ZONING AND LAND USE CONTROL

TITLE 14

ZONING AND LAND USE CONTROL

CHAPTER
1. MUNICIPAL PLANNING COMMISSION.
2. ZONING ORDINANCE.
3. FLOOD DAMAGE PREVENTION ORDINANCE.
4. MOBILE HOMES AND TRAILERS.

CHAPTER 1

MUNICIPAL PLANNING COMMISSION

SECTION
14-101. Creation and membership.
14-102. Organization, powers, duties, etc.
14-103. Additional powers.

14-101. Creation and membership. Pursuant to the provisions of Tennessee Code Annotated, ? 13-4-101, there is hereby created a municipal planning commission, hereinafter referred to as the planning commission. The planning commission shall consist of ten (10) members. One (1) of these shall be the mayor who will be a member ex officio. One other member shall be a member of the town council. The other eight (8) members shall be appointed by the mayor. Except for the initial appointments, the terms of office for the appointive members shall be four (4) years each, two (2) to be appointed each year. The first eight (8) members shall be appointed in the following manner: two (2) members for one (1) year, two (2) members for two (2) years, two (2) members for three (3) years, and two (2) members for four (4) years. The terms of the mayor and councilman shall run concurrently with their terms of office. Any vacancy in an appointive membership shall be filled for the unexpired term by the mayor who shall have the authority to remove any appointive member at his pleasure. All members shall serve without compensation. (1989 Code, ? 11-101)

14-102. Organization, powers, duties, etc. The planning commission shall be organized and shall carry out its powers, functions, and duties in accordance with all applicable provisions of Tennessee Code Annotated, title 13. (1989 Code, ? 11-102)

14-103. Additional powers. Having been designated as a regional planning commission, the municipal planning commission shall have the additional powers granted by, and shall otherwise be governed by the provisions of the state law relating to regional planning commissions. (1989 Code, ? 11-103)
CHAPTER 2

ZONING ORDINANCE

SECTION
14-201. Land use to be governed by zoning ordinance.

14-201. Land use to be governed by zoning ordinance. Land use within the Town of Oliver Springs shall be governed by Ordinance Number 82-12-02B, titled "Zoning Ordinance, Oliver Springs, Tennessee," and any amendments thereto. (1989 Code, ? 11-301)
CHAPTER 3

FLOOD DAMAGE PREVENTION ORDINANCE

SECTION
14-301. Flood damage control to be governed by flood damage prevention ordinance.

14-301. Flood damage control to be governed by flood damage prevention ordinance. Regulations governing flood damage control within the Town of Oliver Springs shall be governed by Ordinance Number 940901A, titled "Floodplain Management Regulations" and any amendments thereto.
CHAPTER 4

MOBILE HOMES AND TRAILERS

SECTION
14-401. Definitions.
14-402. Regulation of mobile homes.
14-403. Regulation on mobile home parks.
14-404. Regulation of travel trailers and travel trailer parks.
14-405. Permits.
14-406. Fees for permits.
14-407. Application for permit.
14-408. Enforcement.
14-409. Appeals.
14-410. Violation and penalty.

14-401. Definitions. (1) "Mobile home (trailer)." A detached single family dwelling unit with any or all of the following characteristics:
(a)Designed for long-term occupancy, and containing sleeping accommodations, a flush toilet, a tub or shower bath and kitchen facilities, with plumbing and electrical connections provided for attachment to outside systems.
(b)Designed to be transported after fabrication on its own wheels, or on a flatbed or other trailers or detachable wheels.
(c)Arriving at the site where it is to be occupied as a complete dwelling including major appliances and furniture, and ready for occupancy except for minor and incidental unpacking and assembly operations, location on foundation supports, connection to utilities and the like.
(2)"Mobile home park." The term mobile home park shall mean any plot of ground within the Town of Oliver Springs on which two (2) or more mobile homes, occupied for dwelling or sleeping purposes, are located.
(3)"Mobile home space." The term shall mean a plot of ground within a mobile home park designated for the accommodation of one (1) mobile home.
(4)"Travel trailer." A travel trailer, pick-up camper, converted bus, tent-trailer, tent, or similar device used for temporary portable housing or a unit which:
(a)Can operate independent of connections to external sewer, water, and electrical systems;
(b)Contains water storage facilities and may contain a lavatory, kitchen sink, and/or bath facilities; and/or
(c)Is identified by the manufacturer as a travel trailer.

(5)"Travel trailer park." The term travel trailer park shall mean any plot of ground within the Town of Oliver Springs on which two (2) or more travel trailers, occupied for camping or periods of short stay, are located.
(6)"Health officer." The director of a town, county, or district health department having jurisdiction over the community health in a specific area, or his duly authorized representative.
(7) "Permit." A permit is required for mobile home parks, single mobile homes, and travel trailer parks. Fees charged under the permit requirement are for inspection and the administration of this chapter.
(8)"Buffer strip." An evergreen buffer shall consist of a greenbelt planted strip not less than ten (10) feet in width. Such a greenbelt shall be composed of evergreen trees and shrubs or hedge planted in rows which will eventually grow to a height of not less than ten (10) feet. (1989 Code, ? 11-201)

14-402. Regulation of mobile homes. (1) It shall be unlawful for any mobile home to be used, stored, or placed on any lot or serviced by the utilities of the town where the mobile home is outside any designated and licensed mobile home park after the date of the adoption of this code. (2)The owner or occupant of any mobile home already placed on a lot, on or before the date of the adoption of this code, will be permitted to reside at the present location. However, if at any time the ownership or occupancy of either the lot or mobile home shall change or if the mobile home is moved from its present location, the mobile home owner shall be given a period not to exceed thirty (30) days in which to remove the mobile home and to comply with all provisions of this chapter.
(3)No mobile home shall be used, placed, stored, or serviced by utilities within any mobile home park in the town unless there is posted near the door of the mobile home a valid town permit sticker and a Tennessee State License. (1989 Code, ? 11-202)

14-403. Regulation of mobile home parks. (1) Permit for mobile home park. No place or site within the town shall be established or maintained by any person, group of persons, or corporation as a mobile home park unless he holds a valid permit issued by the building inspector in the name of such person or persons for the specific mobile home park. The building inspector is authorized to issue, suspend, or revoke permits in accordance with the provisions of this chapter.
(2)Existing mobile home parks. Mobile home parks in existence as of the effective date of this chapter shall be required to obtain a mobile home park permit. Pre-existing mobile home parks which cannot comply with the requirements regarding mobile home parks shall be considered as a non- conforming use; provided, however, if at any time the ownership of the park shall change, the new owner shall be given a period not to exceed 30 days in which to comply with current mobile home park regulations in all respects. Failure to do so shall render him ineligible for a mobile home park permit at its then present location.
Pre-existing mobile home parks shall have a period, not to exceed six months, in which to comply with all state regulations applicable thereto which were in force prior to the establishment of the mobile home park.
(3)Inspections by building inspector. The building inspector is hereby authorized and directed to make inspections to determine the condition of mobile home parks, in order that he may perform his duty of safeguarding the health and safety of occupants of mobile home parks and of the general public. The building inspector shall have the power to enter at reasonable times upon any private or public property for the purpose of inspecting and investigating conditions relating to the enforcement of this chapter.
(4)Length of occupancy. No mobile home space shall be rented in any mobile home park except for periods of sixty (60) days or more, and no mobile home shall be admitted to any park unless it can be demonstrated that it meets the requirements of the American Standards Association Code Provision A-119.1-1963; American Standard for Regulation in Mobile Homes of Electrical, Heating and Plumbing Systems; or Mobile Homes Manufacturers Association, Mobile Home Standards for Plumbing, Heating, and Electrical Systems; or any state or municipal administered codes insuring equal or better plumbing, heating, or electrical installations.
(5)Location and planning. The mobile home park shall be located on a well-drained site and shall be so located that its drainage will not endanger any water supply and shall be in conformity with a plan approved by the municipal planning commission.
(6)Minimum size of mobile home park. The tract of land for the mobile home park shall comprise an area of not less than two (2) acres. The tract of land shall consist of a single plot so dimensioned and related as to facilitate efficient design and management.
(7)Minimum number of spaces. Minimum number of spaces completed and ready for occupancy before first occupancy is twelve (12).
(8)Minimum mobile home space and spacing of mobile homes. Each mobile home space shall be adequate for the type of facility occupying the same. Mobile homes shall be parked on each space so that there will be at least fifteen (15) feet of open space between mobile homes or any attachment such as a garage or porch, and at least fifteen (15) feet end to end spacing between trailers and any building or structure, twenty (20) feet between any trailers and any building or structure, twenty (20) feet between any trailer and property line and thirty-five (35) feet from the right-of-way of any public street or highway. Excluding the buffer strip and parking space, each mobile home space shall contain:
(a)A minimum lot area of two thousand-two hundred and fifty (2,250) square feet;
(b)A minimum depth with end parking of an automobile equal to the length of the mobile home plus thirty (30) feet;
(c)A minimum depth with side or street parking equal to the length of the mobile home plus fifteen (15) feet; and
(d)A minimum width of at least thirty (30) feet and a minimum depth of at least seventy-five (75) feet.
(9)Water supply. Where a public water supply is available, it shall be used exclusively. The development of an independent water supply to serve the mobile home park shall be made only after written approval of plans and specifications has been granted by the county health officer. In those instances where an independent system is approved, the water shall be from a supply properly located, protected, and operated, and shall be adequate in quantity and approved in quality. Samples of water for bacteriological examination shall be taken before the initial approval of the physical structure and thereafter at least every four (4) months and when any repair or alteration of the water supply system has been made. If a positive sample is obtained, it will be the responsibility of the mobile home park operator to provide such treatment as is deemed necessary by the health officer to maintain a safe, potable water supply. Water shall be furnished at the minimum capacity of two hundred and fifty (250) gallons per day per mobile home space. An individual water service connection shall be provided for each mobile home space.
(10)Sewage disposal. An adequate sewage disposal system must be provided and must be approved in writing by the health officer. Each mobile home space shall be equipped with at least a four (4) inch sewer connection, trapped below the frost line and reaching at least four (4) inches above the surface of the ground. All sewer lines shall be laid in trenches separated at least ten (10) feet horizontally from any drinking water supply line.
Every effort shall be made to dispose of the sewage through a public sewerage system. In lieu of this, a septic tank and sub-surface soil absorption system may be used provided the soil characteristics are suitable and an adequate disposal area is available. The minimum size of any septic tank to be installed under any condition shall not be less than seven hundred fifty (750) gallons working capacity. This size tank can accommodate a maximum of two (2) mobile homes. For each additional mobile home on such a single tank, a minimum additional liquid capacity of one hundred seventy-five (175) gallons shall be provided. The sewage from no more than twelve (12) mobile homes shall be disposed of in any one (1) single tank installation. The size of such tank shall be a minimum of two thousand five hundred (2,500) gallons liquid capacity.
The amount of effective soil absorption area or total bottom area of overflow trenches will depend on local soil conditions and shall be determined only on the basis of the percolation rate of the soil. The percolation rate shall be determined as outlined in Appendix A of the Tennessee Department of Health Bulletin, entitled "Recommended Construction of Large Septic Tank Disposal Systems for Schools, Factories and Institutions." This bulletin is available on request from the department. No mobile home shall be placed over a soil absorption field. In lieu of a public sewerage or septic tank system, an officially approved package treatment plant may be used.
(11)Refuse. The storage, collection, and disposal of refuse in the park shall be so managed as to create no health hazards. All refuse shall be stored in fly proof, water tight, and rodent proof containers. Satisfactory container racks or holders shall be provided. Garbage shall be collected and disposed of in an approved manner at least once per week.
(12)Electricity. An electrical outlet supplying at least two hundred twenty (220) volts shall be provided for each mobile home space and shall be weather proof and accessible to the parked mobile home. All electrical installations shall be in compliance with the National Electrical Code and Tennessee Department of Commerce and Insurance Regulation No. 15, entitled "Regulations Relating to Electrical Installations in the State of Tennessee," and shall satisfy all requirements of the local electric service organization.
(13)Streets. Minimum widths of various streets within mobile home parks shall be:
One-way, with no on-street parking 12 ft.
One-way, with parallel parking on one side only 18 ft.
One-way, with parallel parking on both sides 26 ft.
Two-way, with no on-street parking 20 ft.
Two-way, with parallel parking on one side only 28 ft.
Two-way, with parallel parking on both sides 36 ft.
Streets shall have a gravel base consisting of size 25 (Grade D) stone compacted to six (6) inches and a paved surface of asphaltic concrete (hot mix) as specified in the Tennessee Department of Highways' Standard Specifications for Road and Bridge Construction, 1968, Section 411, compacted to one (1) inch with not less than an average weight of one hundred (100) pounds per square yard.
(14)Parking spaces. Car parking spaces shall be provided in sufficient number to meet the needs of the occupants of the property and their guests without interference with normal movement of traffic. Such facilities shall be provided at the rate of at least one (1) car space for each mobile home lot plus an additional car space for each four (4) lots to provide for guest parking, for two-car tenants, and for delivery and service vehicles. Car parking spaces shall be located for convenient access to the mobile home spaces. Where practical, one (1) car space shall be located on each lot or located in adjacent parking bays. The size of the individual parking space shall have a minimum width of not less than ten (10) feet and a length of not less than twenty (20) feet. The parking spaces shall be located so that access can be gained only from internal streets of the mobile home park.
(15)Buffer strip. An evergreen buffer strip shall be planted along all boundaries of the mobile home park (see definition). (1989 Code, ? 11-203)
14-404. Regulation of travel trailers and travel trailer parks.
(1)It shall be unlawful for any travel trailer to be occupied or serviced outside any properly designated travel trailer park. This provision shall not apply to the storage of travel trailers, provided said trailer unit is neither temporarily or permanently occupied as a dwelling unit while within the town limits.
(2)Permit for travel trailer park. No place or site within the town shall be established or maintained by any person, group of persons, or corporation as a travel trailer park unless he holds a valid permit issued by the building inspector in the name of such person or persons for the specific travel trailer park. The building inspector is authorized to issue, suspend, or revoke permits in accordance with the provisions of this chapter.
(3)Inspections by building inspector and county health officer. The building inspector and county health officer is hereby authorized and directed to make inspections to determine the condition of travel trailer parks, in order that he may perform his duty of safeguarding the health and safety of the occupants of travel trailer parks and of the general public. The building inspector or county health officer shall have the power to enter at reasonable times upon any private or public property for the purpose of inspecting and investigating conditions relating to the enforcement of this chapter.
(4)Length of occupancy. Travel trailer spaces shall be rented by the day or week only, and the occupant of such space shall remain in the same travel trailer park not more than fourteen (14) days.
(5)Minimum size of travel trailer space. Each travel trailer space shall have a minimum width of thirty (30) feet and a minimum length of fifty (50) feet.
(6)Site planning improvements shall conform to the standards established in Regulations VI-XX of the State Regulations Governing the Construction, Operation and Maintenance of Organized Camps in Tennessee, as provided in Pub. Acts 1965, ch. 65. (1989 Code, ? 11-204)

14-405. Permits. The following requirements for permits shall apply to any mobile home park, individual mobile home, and travel trailer park within the corporate limits.
(1)Mobile home parks. It shall be unlawful for any person or persons to maintain or operate, within the corporate limits, any mobile home park unless such person or persons shall first obtain a permit therefor.
(2)Individual mobile homes. It shall be unlawful for any person to maintain an individual mobile home as a dwelling unless a permit has been obtained therefor. It shall be the responsibility of the owner of the mobile home to secure the permit.
(3)Travel trailer park. It shall be unlawful for any person or persons to maintain or operate, within the corporate limits, any travel trailer park unless such person or persons shall first obtain a permit therefor. (1989 Code, ? 11-205)

14-406. Fees for permits. An annual permit fee shall be required for mobile home parks, individual mobile homes, and travel trailer parks.
(1)Mobile home parks. The annual permit fee for mobile parks shall be fifty (50) dollars.
(2)Individual mobile homes. The annual permit fee for each individual mobile home shall be twenty-five (25) dollars. Before said permit can be issued by the town, the state mobile home license number shall be required. The fee for transfer of the permit because of change of ownership or occupancy shall be five (5) dollars.
(3)Travel trailer parks. The annual permit fee for each travel trailer park shall be ten (10) dollars per travel trailer space. (1989 Code, ? 11-206)

14-407. Application for permit. (1) Mobile home parks. Applications for a mobile home park shall be filed with and issued by the building inspector subject to the planning commission's approval of the mobile home park plan. Applications shall be in writing and signed by the applicant and shall be accompanied with an approved plan and location of the proposed mobile home park. The plan shall contain the following information and conform to the following requirements:
(a)The plan shall be clearly and legibly drawn at a scale not smaller than one hundred (100) feet to one inch;
(b)Name and address of owner of record;
(c)Proposed name of park;
(d)North point and graphic scale and date;
(e)Vicinity map showing location and acreage of mobile home park;
(f)Exact boundary lines of the tract by bearing and distance;
(g)Names of owners of record of adjoining land;
(h)Existing streets, utilities, easements, and water courses on and adjacent to the tract;
(i)Proposed design including streets, proposed street names, buffer strip plan, lot lines with approximate dimensions, easements, land to be reserved or dedicated for public uses, other structures, and any land to be used for purposes other than mobile home spaces;
(j)Provisions of water supply, sewerage, and drainage;
(k)Such information as may be required by the town to enable it to determine if the proposed park will comply with legal requirements; and
(l)The applications and all accompanying plans and specifications shall be filed in triplicate. Certificates that shall be required are:
(i)Owner's certification;
(ii)Planning commission's approval signed by the secretary; and
(iii)Any other certificate deemed necessary by the planning commission.
(2)Individual mobile homes. Application for individual mobile home permits shall be filed with and issued by the building inspector. Applications shall be in triplicate form and signed by the applicant. The application shall contain the following:
(a)The name of the applicant and all people who are to reside in the mobile home;
(b)The location and description of the mobile home: make, model, and year;
(c)The state mobile home license number; and
(d)Any additional information as may be required by the town to enable it to determine if the mobile home and site will comply with all legal requirements.
(3)Travel trailer parks. Applications for travel trailer parks shall meet the same requirements as contained in ? 14-407(1). (1989 Code, ? 11-207)
14-408. Enforcement. It shall be the duty of the county health officer and building inspector to enforce provisions of this chapter. (1989 Code, ? 11-208)

14-409. Appeals. (1) Board of appeals. The Oliver Springs planning commission shall serve as the board of appeals and shall be guided by procedures and powers compatible with state law.
Any party aggrieved because of an alleged error in any order, requirement, decision, or determination made by the building inspector in the enforcement of this chapter may appeal for and receive a hearing by the planning commission (advised by the town attorney) for an interpretation of pertinent chapter provisions. In exercising this power of interpretation of the chapter, the planning commission with advice from the town attorney, may, in conformity with the provisions of this chapter, reverse or affirm any order, requirement, decision, or determination made by the building inspector. (2)Appeals from board of appeals. Any person or persons or any board, taxpayer, department, or bureau of the town aggrieved by any decision of the planning commission and the town attorney may seek review by a court of record of such decision in the manner provided by the laws of the State of Tennessee. (1989 Code, ? 11-209)

14-410. Violation and penalty. Any person or corporation who violates the provisions of this chapter or the rules and regulations adopted pursuant thereto, or fails to perform the reasonable requirements specified by the building inspector or county health officer after receipt of thirty (30) days written notice of such requirements shall be fined in accordance with the general penalty clause for this code of ordinances. (1989 Code, ? 11-210)