EXTRAORDINARY SESSION
The
Board of Commissioners of Spalding County, Georgia, held their extraordinary
session on Monday, July 17, 2000 in their office in the Courthouse Annex in the
City of Griffin, Spalding County, Georgia, beginning at 6:00 o’clock p.m. with
Commissioners Earle Childres, Merrill Massengale, Johnie McDaniel and Michael
Kendall present. Commissioner Martha McDaniel was absent due to attendance of
the NACO Convention. Also present were County Manager Mike Ruffin, County
Attorney Jim Fortune and Executive Secretary Phyllis Doane. Deputy County
Manager Wilson was absent.
I. OPENING (CALL TO
ORDER) – Chairman Kendall
II. INVOCATION
– Rev. Danny Stewart
III. PLEDGE TO FLAG – Led by
Chairman Kendall
VI.
PUBLIC
COMMENT
Mr. William White, Director of City of Griffin Water & Wastewater Dept. and Mayor Carlton Imes presented an update on the water system in Spalding County and to explain the situation. Mr. White gave his address as 26 Hillcrest Circle for the record. Mr. White said that the reservoir had dropped 30 inches. He said that if we had to depend solely on the reservoir our water would be depleted by the mid part or latter part of August. He said with the drought conditions we would be unable to use the river until we get rain. He said that we are presently getting water from Clayton County Water Department averaging 300,000 gallons per day to serve the northwest quadrant. Another alternative is drilling wells and utilize them. He said they were in the process of drilling three (3) wells and the water can be treated on site and will be overseen by the EPD. He said the worse thing for the system is that people are still violating the total water ban. He said they have looked into making a connection with Henry County and hopefully can start construction next week to make that connection. This will be on an as-needed drastic measure, which would be when we are on a rationing of water. He had asked for a cut back on hours on two (2) car washes and has sent out a letter to all industries asking for a response of the manner and volume of their reduction in usage of water at this time. He said new releases would be put out as needed.
Mayor Imes commented that the connection
to these other counties is supplemental but they are not willing to let us have
a large volume of water. He said that
we are consuming 8,000,000 gallons of water a day. He said getting a half million from one county and a half million
from another county, we are still 7,000,000 gallons short. He said the bond money they have borrowed to
build the reservoir in Pike County will have to be used for these connections
and that money will have to be made up.
He said the most reasonable answer to the problem is extreme
conservation by all concerned. The
building of the reservoir in Pike County is on hold at the present time. He said that they should be two years into a
three-year program but they aren’t and it is frustrating. Mr. Imes addressed the question of why we
continue sending water to City of Zebulon and City of Williamson when we don’t
have enough for Spalding County. He
said that the two together only use 6,000,000 gallons per month or an average
of 200,000 to 250,000 gallons per day.
He said that the City of Zebulon had reopened their two wells as of
today. He and Mr. White stated that the
county could help by assisting in the laying of water lines for connection to
other county systems.
Mr. Sid Jeanette, 1980 Kilgore Road,
stated that he wrote a letter on June 22, 2000 to the chairman addressing the
operation of Cherokee Rose and copy to each commissioner and his concern of it
being a nuisance. He was asked to give
his constructive thoughts if he had any and he handed these to the Board.
He said that original code for the PRRRD
District was established in 1989 and amended in 1994 and at that time the
standards were “watered down” and he wanted to know why the code was
changed. He said that Cherokee Rose has
not been approved in the code the way it is set up to be approved. He said there never was a pre-development
plan approved and in his opinion it does not exist legally. He asked the Board to look at what he has
written and see if they can come up with an answer to his questions that people
have concern with. He said the noise
problem is decreasing property values and that all of us are going to the Board
of Equalization and asks for a tax decrease.
Ms. Betty Gebhardt, 79 Richardson Road,
complained about half of her driveway being blocked with three lines of
cars. She had called the law several
times to have the parking eliminated.
She said on July 4th they had both sides of the road
blocked. She said there have been 45
complaints made on Richardson Road.
Sheriff Cantrell said that they could park on the right side of the road
and leave the other side open.
County Manager Ruffin was authorized to
write a letter to the Sheriff to direct Captain Beam to assess the situation
and ask for a reply by the August 7, 2000 meeting for a resolution to the
problem.
Mr. Milton Cline, 1051 Baptist Camp Road
spoke on Cherokee Rose. He said that he
has been struck three (3) times by shots.
He handed out documentation from a Sheriff’s report stating that it did
happen. He said they did not have the
proper size area for the facility and recommended that the county buy it for
green space that state will provide money for.
He said he was about to the point that he was going to call the EPA and
have an environmental study done on it.
He said it is just very annoying.
He said they were criminal trespassing on his property and his personal
rights were being violated.
Commissioner Kendall recommended that he file a suit for personal
rights. He said that he did not
understand why the people were so reluctant to go and talk to some
lawyers.
Mr. George Corley, 934 Baptist Camp Road,
also spoke on Cherokee Rose. He said
that there were twelve (12) children across the road from this facility and he
was worried about them wandering over there and getting hurt. He said there were no fences and no signs
up. He stated he wanted Cherokee Rose
shut down. Mr. Kendall stated that the
county could require them to put up some barriers out there to keep children
out but that was not going to solve the big problem.
Mr. John William Kelley, 2500 West Ellis
Road, requested that the Board not vote to permanently close West Poplar
Street. He asked them to replace the
culvert. He said that the county really
does need that road.
Mr. Darrell Lee Boaz, 1596 Rehoboth
Church Road, complained about receiving a citation for violation of the Sign
Ordinance. He said that he was right
now eight (8) days in violation of the Sign Ordinance and he was going to
sue. He said that he has been violated
of his constitutional rights for the past fourteen (14) years. He said that he was videotaping the meeting
so he will evidence when he files a lawsuit.
He said you have got one county and four cities and each one has
different things and there is no equal protection of law under these sign
ordinances. He said constitutionally
the Sign Ordinance is null and void. He
said his sign (a 4 x 6 banner) is on private property and the county had no
right to charge him. He said he would
be bringing lawsuits.
Mr. James Kay, 116 Kay Road, stated that
some of the people on this Board have stole from him. He said that the county had accused him of being a terrorist and
had trespassed on his property. He said
that he had never had a felony charge brought against him. He talked about favoritism to the “good ole
boys”.
Mr. Dwight Bollin, 45 East Lake Circle,
spoke on the Spalding County Emergency & Rescue Ordinance, Section
3-3004. He said the County must be in a
“state of emergency” regarding the Sign Ordinance. He said what going on right now with the sign thing is the Bill
of Rights is just “spit on”. He said
that he had had a few of his signs seized.
He said that every one of his signs has a message and stated he
protested the Sign Ordinance.
Ms. Gail Dean, 1250 Teamon Road, spoke on
the issue of Cherokee Rose. She said
while they were picketing quietly across the road, they were being hit by
shot. She said that this is shooting
across the county road, which is illegal.
She said that they were getting shot on their own property line and also
trespassing on their property. She said
that they have not filed a civil lawsuit hoping that the county would require
them to meet the County Code, but they have not dismissed filing a suit.
Mr. Tom Dean, 1250 Teamon Road, spoke on
the issue of Cherokee Rose. He said
that he attended the July 11, 2000 Planning & Zoning meeting and it was
brought out that in 1997 they had made a recommendation to the Board of
Commissioners to remove the PRRRD zoning district and the Board of
Commissioners tabled the item and the item was still on the table and that is
where the Planning Commission still stood. He said that Cherokee Rose had not
complied with one single thing in the Zoning Ordinance that was adopted in 1994
as he has read all the laws on zoning while being incapacitated. He said that people can do anything in this
county and get away with it and that is what they are faced with. He said that they had even constructed a
firebreak through the back of his property and have criminally trespassed on
his property and he was going to do something about this. Mr. Kendall told Mr. Dean that one way or
another the county was going to get this situation resolved.
Commissioner Massengale asked Chairman
Kendall to call for a short recess, which he did.
Chairman Kendall called the meeting back
to order.
Mr. Greg Pruitt, 55 Partridge Path, spoke
on UD0-A-00-11, 00-12 & 00-13 regarding building and subdivision fees being
increased. County Manager Ruffin
explained to him that HB 489 prohibits tax property dollars being spent for a
service that is being offered only in unincorporated areas of the county. When the City and County adopted the 489
Delivery Strategy, they agreed that Planning & Zoning and Inspection
Services should be self-supporting and the County elected to increase their
fees over a two (2) year period rather than all at one time. The County increased the fees 50% last year
and is now increasing the other 50% to cover the cost of service.
1. Consider approval of the minutes for the
June 19, 2000 Extraordinary Session, Public Hearing of June 22, 2000 and
Special Called Meeting of June 30, 2000.
Upon motion by Commissioner Childres, seconded by Commissioner Johnie
McDaniel, the minutes were unanimously approved by a vote of 4-0.
1. Consider approval at second reading of Amendment to the Official
Zoning Ordinance and Official Zoning Map of the following:
·
Rezoning
Application #00-20Z: Silas J. and Nancy M. Stephens, Owners,
Michael Stephens, Agent, 120 LaPrade Road, 1.147 acres, R-1 to R-2.
Upon motion by Commissioner Childres, seconded by Commissioner Johnie McDaniel Application was unanimously approved by a vote of 4-0.
IN RE:
APPLICATION OF MICHAEL STEPHENS, SILAS J. STEPHENS,
AND NANCY M. STEPHENS
FOR REZONING CERTAIN PROPERTY
LOCATED WITHIN SPALDING COUNTY,
GEORGIA;
REZONING APPLICATION 00-20Z
RESOLUTION
AMENDING
THE ZONING
ORDINANCE OF SPALDING COUNTY, GEORGIA
AND
THE OFFICIAL
ZONING MAP OF SPALDING COUNTY, GEORGIA
WHEREAS, the Board of Commissioners of Spalding County, Georgia under the Constitution and Laws of the State of Georgia is empowered by virtue of its police power to regulate the health, safety and welfare of the citizens of Spalding County to provide for and enact zoning and developmental regulations;
WHEREAS,
the Board of Commissioners of Spalding County, Georgia enacted the current
Zoning Ordinance of Spalding County, Georgia on January 4, 1994 and therein
adopted the Official Zoning Map of Spalding County, Georgia, in Article 23,
Section 2301, et. seq.;
WHEREAS, under the Zoning Ordinance of Spalding County, Georgia and the Official Zoning Map of Spalding County, Georgia the within described property is currently classified under the zoning classification entitled “R-1, Single Family Residential;”
WHEREAS, Michael Stephens, Silas J. Stephens, and Nancy M. Stephens, applicants, applied for a change in zoning classification to be applied to the within described property to “R-2, Single Family Residential;”
WHEREAS,
such application was filed with Spalding County, Georgia on April 5, 2000;
WHEREAS,
such application was reviewed by the Spalding County Planning Commission, and a
hearing on the application was conducted by the Board of Commissioners of
Spalding County, Georgia on June 22, 2000, pursuant to O.C.G.A. § 33-66-1, et.
seq. in the Spalding County Hearing Room, Room 108, Spalding County
Courthouse Annex, 119 East Solomon Street, Griffin, Spalding County, Georgia;
WHEREAS,
the Board of Commissioners of Spalding County, Georgia considered the proposed
amendment, any and all alternate proposals or amendments, the report of the
Spalding County Planning Commission and all data and evidence taken at the
public hearing; and
WHEREAS,
it is deemed by the Board of Commissioners of Spalding County, Georgia that an
amendment to the Zoning Ordinance of Spalding County, Georgia and an amendment
to the Official Zoning Map of Spalding County, Georgia is in conformance with
the Spalding County Comprehensive Plan and sound comprehensive planning
principles and of substantial benefit to the public and in the promotion of the
best interests and general welfare of the people;
NOW
THEREFORE, IT SHALL BE AND IS HEREBY RESOLVED by the Board of Commissioners of
Spalding County, Georgia, that the Zoning Ordinance of Spalding County, Georgia
and the Official Zoning Map of Spalding County, Georgia shall be and are hereby
amended as follows:
Section 1: The Zoning Ordinance of Spalding County, Georgia and the Official Zoning Map of Spalding County, Georgia designating the boundaries of the several types or classes of zoning districts shall be, and is hereby amended so as to change the zoning classification applicable to the following described property:
All that lot, tract or parcel of land situate, lying and being in Landlot 100 of the 3rd Land District originally Henry, now Spalding County, Georgia being designated as Lot 20 of Block “D” in Hilan Subdivision containing 1.147 acres and may be more particularly described as follows:
TO FIND THE TRUE POINT OF BEGINNING commence at the intersection of the east boundary line of Landlot 100 and the south right-of-way of LaPrade Road thence running in a westerly direction along said right-of-way a distance of 400.00’ to a ½” re-bar; thence South 12°17’56” East a distance of 512.20’ to a 1” pipe; thence North 89°36’57” West a distance of 100.00’ to a ½” re-bar; thence North 12°20’05” West a distance of 510.70’ to a ½” re-bar located on the south right-of-way of LaPrade Road; thence continuing along said right-of-way North 89°30’31” East a distance of 100.00’ to a ½” re-bar and POINT OF BEGINNING.
From “R-1, Single Family Residential” to “R-2, Single Family Residential ” District.
Section 2:
(a) Pursuant to the requirements of the Zoning Ordinance of Spalding County, Georgia, section 2302 (B), the Official Zoning Map of Spalding County, Georgia shall be amended to reflect the change made hereby to read as follows:
On July 17, 2000, by official action of the Board of Commissioners of Spalding County, Georgia the following change was made in the Official Zoning Map, Spalding County: All those tracts or parcels of land situate lying and being in Land Lot 100 of the 3rd Land District of originally Henry, now Spalding County, Georgia, consisting of approximately 1.147 acres, zoned R-2.
(b) The Chairman of the Board of Commissioners of Spalding County, Georgia is directed and authorized to execute such notice of the amendment of the Official Zoning Map of Spalding County, Georgia.
(c) The Zoning Administrator is authorized and directed to enter such notice of the amendment of the Official Zoning Map of Spalding County, GA thereon.
Section 3: The foregoing amendment of the Zoning Ordinance of Spalding County, Georgia shall become effective immediately upon adoption of this resolution.
Section 4: All Ordinances or resolutions in conflict herewith shall be and are hereby repealed.
OLD
BUSINESS
1.
Consider approval at second reading of Amendment to the Code of Spalding County
adding Part 3, Chapter 4, Regulation of Manufactured Homes. Upon motion by Commissioner Massengale,
seconded by Commissioner Childres the following Amendment to the Code was unanimously
approved by a vote of 4-0.
RESOLUTION
AMENDING
THE
CODE OF ORDINANCES OF SPALDING COUNTY, GEORGIA
WHEREAS, the Board of Commissioners of
Spalding County, Georgia under the Constitution and Laws of the State of
Georgia is empowered by virtue of its police power to regulate the health,
safety and welfare of the citizens of Spalding County;
WHEREAS, the Board of Commissioners of
Spalding County has determined that it is in the best interests of the citizens
of Spalding County for certain amendments to be made to the Code of Ordinances
of Spalding County;
WHEREAS, the Board of Commissioners of
Spalding County, Georgia considered the proposed amendments, any and all
alternate proposals or amendments, the report of the Spalding County Planning
Commission and all data and evidence taken at the public hearing; and
WHEREAS, it is deemed by the Board of
Commissioners of Spalding County, Georgia that an amendment to the Code of
Ordinances of Spalding County, Georgia is in conformance with the Spalding
County Comprehensive Plan and sound comprehensive planning principles and of
substantial benefit to the public and in the promotion of the best interests
and general welfare of the people;
NOW THEREFORE, IT SHALL BE AND IS HEREBY
RESOLVED by the Board of Commissioners of Spalding County, Georgia, that the
Code of Ordinances of Spalding County, Georgia shall be and is hereby amended
as follows:
Section 1:
The following provisions shall be added to the Code of Ordinances of
Spalding County, to appear as Part 3, Chapter 4, to be entitled: "Chapter 4. Regulation of Manufactured Homes" as Sections 3-4000, et.
seq., as follows:
CHAPTER 4
REGULATION OF MANUFACTURED
HOMES
Section 3-4000. Purpose of the Ordinance.
The purpose of this enactment is to
provide protection to residents of Spalding County against potential hazards to
the health, safety and welfare of occupants of manufactured housing placed on
real property located within the geographical boundaries of Spalding County in
accordance with State and federal standards, and to regulate the installation
of manufactured housing so as to provide protection to the occupants thereof
and to ensure compliance with State and federal standards.
Section 3-4001. Definitions.
a.
"Act" or "the Act" means the National
Manufactured Housing Construction and
Safety Standards Act of 1974, 42 U.S.C.
' 5401, et. seq., as amended and any and all rules and
regulations promulgated thereunder.
b.
"Compliance Officer" means
c.
"HUD" means the United States Department of Housing and Urban
Development.
d.
"Installation" means the construction of a foundation system
and the placement or erection of a manufactured home on the foundation system,
including (but not limited to) supporting, blocking, leveling, securing or
anchoring such home and connecting multiple or expandable sections of such
home. For purposes of this Ordinance,
the terms "installation" and "set up" are interchangeable.
e.
"Installer" means a person responsible for performing an
installation of a manufactured home and who is required to obtain a license
pursuant to O.C.G.A. ' 8-2-164. In
addition thereto, Ainstaller@ shall also mean and include any ARegistered
Installer@ or ALicensed Installer@ as defined in the Rules and Regulations of
the Office of Commissioner of Insurance and Safety Fire Division, '
120-3-7-.03(6).
f.
"Manufactured Housing Act" means the "Uniform Standards
Code for Manufactured Homes Act," codified at O.C.G.A. ' 8-2-130, et.
seq., and any rules and regulations promulgated thereunder.
g.
"Safety Fire Division" means the authorized inspection and
enforcement authority of the Georgia Safety Fire Commissioner.
h.
"Secretary" means the Secretary of the U.S. Department of
Housing and Urban Development.
i.
"Set up" (See:
installation)
j.
"Standards" means the Federal Manufactured Home Construction
and Safety Standards as promulgated under Section 604 of the Act, 42 U.S.C. '
5403, as Part of the Federal Regulations.
k.
"State Administrative Agency" means an agency of the state
which has been approved by HUD to carry out the state plan for enforcement of
the standards pursuant to Section 632 of the Act (42 U.S.C. ' 5422. The Manufactured Housing Division of the
Safety Fire Division is the State Administrative Agency for Georgia.
Section 3-4002. Construction Standards.
Each manufactured home to be located in
Spalding County shall conform to the requirements of the Act and the rules and
regulations promulgated thereunder by the Secretary as the construction
standards for manufactured homes, contained at 24 C.F.R. ' 3280, as amended and
the rules and regulations of the Georgia Office of Insurance and Safety Fire
Commissioner, at Georgia Rules and Regulations, Section 120-3-7-.05 and Section
120-3-7-.06, as amended.
Section 3-4003. Dealer License Required.
Each dealer/retailer who sells or offers for sale to consumers three (3)or
more new or previously owned manufactured homes in a twelve (12) month period
in Spalding County shall have a license as required by the rules and
regulations of the Georgia Office of Insurance and Safety Fire Commissioner, at
Georgia Rules and Regulation, Section 120-3-7-.08(2), as amended.
Section 3-4004. Installer License Required.
Every installer who installs new or
previously owned manufactured homes in Spalding County shall have a
license an installer as required by the
rules and regulations of the Georgia Office of Insurance and Safety Fire
Commissioner, at Georgia Rules and Regulations, Section 120-3-7-.08, as
amended.
Section 3-4005. Installation Requirements.
Each installation of a manufactured home
in Spalding County shall comply with the Installation Requirements set forth by
the rules and regulations of the Georgia Office of Insurance and Safety Fire
Commissioner, at Georgia Rules and Regulations, Section 120-3-7-.14, including
but not limited to Appendix A to Section 120-3-7-.14.
Section 3-4006. Report of Manufactured Home Installations.
Each manufactured home installer shall
report any and all installations performed in Spalding County each month, no
later than the 10th day of each month.
Any report which complies with the requirements of the rules and
regulations of the Georgia Office of Insurance and Safety Fire Commissioner, at
Georgia Rule and Regulations, Section 120-3-7-.15 shall be deemed to comply
with this requirement. Any report
required herein shall be directed and provided to the Spalding County Zoning
Administrator.
Section 3-4007. Inspections.
An inspection of any manufactured home
installation in Spalding County shall be conducted by the Spalding County
Building Official to ensure compliance
with the requirements of O.C.G.A. ' 8-2-160, et. seq., the Rules and
Regulations of the State of Georgia and the provision of the Spalding County
code. No certificate of occupancy shall
be issued for any manufactured home within Spalding County until the inspection
required by this section has been completed and the manufactured home is
determined to be in compliance with any applicable provision of any and all
laws, rules and/or regulations. In addition, no certificate of occupancy shall
be issued for any manufactured home within Spalding County until the Tax
Commissioner of Spalding County has confirmed that any and all taxes applicable
to such manufactured home are paid and current.
Section 3-4008. Issuance of Permits and Decals; Display of
Decals.
a.
Upon completion of inspection in Section 3-4007, the owner of any
manufactured home in Spalding County shall apply for and obtain, upon payment
of any and all taxes due, from the Spalding County Tax Commissioner a
manufactured home location permit. Such
permit shall be evidenced by a decal to be affixed to the exterior of the
manufactured home.
b.
Each and every owner of a manufactured home located in Spalding County
shall be subject to ad valorem taxation as set forth in the Rules and
Regulations of the Georgia Department of Revenue at Georgia Rules and
Regulations Section 560-11-9-.04. Each
and every owner of a manufactured home located in Spalding County shall, on or
before May 1 of each calendar year, pay any and all taxes due to the Spalding
County Tax Commissioner on such manufactured home and obtain a mobile home
location permit or decal for that calendar year.
c.
The Spalding County Tax Commissioner shall not issue a manufactured home
location permit or decal until all outstanding taxes due on the manufactured
home, including delinquent taxes, interest and penalties are paid.
d.
The Spalding County Tax Commissioner shall give to each and every
manufactured home owner in Spalding County a decal as evidence of the payment
of all outstanding taxes and the issuance of a manufactured home location
permit. Such decal shall be in the
color and form prescribed each year by the Georgia Commissioner of Revenue and
shall reflect issuance by Spalding County and the calendar year for which the
permit is issued. The manufactured home
decal shall be affixed to the manufactured home on the [identify standard point
of location].
e. Any person acquiring a manufactured home after January 1 of each calendar year shall obtain from the Spalding County Tax Commissioner a manufactured home location permit by May 1 of that calendar year or within forty-five (45) days of acquisition, whichever occurs later, upon satisfactory evidence that all outstanding taxes due on the mobile home, including delinquent taxes, interest and penalties, if any, have been paid.
f.
The provisions of this section apply to each and every owner of a
manufactured home located in Spalding County and that is identified as personal
property on the Spalding County tax digest, irrespective of the owner=s
qualification for a homestead exemption thereon.
g.
The issuance of a manufactured home permit or decal shall not eliminate,
waive or supersede the zoning requirements contained in the Zoning Ordinance of
Spalding County governing the location of manufactured homes.
Section 3-4009. Annual Reports by Manufactured Home Park
Owners/Operators.
Each and every owner and/or operator of a
manufactured home park is required to give to the Spalding County Tax Assessors
an annual inventory of all manufactured homes located within the park as of
January 1 of each calendar year. Such
report shall be due on or before February 1 of each calendar year and shall
include the following information:
a.
The serial number of each and every manufactured home within the park as
of January 1 of such calendar year; and
b.
An updated lot map for each park identifying lots and manufactured homes
thereon as of January 1 of such calendar year;
Section 3-4010. Other Reports and Lot Markings required from
Manufactured Home Park Owners/Operators.
a.
In addition to the annual reports required by Section 3-4008, each and
every owner and/or operator of a manufactured home park shall provide the
following additional notices to the Spalding County Tax Assessors within thirty
(30) days of the date of the occurrence of such event:
1. The removal of any manufactured home from the
manufactured home park; and
2. Any change of ownership or of the name of the
manufactured home park.
b.
Each and every owner and/or operator of a manufactured home park shall
number each lot located within the manufactured home park in sequence and
identify each lot with its applicable lot number by a sign of sufficient size
to comply with the requirements of Spalding County Code Section 3-3001.
Section 3-4011. Inspection for Location Permit
Compliance/Citations.
a.
The Spalding County Tax Assessors and the Spalding County Building
Official shall have the responsibility
to annually inspect each manufactured home located within Spalding County,
except those held in inventory by manufactured home dealers, but specifically
including those located within manufactured home parks to determine whether the
owner of such manufactured home is in compliance with this Ordinance, including
compliance with those regulations requiring the display of the decal evidencing
issuance of the manufactured home permit.
The Spalding County Tax Assessors and the Spalding County Building
Official shall have the further responsibility
to determine whether each owner/operator of a manufactured home park in
Spalding County has complied with the reporting obligations imposed by Sections
3-4009 and 3-4010. The Spalding County
Tax Assessors and the Spalding County Building Official shall be and are hereby appointed by
Spalding County as its appropriate and lawful agent pursuant to O.C.G.A. '
15-10-63 to issue citations to owners found to be in violation of this
Ordinance.
b.
The Spalding County Tax Assessors and/or the Spalding County Building
Official shall issue a citation to the
owner or occupant of any manufactured home not in compliance with this
Ordinance. The citation shall notify
the owner, if known, of the manufactured home that it is in violation of this
Ordinance by either leaving a notice of violation with a person of legal age
found therein or by registered mail, return receipt requested. If the owner of the manufactured home is not
known, such notice may be given to any occupant therein by the same means. The notice shall state that a decal for the
manufactured home is required and not properly displayed. The notice shall also state the penalties
set forth in this Ordinance, along with those contained within O.C.G.A. '
48-5-493, as amended and Georgia Rules and Regulations Section 590-11-9-.11, as
amended.
c.
The Spalding County Tax Assessors and/or the Spalding County Building
Official issuing any citation in
Section 3-4010(b) shall also provide notice of the issuance of the citation to
the Spalding County Tax Commissioner.
Section 3-4012. Transportation of Manufactured Homes/Decal
Required.
It shall be unlawful for any person to
move or transport any manufactured home which is required to and which does not
have attached and displayed thereon the manufactured home decal required by
Section 3-4008.
Section 3-4013. Requirements for Relocation of a
Manufactured Home.
a.
A permit shall be required for the transport and/or relocation of any
manufactured home in Spalding County.
b.
Prior to transport and/or relocation of any manufactured home presently
existing in Spalding County and proposed to be transported and/or relocated to
another location within Spalding County, the Spalding County Building Official
shall conduct an inspection of such manufactured home. Based thereon, the Spalding County Building
Official shall provide to the permit applicant a list of each and every
existing condition of the manufactured home in which such home fails to conform
to the requirements of the Act and a notice that no certificate of occupancy
can be issued for habitation upon transport and/or relocation until such
manufactured home complies with the Act and the rules and regulations
promulgated thereunder by the Secretary as the construction standards for
manufactured homes, contained at 24 C.F.R. ' 3280, as amended and the rules and
regulations of the Georgia Office of Insurance and Safety Fire Commissioner, at
Georgia Rules and Regulations, Section 120-3-7-.05 and Section 120-3-7-.06, as
amended.
c.
No certificate of occupancy shall be issued for any manufactured home
relocated in Spalding County until the Spalding County Building Official
certifies (upon inspection) that such home conforms to the requirements of the
Act and the rules and regulations promulgated thereunder by the Secretary as the
construction standards for manufactured homes, contained at 24 C.F.R. ' 3280,
as amended and the rules and regulations of the Georgia Office of Insurance and
Safety Fire Commissioner, at Georgia Rules and Regulations, Section 120-3-7-.05
and Section 120-3-7-.06, as amended.
Section 3-4014. Penalties.
The following penalties shall apply for
violations of this Ordinance:
a.
Any owner of a manufactured home which is subject to these regulations
shall, in addition to the ad valorem tax due thereon, be liable for a penalty
of 10 per cent (10%) of the tax due for failure to make the return or pay the
tax by May 1 of each calendar year.
b.
Any owner of a manufactured home located in Spalding County (other than
a manufactured home dealer) on January 1 of each calendar year and subject to
these regulations shall, in addition to the ad valorem tax due thereon (and any
penalty, if applicable) for failure to make the return or pay the tax by May 1
of each calendar year, be guilty of a misdemeanor. Upon conviction thereof, the owner shall be punished by a fine of
not less than $ $200.00 nor more than
$1,000.00.
c.
Any person moving or transporting a manufactured home from a location in
Spalding County or to a location within Spalding County in violation of Section
3-4012 shall be guilty of a misdemeanor.
Upon conviction thereof, the person shall be punished by a fine of not
less than $200.00 nor more than $1,000.
Section 2:
The foregoing amendments to the
Code of Ordinances of Spalding County shall become effective immediately
upon adoption of this resolution.
Section 3: All Ordinances or resolutions in conflict herewith shall be and are hereby, repealed.
2.
Consider approval at second reading of Amendment to the Official Zoning
Ordinance and Official Zoning Map of the following:
·
Rezoning
Application #00-22Z: Brent Scarbrough, Owner, C. Mark McCullough,
Agent, 272 Futral Road, 3.3 acres, AR-1 to C-1A.
Upon motion by Commissioner Johnie
McDaniel, seconded by Commissioner Childres the following Rezoning Application
was unanimously approved by a vote of 4-0.
IN RE:
APPLICATION OF C. MARK MCCULLOUGH AND BRENT SCARBROUGH
FOR REZONING CERTAIN PROPERTY
LOCATED WITHIN SPALDING COUNTY,
GEORGIA;
REZONING APPLICATION 00-22Z
RESOLUTION
AMENDING
THE ZONING
ORDINANCE OF SPALDING COUNTY, GEORGIA
AND
THE OFFICIAL
ZONING MAP OF SPALDING COUNTY, GEORGIA
WHEREAS, the Board of Commissioners of Spalding County, Georgia under the Constitution and Laws of the State of Georgia is empowered by virtue of its police power to regulate the health, safety and welfare of the citizens of Spalding County to provide for and enact zoning and developmental regulations;
WHEREAS,
the Board of Commissioners of Spalding County, Georgia enacted the current
Zoning Ordinance of Spalding County, Georgia on January 4, 1994 and therein
adopted the Official Zoning Map of Spalding County, Georgia, in Article 23,
Section 2301, et. seq.;
WHEREAS, under the Zoning Ordinance of Spalding County, Georgia and the Official Zoning Map of Spalding County, Georgia the within described property is currently classified under the zoning classification entitled “AR-1, Agricultural and Residential;”
WHEREAS, C. Mark McCullough and Brent Scarbrough, applicants, applied for a change in zoning classification to be applied to the within described property to “C-1A, Neighborhood Commercial;”
WHEREAS,
such application was filed with Spalding County, Georgia on April 24, 2000;
WHEREAS,
such application was reviewed by the Spalding County Planning Commission, and a
hearing on the application was conducted by the Board of Commissioners of
Spalding County, Georgia on June 22, 2000, pursuant to O.C.G.A. § 33-66-1, et.
seq. in the Spalding County Hearing Room, Room 108, Spalding County
Courthouse Annex, 119 East Solomon Street, Griffin, Spalding County, Georgia;
WHEREAS,
the Board of Commissioners of Spalding County, Georgia considered the proposed
amendment, any and all alternate proposals or amendments, the report of the
Spalding County Planning Commission and all data and evidence taken at the
public hearing; and
WHEREAS,
it is deemed by the Board of Commissioners of Spalding County, Georgia that an
amendment to the Zoning Ordinance of Spalding County, Georgia and an amendment
to the Official Zoning Map of Spalding County, Georgia is in conformance with
the Spalding County Comprehensive Plan and sound comprehensive planning
principles and of substantial benefit to the public and in the promotion of the
best interests and general welfare of the people;
NOW
THEREFORE, IT SHALL BE AND IS HEREBY RESOLVED by the Board of Commissioners of
Spalding County, Georgia, that the Zoning Ordinance of Spalding County, Georgia
and the Official Zoning Map of Spalding County, Georgia shall be and are hereby
amended as follows:
Section 1: The Zoning Ordinance of Spalding County, Georgia and the Official Zoning Map of Spalding County, Georgia designating the boundaries of the several types or classes of zoning districts shall be, and is hereby amended so as to change the zoning classification applicable to the following described property:
All that lot, tract, or parcel of land, situate, lying and being in Land Lot 205 of the 2nd Land District of original Monroe, now Spalding County, Georgia containing 3.3 acres, more or less, and being more particularly described as follows:
Beginning at the intersection of the south right of way line of Futral Road and the east right of way line of Wilson Road, and running thence in a southeasterly direction along the south right of way line of Futral Road a distance of 460.00 feet, more or less, to a 3.7 more or less acre tract owned by Willie and Barbara Williams, and running thence south 28 degrees 03 minutes 03 seconds west a distance of 415.40 feet, more or less, to a point on the south boundary if Land Lot 205, and running thence in a westerly direction along the south boundary of Land Lot 205 a distance of 232.0 feet, more or less, to a point on the east right of way of Wilson Road, and running thence in a northerly direction along the east right of way line of Wilson Road a distance of 575.5 feet, more or less, to the point of beginning.
From “AR-1, Agricultural and Residential” to “C-1A, Neighborhood Commercial ” District.
Section 2:
(a) Pursuant to the requirements of the Zoning Ordinance of Spalding County, Georgia, section 2302 (B), the Official Zoning Map of Spalding County, Georgia shall be amended to reflect the change made hereby to read as follows:
On July 17, 2000, by official action of the Board of Commissioners of Spalding County, Georgia the following change was made in the Official Zoning Map, Spalding County: All those tracts or parcels of land situate lying and being in Land Lot 205 of the 2nd Land District of originally Monroe, now Spalding County, Georgia, consisting of approximately 3.3 acres, zoned C-1A.
(b) The Chairman of the Board of Commissioners of Spalding County, Georgia is directed and authorized to execute such notice of the amendment of the Official Zoning Map of Spalding County, Georgia.
(c) The Zoning Administrator is authorized and directed to enter such notice of the amendment of the Official Zoning Map of Spalding County, GA thereon.
Section 3: The foregoing amendment of the Zoning Ordinance of Spalding County, Georgia shall become effective immediately upon adoption of this resolution.
Section 4: All Ordinances or resolutions in conflict herewith shall be and are hereby repealed.
3. Consider approval at second reading of Amendment to the Official Zoning Ordinance and Official Zoning Map of the following:
·
Amendment
to UDO #A-00-06: Appendix A. Subdivision Ordinance – Section
505: add provision prohibiting
bowstring methodology
Upon motion by Commissioner Childres,
seconded by Commissioner Massengale UDO-A-00-06 was unanimously approved
by a vote of 4-0.
RESOLUTION AMENDING
THE SUBDIVISION ORDINANCE OF
SPALDING COUNTY, GEORGIA
WHEREAS, the Board of Commissioners of
Spalding County, Georgia under the Constitution and Laws of the State of
Georgia is empowered by virtue of its police power to regulate the health,
safety and welfare of the citizens of Spalding County to provide for and enact
zoning and developmental regulations;
WHEREAS, the Board of Commissioners
of Spalding County, Georgia enacted the current Zoning Ordinance of Spalding
County, Georgia on January 4, 1994 and therein adopted as Appendix A thereto,
the Subdivision Ordinance of Spalding County;
WHEREAS, the Board of Commissioners
of Spalding County has determined that it is in the best interests of the
citizens of Spalding County for certain text revisions and amendments to be
made to the Subdivision Ordinance of Spalding County;