BY TRACY LEE TATE
Special to the Times
The Union County Board of Commissioners is still discussing what is needed to bring professional code enforcement to the county and deal with allowing RV parks in the county.
While the discussion is still in the early stages, pending the completion of the codification of current land use codes and the addition of new codes the board decides are necessary, County Attorney Russ Wade reviewed the codes he could find and explained them to the board.
Wade said that under the existing rules, most of the recreational vehicles in the county are against the rules. RVs are regulated mainly under RV and travel trailer parks (legally there is a distinction between them). The state regulated campgrounds, as well as the health department for the septic systems. The county regulations on land use dictate where these can be located. He said that there is a distinction made between campgrounds and travel trailer parks legally, but the current code does not make that distinction. Wade said that many of the issues involved required the use of a code enforcement officer as, legally, citation for any violation must be provided by an official who has personally witnessed that violation.
Code enforcement not wanted
Commissioner Mack Johns stated that in his experience the majority of county residents did not want code enforcement begun in the county. Commissioners Donna Jackson and Melissa McNeal both commented that they did not want invasive code enforcement and Jackson elaborated on her comment.
“I have no issue with people living in a travel trailer because they cannot afford anything else,” Jackson said. “I just want a way to make sure that they have safe electric hook-ups and correct, sanitary sewer hook-ups and are paying county taxes just like other residents. They also need to be paying taxes to compensate for the county services they use.”
Jackson said she would first like to address situations where the land owner was making money through rental fees to see that they are taxed appropriately. She said she wants to see codes addressing this issue and see them enforced.
Wade said the county could hire a code enforcement officer or inspector and then use either a magistrate or a seven-member code enforcement board, which are considered interchangeable legally. He said the officer or inspector could serve as the required witness for the violation. He said that the county would have to approve all RV park applications as special exceptions, making the process quasi-judicial where turndowns can be challenged in court, which will hear legally valid reasons for the refusal.
RVs cannot be used as permanent residences
“When writing new codes, we may need to make some things more liberal and other more strict,” Wade said.
As to RVs used as residences, Wade said they are not allowed with the exception of use on a building site while a home is being built. A temporary permit can be used for this for a period of six months, with an option to be renewed if required. He noted that temporary hardship permits for mobile homes are also available to allow the placement of a mobile home on a single-residence zone lot for use by a family member. He stated that there is no provision of “mother-in-law suites” in the county.
Tiny houses
On the topic of the allowance of “tiny homes” in the county, Wade said there was not minimum square footage required but that the structures had to meet certain requirements. He said the structure must meet state standards for wind load construction, be wired to residential code, meet foundation guidelines and had sanitary septic system hook-ups. Tiny homes are also required to be fitted with tie-downs such as are used on mobile homes.
Currently, the county is at a standstill as it waits for the codes to be organized and needed codes added. In the meantime, a deputy can be sent out to witness any reported violations, most commonly those affecting health and welfare of the residents and surrounding neighbors. Jackson added that she would like to amend the county’s comprehensive plan to create a category for RV parks with specific details about what the county will allow and what requirements must be met by the park owners.
