§ 134-278. Erection, installation and use of factory-built buildings and dwelling units and manufactured homes.

(a)

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

(1)

Commissioner means the commissioner of community affairs for the state.

(2)

Component means any assembly, subassembly, or combination of parts for use as a part of a building, which may include structural, electrical, plumbing, mechanical and fire protection systems and other systems affecting health and safety.

(3)

Industrialized building means any structure or component thereof which is wholly or in substantial part made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation on a building site and has been manufactured in such a manner that all parts or processes cannot be inspected at the installation site without disassembly, damage to such parts, or destruction thereof.

(4)

Installation means the assembly of an industrialized building on-site and the process of affixing the industrialized building, component or system to land, a foundation, footings or an existing building.

(5)

Manufacture means the process of making, fabricating, constructing, forming or assembling a product from raw, unfinished or semifinished materials.

(6)

Manufactured home.

a.

Class I manufactured home means a single-family dwelling unit that is constructed in accordance with the Federal Manufactured Home Construction and Safety Standards and bears an insignia issued by the U.S. Department of Housing and Urban Development (HUD), or one, if constructed prior to applicability of such standards and insignia requirements, that was constructed in conformity with the state standards in effect on the date of manufacture.

b.

Class II manufactured home means a unit meeting the requirements of a manufactured home class I and, in addition, bearing an insignia of the Southern Standard Building Code Congress International (SSBCCI) of Birmingham, Alabama.

(7)

Modular home means a factory-manufactured single-family dwelling which is constructed in one or more sections and complies with the definition of an industrialized building.

(8)

Site means the entire tract, subdivision or parcel of land on which the industrialized building or manufactured home is installed.

(9)

System means structural, plumbing, mechanical, electrical or fire safety elements, materials or components used separately or combined for use in a building.

(b)

Class I manufactured homes.

(1)

Zoning. No manufactured home, class I, shall be installed, used, parked or occupied on any site in the county except one zoned MHP or MHP/S or on a site for which a land use permit for such use been issued by the county, except that such units may be located for sale upon a site properly zoned to a commercial classification which allows such activity.

(2)

Notification to purchaser. It shall be the duty and responsibility of any seller of a unit of this class to notify any potential purchaser, prior to completion of any sale, of the zoning requirements of subsection (1) of this subsection, 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. to 4:00 p.m., Monday through Friday, except holidays established by the county, through any authorized agent appointed by the county manager for the county, upon request by the county for inspection.

(c)

Class II manufactured homes.

(1)

Zoning and permits. No manufactured home of this class shall be installed, used, parked or occupied on any site in the county except one zoned MHP or MHPS or on a site for which a land use permit for such use has been obtained from the county (except that such units may be located for sale upon property properly zoned to a commercial classification which allows such activity), unless the following requirements are met:

a.

An application shall be filed with the county, through the zoning division, for a 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 a permit 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.

b.

The following, as a minimum, shall be filed with the application:

1.

A complete set of design plans as approved by SSBCCI, which should also include a drawing depicting each elevation of the exterior appearance of the unit.

2.

A 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.

3.

A fee in an amount determined by the board of commissioners and on file in the office of the zoning division.

4.

A certificate from an inspector selected or approved by the county certifying that the unit was manufactured in accordance with the SSBCCI approved plans and 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.

c.

The permit required in this subsection shall be in addition to all other permits or requirements of the ordinances, rules and regulations of the county.

d.

No action on a request for permit shall be considered by the board of commissioners until a sign is posted on the proposed site for a period of not less than ten days stating the requested action and the date, time and place for the hearing, and a hearing is conducted by the board of commissioners.

e.

No such 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. No unit shall be installed upon any site unless and until any permit required in this section is granted and unless and until all permits for any on-site work to be performed (such as 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 permits on conventionally built structures.

f.

In addition to obtaining the permit required by this subsection, 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.

g.

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 superior court.

(2)

Notification to purchaser. It shall be the duty and responsibility of any seller of a unit of this class to notify any potential purchaser, prior to completion of any sale, of the requirements of zoning or the necessity to obtain a permit as set forth in subsection (1) of this subsection. This notification shall be evidenced by a statement signed by each purchaser at the time of closing that such notification was made prior to completion of the sale. Such signed statement shall be retained by the seller and subject to inspection in the same manner as such statements are required to be retained for class I units.

(d)

Industrialized buildings.

(1)

Permits required. No industrialized building shall be installed upon any site unless and until all permits for any on-site work to be performed (such as site preparation, utility and service connections, foundation or any other on-site work) have been obtained from the county.

(2)

Permit fees. The applicant for any such permits shall pay to the county, at the time of application, its fee for those inspections or permits on conventionally built structures.

(3)

Insignia requirements. No industrialized building shall be installed or occupied in the county unless it bears an insignia of the department of community affairs of the state indicating state approval pursuant to the acts of the general assembly.

(4)

Zoning. No industrialized building shall be erected upon any site in the county, or used for any purpose, unless the site is properly zoned for the intended use or a land 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.

(5)

Applicability of county regulations. This section does not eliminate the necessity of complying with any ordinance, rule or regulation of the county which relates to matters addressed, investigated and approved by the state through its department of community affairs resulting in the issuance of its insignia.

(6)

Notification to purchaser. 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 the requirements of this subsection. 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, as provided in subsection (b) of this section.

(e)

Minimum square footage per occupant. Each mobile home must consist of one or more rooms which are arranged, designed or used as living quarters for one family (as defined in section 134-1) and two or fewer persons who are not family members.

(1)

A mobile home may be occupied only by a family and up to two persons who are not family members.

(2)

A mobile home shall have an interior bathroom and complete kitchen facilities, permanently installed.

(3)

A mobile home shall have at least 250 square feet of total square footage (as determined in the records maintained by the Cobb County Tax Assessor) per each adult occupant.

(4)

No more than one vehicle per 250 square feet of total square footage may be parked regularly overnight at or within a paved parking area as required by the MHP and MHP/S zoning districts. "Regularly" means a majority of nights in any 21-day period. Exceptions to this paragraph may be considered as part of a land use permit processed in accordance with section 134-36.

(f)

Violations. Any violation of the provisions of this section shall be punishable as provided in section 1-10, or by loss of the business license of any seller. In addition, any manufactured home or industrialized building erected, constructed, parked, occupied or used in violation of the terms of this section 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 section may be enforced by the county, or proper county authority authorized by the county manager, by injunction or otherwise. This right to injunctive relief is cumulative and is not to be construed as curtailing the rights of any resident, property owner or other person regarding enforcement of this section or of such rules and regulations as may be promulgated by the county in pursuance of this section.

(g)

Steel shipping containers. Steel shipping containers or the like shall not be used for or converted to a dwelling unit, other living space or storage space in residentially zoned districts.

(h)

Portable storage units.

(1)

Only one portable storage unit may be placed on a residential property.

(2)

A portable storage unit or similar enclosure shall only be placed on a driveway which is a hardened surface and shall be located at the furthest point away from the street.

(3)

A portable storage unit or similar enclosure is limited to 30 days on a property during any consecutive 365 day period beginning on the date of the placement of the unit.

(4)

In cases where there is an active building permit to significantly perform a major remodel to an existing home or to construct a new home the portable storage unit or similar enclosure may be placed on the property as long as there is an active building permit and work is progressing to the satisfaction of the building official. In no event will the storage unit be allowed to remain over 180 days. At the time of issuance of a certificate of occupancy or letter of completion the removal of the storage unit will be required within five days after the issuance date.

(5)

In cases where a hardship can be demonstrated, the director of community development may grant an extension on a property for 30 days. Additional 30-day periods may be granted by request, but not to exceed three extensions in total. Additional requests for extension may be brought to the board of commissioners zoning hearing as an other business item. A hardship may be caused by an accidental or unintentional fire, flood, natural disaster or other circumstances presented on a case by case basis, that create a need for additional time for the unit to be on the property. The applicant for the extension bears the burden of proof to document and demonstrate, in writing, to the director the basis for the required extension.

(Ord. of 2-25-86; Ord. of 12-11-90, § 3-28-17.4; Ord. of 2-26-08; Amd. of 2-23-10; Ord. of 7-27-10; Ord. of 2-28-12; Amd. of 2-26-13)