Zoning and Modular Homes
Modular housing that complies with state construction standards must be allowed in all zones where single family residences are allowed. That sounds pretty cut and dried, doesn’t it? So, why are there always zoning issues cropping up? There are several areas where the rules might get confusing.
First, there are differences between manufactured housing (previously referred to as mobile homes) and modular housing. In some cases that means different zoning laws. Maine is one of a handful of states that mandates the allowance of both manufactured and modular homes on property zoned residential.
Second, Code Enforcement personnel in individual towns may or may not be familiar with the building codes under which these homes are regulated. The construction of the actual home is mandated by standards set forth in either the HUD or the BOCA codes. These codes supercede any town codes that may be in place.
Third, there may be ordinances within an association or a sub-division that restrict either (or both) manufactured/modular homes. Also, there may be covenants written in a deed that restrict the type of building that may be placed there. These restrictions are in addition to any zoning and should not be confused with zoning regulations.
The best advice is to go to the town office where you are planning to build to get their regulations in writing, then review your deed to ascertain there are no restrictions. If you are not sure about something, ask questions. Knowing this information in the beginning of your project will save time and unnecessary heart ache. It is just one more step to organizing a successful home building experience.
