Public hearing set for May 20
For the second time in two weeks, the Board of Supervisors were forced to move the beginning of its meeting to the main upstairs courtroom at the Tate County Courthouse on Monday, May 2, as over 100 local citizens showed up to get the latest developments on revisions to the county’s Comprehensive Plan, which became effective at the end of April.
Even though Supervisors did not discuss the proposed zoning ordinance amendments to the Comprehensive Plan that will be considered for adoption following a public hearing at the courthouse Friday, May 20, at 9 a.m., several people expressed their concerns regarding restrictions placed on manufactured housing and mobile homes particularly in areas zoned Agricultural Residential or AR-1.
An incorporated group calling itself “Our Land, Our Right” has been vocal at local county government meetings and on social media mainly to oppose recent changes and restrictions placed on manufactured housing and mobile homes in the Comprehensive Plan that was originally drawn up in 2009.
One individual stepped to the podium Monday, May 2 and requested to make a motion, which is ultimately and exclusively the responsibility of each Supervisor.
“Mr. President before I begin, I would like to make a motion if that’s alright with you,” said Lauren Smith of Saltillo, located in Lee County just outside of Tupelo.
“You don’t have the authority to make a motion. You can make a statement to the Board and ask them to consider it, but you can’t make a motion,” County Attorney John Lamar responded.
After several more verbal exchanges, Smith finally asked the Board of Supervisors, “Why were town hall meetings not held in each respective Supervisor’s district in regard to this zoning?”
None of the Supervisors offered a response to Smith’s question. They spent the previous weeks adjusting amendments to the zoning ordinance, while fielding questions and suggestions from the public.
Gray Outz, a consultant who helped draft the new Comprehensive Plan said Tate County is looking toward a 20-to-25-year growth plan which includes land use and development.
According to Outz, the main source of revenue for the county is generated from property values and subsequent taxes. The county revenue will help to prepare infrastructure such as roads and bridges and services such as the county school system to accommodate expected growth due to migration from surrounding counties. In other words, manufactured homes are not taxed the same as site-built homes and depreciate more drastically from year to year.
Proposed amendments to the county’s zoning ordinance that will be considered for adoption by Tate County Supervisors following a public hearing May 20 include:
SECTION 202. DEFINITIONS:
• Conditional Use: delete the reference to Chart 1.
• Home Occupation: delete “There shall be no accessory building used.”
SECTION 303. FUTURE STREETS AND PLANNED RIGHT OF WAYS
Shall be deleted in its entirety.
SECTION 305. NON-CONFORMING USES
Add clarifying language that a transfer of ownership includes sale, gift, or inheritance and the transfer of ownership does not create a non-conforming use.
SECTION 305.2 NON-CONFORMING STRUCTURES
Add “all existing structures, including manufactured homes, are grandfathered in.”
SECTION 306. NUISANCES AND PROPERTY MAINTENANCE
Delete all items listed after the paragraph in this section.
SECTION 406. AGRICULTURAL DISTRICT
Move nursery school from conditional use to permitted use.
SECTION 407. “AR-1” AGRICULTURAL RESIDENTIAL DISTRICT
Add the following to permitted uses:
• “manufactured and modular homes either new or less than 5 years old, which replaces an existing modular or manufactured home that has not been abandoned and has not been removed from the parcel”
• Home Occupation
• Nursery School
Modify Conditional Uses as follows:
• Add new modular and/or manufactured homes, either new or less than five years old, for the purposes of a medical hardship.
• Add new modular and/or manufactured homes in certain platted subdivisions as noted in Section 505.16
• Delete Home Occupation
• Delete Nursery School
SECTION 408. “R-1” RURAL RESIDENTIAL DISTRICT
Move Nursery School and Home Occupation from Conditional Use to Permitted Use.
Move the following from Conditional Use to Permitted Use:
• Agricultural Production
• Forestry Uses
• Livestock, Horse, and Dairy
• Nursery School
• Home Occupation
Add to Conditional Use:
• “Modular and/or manufactured homes, either new or than 5 years old, for purposes of a medical hardship as noted in Section 505.16”
• 408.5 Bulk Regulations for Agricultural Uses shall be increased from 5 acres to 10 acres.
SECTION 409. “R-2” LOW-MEDIUM DENSITY RESIDENTIAL DISTRICT
Move Nursery School from Conditional Use to Permitted Use.
Add to Permitted Uses:
• Home Occupation
• Agricultural Production
• Forestry Uses
• Livestock, Horse and Dairy
Add a new Section: 409.6 Bulk Regulations for Agricultural
• Uses which shall match Section 408.5 including a minimum lot of 10 acres.
SECTION 410. “C-C” COMMUNITY COMMERCIAL MIX
Add the following to permitted uses:
• Modular and/or manufactured Homes, either new or less than 5 years old, which replaces an existing modular or manufactured home that has not been abandoned and has not been removed from the parcel.
SECTION 501. HOME OCCUPATIONS
• Delete “No person other than family members of the family residing on the premises shall be engaged in such occupation.”
• Add: “Any home occupation in existence at the effective date of this Ordinance shall be considered ‘grandfathered in’ and allowed to continue.”
• 501.2 Maximum Area: delete, “and not more than ten (10) percent of the floor area of the dwelling unit or a maximum of 400 square feet shall be used in the conduct of the home occupation.”
• 501.4 Accessory Buildings: delete this section.
• 501.5 Customers Prohibited: delete this section.
• 501.6 Traffic Volumes: delete parking regulations.
• 501.7 Equipment and Processes: delete sentence regarding electrical interference.
SECTION 505. MANUFACTURED HOMES
• 505.8. Delete this section regarding landscaping.
• 505.9. Delete this section regarding roof.
• 505.10. Delete this section regarding eaves and/or gutters.
• 505.16. Revise this section to the following:
• New manufactured homes and modular homes are allowed outright in A-1 zone
• Replacement manufactured homes and modular homes are allowed outright in AR-1 and C-C zones.
• Non-replacement, new manufactured homes and modular homes shall be allowed to locate in any platted subdivision that currently allows manufactured and modular homes, was in existence prior to the effective date of this Ordinance (April 22, 2022) and located in an AR-1 zone. The County Planner has the authority to issue such permits to fill any vacant lots with manufactured or modular homes that meet the requirements of this Ordinance until all lots are occupied. However, the plat may not be expanded.
• Non-replacement, new manufactured homes and modular homes may be approved as a conditional use in AR-1 zones when the applicant proves a medical hardship.
• The County Planner has the authority to approve the replacement of manufactured homes and modular homes in R-1 zones when the applicant’s existing Manufactured home or modular home is damaged by natural disaster or accidental fire.
