applicant and a sticker attached to the electrical meter base. Occupancy is permitted upon issuance of the certificate of occupancy.

The following must be completed within 30 days after the first inspection and/or final connection of electrical service to the home:

f.

Underpinning/skirting. Each newly installed manufactured home or mobile home shall have the area beneath each such structure enclosed with materials manufactured for such purposes, including but not limited to brick, concrete, rock or other materials which have been approved by the county building inspector. The enclosure of this area is generally referred to as underpinning or skirting.

g.

Stairs and landings. Each newly installed manufactured home or mobile home shall have the area beneath and descending from the main egress door of the home a landing that is a minimum of 36 inches by 48 inches. Said landing with steps shall descend to the ground or ground level. The landing, steps and rails must be constructed of all-weather materials or manufactured kits. All construction and/or manufactured kits shall comply with the requirements of the Georgia State Minimum Standard Codes, including all amendments thereto, as adopted by the Ellijay City Council and as may be subsequently revised.

9.2-10.

Occupancy of recreational vehicles. No recreational vehicle shall be permanently occupied within any mobile/manufactured home park development nor connected to water or electrical power, and no mobile home/manufactured home location permits shall be issued for recreational vehicles.

9.3-1.

Procedures for development. All mobile home/manufactured home parks developed after adoption of this ordinance shall meet the following site plan requirements.

a.

Site plan approval required. All mobile home/manufactured home park developments shall require site plan approval by the planning commission in accordance with the procedures and requirements established herein. Site plans required herein for the placement of three or more residential units shall contain the seal of a Georgia registered engineer or surveyor. No building permits shall be issued for sites within any development until final approval is granted subject to all park plan requirements.

b.

Submission of preliminary plan. Prior to making any street improvements or installing any utilities, or other improvements, the developer shall submit five copies of a preliminary plan prepared in accordance with the provisions of this ordinance to the Ellijay City Planning Commission a minimum of ten working days prior to the meeting date that the developer desires planning commission action. The preliminary plan shall include the following information:

1.

The name of proposed park, and the name, address, and telephone number of the applicant.

2.

The name, address, seal and signature of a registered surveyor or engineer certifying the accuracy of the plan.

3.

Location map and legal description of the mobile home/manufactured home park; north point (designated magnetic or true).

4.

Complete plans to scale of one inch equals not more than 100 feet and specifications of the proposed park showing:

a)

The area and dimensions of the tract of land.

b)

The number, locations, and dimensions of all mobile home/manufactured home lots.

c)

The location and width of streets; the location and size of drainage mechanisms proposed, including the size of each application drainage area.

d)

The location of service buildings and other proposed structures.

e)

The location of water and sewer lines and riser pipes.

f)

Plans and specifications of the water supply and refuse and sewage disposal facilities.

g)

Plans and specifications of all buildings constructed or to be constructed within the mobile home/manufactured home park.

h)

The location of all streetlights.

i)

The location of bulk refuse containers, perimeter walls, and park identification signs.

j)

The location, dimensions, and treatment of all required buffer or screening areas.

k)

A soil erosion and sedimentation plan meeting the requirements of the Gilmer County Soil Erosion and Sedimentation Control Ordinance, as may be subsequently amended.

l)

Identification of areas of special flood hazard.

m)

Written tentative approval for an on-site sewage management system by the Gilmer County Board of Health.

c.

Approval/disapproval of preliminary plan. The Ellijay City Planning Commission shall have 30 days from the date of preliminary plan submission to approve or disapprove the preliminary plan for the proposed mobile home park. Failure of the planning commission to act within 45 days shall be deemed approval of such plan.

d.

Submission of final plan. Approval of the preliminary plan by the Ellijay City Planning Commission shall authorize the developer to proceed with actual construction and development of the proposed mobile home park. Upon completion of all required improvements, the developer shall submit the original and five copies of a final plan to the Ellijay City Planning Commission a minimum of ten working days prior to the meeting date that the developer desires planning commission action. The final plan shall be drawn on reproducible material to a scale one inch equals not more than 100 feet and shall include the following:

1.

Name of mobile home park.

2.

Name and address of owner.

3.

Scale, north arrow, and date.

4.

Location sketch map.

5.

Total number of acres in park.

6.

Sufficient data to determine readily on the ground the location, bearing, and length of every street line, boundary line, and lot lines; and location of each mobile home and buildings.

7.

Final plan of sewage treatment system including location and size of sewer lines, septic tanks, drain fields, and points of discharge (if applicable).

8.

Final plan of storm sewer system with grade, pipe sizes, and location of outlets.

9.

Final plan of the water supply system including location and size of water lines, wells, storage tanks, and pumping stations, if any.

10.

Final plan of buffer areas and screening, if required.

11.

Final plan of the refuse collection system including size and location of dumpsters.

12.

Designation and data on any flood hazard areas in accordance with Gilmer County Flood Damage Prevention Ordinance, as may subsequently be amended.

The final plan shall also include the following certifications:

1.

Certification by a registered engineer or surveyor attesting to the accuracy of the plan.

2.

Certification(s) of approval of the water supply and sewerage systems by the appropriate authority(ies).

e.

Approval of final plan. Within 30 days after submission of the final plan together with all required supporting data and certifications, the planning commission shall review and approve or disapprove the plan. Failure of the planning commission to act within 45 days shall be deemed approval of such plan.

f.

Development compliance. At least 100 percent of each phase of all planned spaces, as well as all streets, utilities, and other required improvements necessary to serve them pursuant to these regulations must be completely constructed according to the mobile home park plan approved by the planning commission before the first mobile home location permit will be issued.

Failure of the developer or applicant to construct this minimum phase within two years after approval by the planning commission shall cause such approval to expire.

9.3-2.

Regulations.

a.

Soil and ground cover requirements. Exposed ground surfaces in all parts of every mobile home park shall be paved, or covered with stone, or other solid material, or protected with a vegetative growth that is capable of preventing soil erosion and of eliminating objectionable dust.

b.

Location and frontage. A mobile home/manufactured home park development shall be located on property with a minimum frontage of 100 feet on a public street.

c.

Site drainage requirements. The ground surface in all parts of every mobile home/manufactured home site shall be graded and equipped to drain all surface water in a safe, efficient manner. All lots shall comply with the flood damage prevention ordinance of Gilmer County.

d.

Streets. All mobile home/manufactured home parks shall contain a street system designed to provide convenient circulation within the park, and shall have unobstructed access to public street or highway. The following requirements shall apply to the development of the park system:

1)

All internal streets shall meet the minimum requirements of article 5, and as may subsequently be revised.

2)

All cul-de-sacs shall be constructed with minimum 50-foot radius.

3)

All park streets shall be maintained in a state of good repair at all times by the owner(s) of the park.

4)

Street design, base preparation, and surface construction materials shall meet the requirements of the county street and road standards. Written approval of the street system by the Ellijay City Planning Commission shall be required before the first building permit is issued.

e.

Off-street parking requirements. A minimum of two off-street parking spaces shall be provided in all mobile home/manufactured home parks for the use of park occupants and guests.

f.

Lot area and width. A mobile home/manufactured home park development shall have a minimum area of five contiguous acres. Individual unit spaces shall be in conformance with section 9.2-9c, with not less than a 100-feet [foot] minimum width at the building setback line and not less than 100 [feet] of frontage on all streets; with the exception of cul-de-sacs lots, which may have a minimum street frontage of 30 feet. Individual lots served by community or public water and sewer shall have a minimum lot width and size as follows:

1.

Single section homes - 40' wide - 4,000 sq. ft.

2.

Multi-sectional homes - 50' wide - 5,000 sq. ft.

g.

Recreation and other community facilities. Not less than ten percent of the total area of the development shall be devoted to recreation and other community use facilities for those mobile home/manufactured home parks containing 20 or more acres or 25 or more units.

h.

Setbacks required.

1)

No mobile home/manufactured home or accessory building or structure shall be located closer than 25 feet to any mobile home/manufactured home park perimeter property boundary.

2)

Each mobile home/manufactured home shall be setback from any other mobile home/manufactured home by at least 40 feet.

3)

There shall be a minimum distance of 25 feet between any individual mobile/manufactured home and an adjoining street, common parking areas or other common areas.

4)

On-site systems shall be allowed to extend into all setback areas.

i.

Perimeter buffer required. See article 7.

j.

Lighting. All mobile home parks shall have lighting or [of] appropriate height, spacing and intensity so that each mobile home/manufactured home site's access and parking is appropriately illuminated. Mercury vapor, or high- or low-pressure sodium lights shall be installed at not more than 200 feet intervals with a minimum height of 18 feet.

k.

Water supply. All mobile/manufactured home parks shall connect to an existing public water system.

l.

Sewage disposal and treatment. All manufactured mobile home/manufactured home parks shall be required to provide either:

1)

A public or community sewage treatment system approved by the Georgia Department of Human Resources; or

2)

An on-site sewage management system approved by the Gilmer County Health Department.

m.

Electricity. All electric installations shall meet the requirements of the current National Electrical Code, as amended.

n.

Refuse collection facilities. Each mobile home/manufactured home park shall be provided with a sanitary method of solid waste collection and disposal. Collection facilities shall be either in the form of bulk containers (dumpsters) of sufficient size and adequately distributed throughout the park to meet the needs of the park residents, or at least two individually covered refuse containers having a capacity of 30 gallons or less for each occupied lot. Bulk containers shall either be screened or sided so as to remain hidden from the public right-of-way enclosed with a minimum four-feet-high chain link fence, and placed upon a concrete pad, extending at least 18 inches around each container perimeter. If individual containers are utilized, stands must be provided to hold the refuse containers upright. Collection services shall be provided at least once weekly and conveyed to the nearest approved sanitary landfill. Refuse areas shall be maintained in a clean, sanitary manner so as not to attract, harbor, or breed insects, rodents or any manner of vermin or pest. Refuse areas shall be located a minimum of 50 feet away from any public right-of-way.

o.

Service buildings. Accessory structures and community service facilities are hereby permitted for the convenience and well-being of park residents. Such structures shall conform to the Georgia State Building Codes adopted by [the] City of Ellijay, as amended, and may include, but are not limited to, the following uses:

1.

Park management offices, repair shops, and storage.

2.

Community sanitary facilities.

3.

Community postal facilities.

4.

Indoor community recreation areas.

5.

Commercial uses supplying essential goods or services for park residents.

p.

Miscellaneous requirements.

1)

Listings of mobile homes/manufactured homes required. Every person, or other entity owning or operating a mobile home/manufactured home park, and each such entity engaged in the sale or rental of mobile homes/manufactured homes or lots upon which to place them, shall furnish the tax commissioner of Gilmer County on January 1 and July 1 of each year with a complete list of all mobile homes/manufactured homes parked, rented or otherwise located upon the property of the entity or in a mobile home/manufactured home park operated by the entity.

2)

Registration of park residents required. Park management must maintain a register of all park residents. The register must be available to any authorized person inspecting the park. "Authorized person" shall include the Gilmer County Tax Commissioner, Ellijay City Planning Commission, Gilmer County Environmental Health Officer, or other designated representative.

3)

Restrictions on occupancy. A mobile home/manufactured home shall not be occupied for dwelling purposes unless it has met the installation requirements in sections 9.2-7 and 9.2-8 of this ordinance upon inspection by the building official.