PETITION  TO THE TOWN OF OCHLOCKNEE, GA

TO REFRAIN FROM THE UNNECESSARY REGULATION OF TINY HOMES IN THE TOWN OF OCHLOCKNEE

We, the undersigned residents, business owners, and other interested parties, pursuant to our rights under the First Amendment to the Constitution of the United States of America and Article 1, Section 1, Paragraph IX of The Constitution of the State of Georgia, do hereby petition the Ochlocknee Town Council and Mayor on the following matter:

1. Whereas the Ochlocknee Town Council recently adopted the attached legislation that would substantially restrict the construction and placement of “tiny homes” inside the town limits; and
   
   
2. Whereas the meeting of the Town Council on March 4, 2024, during which such legislation was introduced and voted upon by town council, was not advertised in the manner prescribed by Georgia law; and
   
   
3. Whereas the Town Council intends to hold a public hearing at 5:30 PM on Wednesday, April 24, 2024 to again consider such legislation now that the Town has been notified that it failed to comply with state law when it neglected to hold a public meeting prior to amending the town’s zoning ordinances; and
   
   
4. Whereas tiny homes have not proliferated in the Town of Ochlocknee and are not a problem that needs to be solved; and
   
   
5. Whereas certain provisions of the proposed legislation are arbitrary capricious (e.g., requirement for both a front and back porch); and
   
   
6. Whereas unreasonably restricting the size of a home in which a person may live may limit their access to affordable housing; and
   
   
7. Whereas such restrictions as to minimum home size are presently the subject of litigation in the State of Georgia (e.g., Tiny House Hand Up, Inc. v. City of Calhoun, Georgia, et al.); and
   
   
8. Whereas it is manifestly against the public interest to pass unnecessary legislation that could imperil and jeopardize the financial health of the Town of Ochlocknee and impose an unknown and potentially substantial burden from the cost of litigation to defend such ill-conceived and unnecessary legislation; and
   
   
9. Whereas certain provisions of this legislation are arbitrary and capricious and have no apparent relationship to an articulable and legitimate public purpose; and
   
   
10. Whereas passing unnecessary ordinances is generally against the public interest; and
    
    
11. Whereas there exists a longstanding business situated in the Town of Ochlocknee that manufacturers park model homes, modular homes, and tiny homes (which are the subject of regulation by such ordinances both locally and in other jurisdictions throughout the United States); and
    
    
12. Whereas the restriction of tiny homes in the Town of Ochlocknee and in other jurisdictions serves to limit the business growth and opportunities of this local business; and
    
    
13. Whereas the affected local business provides employment opportunities and other direct and indirect economic benefits to the local community; and
    
    
14. Whereas the Town of Ochlocknee is situated in a Historically Underutilized Business Zone (HUBZone) as defined by the U.S. Small Business Administration; and
    
    
15. Whereas promoting and supporting small businesses, particularly in HUBZones, is a worthwhile and valuable objective; and
    
    
16. Whereas regulations, ordinances, and statutes currently exist to ensure that any housing erected or installed in the Town of Ochlocknee is safe for habitation, making further regulation by government on this matter unnecessary at the present time.

Be it resolved that the undersigned residents, business owners, and other interested parties do hereby oppose the adoption of any restrictions such as those reflected in the attached Ordinances 2024-01 and 2024-02.

Full text of the tiny home ordinances which the Town of Ochlocknee adopted without providing prior published notice in accordance with Georgia state law are located a the link below for your review.

Town of Ochlocknee Tiny Home Ordinances