Lincolnton City Zoning Code

The purpose of this article is to provide standards and regulations to protect the health, safety and general welfare of the residents of the city. The city recognizes that manufactured housing meets the needs of city residents for affordable housing and iscompatible with site-built housing if developed in accordance with comparable standards. These regulations shall govern the use and operation of all manufactured homes on single lots within the incorporated limits of the city. It is the intent of this article to empower the building official and the city tax commissioner to review and issue, if all requirements are met by the applicant, the appropriate permits and decals for manufactured homes within the incorporated limits of the city.

(Ord. of 12-2003, § 14-1(a))

1. The requirements of this article do not apply to recreational vehicles because they are not acceptable for permanent occupancy and may be used for a maximum of 90 consecutive days as a temporary residence. All recreational vehicles must display a current state license plate sticker before movement. Building permits will not be issued for recreational vehicles.
2. Permanent connection of recreational vehicles to water, sewer or electrical service is prohibited. Installation of recreational vehicles on piers and jacks permanently is also prohibited.

(Ord. of 12-2003, §§ 14-6, 14-7(c))

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Manufactured home means any structure, transportable in one or more sections, which:

1. In the traveling mode, is eight body feet or more in width or 40 body feet or more in length; or
2. When erected on site, is 320 or more square feet; and
3. Is built on a permanent chassis and is designed to be used a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein;

   except that such term shall include any structure which meets all the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of Housing and Urban Development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. 5401 et seq.

New manufactured home means any manufactured home that has not been previously used as a residence, has not been titled, and complies with the current standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 USC 5401 et seq. Compliance shall be evidenced by presence of a HUD certification label and manufacturer's data plate in accordance with 24 CFR 3280, Manufactured Homes Construction and Safety Standards.

Pre-owned/used manufactured home means any manufactured home that has been previously used as a residential dwelling and has been titled and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 USC 5401 et seq. Compliance shall be evidenced by inspection by the building official or his designated representative.

(Ord. of 12-2003, § 14-1; Ord. of 4-2-2024, § 3)

Every person, firm, corporation, or other entity holding title to or possessing a manufactured home that is placed or located within the city limits, shall report the location of the home to, and obtain a location decal for said manufactured home from the county tax commissioner annually, no later than April 1 of each year. Such location decal shall be designated in such manner and affixed to the manufactured home in such manner as to cause it to be easily visible for inspection.

(Ord. of 12-2003, § 14-3)

1. All applications for manufactured permits under this article shall be submitted to the building official. The building official shall make an investigation of all applicants and shall make a determination regarding the applicant or owner's compliance with the provisions of this article.
2. The building official shall render a decision regarding approval or disapproval of the manufactured home permit within 14 days of the building official's receipt of the application and any other documents required under this article.

(Ord. of 12-2003, § 14-6(c))

Any applicant or owner who alleges there is an error in, or who is aggrieved by a decision of the building official in the administration, enforcement, or interpretation of this article, may file a written appeal with the zoning board which states the grounds for such appeal. The zoning board is hereby authorized to hear and decide said appeal. The zoning board reserves the right to establish the process for such an appeal, including creation of forms and other documents.

(Ord. of 12-2003, § 14-6(c))

1. Notwithstanding any other provision of this Code, any owner or person who moves, assists in moving, or transports into the city or moves a manufactured home from one location in the city to another location in the city without a city manufactured home permit shall be guilty of a misdemeanor and shall be punished by a fine of not less than $200.00 nor more than $1,000.00 or by imprisonment for not more than 12 months, or both.
2. Any applicant or owner who shall willfully violate any other provision of this article shall be guilty of a misdemeanor punishable by a fine of not less than $100.00 per day or more than $1,000.00 per day for each day that such violation has continued or shall continue.

(Ord. of 12-2003, § 14-4(f))

Any owner of a manufactured home, whether locating or relocating said manufactured home within the city, shall file an application, together with a fee in the amount established by the city council, for a building permit at city hall. All city water and sewer tap fees must be paid prior to obtaining a building permit. The building official shall inspect the site and shall issue a building permit if the site is appropriate for placement of a manufactured home and the requisite water and sewer fees have been paid.

(Ord. of 12-2003, § 14-4(a))

1. Compliance required. No new manufactured home shall be moved into or within the city until the following conditions have been met:
   1. Location decal. A valid location decal must be obtained from the tax commissioner's office, a copy of which must be forwarded to the building official.
   2. Site plan. A site plan for the proposed location of the new manufactured home must be completed, a copy of which must be forwarded to the building official.
   3. Application. An application for a new manufactured home permit shall be made on forms developed for that purpose and shall be submitted to the building official for review and approval in accordance with this article.
2. Inspection; issuance of permit. Upon completion of the preceding conditions, the building official shall review and determine whether the proposed new manufactured home is in compliance with the requirements established by this article. The building official shall issue a new manufactured home permit or deny the request after the application has been fully reviewed.

(Ord. of 12-2003, § 14-4(b))

1. Compliance required. No pre-owned or used manufactured home shall be moved into or within the city until the conditions provided in this section have been met.
2. Location decal. A valid location decal must be obtained from the tax commissioner's office, a copy of which must be forwarded to the building official.
3. Application. An application for a pre-owned or used manufactured home permit shall be made on forms developed for that purpose and shall be submitted to the building official for review and approval in accordance with this article. The application for a pre-owned or used manufactured home permit shall be made on forms developed for that purpose and shall be submitted to the building official for review and approval in accordance with this article.
4. Site plan. A site plan for the proposed location of the pre-owned or used manufactured home must be completed, a copy of which must be forwarded to the building official.
5. Transport permit. A transport permit must be obtained from the building official. To obtain a transport permit, an applicant shall meet the following conditions:
   1. Affidavit of compliance with code standards. The applicant must provide a notarized affidavit signed by the applicant that the pre-owned or used manufactured home meets health and safety standards required by the land development code and this article. The affidavit shall be made on forms developed and provided for by the city for that purpose.
   2. Bond.
      1. The applicant must provide a $1,000.00 refundable guarantee of condition bond; such bond shall be by cash, certified check, bank check or money order.
      2. Upon completion of setup, all required repairs and issuance of a certificate of occupancy, $500.00 of the $1,000.00 guarantee of condition bond will be refunded to the applicant/owner.
      3. The guarantee of condition bond shall be forfeited in its entirety $1,000.00 should the applicant or owner:
         1. Fail to complete the necessary corrections required to bring the home into compliance with this article within 90 days of issuance of a manufactured home permit; or
         2. Fail to demolish or remove from the city within 14 days any pre-owned or used manufactured home which has been declared unsafe for human occupation by the building official.
6. Pre-installation inspection. Upon issue of transport permit an inspection will be completed by the building official at the location in which the manufactured home will be installed to ensure the manufactured home meets the standards established by this article. If the manufactured home does not meet these standards, the building official shall approve or disapprove the manufactured home for installation by written report. The report shall list defects or code violations found during the pre-installation inspection with corrective action required to obtain compliance with this article. Manufactured homes installed or setup on lots or parcels within the confines of the county or city may be inspected on or at the original site prior to relocation to a new lot or parcel. In no case shall any pre-owned or used manufactured home be relocated within the city prior to the completion of the pre-installation inspection.
7. Issuance of permit. Upon determination by the building official that the pre-owned or used manufactured home will meet the minimum manufactured home standards provided in this article, by condition or corrective action to be performed, a manufactured home permit will be issued for the home.

(Ord. of 12-2003, § 14-4(c), (d))

Utility services such as water, sewer, gas and electricity shall not be provided to any manufactured home until the building official determines that the requirements of this article have been met. The building official shall then issue a certificate of occupancy. No manufactured home shall be occupied or used until after the building official shall have issued a certificate of occupancy therefor. The certificate of occupancy shall be evidence that these regulations have been met, and utility service may then be provided.

(Ord. of 12-2003, §§ 14-2, 14-5)

All manufactured homes shall comply with the following minimum standards:

1. Compliance with HUD code. Every pre-owned or used manufactured home located or relocated in the city shall be in accordance with the Federal Manufactured Housing Construction and Safety Standards Act, 42 USC 5401—5445 (the HUD code) and shall not have been altered in such a way that the home no longer meets HUD code.
2. Interior condition. Every floor, interior wall, and ceiling of a pre-owned manufactured home shall be in sound condition. Doors and windows shall be operable, watertight and in good working condition. The floor system shall be in sound condition and free of warping, holes, water damage, or deterioration.
3. Exterior condition. The exterior of all pre-owned manufactured homes shall be free of loose or rotting boards or timbers and any other conditions that might admit rain or moisture to the interior portions of the walls or to occupied spaces. The exterior siding shall be free of rot and rust. Roofs shall be structurally sound and have no obvious defects that might admit rain or cause moisture to collect on the interior portion of the home. The bottom board or under board shall be continuous and free of defects. All plumbing, heating, ventilating, air conditioning, and electrical connections shall be sealed to the bottom board/under board to prevent rodent and insect infestation.
4. Sanitary facilities. Every plumbing fixture, water, and waste pipe of a pre-owned manufactured home shall be in a sanitary working condition when properly connected, and shall be free from leaks and obstructions. Each home shall contain a kitchen sink. Each bathroom shall contain a lavatory and water closet. At least one bathroom shall contain a tub or shower facilities. Each of these fixtures shall be checked upon being connected to ensure they are in good working condition.
5. Heating system. Heating systems shall be safe and in working condition. Unvented fuel-fired space heaters shall be prohibited.
6. Electrical system. Electrical systems (switches, receptacles, fixtures, etc.) shall be properly installed and wired and shall be in working condition. Distribution panels shall be in compliance with the approved listing, complete with required breakers, with all unused openings covered with solid covers approved and listed for that purpose. The home shall be subject to an electrical continuity test to ensure that all metallic parts are properly bonded. Aluminum wiring smaller than #6 American wire gauge shall be prohibited.
7. Hot water supply. Each home shall contain a water heater in safe and working condition.
8. Egress windows. Each bedroom of a manufactured home shall have at least one operable window of sufficient size to allow egress if necessary.
9. Ventilation. The kitchen in the home shall have at least one working domestic hood system or other ventilation device.
10. Smoke detectors. Each pre-owned manufactured home shall contain one operable battery-powered smoke detector in each bedroom and in the kitchen, which must be installed in accordance with the manufacturer's recommendations.

(Ord. of 12-2003, § 14-4(e))

All manufactured homes must be located on an approved site where the minimum lot size shall be 7,500 square feet.

(Ord. of 12-2003, § 14-6(b))

1. Permanent connection required. All manufactured homes must be permanently connected to water, sewerage and electrical service.
2. Water. Water service shall be public. Connection procedures must meet the requirements of the city's building and technical codes and must be freezeproof above and below ground. The water connection must be inspected and approved by the building official and the water system must be approved by the county health department.
3. Sewer. Plumbing for sewage must meet the requirements of the city's building and technical codes and any applicable county health department requirements. The sewerage system must be approved by the county health department.
4. Electrical. Electrical service must meet requirements of the city's building and technical codes. Electrical connections must be inspected and approved by the building official prior to authorization to the servicing power company to install permanent power service.

(Ord. of 12-2003, § 14-7(a))

All manufactured homes must be installed on a pier system, installed with permanent skirting, secured with tie-down devices and provided with steps and landings. The installation of all required foundation requirements must be inspected and approved by the building official.

(Ord. of 12-2003, § 14-7(b))

Piers or load-bearing supports or devices shall be designed and constructed to evenly distribute the loads. Piers shall be securely attached to the frame of the manufactured home or shall extend at least six inches from the centerline of the frame member. Manufactured load-bearing supports or devices shall be listed or approved for the use intended, or piers shall be constructed as follows:

1. Piers less than 40 inches in height shall be constructed of open or closed cell, eight-inch by eight-inch by 16-inch concrete blocks (with open cells vertically placed upon the footer). Single-stacked block piers shall be installed with the 16-inch dimensions perpendicular to the main (I-beam) frame. The piers shall be covered with a two-inch by eight-inch by 16-inch pressure treated wood or concrete.
2. Piers between 40 and 80 inches in height and all corner piers over three blocks high shall be double blocked with blocks interlocked and capped with a four-inch by 16-inch by 16-inch solid concrete block, or equivalent.
3. Piers over 80 inches in height shall be constructed in accordance with this section and they shall be laid in concrete mortar and steel reinforcing bars inserted in block cells with the block cells filled with concrete.
4. All piers shall be placed on footings of solid concrete not less than 16 inches by 16 inches by four inches.

(Ord. of 12-2003, § 14-7(b)(1))

Installation of skirting shall be required. Installation shall be in accordance with the manufacturer's installation instructions. Acceptable materials may include masonry, stone or brick material for the purpose of skirting.

(Ord. of 12-2003, § 14-7(b)(2))

1. Each manufactured home shall have tie downs or other devices securing the stability of the manufactured home as per installation of manufactured homes and mobile homes rules and regulations established and published by the state safety fire commissioner and O.C.G.A. § 8-2-160 et seq.
2. The requirements for units 14 feet and less in width require two types of anchorage: over the top tie downs to restrict overturning and frame tie downs to restrict the unit from being pushed from its piers. The requirements for units over 14 feet in width ("doublewides") require frame tie downs only.

(Ord. of 12-2003, § 14-7(b)(3))

Steps and landings are required for all homes and shall be constructed to the standards set forth in the city's building and technical codes.

(Ord. of 12-2003, § 14-7(b)(4))

1. Permitted locations. Manufactured homes qualifying as single-family dwellings shall be regulated uniformly with other housing constructed on site, subject to requirements and limitations set forth in this chapter.
2. Compatibility standards. Compatibility standards for manufactured homes meeting the definition of a single-family dwelling are as follows:
   1. Minimum width in excess of 16 feet.
   2. Minimum square footage required by the zone in which located.
   3. Roof with a minimum 2:12 (two inches of rise for every 12 inches of run) roof pitch and a surface of wood shakes, asphalt composition, wood shingles, concrete, fiberglass or metal tiles, slate, built-up gravel materials, or other materials approved by the building official.
   4. Exterior siding materials consisting of wood, masonry, concrete, stucco, Masonite, metal or vinyl or other materials of like appearance.
   5. Attachment to a permanent foundation.
   6. Construction according to standards established either by the state minimum standard codes as amended from time to time for site-build homes or the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 USC 5401 et seq. for manufactured homes or the state industrialized building regulations, O.C.G.A. § 8-2-110 et seq., for residential industrialized buildings, provided that each of these codes shall be applicable to the specific structure to which it applies.
   7. Removal of all towing devices, wheels, axles and hitches.
   8. Landing at each exterior door that is a minimum of 36 inches by 48 inches.
3. Comparison to housing in immediate vicinity. Manufactured homes qualifying as a single-family dwelling shall be compared to site build and other housing in the immediate general area within the same zoning or residential district or area. Approval shall be granted upon the finding that the manufactured home is substantially similar or superior in size, siding material, roof material, foundation and general aesthetic appearance to site-built or other forms of housing which may be permitted in the same general area under this chapter or existing development or proposed development in the same area.

(Ord. of 12-2003, § 14-8; Ord. of 4-2-2024, § 4)

Manufactured homes which do not meet the definition of a single-family dwelling shall be permitted within areas designated as manufactured home communities, subject to the requirements of this chapter. Manufactured home communities are allowed in the RMH district subject to the requirements of this chapter.

(Ord. of 12-2003, § 14-9)