ORDINANCE NO. CR2023-014
BUTTS COUNTY, GEORGIA
AN ORDINANCE TO AMEND SECTION 4.03.23 OF THE BUTTS COUNTY UNIFED DEVELOPMENT ORDINANCE REGARDING LEGAL NONFORMINING MANUFACTURED HOMES IMPACTED BY NATURAL DISASTERS AND FOR OTHER PURPOSES.
WHEREAS, the Butts County Board of Commissioners adopted a Unified Development Ordinance (“UDO”) in 2016; and
WHEREAS, several nonconforming manufactured homes in Butts County were impacted by a tornado event on January 12, 2023 and subsequently declared a natural disaster by the Governor; and
WHEREAS, the Board of Commissioners wishes to amend its regulation of legal nonconforming manufactured homes; and
WHEREAS, the County has conducted duly noticed and published public hearings before the Planning Commission on March 9, 2023 which recommended approval; the Board of Commissioners conducted and held a duly noticed public hearing on March 27, 2023, to so amend the UDO.
NOW, THEREFORE, THE BOARD OF COMMISSIONERS OF BUTTS COUNTY HEREBY ORDAINS:
SECTION ONE: Subsection (e) entitled “Legal nonconforming manufactured homes” under Section 4.04.23 of the Unified Development Code of the Code of Ordinances for Butts County, Georgia (“UDO”) is hereby amended to insert a new paragraph (2) as follows:
(e) Legal nonconforming manufactured homes.
(2) If a legal nonconforming manufactured home can be classified as a total loss as a result of a natural disaster so declared by the Federal, State, or Butts County government, a replacement manufactured home may be applied for and permitted even if the replacement manufactured home is nonconforming in use, size, dimension, installation, or design or located on a nonconforming lot; provided, however, that the following conditions are met: (1) the damage occurs from a qualifying natural disaster; (2) the replacement manufactured home shall not create a greater nonconformity than that which existed from the original manufactured home; (3) the replacement manufactured home is compliant with current building codes (and adopted amendments); (4) the replacement manufactured home is constructed to the Federal Manufactured Home Construction and Safety Standards governed by the National Manufactured Housing Construction and Safety Standards Act of 1974, and amended 42 U.S.C. Sec. 5401-5445 (the HUD Code); and (5) the replacement manufactured home is replaced within 12 months of the qualifying loss unless the owner shows that delay is beyond control of the owner but in no case shall replacement exceed 24 months from the qualifying loss. Prior to installation of and issuance of a certificate of occupancy for a replacement manufactured home, the Environmental Health division of the Butts County Health Department must have issued permission and shall be connected to a compliant private septic system, or the replacement manufactured home has been approved for and shall be connected to a public sewer system. All other provisions of this ordinance shall apply.

SECTION TWO:
A. Recordation: The County Clerk is hereby directed to record this Ordinance in the official Book of Resolutions, Volume 2 of the County and to publish this Ordinance in accordance with law and with the County’s on-line code publisher.

B. Severability Clause: It is the express intention of the Board of Commissioners that each independent provision of this amendment should be adopted, and the Board of Commissioners would have adopted each such independent provision even if the others had not been adopted. Therefore, in the event that a court of competent jurisdiction finds any provision of this amendment or the UDO to be unlawful, invalid, or unenforceable, it is the intent of the Board of Commissioners that the offending provision be severed, and all lawful provisions remain in force.

C. Penalty Clause: Unless another penalty is expressly provided, every person convicted of a violation of this Ordinance shall be punished by a fine not to exceed $1,000.00, imprisonment not to exceed 180 days, or both such fine and imprisonment.

D. General Repealer: Any Ordinance not expressly addressed by this Ordinance that is inconsistent with the provisions herein is expressly repealed to the extent that it conflicts with the provisions of this amending Ordinance.

E. Effective Date: The public welfare demanding, this Ordinance shall be effective immediately after its adoption.

SO ORDAINED, by the Board of Commissioners this ______ day of ________, 2023.

BUTTS COUNTY, GEORGIA

____________________________________
Keith Douglas, Chairman
ATTEST:

Michael Brewer, Deputy County Manager
As Clerk of the 125th Session