36-66-7. Zoning regulations when replacing preexisting manufactured or mobile homes.

As used in this Code section, the term:#

1. (1)

   “Manufactured home” has the same meaning as provided in Code Section 8-2-131.#

2. (2)

   “Mobile home” has the same meaning as provided in Code Section 8-2-131.#

3. (3)

   “New home” means a manufactured home or mobile home that is purchased from either the original manufacturer or a dealer in the ordinary course of such dealer’s business and has never been titled or previously occupied.#

4. (4)

   “Single-family dwelling” means a manufactured home or mobile home used as a single-family residence.#

Notwithstanding any other provision of this chapter, 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 shall 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.#

The provisions of subsection (b) of this Code section shall not apply if:#

1. (1)

   A discontinuance is necessary for the safety of life or property;#

2. (2)

   The nonconforming use has been discontinued for the period of time established by ordinance which shall not be less than 12 months, unless such discontinuance is caused by circumstances outside the control of the property owner;#

3. (3)

   The replacement home would result in a change from the lawful nonconforming use as a single-family dwelling to any other type of dwelling; or#

4. (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 such shared driveway or shared sidewalk that extinguishes such obstruction or the effects of such obstruction.#