A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 6-29-735 SO AS TO PROHIBIT LOCAL GOVERNMENTS FROM PREVENTING THE CONTINUANCE OF LAWFUL NONCONFORMING USE OF PROPERTY WHEN A PREEXISTING MANUFACTURED HOME OR MOBILE HOME IS REPLACED WITH A NEW MANUFACTURED HOME OR MOBILE HOME, TO PROVIDE EXCEPTIONS, AND TO PROVIDE DEFINITIONS; AND BY AMENDING SECTION 23-43-85, RELATING TO STANDARDS FOR PLACEMENT OF MODULAR HOMES; DISPLAY MODELS, SO AS TO PROVIDE THAT THE SECTION APPLIES TO ON-FRAME MODULAR HOMES AND TO REMOVE A FIVE-YEAR RESTRICTION ON DISPLAY MODELS BEING USED FOR RESIDENTIAL USE.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Article 5, Chapter 29, Title 6 of the S.C. Code is amended by adding:

 

    Section 6-29-735. (A) As used in this section, the term:

       (1) "Manufactured home" or "mobile home" means a structure, not including a modular home, designed for temporary or permanent habitation and constructed to permit its transport on wheels, temporarily or permanently attached to its frame, from its place of construction or sale to a location where it is intended to be a housing unit or a storage unit.

       (2) "New home" means a manufactured home purchased from either the original manufacturer or a dealer in the ordinary course of the dealer's business and has never been titled or previously occupied.

       (3) "Single-family dwelling" means a manufactured home or mobile home used as a single-family residence.

    (B) Notwithstanding the provisions of Section 6-29-730 or another provision of law, when there is a replacement of a preexisting manufactured home or mobile home with a new home within a manufactured home community or mobile home park, or on any other residential land, a local government may not adopt or enforce any zoning decision or zoning ordinance, or any other regulation or restriction, or impose any conditions on the new home, the property upon which the home sits, or the owner's property that were not required of the preexisting home, home site, or property, that would prevent the continuance of the property owner's lawful nonconforming use that had existed relating to the preexisting home, the property upon which the home sat, or the owner's property.

    (C) The provisions of subsection (B) do not apply if:

       (1) a discontinuance is necessary for the safety of life or property;

       (2) the nonconforming use has been discontinued for the period of time established by ordinance which may not be less than twelve months, unless the discontinuance is caused by circumstances outside the control of the property owner;

       (3) the replacement home would result in a change from the lawful nonconforming use as a single-family dwelling to another type of dwelling; or

       (4) the replacement home results in an obstruction to a shared driveway or shared sidewalk providing vehicular or pedestrian access to other homes and uses, unless the property owner makes modifications to the shared driveway or shared sidewalk that extinguishes the obstruction or the effects of the obstruction.

 

SECTION 2.  Section 23-43-85 of the S.C. Code is amended to read:

 

    Section 23-43-85.  (A) A single-family on-frame modular home manufactured after January 1, 2005, must meet the following standards to be certified for placement in this State:

       (1) Roof pitch. For homes with a single predominant roofline, the pitch of the roof must be at least five feet rise for every twelve feet of run;

       (2) Eave projections. The eave projections of the roof must be at least ten inches, not including a gutter around the perimeter of the home unless the roof pitch is at least seven feet rise for every twelve feet of run;

       (3) Exterior wall. The height of the exterior wall must be at least seven feet six inches for the first story;

       (4) Siding and roofing materials. The materials and texture of the exterior materials must be compatible in composition, appearance, and durability to the exterior materials commonly used in standard residential construction.

    (B) A single-family modular home placed in the State after January 1, 2005, must meet the foundation requirements provided by the State in this subsection:

       (1) A perimeter wall located under the exterior walls of the home, whether load-bearing or nonload-bearing, must be constructed of brick, masonry, or other permanent material commonly used in standard residential construction, consistent with surrounding residential structures, and in accordance with the International Residential Code as adopted by the South Carolina Department of Labor, Licensing and Regulation. All modular manufacturers shall submit with the plan set for each building to the department's Modular Buildings Program a minimum foundation design.

       (2) A home located in a coastal or flood plain area may require piling or other special foundation designs. These foundations must be designed by a registered professional engineer or architect and are subject to review and approval by the local jurisdiction and not by the Modular Buildings Program. A perimeter wall constructed of brick, masonry, or other materials to enclose the foundation of the home may be a requirement of the design.

    (C) An appeal for a variance from a certification standard or a foundation requirement described in this section may be taken in the same manner as provided in Section 23-43-120.

    (D) A single-family modular home used as a display model may be placed for its first residential use in this State if:

       (1) it bears a valid modular home label issued pursuant to this chapter;

       (2) it meets the appropriate wind and seismic requirements in effect when the label was issued;

       (3) it has not been altered from its original design; and

       (4) it was manufactured within five years before the placement for first residential use;  and

       (5)(4) the seller provides the purchaser with written notice that the home meets the appropriate code requirements in effect at the time of manufacture, and may or may not meet the code requirements in effect at the time of placement for residential use.

 

SECTION 3.  This act takes effect upon approval by the Governor.

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