Private Acts of 1990 Chapter 182

SECTION 1.  As used in this act, unless the context otherwise requires:

(1)(A)  "Mobile home" means a structure which is:

         (i)         Designed for long-term occupancy with sleeping accommodations, and bathrooms and kitchen facilities with plumbing and electrical connections provided for attachment to outside systems; and

         (ii)        Designed to be transported after fabrication on its own wheels or flatbed, or other trailers and constructed as a single, self-contained unit on a single chassis.

(B) For the purpose of this act, the term "mobile home" does not include:

(i)         Manufactured homes which are constructed in two (2) or more separate chunks, are mounted on two (2) or more chassis, and are assembled on site.

(ii)        Recreational vehicles, which are vehicular type units designed as temporary living quarters for recreational camping or travel use, such as travel trailers, camping trailers, truck campers, and motor homes.

         (iii)       Manufactured mobile units, which are:

                  (a)  Designed to be transported after fabrication, and arriving at the site ready for use except for minor and incidental assembly operations, location on foundation, and connection to utilities; and

                  (b)  Designed to function as an office commercial establishment, assembly hall, storage, and other non-residential occupancy.

(2)  "Mobile home park" means any plot of ground containing a minimum of one (1) acre upon which two (2) or more mobile homes are located or are intended to be located, but does not include sites where unoccupied mobile homes are on display for sale.

(3)  "Lot" means a parcel or tract of land.

(4)  "County road" means a publicly owned right-of-way which has been improved, accepted, and maintained by Carter County.

SECTION 2.  The purpose of this act is to provide minimum development standards for mobile homes in the unincorporated areas of Carter County so that they will be developed in a safe and sanitary manner.  It shall be unlawful to place a mobile home on a lot or in a mobile home park unless it meets the requirements of this act.

SECTION 3.  The minimum standards for the placement of a mobile home on a lot shall be as follows:

         (1)  The lot must abut a county road.

         (2)  The mobile home must be properly connected to all utilities and have a sewage disposal system approved by the Carter County Health Department.

         (3)  The space between the bottom of the mobile home and the ground must be permanently enclosed within six (6) months.

         (4)  At least two (2) off-street parking spaces shall be provided.

         (5)  The lot shall be covered with permanent vegetation.

         (6)  Recreational vehicles and campers may not be placed on a lot for long-term occupancy.

         (7)  The mobile home shall be set back twenty (20) feet from the road and fifteen (15) feet from other property lines.

SECTION 4.  (a)  The property development standards in this section shall apply for all mobile home parks.

(b)  The owner of the land parcel proposed for a mobile home park shall submit a plan for development to the Carter County Planning Commission.  The plan shall show:

         (1)  The park plan drawn to scale.

         (2)  The area and dimensions of the proposed park.

         (3)  The location and width of all roadways.

         (4)  The location and dimensions of any proposed service buildings and structures.

         (5)  The location of all water and sewer lines.

         (6)  The location of all equipment and facilities for refuse disposal and other park improvements.

         (7)  A drainage plan of the park.

         (8)  A certificate of accuracy signed by the surveyor or engineer that the engineering work is correct.

         (9)  The certificate and signature of the health officer.

         (10)  Any other information deemed pertinent by the Planning Commission.

(c)  Each mobile home park site shall meet the following minimum standards:

         (1)  There shall be a minimum of thirty (30) feet between each mobile home.

         (2)  All mobile homes, structures, and pavement shall be set back thirty (30) feet from the front property line, and twenty (20) feet from the side and rear property lines.

         (3)  The sites shall be located in a flood-free area with proper drainage.

         (4)  Entrances and exits to the mobile home park shall be designed for safe and convenient movement of traffic into and out of the park, and shall be located and designed as prescribed by the Planning Commission.

         (5)  There shall be a planted buffer strip along the side and rear property lines.  Any part of the park area not used for buildings or other structures, parking, or access ways shall be landscaped with grass, trees, and shrubs.  The buffer strip shall be a plant material or other approved material which will provide a screen not less than six (6) feet in height.

         (6)  The park shall be adequately lighted.

         (7)  Each mobile home park shall provide two (2) off-street parking spaces for each mobile home space.

         (8)  The roadways and parking areas shall be paved with a hard surface material which shall be not less than double bituminous surface.  The roadways shall be a minimum of eighteen (18) feet in width.

         (9)  The density of mobile home parks is dependent on meeting requirements for setbacks, minimum distance between mobile homes, and the health department.

         (10)  Recreational vehicles and campers may not be placed in a mobile home park for long-term occupancy.

SECTION 5.  It shall be unlawful for any person to place a mobile home on a lot or in a mobile home park in the unincorporated part of Carter County unless a permit is obtained.  Fees for permits shall be set by the county commission as needed.

SECTION 6.  (a)  This act shall be enforced by the Carter County Planning Commission.

(b)  Any person who shall willfully neglect or refuse to comply with any of the provisions of this act shall be guilty of violating this act and, upon conviction, shall be fined not less than two dollars ($2.00) nor more  than fifty dollars ($50.00) for each offense.  Each day of violations shall constitute a separate offense.

SECTION 7. (a)  This act shall be administered by the Carter County Planning Commission.

(b)  All plans and plats for mobile home parks shall submitted five (5) working days before the regular meeting date of the Planning Commission.  These plans will be given preliminary and final approval by the Planning Commission.

(c)  Expansions of existing mobile home parks will have to be approved by the Carter County Planning Commission, and must conform to the standards in this act.

SECTION 8.  Variances may be granted to any part of this act by the Planning Commission for good and sufficient reasons.

SECTION 9.  The provisions of this act shall supersede any less stringent provisions of any ordinance of Carter County.

SECTION 10.  If any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to that end the provisions of this act are declared to be severable.

SECTION 11.  This act shall have no effect unless it is approved by a two-thirds (2/3) vote of the county legislative body of Carter County.  Its approval or nonapproval shall be proclaimed by the presiding officer of such body and certified by him to the Secretary of State.

SECTION 12.  For the purposes of approving or rejecting the provisions of this act, it shall be effective upon becoming a law, the public welfare requiring it.  For all other purposes, it shall become effective upon being approved as provided in Section 11.

Passed:  March 29, 1990.