Skip to code content (skip section selection)
(1) The County Board of Supervisors shall administer this subchapter. In doing so, the Board may designate an agent to act for it in making a recommendation as to the approval or disapproval of any plan of development submitted; however, the sole responsibility for the enforcement of this subchapter shall rest with the Board, which shall not be bound by the recommendations of any agent appointed by it.
(2) Any person whose application for a permit under this subchapter has been denied may request, and shall be granted, a hearing on the matter before the Board of Supervisors.
(1) No individual manufactured home shall be located or relocated within the county until a building permit is granted. No building permit shall be granted for residential use of a manufactured home in the county until an approved water well and septic tank disposal system has been installed and certified operational by the County Sanitarian, State Department of Health.
(2) Once all requirements have been met regarding the placement of a mobile home within the county except for the installation of water and septic disposal systems, the Building Official shall provide to the applicant a conditional certificate which shall guarantee the issuance of a building permit when the approved water well and septic tank disposal system has been installed and certified operational by the County Sanitarian, State Department of Health.
(C) Mobile homes prohibited in hurricane zone. No mobile homes shall be located in any area in the county designated as a hurricane zone unless such mobile home is brought up to current HUD standards for manufactured homes.
(D) Manufactured home used as residential dwelling. No person, persons, firm, corporation, manufactured home dealer or seller, installer, or transporter shall locate or relocate a manufactured home within the boundaries of the county for the purpose of being eventually used as a dwelling without first verifying that an approved water well and septic tank system has been installed before placing the manufactured home on the site.
(E) Main structure. All manufactured homes to be occupied as a dwelling shall be considered a main structure and regulated as such.
(F) Individual sewage disposal system. No individual manufactured home shall be connected to the sewer system of any other manufactured home or to the sewer system of any other main structure.
(G) Entry into the county/relocation within the county.
(1) No person, persons, firm, corporation, manufactured home dealer or seller, installer, or transporter shall move or transport a manufactured home into the county for the purpose of said manufactured home being eventually located in the county without first having obtained a building permit.
(2) No person, persons, firm, corporation, manufactured home dealer or seller, installer, or transporter shall move, transport, store, or maintain a manufactured home within the boundaries of the county for the purpose of relocating said manufactured home onto another site within the county without first having obtained a building permit.
(3) Manufactured home dealers licensed by the state for the sale of such homes, which transport a manufactured home into the county to said dealer’s place of business for the purpose of resale to the general public shall be exempt from this section for that period during which the manufactured home unit remains on the dealer’s sale lot.
(H) Removal of unit located or relocated in county without building permit.
(1) If a manufactured home is illegally located or relocated in the county in violation of this subchapter, the Board of Supervisors, after giving ten calendar days’ notice to the owner of the said manufactured home or the owner of the real property on which the manufactured home is located if the owner of the manufactured home cannot be determined or located, shall have the right to cause the removal of said manufactured home from its location and store said manufactured home in a location approved by the Board for that specific enforcement purpose until such time as the owner reclaims the manufactured home. The expenses of removing the manufactured home and storing it shall be a lien against the manufactured home and must be paid before the manufactured home is released to the owner, provided that the Board shall not be required to release the manufactured home until such time as the owner can present evidence that the manufactured home will be removed from the county or located in the county in conformance with this subchapter. The county, its Board of Supervisors, or any of its agents shall not be responsible for any damage occurring to unit in process of moving or storage under this section.
(2) It is further provided that after 30 days, the Board shall have the right to enforce the lien against any manufactured home removed or stored under the provisions of this section by following the provisions of VA Code § 36-7043-34, or by following the provision of any code section replacing VA Code § 43-34.
(1) The County Building Official must be present and on the site at the time that a manufactured home is delivered to any such site within the boundaries of the county for the purpose of being set up on such site. It shall be the responsibility of the homeowner, landowner, seller, manufactured home dealer, installer, and hauler to assure that the Building Official has been notified at least 24 hours in advance of the delivery and that a time suitable to the Building Official has been arranged for such delivery. No manufactured home shall be set on a site until the Building Official is present and has inspected the site.
(2) The Building Official shall be notified that a manufactured home will be moved or transported within the county to a location within the county and shall be provided with the following information:
(f) Title number;
(g) Serial number;
(k) Dimensions (length and width); and
(l) HUD number.
(3) The Building Official shall also be notified within ten days of the removal of a manufactured home from the county.
(J) Perimeter enclosure.
(1) Every manufactured home to be located or relocated in the county shall be skirted on all four sides; skirting shall be securely fastened in place. The skirting shall be installed prior to the issuance of an occupancy permit and the authorization for electrical service.
(2) Skirting shall be of rigid weatherproof material approved by the Building Official. Any such skirting shall be properly vented and supplied with an approved means of access to meet the requirements of the Building Code.
(K) Certificate of use and occupancy.
(1) No individual manufactured home shall be occupied until a certificate of use and occupancy shall have been issued by the Building Official.
(2) The certificate of use and occupancy shall not be issued until the following have been completed, inspected, and approved by the Building Official:
(a) Footing/foundation inspection;
(b) Mounting/support pillar inspection;
(c) Anchoring/tie-down inspection;
(d) Drainage line inspection;
(e) Water line inspection;
(f) Step, stoop, and handrail inspection; and
(g) Electrical power supply approval inspection.
(3) After these have been approved by the Building Official, a certificate of use and occupancy shall be issued; but not until such time is anyone to be living in said manufactured home.
(4) Within 30 days after receipt of the certificate of use and occupancy, the owner or occupant shall verify to the Building Official that a successful bacteriological examination of the water to be used within the manufactured home has been completed.
(1) The owner, landowner, permit holder, or his or her authorized agent shall bring the manufactured home into compliance with the provisions of the State Industrialized Building Safety Law, VA Code §§ 36-70 et seq., the State Uniform Statewide Building Code, and this subchapter, including any existing amendments and amendments which may hereafter be adopted, within 60 days after the issuance of the building permit.
(2) Should the manufactured home not be in compliance as stated above within the initial 60 days, the Building Official shall give written notice to the owner, landowner, or permit holder, that unless the necessary conditions or practices to bring the structure into compliance are completed to the satisfaction of the Building Official within an additional 30 days, the Building Official shall immediately initiate the appropriate legal proceedings.
(M) Existing manufactured homes.
(1) Nothing contained herein shall be construed as authorizing the continuation of violations in connection with any mobile or manufactured home located in the county. The Building Official is hereby expressly authorized to require the correction of any such violations to the extent necessary to bring any such mobile or manufactured home into compliance with said regulations and codes as they existed on the date on which the mobile or manufactured home was located in the county.
(2) Existing mobile or manufactured homes may be replaced with manufactured home units meeting the requirements of this section and setback requirements.
(1) The Health Officer and Building Official are authorized, empowered, and directed to make periodic and frequent inspections throughout the county to ascertain whether there are manufactured homes or manufactured home parks within the county in violation of county and state laws. The Health Officer shall notify the Building Official of any such violations so that action may be taken to correct the situation.
(2) The Building Official shall have the right, at all reasonable hours, to enter onto any landowner’s property for examination as to compliance with all local, state, and federal laws and regulations.
(O) Undue hardship or departure without destroying intent. The provisions of this subchapter may be deemed not applicable in those situations where, in the opinion of the Board of Supervisors, undue or unnecessary hardship would be caused, and where a departure may be made without destroying the intent of this subchapter to regulate the orderly development of the county for the protection of its citizens, provided that all applicable Health Department regulations are followed. The request for a waiver of requirements must be made in writing to the Board of Supervisors. Furthermore, the Board of Supervisors shall grant a departure from the provisions of this subchapter for the duration of the hardship only.
(P) Right to refuse building permit.
(1) In order to exercise the intent of this subchapter and provide some limited control over the number and location of manufactured homes in the county, the Board of Supervisors reserves the right to refuse to issue a building permit when, in its judgment, an individual manufactured home or manufactured home park is not in keeping with the best interests of the community.
(2) Any person or persons whose application for a permit has been denied may request, and shall be granted, a hearing on the matter by the Board of Supervisors.
(Ord. passed 8-10-1989)