(A)
Unless otherwise specifically provided, or unless otherwise clearly required by the context, the words and phrases defined below shall have the meaning set forth when used in this section. If a word or phrase used in this section is not defined by this section or elsewhere in this chapter, to the extent such word or phrase is defined in G.S. Ch. 160D, that definition shall control.
(B) Manufactured home. A structure as defined in G.S. § 143-145(7).
(1) Manufactured home, Class A.
(a) A manufactured home that:
1. Is not constructed in accordance with the requirements of the State Uniform Residential Building Code as amended;
2. Is composed of two or more components, each of which was substantially assembled in a manufacturing plant and designed to be transported to the home site;
3. Meets or exceeds the construction standards of the U.S. Department of Housing and Urban Development; and
4. Conforms to the following appearance criteria:
a. The manufactured home has a minimum width, as assembled on the site, of 20 feet;
b. The pitch of the manufactured home's roof has a minimum nominal vertical rise of three inches for each 12 inches of horizontal run and the roof is finished with asphalt or fiberglass shingles;
c. A continuous, permanent masonry curtain wall, unpierced except for required ventilation and access, is installed under the manufactured home;
d. The primary entrance has a landing which is no smaller than three feet by three feet in size; and
e. The tongue, axles, transporting lights and towing apparatus are removed after placement on the lot and before occupancy.
(b) Class A manufactured homes are allowed as a permitted use in manufactured home parks and the A-5, R-6 and RM-6 Zoning Districts. Please refer to the Table of Uses for a complete listing of permitted locations.
(2) Manufactured home, Class B. A manufactured home constructed after 7-1-1996 that meets or exceeds the construction standards by the U.S. Department of Housing and Urban Development and which is at least 14 feet wide but less than 20 feet wide. A Class B may not satisfy all the criteria necessary to qualify as a Class A manufactured home, but a Class B manufactured home must have a continuous, permanent masonry curtain wall, unpierced except for required ventilation and access. Class B manufactured homes are only permitted in manufactured home parks and the A-5 and RM-6 Zoning Districts.
(3) Manufactured home, Class C. Any manufactured home that is less than 14 feet wide or does not meet the definition of a modular home or a travel trailer. Class C manufactured homes are not allowed in any zoning district for any use.
(4) Manufactured home park. A residential use in which three or more Class A or B manufactured homes are located on a single lot or tract. See § 153.114 for specific provisions related to manufactured home parks. Manufactured home parks are only permitted, by special use permit, in the A-5 Zoning Districts.
(5) Modular home. A dwelling unit constructed in accordance with the standards set forth in the State Building Code and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. Modular homes are allowed in all zoning districts, except I-2.
(6) Travel trailer. A small house trailer on wheels, usually drawn by a passenger automobile or small truck, which is equipped for temporary use as a dwelling while traveling and meant for short-term occupancy and which may also be moved on short notice.
(B) Unless hereinabove authorized, or hereinbelow authorized, it shall be unlawful for any person to place or maintain any Class A or Class B manufactured home used for living, sleeping, business or utility purposes on any premises in the town's zoning jurisdiction, other than in a manufactured home park duly permitted by this chapter and maintained pursuant to the provisions of this section, except:
(1) That one travel trailer not to exceed 30 feet in length may be parked or stored in the rear yard of any lot; provided that, no living quarters shall be maintained, nor any business conducted therein while such trailer is so parked or stored;
(2) That manufactured homes may be parked in manufactured home sales lots for the purpose of inspection or sale within a district in which such use is permitted; provided that, no living quarters or offices shall be maintained in any of the manufactured homes so parked;
(3) That manufactured homes used in connection with and by owners and/or employees of circuses, fairs, carnivals, duly authorized by the town and complying with the requirements of this chapter may be permitted by a special 14-day permit issued by the Zoning Administrator. Such manufactured homes, if they are located on the same lot as the circus, or carnival, or fair, may be used temporarily for living quarters of the owners and/or employees of the circuses, fairs or carnivals. If such manufactured homes are not located on the same lot, then they must be located in a manufactured home park;
(4) Notwithstanding any other provision of this chapter, a Class A or Class B manufactured home, as defined in this chapter, and in G.S. § 160D-910, the standards established therein, and otherwise, by state law and regulations, may be placed and maintained upon a lot in accordance with the Table of Permissible Uses, found in § 153.080, for use as a single-family dwelling, under the same terms and conditions as if it were a house being constructed thereon, subject to the following conditions:
(a) The installation and set-up shall comply with State Building Code;
(b) The primary entrance, defined as an entrance leading to a living room, foyer, vestibule, kitchen or other common area, shall face on a public improved street;
(c) No manufactured home shall be used solely for storage purposes;
(d) No owner or manufactured home dealer may deliver, or cause anyone, including his, her or its set-up contractor to deliver, a manufactured home to a site within the planning jurisdiction of the town until the manufactured home dealer, or the set-up contractor, shall have in hand all zoning/building permits required by the land use ordinance to enable the manufactured home to be legally located on the proposed site. No manufactured home shall be located in the town's planning jurisdiction as herein provided until a building permit shall have been issued by the Planning and Inspections Department of the town. The building permit shall authorize:
1. The location of said manufactured home on the proposed site;
2. The installation of the required masonry piers;
3. The installation of appropriate skirting; and
4. The construction of the specific stairs, porches, entrance platforms, ramps or other means of entrance and exit required by this chapter.
(e) No such building permit shall be issued for the location of a manufactured home, as hereinabove permitted, until the Planning and Inspections Department shall have received a written commitment from the owner of the premises and from the applicant for the building permit (if different), in a manner and form satisfactory to the Town Attorney, that he, she or they will cause said manufactured home to be set up as required herein within 30 days on the subject premises on penalty of being required to remove the said manufactured home from the premises within 48 hours if the required setup shall not be accomplished. Further, no building permit shall be issued for the location of a manufactured home, as hereinabove permitted, until the Planning and Inspections Department shall have received a written commitment from the owner of the premises or the applicant (if different), in manner and form satisfactory to the Town Attorney, that he, she or they will remove the piers and curtain walls from the premises within 30 days of removal of the manufactured home from said lot, should said manufactured home not be replaced by another within said period.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)