(A) Zoning permit required. No person shall commence or proceed with development within the town's jurisdiction without first securing a zoning permit from the town. Unless elsewhere exempted by this ordinance, no use may change, and/or no building, sign or other structure can legally be erected, moved, added lo, or structurally altered without a zoning permit. The Zoning Official will approve or deny the zoning permit based on compliance with this chapter unless evidence exists that there is a violation of this chapter on the property. For similar state law provisions, refer to G.S. § 160D-403(a).
(B) 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 Fairmont Planning Board. The procedures for special use permits are outlined in §§ 154.105 through 154.116 of this chapter.
(1) In considering the special use permit, the Planning and Zoning Board shall review the following to determine if the proposed park plan is in accordance with the design standards set forth in this chapter:
(a) Title information.
(b) Location map.
(c) Recreation areas.
(d) Street and lot design.
(e) Surface water drainage.
(f) Plans of all utilities, including electrical, gas, telephone, water, street lights, and sewage.
(g) Other features of the park.
(h) Operational permit requirements.
(2) Preliminary plan.
(a) The park plan shall be drawn at a scale no smaller than one inch equals 200 feet. 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/roads, entrances and exits, off-street parking areas, buffers, traffic circulation, walkways, driveways, recreation areas, service buildings, watercourses, easements, manufactured home lots, lot numbers, all structures to be located on the park site and total acreage on the park, topography and contours of all areas where major grading will occur;
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, electrical service, water supply, and solid waste and sewage disposal facilities.
(b) The preliminary plan shall be reviewed and approved by the Planning Board as follows:
1. Submission procedure. The owner shall submit a preliminary plan which shall be reviewed and approved by the Planning Board before any construction or installation of improvements may begin. Five copies of the preliminary plan (as well as any additional copies which the subdivision administrator determines are needed to be sent to other agencies) shall be submitted to the Zoning Official at least ten working days prior to the Planning Board meeting at which the subdivider desires the review of the preliminary plan.
2. Review. The Planning Board shall review the preliminary plan at or before its next regularly scheduled meeting which follows it after the Zoning Official receives the preliminary plan and the comments from the appropriate agencies. The Planning Board shall, in writing, recommend approval, conditional approval with recommended changes to bring the plan into compliance, or disapproval with reasons within 45 days of its first consideration of the plan.
3. Decision on park plan.
a. If the Planning Board approves the preliminary plan, such approval shall be noted on two copies of the plan. One copy of the plan shall be retained by the Planning Board and one copy shall be returned to the owner. If the Planning Board approves the preliminary plan with conditions, approval shall by noted on two copies of the plan along with a reference to the conditions. One copy of the plan along with the conditions shall be returned to the subdivider. The other copy shall be filed with the documents for the manufactured home park.
b. If the Planning Board recommends conditional approval of the preliminary plan it shall keep one copy of the plan for its minutes, transmit one copy of the plan and its recommendation to the Zoning Official, and return the remaining copy of the plan and its recommendation to the owner.
c. If the Planning Board recommends disapproval of the preliminary plan, it shall retain one copy of the plan for its minutes, transmit one copy of the plan and its recommendation to the Zoning Official, and return the remaining copy of the plan and its recommendation to the owner. The reasons for such disapproval shall be specified in writing. If the preliminary plan is disapproved, the subdivider may make the recommended changes and submit a revised preliminary plan, or appeal the decision to the Board of Town Commissioners.
4. If the Planning Board does not make a written recommendation within 45 days after its first consideration of the plan, the subdivider may apply to the Board of Town Commissioners for approval or disapproval.
(3) Final plan.
(a) Applications to the Town Board for a special use permit to construct, alter, or enlarge a manufactured home park shall be accompanied by a plan for the park, prepared by a registered engineer
or architect, drawn to a scale of not less than one inch equals 200 feet nor more than one inch equals 50 feet. Three copies shall be submitted. The final plan shall show 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, topography and contours of all areas where major grading will occur;
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, electrical service, water supply, and solid waste and sewage disposal facilities.
a. The storage, collection, and disposal of solid waste in the manufactured home park shall be so conducted as to create no health hazards, rodent harboring, insect breeding areas, accident or fire hazards, or pollution.
b. All solid waste containing garbage shall be stored in standard fly tight, watertight, rodent-proof containers, with a capacity not less than 32 gallons which shall be located on the manufactured home space. Containers shall be provided in sufficient number and capacity to properly store all solid waste containing garbage. The manufactured home park management may wish to install additional solid waste 15 collection bins and shall be responsible for the proper storage, collection, and disposal of all solid waste.
c. Stands shall be provided for all containers. Such container stands shall be so designed as to prevent containers from being tipped, to minimize spillage and container deterioration, and to facilitate cleaning around them.
d. All solid waste containing garbage shall be collected at least once weekly. Where suitable, collection service is not available from municipal or private agencies, the manufactured home park operator shall provide this service. All solid waste containing garbage shall be collected and transported in covered vehicles or covered containers.
e. Where municipal or private disposal service is not available, the manufactured home park operator shall dispose of the solid waste by transporting to a disposal site approved by the town. A detailed plan for electrical installations prepared to meet the National Electrical Code and state and local codes or ordinances;
f. All streets in the manufactured home park shall be adequately illuminated from sunset until sunrise. The minimum size street light shall be a 175-watt mercury vapor (approximately 7,000 lumen class), or its equivalent, spaced at intervals of not more than 300 feet.
g. All utility lines for local distribution of electric power and telephone service shall be installed underground. Primary electrical, street lighting, and telephone lines should be underground wherever feasible.
h. In order to control erosion, all disturbed land areas shall be protected by a vegetative ground cover as defined in the State of North Carolina Erosion and Sedimentation Control Regulations. The manufactured home park must be designed and graded in such a manner as to provide for the adequate runoff of stormwater. Storm drains must be provided with sufficient inlets located at points of surface water accumulation to adequately intersect surface flow. All other requirements of the State of North Carolina Soil and Erosion and Sedimentation Control Regulations shall also be applicable. Protected water supply watershed standards may also be applicable.
8. 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.
9. No more than one manufactured home shall be parked in a manufactured home space at one time. See § 154.298 of this chapter for lot requirements in new manufactured home parks.
10. Each manufactured home space shall be clearly defined by means of concrete or iron pipe markers placed at all comers, or by fences, or by trees or shrubbery planted on lot lines.
11. Each manufactured home space shall be located on ground not susceptible to flooding and grades so as to prevent any water from ponding or accumulating on the premises.
12. Each manufactured home shall be located at least 25 feet from any other manufactured home, at least 20 feet from any building within the manufactured home park, at least 20 feet from park boundary line, at least 15 feet from the edge of the right-of-way of any street, and 100 feet from any community well.
13. With respect to anchors and tie-downs, each manufactured home space shall comply with standards specified by the State of North Carolina regulations for manufactured homes.
14. Each manufactured home space shall have two off-street parking spaces. The manufactured home park owner shall provide additional off-street parking for tenants with more than two vehicles, or for guests.
15. Each manufactured home space may be equipped with a storage building not to exceed 10 feet x 10 feet provided all such buildings in the park are located in a uniform manner at rear of the manufactured home space.
16. Every manufactured home park shall provide the following certifications:
a. Certification of approval of water supply system plans by the appropriate state agency or county health department;
b. Certification of approval of sewage collection systems by the appropriate state agency or county health department;
c. Certification of solid waste storage, collection, and disposal shall be approved by the town solid waste department.
(b) 1. The final plans shall be reviewed first by the Planning Board. If the Planning Board should disapprove the proposed park plan, the reasons for such action and recommended changes shall be given to the park developer or his or her agent in writing and the park developer shall have an opportunity to resubmit changed materials for review by the Planning and Zoning Board without additional fee. If the Planning Board approves the final plans, a recommendation shall be made to the Town Board noting this approval in a letter from the Planning Board Chairman to the Mayor and presenting the plans for Town Board consideration.
2. The Planning Board may make recommendations for conditions to be applied to the development of the manufactured home park which may be considered by the Town Board in their review of the application for a special use permit. Such conditions shall be in keeping with the requirements of § 154.107(C) of this chapter.
(c) The Board of Commissioners shall proceed with the required steps for completion of the special use permit application process as outlined in § 154.107.
(C) Certificate of occupancy.
(1) When the developer of the manufactured home park is satisfied that construction has been completed in accordance with the terms of the special use permit granted by the Town Board, certification of the completion shall be made, and the site shall be inspected by the Zoning Enforcement Officer or his or her representative. After completion of the manufactured home park in compliance with the approved plan and other application regulations has been ascertained, the certificate of occupancy shall be issued by the Zoning Enforcement Officer.
(2) The manufactured home park shall be maintained in compliance with the terms of the conditional use permit. In the event of violation of the conditional use permit, the certificate of occupancy may be revoked for a specific section of a manufactured home park which is in violation or for the manufactured home park in its entirety if necessary.
(D) Issuance of operator's license. When the owner has completed the construction of the manufactured home park, the owner/operator shall apply to the Zoning Official for an operating permit.
(1) The Zoning Official and a representative of the County Health Department shall make an on-site inspection of the park.
(a) If the plan conforms to the park plan approved by the Planning and Zoning Board and other agencies, the Zoning Official shall issue the developer an operating permit.
(b) If the plan does not conform with the approved plan, the Zoning Official shall delay issuance of the operating permit until it comes into conformity.
(2) The manufactured home park owner/operator(s) is required to provide adequate supervision to maintain the park in compliance with the requirements of this chapter. Further, the manufactured home park owner/operator(s) shall keep all park-owned facilities, improvements, equipment and all common areas in good repair and maintained at all times. The accumulation or storage of materials which would constitute a fire or other safety hazard or would cause insect or rodent breeding and harborage is prohibited.
(3) Owner/operators of manufactured home parks shall be required to supervise the placement of all manufactured homes on the site/space.
(4) Each manufactured home park owner/operator shall submit to the Town of Fairmont Zoning Official the tenancy rules and regulations governing the operation of the manufactured home park.
(E) Annual inspection. All manufactured home parks in the town shall be inspected by the town at least once every year in compliance with G.S. § 105-316(a)(1). 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.
(F) Additional requirements. No manufactured home Class C shall be placed in a new manufactured home park.
(Ord. 23-241, passed 7-18-2023)