[11]. L.S. 2019-111. While a restriction based on the age of the unit itself is impermissible, a local government may require that the unit be built to a specific federal standard, such as the initial adoption of federal building standards or a significant change to those standards. See note 135 above. Local governments also often enact housing laws regulating the habitability and condition of prefabricated houses used as housing. These codes are valid regardless of the age of the device. In addition, sections 130A-309.111 to .117 establish a program of government grants and support to assist local governments in dealing with abandoned prefabricated homes. How your home is classified plays an important role in the type of insurance you need to protect your home and belongings. Before getting a mobile home insurance quote, you need to determine if you have a mobile home (which, as explained below, can also be called a manufactured home) or a modular home. For the modular home, you need to get a quote for a standard home insurance policy. Typical zoning requirements adopted in North Carolina include restricting prefabricated homes to certain zoning districts[15] or prefabricated home parks[16] (which often can only be located in special stacked zoning districts).

[17] Other ordinances only allow units of at least a certain size to be accommodated in certain districts. [18] It is also common for regulations to contain specific provisions for the replacement and repair of non-compliant manufactured housing. [19] Cities and counties cannot use factors other than appearance, size and location when regulating the land use of manufactured homes. White v. Union County Court[9] considered an order limiting the use of mobile homes as dormitories to those built after 1976 (when federal building standards became applicable) or valued at more than $5,000. The court expressed doubts about the county`s legal authority for the monetary value requirement. In Five C`s, Inc. v. In Pasquotank County, the court struck down an age standard that served as the basis for regulating prefabricated homes. The county had issued an ordinance under its general police authority to prohibit the introduction into the county of prefabricated homes that were more than ten years old at the time of creation. The rationale advanced by the county was to protect the county`s tax base, noting that manufactured homes lose value quickly and after ten years are little more valuable than a motor vehicle, which does not have enough tax revenue to meet the county`s service needs.

The court ruled that G.S. 160D-910 limits the regulation of prefabricated enclosures to appearance and dimensional criteria, thereby prohibiting regulation solely on the basis of the age or value of the unit. [10] G.S. 160D-910 was amended in 2019 to codify this restriction to exclude manufactured homes based on the age of the home. [11] [15]. Koontz v. Davidson Cty. Vol. of Adjustment, 130 N.C.

App. 479, 503 S.E.2d 108, review dismissed, 349 N.C. 529, 526 S.E.2d 177 (1998) (maintaining the rezoning that removes manufactured houses as a permitted use in a particular zoning district); City of Asheboro v. Auman, 26 N.C. App. 87, 214 S.E.2d 621, cert. denied, 288 N.C. 239, 217 S.E.2d 663 (1975) (maintaining the injunction prohibiting the subsequent use of a mobile home that had been moved to a zoning district that did not permit mobile homes, even though the wheels and tongue had been removed and the unit had been placed on a permanent foundation); City of Mount Olive v.

Price, 20 N.C. App. 302, 201 S.E.2d 362 (1973) (upholding injunction to remove mobile home that violates zoning order). [18]. Currituck Cty. v. Willey, 46 N.C. App.

835, 266 S.E.2d 52, examination rejected, 301 N.C. 234, 283 S.E.2d 131 (1980). In that case, the court upheld a provision prohibiting mobile homes under 24` × 60` in a single-family home neighbourhood. The court held that motorhomes differed from other forms of housing to such an extent that there was a rational basis for different requirements such as this standard of measurement. [2]. One author noted that attitudes toward mobile homes had improved somewhat over the previous decade, noting in 1971 that according to a national survey of planning officials, 82% of planners rated mobile homes positively as housing, compared with 64% for planning committees and 54% for elected committees. and only 20% for the general public. The same national survey found that 28% of jurisdictions surveyed banned motorhome fleets, while 13% limited them to industrial areas. Friedrich H. Bair, mobile homes are here to stay, Popular Gov`t, April 1971, pp. 20, 22.

[5]. National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. §§ 5401–5426. 42 U.S.C. § 5403(D). Federal building standards, commonly known as the HUD code, are found in 42 C.F.R. § 3280.1. See generally Schanzenbach v.

Stadt Opal, 706 F.3d 1269 (10th Cir. 2013) (age limit of ten years for prefabricated houses not provided for in the local ordinance); Schanzenbach v. Stadt La Barge, 706 F.3d 1277 (10th Cir. 2013) (age limit of ten years not foreseen); Ass`n v. Spalding Cty., 148 F.3d 1304, 1306 (11th Cir. 1998) (unforeseen roof slope requirement); Tex. Done Hous. Ass`n v. City of Nederland, 101 F.3d 1095 (5th Cir. 1996), cert. denied, 521 U.S. 1112 (1997) (urban siting restriction for fabricated homes not foreseen); Scurlock v.

City of Lynn Haven, 858 F.2d 1521 (11th Cir. 1988) (local building and electrical regulations were provided); Colo. Done Hous. Ass`n v. Bd. von Cty. Comm`rs, 946 F. Supp.

1539 (D. Colo. 1996), later as Colo. City of Salida, 977 F. Supp. 1080 (D. Colo. 1997) (by-law requiring prefabricated houses to comply with building regulations). [10]. 195 N.C.

App. 410, 672 p.E.2d 737 (2009). The court found that the fact that the county used its general order-making power instead of the zoning power cannot be used to circumvent the clear legal limitation of regulation-making power with respect to manufactured homes. Many local governments in North Carolina have long included special restrictions on prefabricated homes in their development regulations. [3] By 1960, a well-known approach to land use regulation for manufactured homes had emerged: standards for prefabricated housing parks, floating zoning districts for residential parks, special use permits for prefabricated housing and standards for buffer zones and other aspects of prefabricated housing park design. [4] [17]. The creation of a zoning district to allow for the settlement of residential parks can be challenged as illegal zoning. See Alderman v. Chatham Cty., 89 N.C. App. 610, 366 S.E.2d 885, revision denied, 323 N.C.

171, 373 S.E.2d 103 (1988); Stutts v. Swaim, 30 N.C. App. 611, 228 S.E.2d 750, examination rejected, 291 N.C. 178, 229 S.E.2d 692 (1976). G.S. 160D-910, which was incorporated into regulations in 1987,[13] directs local governments to consider allocating more land to manufactured homes to create additional affordable housing in the state. Under the law, local governments can regulate the location, appearance, and dimensions of prefabricated homes, but are not allowed to completely exclude such homes from their zoning jurisdictions. [14] Most zoning ordinances do not apply the prefabricated housing requirements to factory-built housing that meets State Building Code standards. [23] The latter units are referred to as “modular” rather than “finished” homes.

Modular units[24] are often, but not always, treated as equivalent to houses built on site for zoning purposes. However, state law establishes minimum standards for modular units. [25] G.S. 143-139.1 requires modular units to meet the following standards: Look for a label. Mobile and prefabricated homes usually require a label with renewal every year, as they can be moved or moved. [19]. See, for example, Forsyth Cty. v.

York, 19 N.C. App. 361, 198 p.E.2d 770, cert. denied, 284 N.C. 253, 200 p.e.2d 653 (1973) (maintaining the requirement that changes to non-conforming use and use of mobile homes in certain districts be approved by special use permits).

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